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, JANUARY 21, 2015 No. 10 House of Representatives The House met at 10 a.m. and was an effort to make good on a campaign prohibit transfers of terror suspects to called to order by the Speaker pro tem- promise to increase the number of a foreign country if there has been a pore (Mr. MCCLINTOCK). Guantanamo detainee transfers. Last confirmed case where an individual was f night during his State of the Union Ad- transferred from GTMO and engaged in dress, the President reaffirmed his any other terrorist activity. DESIGNATION OF SPEAKER PRO commitment to close this facility once The bill would also prohibit the TEMPORE and for all, and he is releasing pris- transfer of terror suspects considered The SPEAKER pro tempore laid be- oners at an alarming rate. Twenty-one to be high or medium risk. Some of the fore the House the following commu- terrorists have been released just in most recent transfer detainees fell into nication from the Speaker: November alone to foreign countries. those categories. This comes at the expense of our own In addition, this bill would stop the WASHINGTON, DC, transfer of detainees to Yemen because January 21, 2015. national security. I hereby appoint the Honorable TOM H.R. 401, the Detaining Terrorists to the country has become a hotbed for MCCLINTOCK to act as Speaker pro tempore Protect America Act of 2015, would sus- terrorist activities. It makes no sense on this day. pend the transfer of high- and medium- to send terrorists to a country where JOHN A. BOEHNER, risk detainees and prohibit any de- there is an active al Qaeda network Speaker of the House of Representatives. tainee transfers to Yemen as well as in- that we know has been engaged in tar- f crease transparency regarding the re- geting the U.S. Most importantly, Yemen’s branch of MORNING-HOUR DEBATE maining Guantanamo detainees. Detainees at GTMO pose a real al Qaeda, commonly known as AQAP, The SPEAKER pro tempore. Pursu- threat to our national security. When I was founded by former GTMO detain- ant to the order of the House of Janu- speak with folks at home, my constitu- ees. Counterterrorism experts have de- ary 6, 2015, the Chair will now recog- ents, moms and dads, and they ask me clared AQAP to be al Qaeda’s most ef- nize Members from lists submitted by how safe we really are, this rate of re- fective affiliate, posing the greatest the majority and minority leaders for engagement comes to mind. The U.S. danger to the American homeland. We cannot risk trusting the world’s morning-hour debate. intelligence community reports that most dangerous terrorists to its most The Chair will alternate recognition the number of former GTMO detainees dangerous places, nor should we simply between the parties, with each party who reengage in terrorism has steadily limited to 1 hour and each Member cut them loose in rich, stable countries increased since 2002. with no security safeguards in place. other than the majority and minority According to the Office of the Direc- We have to ask ourselves today: How leaders and the minority whip limited tor of National Intelligence, they re- much are we really willing to risk with to 5 minutes, but in no event shall de- ported the combined and suspected bate continue beyond 11:50 a.m. our own national security in our Amer- confirmed reengagement rate of former ican homeland? f GTMO detainees has risen to more I want to thank Senator AYOTTE for than an alarming 30 percent. Before we PRISONERS ARE BEING RELEASED working with me, and I look forward to proceed with any more additional working with her to advance this legis- FROM GUANTANAMO AT AN transfers, we must ensure the transfer ALARMING RATE lation. I look forward to continuing process is further examined and im- our partnership to prevent the release The SPEAKER pro tempore. The proved. of dangerous terrorists who seek to re- Chair recognizes the gentlewoman from In order to protect our fellow Ameri- engage in terrorism against the U.S. Indiana (Mrs. WALORSKI) for 5 minutes. cans, we must stop releasing some of and our allies. This bill ensures our Mrs. WALORSKI. Mr. Speaker, I rise the world’s most dangerous terrorists, homeland remains safe from those ter- today in support of legislation I intro- especially given the fact that they are rorist attacks. duced last week as a companion piece already reengaging in hostilities I urge my colleagues to support this to a bill offered by Senator KELLY against the United States and our al- bill. AYOTTE to protect the safety of the lies. f United States and its allies and re- This measure would repeal current strict the transfers of detainees from law that has allowed the administra- CONGRESS CAN LEARN FROM Guantanamo Bay. tion to transfer prisoners to foreign CHERYL STRAYED Since mid-November, the President countries and reduce the population at The SPEAKER pro tempore (Mr. and his administration have ramped up GTMO down to 127. The bill also would FORTENBERRY). The Chair recognizes

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.

H433

.

VerDate Sep 11 2014 02:31 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.000 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H434 CONGRESSIONAL RECORD — HOUSE January 21, 2015 the gentleman from Oregon (Mr. BLU- BATTLE OF THE BULGE 70TH ered, exactly what Hitler had counted MENAUER) for 5 minutes. ANNIVERSARY on, as the winter would only add to the Mr. BLUMENAUER. Mr. Speaker, The SPEAKER pro tempore. The element of surprise. last night for the State of the Union Chair recognizes the gentleman from The German 5th and 15th Panzer Ar- address by President Obama, my guest Pennsylvania (Mr. PERRY) for 5 min- mies, 6th SS, and 7th Army attacked was a Portlander, Cheryl Strayed, the utes. the U.S. 8th Army in a line between author of the best-selling book, Mr. PERRY. Mr. Speaker, I wish to Aachen and Bastogne with a plan to go ‘‘Wild,’’ who is currently being por- remind everybody about a real-life as close as possible down the seam be- tween American, Canadian, and British trayed on the big screen by Reese story of being outnumbered 10 to 1, a forces to split them. Witherspoon. This epic story is about story of courage, will, discipline, suf- After crossing the Meuse River, the how a young woman, reeling from the fering, immense sacrifice, and success, attacking Panzers were to turn north loss of her mother and the cascading a tale of two great militaries, surprise, and capture the port city of Antwerp, challenges of her life, undertook a weather, overwhelming force, and sheer thus collapsing the supply lines and journey 1100 miles along the Pacific resolve. It is marked with the graves of thousands and exemplifies the struggle the alliance. Coast Trail. It was 96 days of an amaz- The timetable established by the ing struggle, overcoming all sorts of for the very future of freedom in our world. German general staff and German high difficulties, adversities, as she helped command called for the capture of the work out her own challenges and The story ends with the 101st Air- borne and Patton’s Armor being vic- entire 28th Division sector early in the issues. torious in January and February of morning of 16 December and the cap- I invited her because I thought the 1945, and I think it is important to rec- ture of Bastogne by the same evening story that she portrayed, the experi- ognize the accomplishments of all the of that day. Bastogne was a major road ence that she had, was an interesting units who struggled and suffered great- junction which was needed by the Ger- metaphor for the sorts of things that ly under the German siege of a small mans for armor and resupply units. we should be doing here. Perhaps we town in Belgium named Bastogne. This In the early morning hours of 16 De- might be able to come together as a January and the recent December cember, the 28th Division received a Congress, supporting legislation that marks the 70th anniversary of the Bat- message telling them to hold at all would help protect some of those spe- tle of the Bulge. costs. Keystoners, as they were known, cial places that are portrayed in her Most people know of the 101st Air- were dug in and began the slow and powerful book and in the excellent borne, nicknamed the ‘‘battling Bas- painful art of trading space for time, movie. tards of Bastogne,’’ and the plight of trading space for time and life. The 110th Regiment was soon sur- In the course of her visit, another Patton’s Armor, as chronicled in so rounded and fought to the last round. thought has made its way to me as I many stories and movies now bur- From 0530 that morning of the 16th watched her interact with dozens of nished into the collective conscious- until sometime late in the afternoon of young people in a variety of meetings ness of our Nation, and rightly so. However, Mr. Speaker, on this 70th the 18th and early on the 19th in some on Capitol Hill, fellow Members of Con- anniversary, I want to remind us of an locations, men of the 110th Infantry gress, and many other people who were often untold story of the other heroes Regiment fought and held, giving touched by the story of her journey and of the Battle of the Bulge and the little ground only when forced out, but all it made a profound effect on them. She but critical town of Bastogne. It is a the while buying precious time for continues to receive hundreds of emails story of the American soldiers of the General Eisenhower to find and move a day from people who were inspired by 28th Division from Pennsylvania, who reserves forward from deep inside that effort and her magnificent book. held at all costs. France. It occurs to me that it is an appro- In late October to mid-November of The other two regimental combat priate metaphor for what our challenge 1944, the battle of the Hurtgen Forest teams of the division, the 109th and is as Members of the 114th Congress, was described as a meat grinder. The 112th Infantry Regiments, did only because this, after all, is a 2-year jour- 28th Division was in a fierce battle slightly better. The 110th Regiment ney on behalf of the American people. with the German 73rd Corps. For the stayed in place as they were assigned The question for us is: If we can strug- 28th, the battle losses were 248 officers the center sector of the division. The gle with that heavy pack, navigate and 5,452 enlisted men. After the bat- regiment alone fought elements of five areas where sometimes the trail is a tle, the weary division needed a rest. German divisions, of which it was out- little obscure, can we put our trust in The Ardennes Forest was thick and numbered at times 7 to 1. strangers who help us along this dif- seemingly impenetrable. It was known I must abbreviate due to time. ficult journey? Can we be resolute in as a quiet sector in which the 28th While there are many things that putting one foot in front of another on could reequip, reorganize, and assimi- come to mind when we think of the behalf of the American public? late thousands of new replacements Battle of the Bulge like the 101st Air- Mr. Speaker, it was a very profound into the ranks while the division rest- borne, Patton’s Armor, or Easy Com- experience to watch those interactions, ed. pany from the Band of Brothers, please Greatly weakened by the previous after having seen the movie, and hav- also remember the names and places battle, the 28th Division was spread out ing been entranced by the book. I am familiar to those others who held at all over some 25 miles along a front which absolutely convinced that this is our costs: the 103rd, the 109th, 110th, 111th, was more than double that which was moment, our journey into something 112th of the 28th. These are the echoes recommended in standard practice by that doesn’t necessarily have to be of the 28th Division and the men who any division at the time. ‘‘Wild,’’ even though there is a roller held at all costs and traded space for On the morning of 16 December 1944, time so that the 101st and Patton’s coaster of legislative activity. I am the peace was shattered by the opening convinced there ought to be enough Third Army could get into position in barrage of the Germans opening up one time to defeat the German offensive. common interest, common commit- of the largest displays of artillery bom- ment, common goals that we ought to bardment ever, signaling the start of b 1015 be able to tease out elements that en- Hitler’s last great offensive on the Mr. Speaker, we can learn a lot from able us to be successful in our journey. Western Front in World War II. these dedicated soldiers who refused to I hope, Mr. Speaker, that people will For the next 4 days, without any surrender but fought on for what they reflect on that experience of this young sleep, often without food, elements of believed in. I just wanted to remind ev- woman who was able to overcome ad- the 28th Division and their affiliates eryone and to offer my salute to these versity and open up an amazing chap- fought continuously, often until the finest Americans. ter in her life and beyond. I hope we last bullet and life, to deny the enemy Mr. Speaker, I wish to remind everybody will be able to do the same for the peo- success. It was exceptionally cold, about a real life story of being outnumbered ple we represent. foggy, damp, and, of course, snow cov- 10 to 1.

VerDate Sep 11 2014 00:49 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 9920 E:\CR\FM\K21JA7.003 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H435 A story of courage, will, discipline suffering, them. After crossing the Meuse River, the at- were killed where they stood at Malmedy on immense sacrifice and success. A tale of two tacking Panzers were to turn north and cap- direct orders from German Colonel Joachim great two militaries, surprise, weather, over- ture the port city of Antwerp, thus collapsing Peiper. whelming force and sheer resolve. A story the supply lines and the Alliance. The time- On 19 December, 6000 Allied Troops sur- marked with the graves of thousands, and that table established by the German General Staff rendered to the encircling German Army at exemplifies the struggle for the very future of and High Command called for the capture of Schnee Eiffel. freedom in our world. the entire 28th Division sector early in the On 20 December, the 101st Airborne Divi- The story ends with the 101st Airborne Divi- morning of 16 December, and the capture of sion at Bastogne completely was encircled by sion and Patton’s Armor victorious in January Bastogne by the same evening. Bastogne was the German 47th Panzer Corps and the US and February of 1945. a major road junction that was needed by the 10th and 19th Armored Divisions completely We must recognize the accomplishments of Germans for armor and resupply units. were encircled by the German advance. After all the units that struggled and suffered greatly In the early morning hours of 16 December holding on to Bastogne for a full week while under the German siege of a small town in the 28th Division received the order to ‘‘Hold encircled, the 101st repelled the final German Belgium named Bastogne. at all costs!’’ thrust with the arrival of the 4th Armored Divi- This past December 2014 through the end ‘‘Keystoners’’, as they were known, were sion. of January 2015 marks the 70th Anniversary dug in and began the slow and painful art of On 25 December, the 2nd Panzer Division of the one of the most significant and deadly trading space and lives for time—time enough was stopped by a combined force of British battles of World War II—the Battle of the for the 101st Airborne and Patton’s Armor to and American armor made up of General Bulge. get into the fight, and win it. Montgomery’s 29th Armored Brigade and the We must also remember the German units The 110th Infantry Regiment soon was sur- American 2nd Armored Division. and the actions of their Soldiers committed to rounded and fought to the last bullet. From 7 February 1945 marked the end of the bat- their nation’s cause. We must recount their ac- 0530 hours on 16 December, until sometime tle where the German casualty count was a tions as well—the cause of their leadership, late in afternoon of the 18th and early on the staggering 82,000 men, matched only by the the unfortunate actions that occurred in those 19th in some locations, men of the 110th In- 77,000 casualties suffered by the American desperate hours and learn from that history so fantry fought and held—giving ground only Army. that we may never again have to re-endure when forced out—but while buying precious While many things come to mind when we them. time for General Eisenhower to find and move think of the Battle of the Bulge—like the 101st, Most people know of the 101st Airborne reserves forward from deep inside France. Patton’s Armor or Easy Company (made fa- (nicknamed the ‘‘Battling Bastards of Bas- The other two Regimental Combat Teams of mous by the book and movie, ‘‘Band of Broth- togne’’) and the plight of Patton’s Armor as the Division—the 109th and 112th—did only ers’’, please also remember the names and chronicled in so many stories and movies now slightly better, and the 109th ran out of ammu- places familiar to the others that held at all burnished into the collective consciousness of nition on the 18th. These scattered and bat- costs: our Nation—and rightly so. However Mr. tered units of the 28th Division held out in the The 103rd, 109th, 110th, 111th, 112th Infan- Speaker, on this 70th Anniversary, I’m re- face of overwhelming odds—delaying the Ger- try Regiments; the towns and grounds of minded of an often untold story of other he- mans as long as they was by any standard a Clervaux, Wilt, the Clerf River, Foy and roes of the Battle of the Bulge, in the little but miraculous feat because of the complete and Noville; and the other units like Combat Com- critically important town of Bastogne. It’s the massive confusion of the Battle. mand B, 48th Armored Field Artillery, Combat story of the American Soldiers of the 28th Di- However, the 110th Regiment stayed in Command R, 158th Engineer Battalion, 630th vision from Pennsylvania who held at all costs. place as they were assigned the center sector Tank Destroyer Battalion, 1278th Engineer In late October to mid-November of 1944, of the Division. This Regiment alone fought Battalion and the 299th Engineer Battalion occurred the Battle of the Huertgen Forest— elements of five German divisions, outnum- who suffered and fought to reconstitute and described as ‘‘the meat grinder’’—where the bering the Americans 7 to 1. support this brave endeavor. These are the 28th Division fought a fierce and deadly battle Overall the 28th Division would identify ele- echoes of the 28th Division and the men and with the German 73rd Corps. For the 28th, ments of 9 divisions in its sector before the units who held at all costs and traded space battle losses were 248 officers and 5,452 en- Battle was over. Early on, the force ratios for time so that the 101st and Patton’s 3rd listed men, after which the battle-weary Divi- reached 10 to 1 in the Germans’ favor, but still Army could get into position in time to defeat sion needed a rest and were moved to the Pennsylvania’s 28th Division valiantly held its the German offensive. Ardennes Forest, thick and seemingly impen- ground. Mr. Speaker, we could learn so much from etrable but quiet sector in which the 28th Divi- Small determined units, low on ammunition, these dedicated Soldiers who not only refused sion could reconstitute, reorganize and assimi- food, water, anti-tank weapons, and morale, to surrender, but fought for what they believed late thousands of replacements into the ranks continued to stand and fight until forced to re- in. while the Division recovered. Greatly weak- treat, captured or killed. I remind us all of this tale of heroism, tire- ened by the previous battle, the 28th Division The old 110th, which had served the Com- less and selfless service, and salute these was spread out over some 25 miles along a monwealth of Pennsylvania and the Nation brave Americans. front more than double that which was rec- since 1873, started to fight with just over 2200 f ommended in standard practice by any divi- Soldiers. When all was said and done, less MAINTAINING AMERICA’S sion at the time. On the morning of 16 Decem- than 750 officers and men could be found still INFRASTRUCTURE ber 1944, the peace was shattered by the fighting. Some unit strength reports have it just opening barrage of the Germans in one of the around 500 unit members still standing. The The SPEAKER pro tempore. The largest and most deadly artillery bombard- German Fifth Panzer Army was so ravaged by Chair recognizes the gentlewoman from ments ever—signaling the start of Hitler’s last the Keystoners that many say it ultimately cost Ohio (Ms. KAPTUR) for 5 minutes. great offensive on the Western Front in WWII. the Germans the battle. Ms. KAPTUR. Mr. Speaker, I wish to For the next four days without any sleep, and The Division held until it could hold no associate myself with the prior gentle- often without food, elements of the 28th Divi- more, and it never ordered a single retreat. It man’s commendation of those who sion and their Allies fought tirelessly—to the was a continuous fighting withdraw under fought on behalf of liberty at the Bat- last bullet in most cases—as well as to the fire—described as ‘‘We made the Germans tle of the Bulge. We bow before them. last life, to deny the enemy success. pay for every yard, every road junction, and They bequeathed liberty to this gen- The day and night were punishing—freez- fighting house by house, floor by floor, often eration. It is a heavy burden. Let us ing, wet, foggy and snow-covered—exactly hand-to-hand when the ammunition ran out.’’ hope that we can measure up to it in what Hitler had counted on, as the winter The 28th inflicted 11,700 casualties on the tribute to their valor. would only add to the element of surprise and enemy at a cost of 3850 Americans killed and At last night’s State of the Union Ad- exponentially increase his chances for suc- wounded, and another 2000 captured when dress, passing a transportation and in- cess. The German 5th and 15th Panzer Ar- they simply ran out of ammunition. frastructure bill to repair America and mies, 6th SS and 7th Army attacked the U.S. There are many footnotes to this intense build forward a new century, as we cre- 8th Army and aligned between Aachen and Battle: ate hundreds of thousands of jobs, got Bastogne with a plan to fight as close as pos- On 17 December, Allied prisoners of war the broadest bipartisan applause. You sible down the seam between American, Ca- were executed in cold blood by elements of could hear it on both sides of the aisle. nadian and British forces in order to split the 6th SS Panzer Army. Some 100 prisoners So I come to the floor this morning to

VerDate Sep 11 2014 00:49 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.002 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H436 CONGRESSIONAL RECORD — HOUSE January 21, 2015 say, Let’s do it. Let’s do it. Chairman dignity. And for so many, their lives Adding to Levin’s fears was testimony last BILL SHUSTER and Ranking Member are not easy. week before Ways and Means, in which Har- PETER DEFAZIO are two Members who I remind my colleagues who visit vard economist Martin Feldstein promoted can get us there. We want to help nursing homes and who have neighbors the idea of Congress gradually raising the or relatives in their own family who eligibility age for full Social Security bene- them. I know the majority of Members fits to as high as 70. That would increase feel that way. So my words to them endure pain every day how vital these labor-force participation among people older are: Onward, gentlemen; lead America programs are. There but for the grace than 65, expanding the economy, Feldstein forward by passing that bill through of God go you. said. But raising the retirement age would us. This Congress should oppose these add to the strain on the disability fund, On another front, I rise to express backhanded cuts, and at the same time which has had to cover more workers longer deep dismay at what I believe to be Re- we should support the passage of the since the retirement age was raised from 65 publican efforts to weaken and begin transportation and infrastructure jobs to 67. bill to build our Nation forward. There These tensions fueled a separate uproar dismantling the Social Security and last week over remarks by 2016 presidential disability insurance program that so are items we can agree on, and there hopeful Sen. Rand Paul about the disability many Americans depend upon. The will be items that we disagree on. But program. headline in yesterday’s Politico reads: our roads, our bridges, our harbors, our Testing the waters in an appearance in ‘‘Social Security disability under at- airports, our rail systems, the St. Law- New Hampshire, the Kentucky Republican tack by the GOP.’’ rence Seaway System, and navigable suggested that half the people on Social Se- As this Congress starts, Republicans waters all deserve our attention. We curity disability had no more to worry about have quietly and without consulting can make it happen this year. Let’s do than achy backs and anxiety in the morning. ‘‘Join the club. Who doesn’t get up a little Democrats tucked into the rules of this it. anxious for work and their back hurts,’’ Paul House a point of order provision that [From POLITICO, Jan. 20, 2015] said disparagingly. aims to harm our Nation’s 8,950,000 dis- REPUBLICANS TARGET SOCIAL SECURITY After video of his remarks went online, abled citizens and weaken the related DISABILITY Paul quickly backtracked: ‘‘We absolutely Social Security earned benefit pro- (By David Rogers) should take care of those truly in need of gram. The number of Americans on dis- Like Mrs. O’Leary’s cow, House Repub- help,’’ he said in a statement. ability today in a Nation of over 310 licans kick-started a bigger fire than many At this stage, the White House and Treas- ury show no sign of backing down from their million people amounts to less than 3 imagined with an opening day rules change that revived Social Security as a hot issue intent to pursue a straight reallocation of percent of our population. That is actu- funds from the retirement account, formally ally a very small number when you for this Congress—and the 2016 presidential elections. known as the Old Age Survivors Insurance or think about it. God has been good to The GOP’s immediate target is Social Se- OASI trust fund. Given all the divisions al- most of us, but that isn’t true phys- curity’s sprawling disability insurance pro- ready in Washington, adding a new proce- ically and mentally with many of our gram, which has grown at a pace far beyond dural hurdle is ‘‘unhelpful,’’ an administra- fellow citizens. its revenues and will exhaust its trust fund tion official said icily. Mr. Speaker, even though the num- reserves by December 2016, threatening a 19 Indeed, transfers between the two Social ber of disability approvals has been de- percent cut in benefits. Security funds have gone on for years. Each relies on a percentage of the same payroll clining since 2010, Republicans have In the past, Congress has simply shifted revenues from Social Security’s larger re- tax, and the disability program helped the begun this Congress by singling out the tirement account to fill holes in the dis- retirement trust fund in the 1980s by reduc- disabled. They haven’t targeted Wall ability fund. But the new House rule throws ing its own share of the tax revenue. Street moguls who brought our econ- up a roadblock by creating a point of order What’s most changed now is that critics omy down and stole trillions of dollars against any such bill that does not improve are singling out the disability fund as the of home equity and the very homes the ‘‘actuarial balance’’ of the combined profligate partner—and a harbinger of bad from our families. No, Republicans are funds. times ahead for all. Without doubt, the growth of the disability targeting the injured, the suffering, ‘‘What we want to do is not kick the can down the road anymore,’’ said Rep. Sam program has been explosive. and those not able to fend for them- Johnson (R–Texas), who promoted the In the past 20 years, the number of workers selves. Even to touch this subject so change as chairman of the Social Security getting disability payments has more than callously is a cruelty. It causes worry panel on the House Ways and Means Com- doubled to 8.95 million last month. About and trepidation. It makes life more un- mittee. ‘‘The rule is intended to get the Con- $140 billion went out the door in fiscal 2013, certain. gress to at least take a first step toward double what the costs were just 10 years be- Why should such an important solving the Social Security problem. If we fore. And like food stamps in the Farm Bill change not be debated on this House continue the way we are, it’s a go-broke op- debate, disability payments are common enough now to be a whipping boy for con- floor? Republicans instead hope to pull eration.’’ ‘‘If all they’re doing is rob-Peter-to-pay- servatives like Paul, playing on resentment the wool over the eyes of the American Paul, that’s going to be subject to a point of toward people receiving government aid dur- people by hiding it in an obscure rule order, and rightly so in my opinion,’’ added ing hard economic times. that was part of a massive parliamen- Rep. Thomas Reed (R–N.Y.). ‘‘We have to At one level, this is all political catnip for tary package for this 114th Congress. protect the retirement fund and the retiree.’’ Democrats, eager to be seen as defenders of But I tell you what, not all Americans It all sounds like ‘‘good government,’’ but Social Security and its New Deal heritage. have been fooled. Despite this subtle the politics are rich. But given their history, Republicans don’t House Democrats were not consulted on come to the table with clean hands. attempt to pit Social Security pen- the rules change, and liberals accuse the For example, the GOP’s 2011 budget deal sioners against disabled beneficiaries, GOP of trying to cull the weak from the with President Barack Obama held out the our office has already received a great herd, pitting the disabled against pensioners promise of millions in appropriations to help number of calls and letters from citi- to undermine the larger Social Security coa- the Social Security Administration fight zens sick over the possibility that a 20 lition. precisely what Republicans complain about percent benefit cut could adversely af- In fact, the new rule’s fine print leaves an in the disability program: medical fraud. But fect our neighbors and relatives most escape hatch for Republicans to move tens of for 2012 and 2013, House Republicans failed to in need. billions into the disability fund if this gam- approve the money, thereby adding to Social These proposed cuts in Social Secu- bit fails. Still, the upshot could be a one-two Security’s woes. punch Democrats most fear: a first-round de- Moreover, an analysis by Social Security’s rity and disability insurance—and I un- bate over disability funding in 2016 followed chief actuary, Stephen Goss, suggests there’s derline the word ‘‘insurance’’—set the by a bigger battle over all of Social Security less to the new House rule than meets the stage for what Republicans truly want, in 2017, when Republicans hope to control eye. That’s because the point of order is trig- and I fear: severe cuts, a weakened So- both Congress and the White House. gered only if lawmakers exceed a ‘‘0.01 per- cial Security system, and ultimately ‘‘They’re looking for a new weapon,’’ said cent’’ threshold, which equates to a $38.6 bil- dismantling one of our greatest Amer- Michigan Rep. Sander Levin, the ranking lion cap on what any one Congress can move ican legacies, earned Social Security Democrat on Ways and Means. ‘‘What from the retirement fund, Goss told POLIT- they’re doing in this rule is to use any prob- ICO. benefits and earned disability benefits lems within disability as a way to attack the That leaves too little room for some long- for our old, our ill, and our disabled. whole system. It’s dangerous doubletalk term, multiyear reallocation of payroll tax Our disabled and senior citizens have when they have been the problem, not the revenues but it is enough to get past 2016, by the right to live out their lives with answer.’’ Goss’ calculations.

VerDate Sep 11 2014 00:49 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.004 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H437 ‘‘We’re projecting [disability] trust funds ability—not partial or short term. Benefits and Maine face a larger concentration of dis- will be depleted in December of 2016. . . . The are a function of how much a worker pre- ability cases as a percentage of the popu- shortfall for the ensuing 12 months would viously earned and put into the system, but lation. Workers complain of a slow, almost come to about $29 billion,’’ Goss said. ‘‘What on average these run under $1,200 per month. Dickensian application process that can put that means is that we could have a tax rate On top of this, a worker is allowed to earn their lives on hold for months. This same en- reallocation that could apply in 2016 or 2016 some outside income, but this is capped at vironment can attract aggressive attorneys, and 2017 that would generate up to $30 billion less than $1,100 a month. who boast in phone book ads that this is or even $35 billion transferred to the [dis- The result is that many households can be their briar patch—just call. ability] trust fund, which would at least ex- locked in at 200 percent of poverty or lower Fresh indictments this past week in Puer- tend its reserve depletion date for one more once the decision is made to go on disability. to Rico are a reminder of the risk of fraud— year.’’ That’s why early intervention can help both and collusion among doctors, lawyers and It’s a stop-and-go scenario that serves nei- the government and the worker. But how administrative judges. Government Account- ther party’s goals in the end. Much depends early to intervene—and at what cost—re- ability Office reports have raised questions in the interim on Johnson and new Ways and main big questions. about workers double-dipping, by stringing Means Committee Chairman Paul Ryan (R– ‘‘They are really only biting at the outer together payments from Social Security dis- Wis.). edges of the issue. Their idea of early inter- ability along with jobless benefits or non- Ryan has boasted that Ways and Means vention is way too late,’’ said Richard combat-related disabilities covered by the will be ‘‘command central’’ for the GOP’s Burkhauser of Cornell University and the Department of Veterans Affairs. agenda, and he has installed his own staff in University of Melbourne. Burkhauser argues None of this alters the 2016 deadline. Johnson’s Social Security subcommittee. In that the U.S. must look to European coun- ‘‘The trust fund programs really are spe- the previous Congress, the disability debate tries like the Netherlands that ‘‘have really cial because they cannot borrow. The re- among Republicans was shaped by flamboy- done major things that have fundamentally serves deplete. Congress has to act,’’ Goss ant personalities such as the now-retired altered their system.’’ said. ‘‘We’ll still have revenue come in, but Sen. Tom Coburn (R–Okla.) and Rep. Darrell The Dutch model, for example, requires our projection is we’ll only have 81 cents of Issa (R–Calif.), who has had to surrender his employers to cover more of the first two tax revenue coming at that time for every platform as chairman of the Oversight and years of disability costs, thereby encour- dollar of benefits.’’ Government Reform Committee. But now, aging more management involvement in try- But under the new House rule, Goss said, Ryan would like to be the architect for re- ing to help employees rehabilitate them- any single piece of legislation can give the forms in the social safety net. selves and stay in the workforce. Yet selling program at most ‘‘a one-year or slightly There is room for compromise. The crisis is this to a pro-business Republican Congress more than a one-year extension of the re- no surprise—as long ago as 1995, Social Secu- may take more than a little doing. serve depletion date.’’ Does that mean Congress should do more rity’s actuaries were predicting 2016 as a ‘‘The Dutch still spend more of [gross do- than one year? breaking point for the disability fund. And mestic product] than we do on disability ben- The actuary chuckled. ‘‘The good news,’’ multiple academic papers from the center- efits,’’ Liebman said. ‘‘They came from he said, ‘‘is that given we have 535 members left and center-right outline changes Con- spending a lot more than we do to spending of Congress, we’ll hear lots of arguments and gress could consider. more than we do.’’ that will likely be one.’’ Three potential areas of agreement: First, Johnson is certainly not eager for big new find a dedicated source of money for Social expenditures. But for all his famous crusti- f Security to expedite so-called continuing ness, the Texas conservative was not unsym- ENDING THE WAR IN disability reviews, which have been shown to pathetic to people who depend on the current AFGHANISTAN generate savings. Second, limit recipients’ system. ‘‘double-dipping’’ among disability and other ‘‘We want to work to protect the disability The SPEAKER pro tempore. The government benefits. And third, experiment program, but we want to consider how to Chair recognizes the gentleman from with ways to help people with disabilities to help those who can and want to work,’’ John- North Carolina (Mr. JONES) for 5 min- stay in the workforce or return more quick- son said. ‘‘And those who can or want to utes. ly. work ought not to be sentenced to a lifetime Mr. JONES. Mr. Speaker, I am sure The past year has seen some turnaround on of near poverty with no way out.’’ that my colleagues would agree that funding for the disability reviews. In the fis- For all the partisanship now, the disability cal 2014 and 2015 Social Security budgets, insurance program was born in the mid-1950s we have many needs in our districts. House Republicans finally agreed to the under a Republican president, Dwight Eisen- For example, my district has an inlet extra ‘‘program integrity’’ appropriations hower. Ronald Reagan triggered bitter fights that cannot be dredged, which causes that the budget deal had called for. The So- 25 years later when he sought cuts in the an economic problem. And the reason cial Security Administration says every dol- early 1980s. That sparked a backlash from it cannot be dredged is because of lack lar spent here can lead to $9 in long-term Democrats in Congress, which led to changes of funds. We continue to spend billions savings, and in 2013—the latest year for making it easier for more people to qualify. of dollars in Iraq and Afghanistan, but But the enrollment numbers really took which data are available—more than 17,000 there is no money for necessary infra- workers were disqualified as a result of these off in the mid-1990s, as more baby boomers medical reviews. moved into their late 40s and began applying structure projects back here in North The administration estimates that as during an otherwise strong economy. The Carolina and across the Nation. many as 790,000 continuing disability reviews Great Recession accelerated this trend as Mr. Speaker, as you know, I have will be conducted this year, a 50 percent in- workers turned to disability as a last resort been outspoken on the continuation of crease over 2014 and double the annual aver- after unemployment benefits ran out. But war in Afghanistan. I would like to re- age from 2009–2013. To maintain this effort, the prime mover for the past 20 years has cite a segment from Rudyard Kipling’s the 2016 budget that Obama proposes in Feb- been demographics—changes set in motion poem, ‘‘Epitaphs of the War,’’ as Ron ruary is expected to ask again for close to generations ago. Paul did when we went into Iraq: ‘‘If the $1.4 billion provided in 2015. These include not just the baby boom, but The White House is also expected to come the fact that women have worked long any question why we died, tell them back to Congress with a set of demonstration enough now to qualify for disability benefits. because our fathers lied.’’ programs to test and gather data on the ef- All this comes, most importantly, at a time Mr. Speaker, a recent letter to the fectiveness of early intervention—with when the drop in birth rates has left fewer editor of the Marine Corps Times workers and employers—rather than individ- younger workers to help absorb the costs. echoed the same sentiment. Bryan uals simply surrendering to going on dis- If all these forces make disability insur- Chou wrote: ance the black sheep now, it will soon have ability. The omnibus bill approved in Decem- ‘‘Remember the part I said about ending company: The retirement side of Social Se- ber provided $35 million for this purpose, far the Marines’ presence in Afghanistan? I curity is feeling the same forces, while new less than what the administration had hoped lied,’’ said every politician. for. enrollment numbers suggest the spike in dis- ‘‘I think it’s clear that the system needs to ability has peaked. Data show a steady drop I assume Mr. Chou was referring to be improved,’’ said Jeffrey Liebman, a Har- in the number of new disability awards since the President’s recent statement that vard professor who served in the Office of their high in 2010. the war in Afghanistan is over. Management and Budget during Obama’s ‘‘The increasing effects of [disability insur- How can the war be over when we first term. ‘‘I also think it’s clear that we ance] are over. We’re done with that,’’ Goss just committed to a 10-year bilateral don’t yet know enough about the cost and said. ‘‘The bad news is now the boomers are security agreement with Afghanistan benefits of specific proposals to make whole- moving to the higher ages and once they get to keep thousands of troops there while sale changes.’’ there, they’ll have the lower-birth-rate gen- Part of the challenge for policymakers is eration below them. . . . This is unfortu- spending millions of dollars? The Af- the unique nature of disability insurance. nately kind of like the tide.’’ ghan Parliament voted on the bilateral Unlike many other disability programs, As the waters recede, rural low-income security agreement while we in Con- Social Security’s covers only total dis- states like Kentucky, Arkansas, Mississippi gress had no discussion and no debate.

VerDate Sep 11 2014 00:49 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.005 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H438 CONGRESSIONAL RECORD — HOUSE January 21, 2015 According to the Constitution, the that proclamation. He reached across dark road of debt and doubt and de- President does not need to come to the aisle to the Republican Congress, spair that we have been on. If higher Congress for permission on an agree- and together they achieved some amaz- taxes and more burdensome regula- ment, but I think we have a responsi- ing things for the American people. tions were the path to prosperity, we bility to the American taxpayer and Together, they reduced Federal should be enjoying a new economic our men and women in uniform to dis- spending by a remarkable 4 percent of golden age today. If higher government cuss an agreement that will keep more GDP. They reformed entitlement spending and soak-the-rich policies taxpayer dollars and more troops in Af- spending—in Bill Clinton’s words, were the antidote to income inequal- ghanistan in the coming years. ‘‘ending welfare as we know it.’’ They ity, we should today be enjoying an Just a couple of weeks ago the Ma- approved what amounted to the biggest egalitarian paradise. rine Corps announced that the marines capital gains tax cut in American his- The reality is these policies have at Camp Lejeune in North Carolina’s tory. They produced the only four bal- never worked. They have suppressed Third District, which I represent, are anced budgets that we have seen in 50 what should have been a robust eco- getting ready to deploy to Afghanistan. years. nomic recovery. They have increased When does it end, Mr. Speaker? When And the economy blossomed. We en- the economic inequalities in our soci- does it end? joyed one of the longest periods of eco- ety. They have buried our children I would like to quote Grant Filbeck nomic expansion in our Nation’s his- under a mountain of debt that will from Erie, Pennsylvania, who wrote a tory. stalk them for the rest of their lives. letter to the Marine Corps Times last It wasn’t a bipartisan lovefest. They The answer to income inequality and week about Afghanistan: clashed bitterly on matters great and economic stagnation is genuine eco- I believe in the mission 100 percent, but we small. Yet their accomplishments pro- nomic growth that requires reducing have given the Afghans the tools to succeed, duced prosperity for our Nation and en- the burdens that government has and it’s up to them to use them. We have sured President Clinton’s popularity placed on our economy. It worked when been in the country for more than 13 years. that endures to this day. Bill Clinton did it, when Ronald That is ridiculous. We have spent so much President Obama thus has a working, Reagan did it, and when John F. Ken- money funding these guys. If the Afghans proven model to salvage the last 2 nedy did it. In fact, Kennedy was right: want to fight for their country, then they years of his failed Presidency, and in- a rising tide lifts all boats. Yet Barack will, or the Taliban will take over without stead, he is squandering it. The Presi- much of a fight. Obama clings obstinately to the oppo- dent says he wants to sock it to the These two men whose letters I ref- site policies. It shouldn’t surprise us wealthy by placing new and heavy that he is getting the opposite results. erenced are marines who have been to taxes on investment. But the simple Afghanistan. truth of the matter is, when you tax b 1030 Mr. Speaker, this is a poster from a something, you get less of it. When you He had a fleeting opportunity last book titled, ‘‘How U.S. Taxpayers tax investment, you get less invest- night to bend to the will of the voters, Bankroll the Taliban.’’ It was written ment at precisely that time when our reverse these policies, and redeem his several years ago by Douglas Wissing. economy desperately needs greater in- place in history. Instead, Whittier’s It is a great expose on how the tax- vestment for more and better-paying words seem appropriate this morning: payers’ money ends up in the hands of jobs. Of all sad words of tongue or pen, this sad- the Taliban, to kill Americans and to A smaller percentage of our people dest are these: ‘‘It might have been.’’ blow up the buildings that we built for are working today than at any time in f them with taxpayer money. more than 30 years. Until last year, Mr. Speaker, in closing, we owe it to median family income had fallen HONORING WILLIAM M. ALLEN the American people, our military, and throughout this administration. The The SPEAKER pro tempore. The our Constitution to debate war. As American people don’t want more gov- Chair recognizes the gentleman from James Madison wrote: ‘‘The power to ernment handouts. They need more Florida (Mr. JOLLY) for 5 minutes. declare war, including the power of jobs and better jobs, and that means Mr. JOLLY. Mr. Speaker, this past judging the causes of war, is fully and more investment, not less. They need a December, the community of Pinellas exclusively vested in the legislature.’’ I job market that isn’t flooded with mil- County, Florida—indeed, the Nation— agree with James Madison and urge the lions of illegal immigrants undercut- lost an American hero, William M. Congress to meet its constitutional ting their wages and opportunities. In- Allen. duty to debate war and not let any deed, it was recently estimated that Bill Allen was 83 years old and had President have an AUMF to send our the number of illegal immigrants served in the United States Army from young men and women overseas to die working in direct defiance of Federal 1949 to 1953 as a sergeant, Charlie Com- and see the taxpayers’ money wasted. law is as much as the net increase in pany, 19th Infantry Regiment, 24th In- May God continue to bless our jobs throughout this administration. fantry Division. troops, and may God continue to bless Most Americans are not getting ahead. Mr. Allen was a prisoner of war from America. We now suffer the highest corporate January 1, 1951, until August 1953, held f tax rate in the industrialized world, captive during the Korean war after and American businesses are fleeing being overcome by Chinese troops. Mr. A SQUANDERED OPPORTUNITY from it. Allen was just 19 years old at the time. The SPEAKER pro tempore. The Who would have thought that social- To those who knew Mr. Allen, he was Chair recognizes the gentleman from ist Sweden would today be considered a one of those remarkable people that California (Mr. MCCLINTOCK) for 5 min- tax haven compared to the United left a lasting impression on you after utes. States? Our people need those Amer- just a single encounter. He was a pa- Mr. MCCLINTOCK. Mr. Speaker, I ican jobs back in America. triot. He would share his stories not for rise to express my deep disappointment Yet the President seeks to raise his own attention, but to impart on in the address by the President last taxes still further at a time when the each of us the story of sacrifice that night in this Chamber. Federal Government is already extract- our men and women in uniform make Twenty years ago, President Clinton ing record tax revenues from our peo- so that the United States—all Ameri- was in a similar position. He realized ple. The percentage of our economy cans—might live in peace, protected by his policies weren’t working; they had now consumed by Federal taxes is well those who serve. just been overwhelmingly rejected by above the 40-year average. Our eco- Mr. Allen’s story was most human. In voters and he faced the first Repub- nomic problems are not the fault of his own words, he wrote this about his lican Congress in 40 years. So in his taxpayers for not paying enough taxes. enlistment in the Army and subsequent State of the Union Message 20 years The President says he wants to help deployment: ago, President Clinton changed course, the middle class, but the proposals he Then there are people like myself, the lit- proclaiming: ‘‘The era of Big Govern- set before us last night would drag the tle guy who went to Korea as a young kid, ment is over.’’ And he made good on middle class still further down the still wet behind the ears, fresh out of high

VerDate Sep 11 2014 00:49 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.005 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H439 school, who joined a peacetime army, but youth that he devoted his time to edu- creativity, one in which a person who soon found himself in one of this country’s cating about the cost of war, the im- has an idea can seize the moment and most controversial military and political sit- portance of sacrifice, and the dignity of use the gifts of their own two hands uations known at that time. When it was over, we came home as vet- service. and their own intellect to make good erans; no longer were we the kids down the I thank Mr. Allen today for his serv- things, to create benefit for others, to street. We were now that guy home from ice to our Nation and to pay a most fit- create jobs, hire people, protect fami- war, the war that only a very few knew very ting tribute, that for a man who sac- lies, and to make a contribution to so- much about, a war that was unpopular, and rificed so much on behalf of our Na- ciety. a war that was soon to be forgotten, forgot- tion, today is remembered in the well Many young people want to pursue ten only by those who didn’t have to fight it. of this House—the people’s House—by these avenues; yet we have to be hon- Mr. Allen did fight that war for us, Members of Congress and by a grateful est about what is happening. We are and his sacrifice truly became real the Nation. entering, in this country, into an en- day he knew he had been overcome by May God bless Bill Allen; may God trepreneurial winter. What does that Chinese forces. He recalls wondering at bless his wife, Helen; may God bless his mean? In other words, the number of that very moment would they shoot family; and may God richly bless each startup businesses—small businesses— him, and in those brief moments, Mr. and every American who today serves is less than the number of small busi- Allen recalled that he knew then that and protects and defends the United nesses dying. the course for his life would forever States of America. We do not have a net increase in the change. Two things he said he knew for f number of small businesses; and, again, sure: one, he was still alive; and, two, this is where most Americans live and he was now a prisoner of war. RESTORE AN OPPORTUNITY GOV- work, making good things for others, Indeed, the course of Mr. Allen’s life ERNMENT THROUGH RESPON- in small business. That is where jobs had changed forever. He endured many SIBLE GOVERNMENT are created. terrible moments as a POW. His family The SPEAKER pro tempore (Mr. How do we address this problem? endured much grief, much worry, much MCCLINTOCK). The Chair recognizes the Well, the tendency, again, in our body pain; but his life had also changed for- gentleman from Nebraska (Mr. FOR- is to think about public solutions, but ever because Mr. Allen would later find TENBERRY) for 5 minutes. let’s examine—not through my opinion another calling in life, that of teaching Mr. FORTENBERRY. Mr. Speaker, but just the analytics—as to why small others the importance of service, last night, we gathered here in the businesses are not creating new jobs teaching about the sacrifice of our men House of Representatives for a great and are not starting up as aggressively and women in uniform, sharing with American tradition: the State of the as they have in the past. others the true cost of freedom. Union—the Presidential address where It is really two things. It is health He would share these lessons with we celebrate openness and trans- care and regulations. Smart regula- anyone he would encounter, but he also parency in our government, where a vi- tions are necessary to protect the did something very special. He contrib- sion is laid out that we are free to dis- health and well-being of all Americans, uted many of his personal items from agree with or agree with components of but when you have oppressive regula- the war—letters, telegrams, newspaper but, nonetheless, points to this great tions that tend to stack the deck to- articles—to the Armed Forces History American ideal that we are a people ward those who are larger and can hire Museum in Largo, Florida, for a perma- who self-govern and that we are ac- an army of lawyers and accountants, it nent display dedicated to his POW countable in an open way to the people represses the ability of small busi- story. Moreover, he then volunteered who sent us here, even in the midst of nesses to take risks and create jobs. his time to teach young people at the deep philosophical divides about the di- The second problem we have is health museum the very lessons of service, to rection of our Nation—and, of course, care. Mr. Speaker, I got an email yes- share with visitors his deeply personal the world was watching. terday from someone who said: ‘‘Con- story. Mr. Speaker, I believe it is impor- gressman, my health care has gone up Mr. Speaker, Bill Allen served our tant, though, that we take a moment so much that I have to move into gov- Nation in war, but he then served his of reflection and be honest about this ernment housing.’’ Now, think of the community here at home, passing down moment in time and the current condi- irony of that. a rich legacy to generations that fol- tions in our society. Many Americans Again, we need the right type of low. I was one of those individuals who do face downward mobility, stagnant health care reform, one that is going to had an opportunity to share in that wages, and an increased cost of living. reduce costs and improve health care story, and I am blessed by my experi- Many people feel very abandoned in outcomes while we protect vulnerable ences with Mr. Allen. the face of a Washington-Wall Street persons. But what has happened? Some For his military service, Mr. Allen axis, where more and more power is people have been helped by the new was awarded many medals, including concentrated into fewer and fewer law, but many, many families have the Combat Infantry Badge, the Purple hands. But I think we have to be care- been hurt with escalating health care Heart, the Bronze Star, and others. ful about something. We have to be costs, and, again, it creates an environ- Mr. Allen is survived by his wife, careful about seeing the solution as ment in which small business is re- Helen, of whom he once wrote: lying in more government. pressed. If she was not with me, I don’t know what I think our Nation deserves a smart Mr. Speaker, again, I think our gov- I would have done. She was not only my wife, and effective government, and I think ernment should be smart and effective, but she is my best friend. our job here in Congress is to continue and I think that is what most Ameri- Mr. Allen is also survived by his chil- in an open way, look at the past, and cans want, but Washington continues dren, Susan and Bill, and many grand- see what worked and see what doesn’t to remain mired in mediocrity, and po- children. work, to let go of that which is tired litical dysfunction and partisan grid- Mr. Speaker, a few months ago, be- and old and worn out and continues to lock have made smart and proper gov- fore Mr. Allen’s passing, he presented linger, and to invest more in that ernment difficult. me with a copy of his book, ‘‘My Old which is smart and effective and can This arthritic recovery has dimmed Box of Memories,’’ and inscribed on the truly build a good society that creates the financial prospects of too many in- inside jacket is his message, ‘‘Freedom opportunity for all. dividuals who, again, have stagnant is not free.’’ Indeed, we know freedom Mr. Speaker, I also believe that we wages or who have given up hope and is not free. shouldn’t divide ourselves by class and feel directionless, isolated, and alone. Today, I rise to remember and honor income and that, in a healthy econ- We can do better, and we must do bet- Mr. Allen, to remember and honor his omy, it is one that is focused on small ter. legacy, a legacy that will live on business. This is where most new jobs Despite these challenges, I believe through the many people he has are created in our country. the start of a new Congress is an excit- touched and, most importantly, Particularly for young people, I ing time to renew our government and through individuals, children, and think we need to create a culture of this promise of our Nation. I would like

VerDate Sep 11 2014 00:49 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.006 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H440 CONGRESSIONAL RECORD — HOUSE January 21, 2015 to say this, Mr. Speaker: there is noth- MESSAGE FROM THE PRESIDENT I see the evidence of that movement ing wrong in America that can’t be A message in writing from the Presi- in the eyes of the young people, young fixed by what is right in America, but dent of the United States was commu- people that will come to Washington it is going to require bold resolve, inno- nicated to the House by Mr. Pate, one tomorrow from Benedictine College, vative public policy, and a return to of his secretaries. from Conway Springs High School, our highest ideals. from Bishop Carroll High School, from f Kapaun Mt. Carmel, and from both f WELCOMING MOST REVEREND Kansas State University and Newman RECESS RICHARD PATES University. It will encourage me to continue my efforts to protect the un- The SPEAKER pro tempore (Mr. The SPEAKER. Without objection, JOLLY). Pursuant to clause 12(a) of rule born each and every day. the gentleman from Iowa (Mr. YOUNG) While some just talk the talk, tomor- I, the Chair declares the House in re- is recognized for 1 minute. row the young people from Kansas will cess until noon today. There was no objection. walk the walk, and I look forward to Accordingly (at 10 o’clock and 40 Mr. YOUNG of Iowa. Mr. Speaker, I joining with them on this very special minutes a.m.), the House stood in re- rise today to introduce and recognize and important day to protect this very cess. my friend Bishop Richard Pates of the important right. f Des Moines Diocese. Born in St. Paul, Minnesota, and a f b 1200 huge Vikings fan, Bishop Pates at- AMERICA’S FAILING INFRASTRUCTURE AFTER RECESS tended Nazareth Hall Seminary and St. Paul Seminary in his hometown. (Mr. HIGGINS asked and was given The recess having expired, the House The bishop went on to graduate permission to address the House for 1 was called to order by the Speaker at school at the North American College minute.) noon. in Rome from the prestigious Grego- Mr. HIGGINS. Mr. Speaker, on Mon- f rian University. In 1968, Bishop Pates day a bridge collapsed in Cincinnati, was ordained at St. Peter’s Basilica in Ohio, killing one person and injuring PRAYER Rome. another. This tragedy calls to mind the Most Reverend Richard Pates, Bishop Bishop Pates’ education laid the collapse of the Schoharie Creek Bridge of the Diocese of Des Moines, Des foundation for his impressive pastoral in New York in 1987, which killed 10 Moines, Iowa, offered the following and administrative service to the people, and the collapse of the I–35 prayer: church and, I am proud to say, led West bridge in Minneapolis in 2007, Blessed are You, Lord God of all cre- Bishop Pates to Iowa in 2008, when he which left 13 dead. ation. You bless us with life. You fill was appointed by Pope Benedict XVI to I don’t know if more transportation each lengthening day with more light, be the ninth bishop for the Diocese of funding would have prevented these a generous light which shines on all Des Moines. The bishop is also chair of collapses, but I do know that every sec- people. the Iowa Catholic Conference, for ond of every day seven cars drive on a We seek Your light, O God, in our which I thank him again for his service bridge that is structurally deficient. midst this day, for each woman and to the church and to Iowa. There are 69,000 structurally deficient man of this House, each entrusted to I want to thank Bishop Pates for bridges in the Nation; there are over 99 cooperate in the making of just laws opening the House today with a prayer, structurally deficient bridges in west- which promote the flourishing of thank him for his friendship, and ask ern New York alone. These numbers human freedom. my colleagues to join me in welcoming are unacceptable. Congress is failing Let Your light break forth among Bishop Richard Pates to the people’s the American people by failing to ad- these, our public servants. Give us House. dress this issue. Last night we heard from the Presi- faith that as each new day is bright f with promise, so too is Your spirit’s dent a plan to increase funding for in- power to transform blame and bitter- ANNOUNCEMENT BY THE SPEAKER frastructure. That is a start, but I say ness into concord and unity, for the PRO TEMPORE we can and must do more. I encourage sake of the common good. The SPEAKER pro tempore (Mr. my colleagues to pass an infrastructure bill that is large enough to address the To You, therefore, generous Spirit of HULTGREN). The Chair will entertain up God, we commend our work this day, to 15 requests for 1-minute speeches on real needs of this Nation. that we might walk freely in Your each side of the aisle. f light, one people whose future is filled f RECOGNIZING THE PENNSYLVANIA with hope. STATE SHOWMEN’S ASSOCIATION Amen. MARCH FOR LIFE (Mr. THOMPSON of Pennsylvania f (Mr. POMPEO asked and was given asked and was given permission to ad- permission to address the House for 1 THE JOURNAL dress the House for 1 minute and to re- minute and to revise and extend his re- vise and extend his remarks.) The SPEAKER. The Chair has exam- marks.) Mr. THOMPSON of Pennsylvania. ined the Journal of the last day’s pro- Mr. POMPEO. Mr. Speaker, tomor- Mr. Speaker, I rise today to recognize ceedings and announces to the House row hundreds of young people from the men and women of the Pennsyl- his approval thereof. across Kansas will join thousands of vania State Showmen’s Association. Pursuant to clause 1, rule I, the Jour- Americans, young and old, on The Na- These small business owners have been nal stands approved. tional Mall for the March for Life. working together since 1967 to keep the f They are here to remind us all that, in outdoor amusement industry alive and the midst of all the important issues strong through their combined efforts PLEDGE OF ALLEGIANCE we talk about here in Washington, to remain one of the best forms of The SPEAKER. Will the gentleman D.C., every single life is a gift. American family entertainment. from Kansas (Mr. POMPEO) come for- This year is the 42nd anniversary of I am proud to have many of these in- ward and lead the House in the Pledge Roe v. Wade. Since then, over 55 mil- dividuals and families in the Pennsyl- of Allegiance. lion abortions have been performed in vania Fifth Congressional District, Mr. POMPEO led the Pledge of Alle- the United States. This stain upon our such as the Bartlebaughs, Carters, giance as follows: Nation has been allowed to continue Garbricks, and Snyders. I pledge allegiance to the Flag of the for far too long. Yet in the face of this Above and beyond providing good fun United States of America, and to the Repub- continuing tragedy, I am encouraged and family entertainment, members of lic for which it stands, one nation under God, by the fact that today the pro-life the Pennsylvania State Showmen’s As- indivisible, with liberty and justice for all. movement is stronger than ever. sociation have remained dedicated to

VerDate Sep 11 2014 01:36 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.007 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H441 giving back by supporting both youth REMEMBERING SISTER ANN face to access the care and treatment educational scholarships and FFA pro- KEEFE they deserve, a topic the House is grams. Since 2005, the Pennsylvania (Mr. CICILLINE asked and was given scheduled to have a hearing on tomor- State Showmen’s Association has permission to address the House for 1 row. Fixing the VA is difficult but not im- raised and donated over $350,000 to minute.) possible. We are here to provide solu- youth educational scholarships and Mr. CICILLLINE. Mr. Speaker, I rise tions, but we need our leader to be FFA programming through the work of today to recognize Sister Ann Keefe, ready to work with us, to be ready to more than 100 of their volunteers. who passed away on Sunday, January help us so we can finally give our vet- Mr. Speaker, the Pennsylvania State 18. erans a system that works for them, Showmen’s Association put their indi- In 1982, Sister Ann joined the min- not against them, in a timely fashion. vidual goals aside for the common istry at Saint Michael’s in Providence goals of the industry to serve the wel- and began her lifelong fight for those f fare of the community, the State, and who had no voice and those particu- THE MIDDLE CLASS DESERVES A the Nation. Their generous record re- larly vulnerable and marginalized. Rec- BREAK flects their success, and I thank them ognizing the challenges that faced our for their efforts. (Mr. ISRAEL asked and was given city and our State, Sister Ann took ac- permission to address the House for 1 f tion to help the poor, empower work- minute and to revise and extend his re- ers, advocate nonviolence, and promote marks.) WOMEN’S REPRODUCTIVE RIGHTS justice for all. Mr. ISRAEL. Mr. Speaker, the three MUST BE RESPECTED Providing 30 years of service to our most important topics in the Presi- (Ms. FUDGE asked and was given community, she cofounded the Insti- dent’s State of the Union last night permission to address the House for 1 tute for the Study and Practice of Non- were, in order of importance: middle minute.) violence, which is credited with help- class, middle class, and middle class. Now, some have called the Presi- Ms. FUDGE. Mr. Speaker, this must ing to sharply cut the city’s murder dent’s desire to strengthen the middle be Groundhog Day because this House rate. She started Providence City Arts class with a tax cut class warfare. Well, continues to revisit over and over to help at-risk youth through the arts, I have got to tell you, if you have been again a woman’s right to make deci- and she was involved in creating two in the middle class, you feel like you sions about her own health. dozen other organizations that con- have survived a war over the past Roe v. Wade has long established a tinue to create opportunity for so many. many years. woman’s constitutional right to have There was the Great Recession, an abortion prior to a fetus’ viability, I had the extraordinary honor of working with Sister Ann over many which was created by bad economic yet Republicans continue to introduce policies between 2000 and 2008. You lost legislation like H.R. 36 to ban abor- years and treasured our friendship. She was a remarkable and strong woman your home values. You lost your 401(k). tions beginning at 20 weeks, with very You watched your paychecks shrink. limited exceptions. who leaves behind a great legacy. Her passing is a tremendous loss for Rhode Now you have gone through a recov- In Congress and in several States, ery where the statistics tell you that politicians are interfering in com- Island, but her presence will continue to be felt in the community through things are going well: the economy has plicated private medical decisions that improved 12 percent; that is good news. should be left to a woman, her family, the organizations she helped found and run and the positive impact she has Corporate profits are up 46 percent; and her doctor. That is why I am proud that is good news. The stock market is to cointroduce the Women’s Health had on so many. My thoughts and prayers are with up 92 percent; that is good news. But Protection Act, a bill making it unlaw- you look at your pay stub and say: ful for States to pass restrictive legis- her family and loved ones. Rest in peace, Sister Ann. Where is my good news? I am not keep- lation that will endanger women’s ing pace with everybody else. health and safety. Women’s reproduc- f In 1992, Jim Carville famously said, tive rights must be respected. FIXING THE VA IS DIFFICULT ‘‘It’s the economy, stupid.’’ In 2015, it is my paycheck, stupid. It is para- f (Mr. LAMALFA asked and was given mount that this Congress, Democrats permission to address the House for 1 and Republicans, find ways to provide RECOGNIZING THE MARCH FOR minute.) LIFE tax cuts to provide the break that the Mr. LAMALFA. Mr. Speaker, earlier great middle class deserves and the (Mr. MARCHANT asked and was this month, the President drove right break that has eluded them for too given permission to address the House past the Phoenix VA hospital, the fa- long. for 1 minute.) cility at the center of the biggest scan- This is not class warfare, Mr. Speak- Mr. MARCHANT. Mr. Speaker, to- dal plaguing our Nation’s veterans, er. This is growing the great and strong morrow marks the 42-year anniversary without taking a second to stop. middle class of this country. since the Supreme Court decided Roe v. Last night in his hour-long speech, f Wade. Since then, millions of innocent the President hardly skimmed the sur- lives have been lost. face in addressing the major challenges b 1215 This is also a time to renew hope, as our veterans are facing, but he did HONORING LEGACY OF BAYARD Americans continue to advocate for the mention we need to do more to provide WINSLOW ‘‘CHIP’’ KENNETT II respect of all human life. Tomorrow, our veterans more job opportunities. (Mr. GUINTA asked and was given upwards of a quarter of a million peo- We agree. In fact, on this same floor permission to address the House for 1 ple from across the Nation and many just a few weeks ago, Members of the minute and to revise and extend his re- from my district will march from The House passed legislation that would do marks.) National Mall to the Supreme Court. just that: encourage our employers to Mr. GUINTA. Mr. Speaker, I rise In Congress, we are working to help hire more of our heroes. today to celebrate the life and legacy their efforts. I am cosponsoring H.R. Astonishingly, though, our President of Chip Kennett from Conway, New 36, the Pain-Capable Unborn Child Pro- failed to even mention one word about Hampshire, who passed away this tection Act. This legislation would the excessive wait times, second-rate weekend at the age of 34 after a heroic limit abortion after the age at which care, fraudulent records, destroyed 2-year battle with lung cancer. evidence shows an unborn child can ex- files, and complete incompetence that Chip was a dedicated public servant perience pain. had been brought to light last year in on Capitol Hill, devoted friend, father, We must continue to stand for legis- the VA. husband, and inspiration to us all. lation that defends the right to life, He made no mention on the appeals Upon his diagnosis, Chip used his Cap- without which all other rights are im- process or recommendations to im- itol Hill experience to advocate on be- possible. prove the lengthy process our veterans half of lung cancer research, testifying

VerDate Sep 11 2014 01:36 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.009 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H442 CONGRESSIONAL RECORD — HOUSE January 21, 2015 before a Senate Aging Committee hear- the Nazis. He participated in the North 150th birthday of Yakima County, a ing in 2014 to increase the awareness of Africa invasion, as well as campaigns county at the heart of my congres- the disease. He worked to erase the in Tunisia, southern Italy, and south- sional district and the county where I stigma associated with lung cancer ern France. Fortunately, he returned was born and am proud to call my and, in doing so, left a legacy that will home after 31⁄2 years overseas suffering home. The Washington Territorial Leg- continue touching countless lives. only minor injuries. islature created Yakima County in To those who mourn with us today, Once home, he pursued the American 1865, nearly 25 years before Washington we rest easier knowing that we could Dream. Mr. Trammell successfully op- itself became a State. not help but profit from his friendship, erated three businesses, one of which is I am a third-generation Yakima his optimism, and his sense of humor. still in operation today and operated County farmer. My family and I con- He loved life completely and lived it by his oldest son, Steve. tinue to operate a 600-acre farm near for others. We are all immeasurably Mr. Trammell, along with his wife, the city of Sunnyside. Even before the better for having known him. Thelma, worked on the Eisenhower creation of Yakima County, the agri- My thoughts and prayers go out to campaign. To this day, he represents cultural industry recognized the vast his family and loved ones during this the highest quality of individual that environmental benefits of the region. difficult time, especially his wife, Shei- we expect as Americans. He has served Today, agriculture remains the life- la; their two children, Joe Kennett and his community and country with blood of Yakima County’s economy, Crosby Reynolds; as well as his par- honor, dignity, and love. Today I would and I am pleased to represent those in- ents, Bayard and Theresa Kennett. like to wish Mr. Trammell a happy 95th terests before the House Committee on f birthday. Agriculture. Mr. Speaker, I encourage the House, Today marks Yakima County’s ses- OPPOSING ATTACK ON WOMEN’S as well as all Americans, to strive to quicentennial. Happy 150th birthday. It REPRODUCTIVE CHOICE live life as this exceptional man has is an honor to represent you in Con- (Ms. ADAMS asked and was given and to dedicate their lives to some- gress. permission to address the House for 1 thing greater than themselves. f minute and to revise and extend her re- f marks.) FREE TRADE DEALS DISPROPOR- Ms. ADAMS. Mr. Speaker, I rise WORKING TOGETHER ON BEHALF TIONATELY HURT COMMUNITIES today against H.R. 36, a bold attack on OF AMERICAN PEOPLE OF COLOR reproductive freedom. While in the (Ms. KELLY of Illinois asked and was (Ms. LEE asked and was given per- North Carolina House, I fought tire- given permission to address the House mission to address the House for 1 lessly for women’s reproductive choice. for 1 minute and to revise and extend minute and to revise and extend her re- As the 100th woman in Congress, I will her remarks.) marks.) do the same in the U.S. House. The Ms. KELLY of Illinois. Mr. Speaker, Ms. LEE. Mr. Speaker, when jobs are fight begins with speaking against this last night President Obama called on shipped overseas because of bad trade unconscionable bill. Congress to work together on behalf of deals, communities of color bear the Mr. FRANKS, women’s health deci- the American people. It is a call I hear huge brunt of the loss of those jobs. Of sions are personal. They should be be- from my constituents in Illinois every the 2.7 million jobs lost to China as a tween a woman, her family, and her day. So as we begin the 114th Congress, result of past trade deals, nearly 1 mil- doctor—not the North Carolina House I rise on their behalf to urge my col- lion of those jobs lost belong to people and not the U.S. House. leagues to rise above partisanship, to of color—one million jobs. H.R. 36 would add barriers for women strengthen our economy and put even Even after they lost their jobs, bad who often face complicated, heart- more Americans back to work. trade deals continued to harm them. breaking circumstances. I join other Today, all signs point to our econ- When they found another job, it was on women who adamantly oppose this bill, omy being the strongest it has been in average for a nearly 30 percent lower including many of my Republican col- nearly a decade. Businesses are flour- wage. Trade deals like the Trans-Pa- leagues. ishing. We have gained nearly 3 million cific Partnership, which is being nego- Today, I stand with Senators, Rep- new jobs. But there are still 8.7 million tiated in secret, wreak havoc on com- resentatives, and NARAL activists in Americans living in the shadow of the munities of color. We cannot allow delivering 150,000 American signatures economic crisis who are struggling more bad trade deals to be enacted, es- opposing this bill. I respectfully urge with chronic unemployment. They de- pecially when unemployment rates and my colleagues not to support this legis- serve a Congress that is focused and poverty rates in these communities are lation. united in putting them back to work. much too high already. A woman cannot call herself free who Let’s work to reduce the tax burden Congress must consider the con- does not own or control her own body. on the middle class, putting more sequences of these trade deals on com- f money in their pockets and making it munities of color and all workers in easier for them to afford their homes our country given the terrible impacts HAPPY BIRTHDAY WILLIAM and to send their kids to school so that of past trade deals. We must demand TRAMMELL the American Dream is within every- transparency, ensure that environ- (Mr. DUNCAN of South Carolina one’s reach. Americans want a Con- mental and labor standards and food asked and was given permission to ad- gress that can overcome partisan grid- safety standards are protected, and in- dress the House for 1 minute and to re- lock to put the people first. sist that Congress exercise its constitu- vise and extend his remarks.) I urge my colleagues to put politics tional responsibility in ensuring fair Mr. DUNCAN of South Carolina. Mr. aside, to find a middle ground to help and free trade. TPP is certainly not Speaker, I rise today to recognize and our middle class and put more Ameri- fair and must be defeated. honor an American hero, Mr. William cans on the path to opportunity and f Trammell, born January 28, 1920. A prosperity. NO MORE ONE-SIZE-FITS-ALL lifelong resident of Anderson County, f he graduated from Clemson University FEDERAL DICTATES in 1941 in the exceptional class of grad- YAKIMA COUNTY CELEBRATES (Ms. FOXX asked and was given per- uates known as the ‘‘wartime class,’’ 150TH ANNIVERSARY mission to address the House for 1 where 57 of his classmates lost their (Mr. NEWHOUSE asked and was minute.) lives in World War II. They composed given permission to address the House Ms. FOXX. Mr. Speaker, the Amer- the backbone of what we understand for 1 minute and to revise and extend ican people spoke loud and clear in No- today as the Greatest Generation. his remarks.) vember, but it is evident from last Captain Trammell joined the 1st En- Mr. NEWHOUSE. Mr. Speaker, as the night’s State of the Union that Presi- gineer Amphibian Brigade during the newly elected Congressman from cen- dent Obama wasn’t listening. Despite a war, and he was sent to Europe to fight tral Washington, I rise to mark the rejection of his policies at the ballot

VerDate Sep 11 2014 01:36 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.011 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H443 box, the President continues to propose ketball games. Carol was also the den ELECTING MEMBERS TO CERTAIN outdated, Washington-centered ideas mother for her sons’ Cub Scouts troop STANDING COMMITTEES OF THE that simply don’t work. and was said to treat all like her own HOUSE OF REPRESENTATIVES The American people want Wash- children. Ms. FOXX. Mr. Speaker, by direction ington to stop interfering in their Carol had a successful 20-year career of the Republican Conference, I offer a lives, and they don’t need more one- as a contractor for the Federal Govern- privileged resolution and ask for its size-fits-all Federal dictates. Repub- ment. She studied computer program- immediate consideration. licans have a vision for the future, but ming at Drexel University, where she The Clerk read the resolution, as fol- President Obama appears to be mired graduated with honors, and she re- lows: in the past. cently received the Employee of the H. RES. 39 Last night, the President expressed a Year honor. It is clear she was as dili- Resolved, That the following named Mem- willingness to work with Republicans, gent in her work as she was in raising bers be, and are hereby, elected to the fol- and I hope that gesture is sincere. In her children. lowing standing committees of the House of the past, working together too often Carol will be remembered as a Representatives: meant agreeing with whatever the woman of strong faith with a gentle de- COMMITTEE ON APPROPRIATIONS: Mr. President said. It is time for President meanor and warm heart. At her funeral Nunnelee to rank immediately after Mr. Obama to live up to his rhetoric. House her mother said: ‘‘In life we all have a Womack. Republicans are eager to work together dark tunnel to go through. Stay on COMMITTEE ON THE BUDGET: Mr. Garrett; Mr. Diaz-Balart; Mr. Cole; Mr. McClintock; to increase opportunities for all Ameri- track, and you will see the light at the Mrs. Black; Mr. Rokita; Mr. Woodall; Mrs. cans and empower people, not Wash- end of the tunnel.’’ Her mother be- Blackburn; Mrs. Hartzler; Mr. Rice of South ington. lieved that Carol had found that light. Carolina; Mr. Stutzman; Mr. Sanford; Mr. f Carol leaves behind sons Anthony, Schock; Mr. Womack; Mr. Brat; Mr. Blum; who served in the Marines for 13 years, Mr. Mooney of West Virginia; Mr. Grothman; A WOMAN’S CONSTITUTIONAL and Marcus, who works for a Christian Mr. Palmer; Mr. Moolenaar; and Mr. RIGHT TO CHOOSE nonprofit here in Washington, D.C. Westerman. (Ms. TITUS asked and was given per- Our thoughts and prayers go out to Ms. FOXX (during the reading). Mr. mission to address the House for 1 Carol’s family, friends, and to all those Speaker, I ask unanimous consent that minute.) whose lives were touched by this amaz- the resolution be considered as read Ms. TITUS. Mr. Speaker, I rise today ing woman. and printed in the RECORD. in opposition to H.R. 36. This bill is a The SPEAKER pro tempore. Is there direct challenge to the Supreme f objection to the request of the gentle- Court’s ruling 42 years ago in Roe v. WORKING TOGETHER woman from North Carolina? Wade. It is a dangerous attack on a There was no objection. woman’s constitutional right to (Mr. COSTELLO of Pennsylvania The resolution was agreed to. choose. asked and was given permission to ad- A motion to reconsider was laid on The bill does not include an excep- dress the House for 1 minute.) the table. Mr. COSTELLO of Pennsylvania. Mr. tion for the physical or emotional f health of a woman. It fails to provide Speaker, it was an honor to attend the sufficient protections for victims of State of the Union Address last night PROVIDING FOR CONSIDERATION rape and incest, and it has only a very for the first time, representing the OF H.R. 161, NATURAL GAS PIPE- narrow exception when a woman’s life Sixth Congressional District of Penn- LINE PERMITTING REFORM ACT, is in danger. sylvania. AND PROVIDING FOR CONSIDER- In short, the bill significantly re- After listening to the President’s ATION OF H.R. 36, PAIN-CAPABLE duces the safe, legal options that speech, I hope that he will find com- UNBORN CHILD PROTECTION ACT women have and prevents doctors from mon ground and work with Congress on Ms. FOXX. Mr. Speaker, by direction providing the most medically appro- a number of complex issues facing our of the Committee on Rules, I call up priate care for their patients. Nation, including enacting job-creating House Resolution 38 and ask for its im- Republicans have repeatedly dem- policies for hardworking families, fix- mediate consideration. onstrated a disregard for women’s ing our broken health care system, and The Clerk read the resolution, as fol- health care, and this bill is just one reining in our out-of-control debt, and lows: more example of their continuing at- that is just to name a few. H. RES. 38 tack on women’s rights. It is a step But unfortunately, there were a num- Resolved, That upon adoption of this reso- backward for women’s health and, ber of veto threats and proposals which lution it shall be in order to consider in the quite simply, a distraction from the amount to more government overreach House the bill (H.R. 161) to provide for the important work that we should be un- into the lives of hardworking tax- timely consideration of all licenses, permits, dertaking. I urge my colleagues to op- payers. and approvals required under Federal law pose it. Americans are looking for Congress with respect to the siting, construction, ex- and the President to work together, pansion, or operation of any natural gas f pipeline projects. All points of order against not for the President to take a go-it- consideration of the bill are waived. The bill PAYING TRIBUTE TO MEMORY OF alone approach and repeatedly threat- CAROL I. GLOVER shall be considered as read. All points of en use of veto power. We are not look- order against provisions in the bill are (Mr. BEYER asked and was given ing to grow our Federal government waived. The previous question shall be con- permission to address the House for 1 any further. sidered as ordered on the bill and on any minute.) That said, I agree specifically with amendment thereto to final passage without Mr. BEYER. Mr. Speaker, I rise the President’s desire for improving cy- intervening motion except: (1) one hour of today to pay tribute to an extraor- bersecurity legislation and creating debate equally divided and controlled by the chair and ranking minority member of the dinary woman and admired con- more economic opportunity for our Na- Committee on Energy and Commerce; and (2) stituent, Carol Glover, who passed tion’s veterans. I disagree with his ap- one motion to recommit. away on Monday, January 12, as a re- proach on other matters discussed, spe- SEC. 2. Upon adoption of this resolution it sult of the tragic incident aboard cifically, certain tax reform measures shall be in order to consider in the House the Metro train 302. that will ultimately amount to a trick- bill (H.R. 36) to amend title 18, United States Carol was a devoted mother who le-down tax increase on middle class Code, to protect pain-capable unborn chil- raised her two sons in Alexandria, Vir- Americans. dren, and for other purposes. All points of ginia. Many of her friends and family I am confident we can find some com- order against consideration of the bill are waived. The bill shall be considered as read. describe her as ‘‘the ultimate sports mon ground and adequately fund our All points of order against provisions in the mom cheerleader’’ because she could Nation’s transportation and infrastruc- bill are waived. The previous question shall often be found cheering on the sidelines ture needs, and I look forward to doing be considered as ordered on the bill and on of her sons’ football, soccer, and bas- that. any amendment thereto to final passage

VerDate Sep 11 2014 01:36 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.012 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H444 CONGRESSIONAL RECORD — HOUSE January 21, 2015 without intervening motion except: (1) one This vital, lifesaving legislation is say that they wanted to make this hour of debate equally divided and controlled not the only important legislation the Congress into a place where we could by the chair and ranking minority member House will consider this week. This work together, but actions speak loud- of the Committee on the Judiciary or their rule also provides for consideration of er than words, and here are some of respective designees; and (2) one motion to recommit. H.R. 161, the Natural Gas Pipeline Per- their actions: five closed rules. mitting Reform Act. Until yesterday, 100 percent of our The SPEAKER pro tempore. The gen- The Natural Gas Pipeline Permitting Rules Committee meetings have been tlewoman from North Carolina is rec- Reform Act recognizes the positive im- called so-called emergency meetings, ognized for 1 hour. pact America’s shale revolution has and 100 percent of the bills the com- b 1230 had on energy prices and the potential mittee has sent to the floor have drawn Ms. FOXX. Mr. Speaker, for the pur- it holds to lower them further. We are a veto threat, and once again, the Re- pose of debate only, I yield the cus- in the midst of another hard winter, publicans are using one rule for mul- tomary 30 minutes to the gentleman and red tape reduction is necessary to tiple bills. This is a disturbing pattern ensure we have the infrastructure from Massachusetts (Mr. MCGOVERN), that is quickly becoming a bad habit. pending which I yield myself such time needed to ensure low-cost natural gas The Republican leadership appar- as I may consume. During consider- is able to reach our coldest States ently isn’t content to exclude Demo- ation of this resolution, all time yield- when they need it most without price crats from offering substantive, ger- ed is for the purpose of debate only. shocks or shortages. mane, and thoughtful amendments. H.R. 161 introduces critical reform to GENERAL LEAVE They are also shutting down the debate ensure prompt consideration of nec- itself. Ms. FOXX. Mr. Speaker, I ask unani- essary permitting requests for con- mous consent that all Members may Mr. Speaker, this Congress is only a struction or updates to natural gas few weeks old. We have 23 months left have 5 legislative days to revise and ex- pipelines, providing certainty to en- tend their remarks. to go. Are the Republicans really say- ergy companies and the consumers ing that we can’t find an extra hour for The SPEAKER pro tempore. Is there they serve. objection to the request of the gentle- debate during the next 23 months? Of The legislation would require the course we can. They just prefer not to. woman from North Carolina? Federal Energy Regulatory Commis- There was no objection. It is unfair, it is undemocratic, it is un- sion to approve or deny a requested necessary, and it needs to stop. Ms. FOXX. Mr. Speaker, I yield my- pipeline certificate no later than 12 self such time as I may consume. Now, as to the bill that is before us months after receiving a complete ap- today, last night, as we all know, House Resolution 38 provides for a plication that is ready to be processed closed rule providing for consideration President Obama laid out a bold, clear, and has engaged in the prefiling proc- and exciting agenda to spur economic of H.R. 36, the Pain-Capable Unborn ess. Child Protection Act, and a closed rule growth and ensure that prosperity is H.R. 161 also ensures that relevant shared by all Americans, not just the for consideration of H.R. 161, the Nat- agencies provide approval or denial ural Gas Pipeline Permitting Reform wealthy few and special interests. I within 90 days of the Federal Energy thought it was a terrific speech. Act. Regulatory Commission completing its Apparently, my Republican friends The rule before us today, Mr. Speak- final environmental document. weren’t paying very close attention. I er, provides for consideration of H.R. Finally, the legislation would put know they were there in this Chamber 36, the Pain-Capable Unborn Child Pro- permits into effect, notwithstanding because I saw many of them. The tection Act. It is truly fitting that the agencies’ failures to provide approval Speaker himself was sitting right be- House considers this legislation in the within the time mandated, with allow- hind the President. Maybe they were shadow of the 42nd anniversary of the ances for the addition of conditions sending each other cat videos or taking Roe v. Wade and Doe v. Bolton deci- consistent with the final environ- selfies because the President made it sions that gave Americans abortion on mental document. demand at any stage of pregnancy. H.R. 161 is the reintroduction of H.R. very clear that if Congress sends him This legislation is a commonsense 1900, which passed this House on a bi- bills that move us backward, he will step in recognizing the truth that partisan basis in the 113th Congress. veto them, and both of these bills de- science has made more clear with the H.R. 1900 received extensive committee serve his veto. passage of time: the unborn child in consideration, including numerous The first, H.R. 161, is a solution in the womb is alive and a functioning hearings on the underlying issues, search of a problem. It is as simple as member of the human family. prompting the legislation, as well as that. The bill would automatically ap- Science has shown us that the most the subcommittee hearing and sub- prove natural gas pipeline projects if fundamental precursors to an unborn committee and full committee mark- FERC or other Federal agencies do not child feeling pain are already in place ups on the bill. act on required permits or certificates by 8 weeks in development. Necessary Both H.R. 36 and H.R. 161 are truly within a rigid, unworkable timeframe. connections between the brain and spi- important legislation that Americans A GAO report concluded that FERC’s nal cord are in place and complete by would be well-served to have consid- pipeline permitting process is predict- 18 weeks. ered this week, and I commend both able and consistent, with 91 percent of The House Judiciary Committee my bills to my colleagues as deserving pipeline applications receiving a deci- heard testimony by expert physicians of their support. sion within 12 months. During com- that the earlier premature babies are With that, Mr. Speaker, I reserve the mittee testimony last Congress, even delivered, the more acutely they feel balance of my time. industry representatives agreed that pain. It is clear that unborn children at Mr. MCGOVERN. Mr. Speaker, I want the current permitting process is ‘‘gen- 20 weeks of development are capable of to thank the gentlewoman from North erally very good.’’ It is not every day feeling pain and deserving of protec- Carolina for yielding me the customary that regulators and industry agree that tion. 30 minutes, and I yield myself such the current system works. In spite of the 60 percent of Ameri- time as I may consume. So why would we move forward on a cans who believe we should limit abor- Mr. Speaker, while I have great re- bill that disrupts a system that works tions after 20 weeks of pregnancy, my spect for the gentlewoman from North is beyond me. In fact, this bill makes it colleagues on the other side of the aisle Carolina, I don’t have a lot of respect more likely that FERC will deny more will continue to protest this sensible for this process. I would like to begin projects just to comply with the severe legislation, seeking to keep us in the today by saying a word or two about timeline. company of only seven other nations the process being used by the Repub- In Massachusetts, we are dealing that allow elective abortion after 20 licans here on the floor—actually, with the proposed Tennessee Gas pipe- weeks, which includes such well-known three words: ‘‘It stinks. Again.’’ line which would run through parts of human rights leaders as North Korea, We are all very happy—delighted my district and would cut through a China, and Vietnam. even—to hear our Republican friends number of environmentally sensitive

VerDate Sep 11 2014 01:36 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.009 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H445 lands, including Northfield State For- Ms. FOXX. Mr. Speaker, I yield my- b 1245 est and the Montague aquifer and man- self such time as I may consume. Dr. Colleen Malloy, assistant pro- agement area. I need to remind this House that dur- fessor, Division of Neonatology at Yesterday, in the Rules Committee, I ing the Democrats’ time in the major- Northwestern University, in her testi- offered an amendment with my good ity, there were two rules packages pro- mony before the House Judiciary Com- friend Congresswoman NIKI TSONGAS, viding consideration of seven unrelated mittee, said: whose district would also be affected measures. by the proposed pipeline, to keep the When we speak of infants at 20 weeks In the 110th Congress, their first year postfertilization, we no longer have to rely existing review process in place for in the majority, the rules package pro- on inferences or ultrasound technology, be- proposed pipelines that cross Federal, vided for consideration of five meas- cause such premature patients are kicking, State, or local conservation or recre- ures. moving, reacting, and developing right be- ation lands because, if we have already In the 111th Congress, the Democrat fore our eyes in the neonatal intensive care invested Federal and State money into majority provided for the consideration unit. identifying these lands as environ- of two separate measures in the rules In other words, there are children the mentally sensitive, it doesn’t make package. same age who, in utero, can be killed any sense to expedite the approval of a The Democrat majority went directly by abortion—and painfully—or who pipeline that could bulldoze right to the floor with these bills, with no have been born and who are now being through them. given lifesaving assistance. She went It is worth a debate. Unfortunately, committee consideration and without even allowing the Rules Committee to on to say: Republicans on the Rules Committee In today’s medical arena, we resuscitate voted down this commonsense amend- debate these measures or report an ap- propriate rule for consideration. patients at this age and are able to witness ment in a party-line vote. their ex-utero growth. As the gentlewoman from North In the 110th Congress, Ranking Mem- Dr. Malloy concludes: Carolina pointed out, both of these ber SLAUGHTER and Democrats on the rules are completely closed. Even Rules Committee reported three addi- I could never imagine subjecting my tiny patients to horrific procedures such as those though they did not go through regular tional closed rules, starting the Con- gress out with eight closed rules in the that involve limb detachment or cardiac in- order, even though there were no hear- jection. ings in this Congress or no markup, no- opening weeks. Again, that is what the abortionists body—no Democrat, no Republican— In the 111th Congress, Democrats re- do. can offer an amendment. ported out two additional closed rules, Surgeons today, Mr. Speaker, are en- Then there is H.R. 36. This is just the for a total of four closed rules in the tering the womb to perform life-en- latest Republican assault on women’s opening weeks of that Congress. hancing and lifesaving corrective sur- reproductive rights. It is their latest Unlike our Democrat colleagues, the geries on unborn children. They have attempt to put politicians in the mid- Speaker and Chairman SESSIONS had seen those babies flinch, jerk around, dle of the private medical decisions of provided the opportunity to have hear- move around, and recoil from sharp ob- women. It is blatantly unconstitu- ings before the Rules Committee. jects and incisions. As they seek to tional, and it fails to take into consid- It is our goal to return to regular eration the fact that some pregnancies heal, surgeons are today routinely ad- order now that our committees are or- ministering anesthesia to unborn chil- can have catastrophic, heartbreaking ganizing, but the false attacks by my complications, even after 20 weeks. dren in the womb—a best medical prac- colleagues do not stand up to the light tice—to protect them from pain. We To make matters worse, this legisla- of day when you compare our records. tion lacks a reasonable exception for now know that the child ought to be Mr. Speaker, I yield 4 minutes to the victims of rape and incest by requiring treated as a patient and that there are gentleman from New Jersey (Mr. victims to report cases of rape and in- many anomalies, sicknesses, and dis- SMITH), one of the preeminent defend- cest to law enforcement in order to abilities that could be treated with a ers of life in this Congress. have access to an abortion, this despite degree of success while the child is still the fact that research shows that the Mr. SMITH of New Jersey. Mr. in utero. The child ought to be seen as majority of sexual assaults are unre- Speaker, I thank my very good friend a patient. When those interventions ported, and on top of that, the excep- for yielding and thank her for her are performed, again, anesthesia is tion on incest is only for minors. strong leadership for human rights and given. Mr. Speaker, what really bothers me for the unborn. Last June, TIME Magazine’s cover about bills like this is that the same Mr. Speaker, pain—we all dread it, story, ‘‘Saving Preemies,’’ explored the people who vote for them routinely we avoid it, we even fear it, and we all preemie revolution and how cutting- vote to cut the WIC program, to cut go to extraordinary lengths to mitigate edge medicine and dedicated caregivers Head Start and childcare programs and its severity and its duration; yet an en- are helping the tiniest babies to sur- SNAP and school lunch programs, and tire age group of human beings are, vive and thrive. TIME says: elementary and secondary education today, subjected to a deadly, extraor- Thanks to advances that had not been funding. This hypocrisy is breath- dinarily painful procedure, one of made even a few years ago, the odds of sur- taking. which is called the dismemberment viving and thriving are improving all the Mr. Speaker, leading medical groups method, the D&E. time. agree that doctors, in consultation The Pain-Capable Unborn Child Pro- Abortionists, on the other hand, Mr. with women and their families, should tection Act is a modest but necessary Speaker, are in the business of ensur- make medical decisions, not the politi- attempt to at least protect babies who ing that children neither survive nor cians. are 20 weeks old and pain capable from thrive. Children, including children Mr. Speaker, the American people de- having to suffer and die from abortion. with disabilities, deserve better treat- serve better. They deserve a better Children, including children with dis- ment than pain-filled dismemberment. process, and they deserve better legis- abilities, Mr. Speaker, deserve better Mr. MCGOVERN. Mr. Speaker, before lation. We certainly have a lot to do to treatment than pain-filled dismember- I yield to the ranking member of the help get this country to continue on ment. Rules Committee, I yield myself such the road to prosperity, to make sure One leading expert in the field of time as I may consume as I want to re- that everybody can share in this econo- fetal pain, Dr. Anand, at the University spond to this issue about process. my’s growth. of Tennessee, stated in his expert re- When Speaker BOEHNER became the I urge my colleagues: let’s focus on port, commissioned by the U.S. Depart- Speaker of this House, in his opening those issues, let’s come together and do ment of Justice: speech, one of the things he said was: something for the American people, The human fetus possesses the ability to You will always have the right to a robust and enough of these message bills. experience pain from 20 weeks of gestation, debate and an open process that allows you I urge my colleagues to vote ‘‘no’’ on if not earlier, and the pain perceived by a to represent your constituents—to make this rule, and I reserve the balance of fetus is possibly more intense than that per- your case, to offer alternatives, and to be my time. ceived by term newborns or older children. heard.

VerDate Sep 11 2014 01:36 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.016 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H446 CONGRESSIONAL RECORD — HOUSE January 21, 2015 Clearly, we have not been granted The apathy about trade is bipartisan. Only just law instead of about how to protect the that in any way, shape, or form. 22% of Republicans and 21% of Democrats health and safety of their patients. While the gentlewoman may point to said it was a top priority. Politicians are not medical experts. H.R. 36 disregards the health issues and real life sit- the sins of the past of Democratic ma- Simplifying the tax code is also an issue that’s not a top-five policy priority for most uations that women can face in pregnancy. jorities, nothing compares to what the Americans, but is treated like a motherhood Every woman faces her own unique cir- Republicans did in the last Congress. issue by politicians of both parties. Just over cumstances, challenges, and potential com- The Republicans presided over the half polled said it was an urgent priority— plications. She needs to be able to make de- most closed Congress in the history of less than the percentage who wanted to cisions based on her physician’s medical ad- the United States of America. make ‘‘efforts to address Iran’s nuclear pro- vice and what is right for her and her family. I mean, you made history, and that is gram’’ a top agenda item. H.R. 36 would force a doctor to deny an abortion to a woman who has determined not something to be proud of. Even some of the issues Washington law- makers are fighting over are matters of only that terminating a pregnancy is the right de- When my friends talk about openness cision for her, including women carrying a and transparency and about the desire marginal concern to many people. Repub- licans have acted quickly on a bill to finish pregnancy with severe and lethal anomalies to allow this to be a deliberative place construction of the Keystone XL pipeline, that may not be diagnosed until after 20 where people of varying viewpoints can and Mr. Obama threw down his first veto weeks in pregnancy and women with serious have a forum to debate, it is not reflec- threat over it. But nearly four in ten people medical conditions brought on or exacer- tive of reality. We are beginning this polled said they didn’t know enough about bated by pregnancy. H.R. 36 contains no ex- Congress just as my colleagues con- the issue to have an opinion. ception to preserve the health of the woman. The survey of policy priorities underscored Instead, it includes a vague life ducted the last Congress—in the most endangerment exception which exposes doc- closed way possible. I regret that very another trend that doesn’t bode well for bi- partisan cooperation: On all but a handful of tors to the threat of criminal prosecution, much, especially on bills that have not issues, such as job creation and infrastruc- limiting their options for care that is often even been through the committee hear- ture repair, the poll found big disparities in needed in complex, urgent medical situa- ing process in this Congress or that the interests of the two parties. So, while tions. Moreover, H.R. 36 would dictate how physi- have not been marked up. 67% of Democrats identified income inequal- cians should care for their patients based on At this time, I yield 3 minutes to the ity as an urgent priority, only 19% of Repub- inaccurate and unscientific claims. Conclu- licans did. U.S. border security was a top pri- gentlewoman from New York (Ms. sive research shows that contrary to the SLAUGHTER), the ranking member of ority for 79% of Republicans but only 43% of sponsors’ claims, the fetus doesn’t have the the Rules Committee. Democrats. neurological structures needed to experience Ms. SLAUGHTER. I want to thank It’s not surprising, then, that the poll pain until significantly later in pregnancy. found people were down on the idea of having my colleague for his great work and for We strongly oppose governmental inter- divided government. Mr. Obama and Repub- ference in the patient-provider relationship yielding to me. licans in Congress may agree on the need to Mr. Speaker, today, The Wall Street and criminalizing provision of care to women ‘‘get things done.’’ The problem is there isn’t and their families. H.R. 36 jeopardizes the Journal polled the American public and a lot of agreement on what ‘‘things’’ should health of women in the U.S. by limiting ac- found that these are their top three get priority. cess to safe and legal abortion and replaces priorities: creating jobs, defeating Ms. SLAUGHTER. Mr. Speaker, why personal decision-making by women and ISIS, and reducing the Federal budget am I bringing that up? The offense, to their doctors with political ideology. Our or- deficit. me, is that there are so many people in ganizations urge you to oppose passage of Mr. Speaker, I insert that piece from Congress who always want to bring up H.R. 36. The Wall Street Journal into the Sincerely, this issue of eating away at Roe v. American College of Nurse-Midwives, RECORD. Wade. They don’t have the nerve, I American Congress of Obstetricians and [From The Wall Street Journal] think, really, to try to take that away. Gynecologists, POLL FINDS AGENDA GAP BETWEEN LEADERS, Roe v. Wade gave women a choice, American Medical Students Association, AMERICAN PEOPLE American Medical Women’s Association, and I believe that, if you don’t want to American Nurses Association, (By Janet Hook) have that choice yourself, don’t use it; American Society for Reproductive Medi- Republicans are trying to burnish their but what right do people who do not cine, party’s image—and Congress’—by promising agree with choice have to make it the Association of Reproductive Health Profes- to ‘‘get things done’’ now that the GOP con- law of the land—to require everybody sionals, trols both the House and Senate. But a new Medical Students for Choice, to live under what they believe is true? National Abortion Federation, Wall Street Journal/NBC News poll shows Now, there is not a scintilla of sci- that the public doesn’t care much about National Association of Nurse Practi- some of the first things the GOP, or Presi- entific evidence that at 20 weeks pain tioners in Women’s Health, National Family Planning and Reproduc- dent Barack Obama, is trying to do. is felt. The neural connections are not The poll conducted from Jan. 14–17 found there to have that happen. tive Health Association, Physicians for Reproductive Health, that two of the major issues congressional Mr. Speaker, I also want to insert Planned Parenthood Federation of Amer- Republicans and the White House have iden- into the RECORD what scientists—the ica, tified as candidates for bipartisan action— executive vice president and others— Society for Maternal-Fetal Medicine, trade and simplification of the tax code— have said from the American College of Society of Family Planning. didn’t even make the top five issues that Obstetricians and Gynecologists in Ms. SLAUGHTER. Mr. Speaker, as a people feel need to be addressed urgently. The poll tried to identify the issues that that this is not possible. scientist, I have learned that this Con- are most important to Americans by asking JANUARY 21, 2015. gress does not take scientific facts as which issues they considered an ‘‘absolute DEAR MEMBER OF THE HOUSE OF REP- facts but that it views them as, maybe, priority’’ for Congress and the president to RESENTATIVES, We, the undersigned medical suggestions. Yet how often it is that we act on this year, as opposed to issues that and public health organizations, stand in are playing with people’s lives. It is the they think could be delayed. strong opposition to H.R. 36, the so-called most personal decision one could ever The list was topped by enduring concerns: ‘‘Pain-Capable Unborn Child Protection make, and it should be made between job creation, fighting Islamic militants in Act,’’ sponsored by Representative Trent the woman, her family, or whomever Franks (R–AZ) and Representative Marsha Iraq and Syria, reducing the federal deficit she wants to consult—her doctor, her and securing the U.S. border. Blackburn (R–TN). Politicians are not doc- But people are virtually yawning at the tors and should not interfere in personal, priest, her pastor—anybody—but not prospect of expanding U.S. trade, a priority medical decisions. the Congress of the United States. for an administration trying to finalize a If enacted, H.R. 36 would ban most abor- Why do men in blue suits and red ties new free-trade agreement with Asian and Pa- tions in the United States at 20 weeks after get to make that decision when it has cific Rim countries. Only 20% said that was fertilization, clearly before viability. The nothing to do with scientific or med- an urgent priority for this year, 59% said it bill threatens providers with fines and/or im- ical facts? It is absolutely astonishing could be delayed until next year and 16% prisonment for providing professional and to me that this continues over and over said it shouldn’t be pursued at all. compassionate care, and is intended to in- again; and in the States that have ‘‘It’s a reminder that this is for the most timidate and discourage doctors from pro- part a very distant economic issue and it’s viding abortion care. This bill places health passed 20-week abortion bills, the bills not one that people focus on,’’ said Bill care providers in an untenable situation— have always been overturned with re- McInturff, a Republican pollster who con- when they are facing a complex, urgent med- gard to the constitutional question, ducted the poll with Democrat Fred Yang. ical situation, they must think about an un- and this will be as well.

VerDate Sep 11 2014 02:54 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.021 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H447 Time and time again, when asked the House floor in the 113th Congress. Mr. MCGOVERN. Mr. Speaker, I yield about it, neurobiology specialists, ob- Under Speaker PELOSI, the House did myself such time as I may consume. stetricians, and gynecologists the not consider a single bill under an open Let me just say for the record that world over have refuted the scientific rule throughout the 111th Congress. facts are facts are facts. There is no de- and factual premises of this bill, but That is the definition of a closed proc- nying that the last Republican Con- nobody cares about that here. I saw a ess, Mr. Speaker, and it is precisely gress held the record for the most great button that called the people what Speaker BOEHNER successfully closed rules in the history of the here who are trying to do this today changed to start the 112th Congress and United States. ‘‘gyneticians.’’ A ‘‘gynetician’’ is de- to continue throughout the 113th Con- Maybe I am misunderstanding the scribed as a politician who knows more gress. Under the current GOP majority, current rule, but to the best of my about women’s health than doctors do. the House has considered 38 open or knowledge, not a single amendment is We can go on with this, but what we modified open rules. allowed, notwithstanding that in this need to remember is that, last night, When you compare the record of the Congress there have been no hearings half of the President’s speech dealt Republican majority and the most re- and no markups. with people who are underpaid and who cent Democrat majority, any fair anal- Is it appropriate, Mr. Speaker, for me struggle to live in America. ysis will show that Republicans are to ask unanimous consent to amend The SPEAKER pro tempore. The running a more open, transparent H.R. 36 and make it an open rule? time of the gentlewoman has expired. House of Representatives that allows The SPEAKER pro tempore. The gen- Mr. MCGOVERN. I yield the gentle- for greater participation by all Mem- tlewoman from North Carolina would woman an additional 2 minutes. bers. have to yield for such a request to be Ms. SLAUGHTER. Mr. Speaker, let The problem throughout the last entertained. me get right to the chase here. Congress resided in the Senate and its Mr. MCGOVERN. Will the gentle- Barney Frank, our former colleague, failure to act on almost everything woman from North Carolina yield? said that many people believe that life passed by the House. When the Senate Ms. FOXX. I will not yield. begins at conception and ends at birth. did decide to act, then-majority leader, Mr. MCGOVERN. So there it is. I want to know how this Congress is Mr. Speaker, I yield 2 minutes to the Democrat HARRY REID, virtually going to comply with what the Presi- gentlewoman from California (Ms. locked down the amendment process on dent asked us last night: Will you give LEE). more money for child care? for the Senate floor. When you compare Ms. LEE. I want to thank the rank- daycare? Will you give more money for the nearly 1,500 amendments consid- ing member for yielding, for his leader- early education? Will you make sure ered on the House floor with the Sen- ship, and for really making it clear ex- that mothers are paid as much as the ate’s record of inaction, a more accu- actly what we are dealing with today men they are working with and that rate picture emerges. and why many of us strongly oppose Mr. Speaker, I now yield 2 minutes to the same jobs pay the same? Will you this rule and this bill. do something about paid sick leave? the gentleman from Maine (Mr. Mr. Speaker, tomorrow is the anni- Will you help these children get to col- POLIQUIN). versary of Roe v. Wade. Over 40 years Mr. POLIQUIN. Mr. Speaker, I rise in lege? ago, the Supreme Court ruled that a support of the rule and, most impor- Absolutely not. The record has been woman could make her own personal tantly, of the underlying bill, H.R. 161, clear on all of these issues. health care decisions without inter- the Natural Gas Pipeline Permitting There is something really awful when ference from politicians. Yet here we Reform Act. I encourage all of my col- we take up the time to please the base are again, in 2015, debating this con- leagues, Republicans and Democrats, of some sort out there against all sci- stitutionally protected right. entific belief and everything that we to support this important job creation H.R. 36 would ban all abortions at 20 know about medicine. I wish this Con- bill. weeks, with extremely limited excep- The great State of Maine is home to gress would stop the folly. We are faced tions. A ban on an abortion after 20 the most skilled papermakers in the with a lot of serious problems in this weeks makes it harder for women who world. Even so, last year, mills in country. Again, as my colleague points are already facing difficult cir- Bucksport, Old Town, and Millinocket out, we have no ability to amend it. cumstances. This is so bad. This is so closed, laying off 1,000 of our workers. Nobody else can be heard on anything wrong. else. It is simply going to be voted on; Soon, a fourth mill, which is in Madi- 1300 the Senate may or may not ever take son, will temporarily shut down, fur- b it up; and the President will not sign loughing another 215 workers. Every woman has a right to a safe it. It is the same thing that we did over For each mill, the high cost of elec- medical procedure. And this decision, and over in the last session—kill tricity to run its machinery was a pri- while difficult, is hers to make, not health care. mary reason for closure. Almost half yours and not mine. This is her deci- Do everything you can. Nothing is the power plants in New England burn sion. going to be signed. No bills will be natural gas to generate electricity. We This bill is part of a broader effort to made. It is a shame. I have labeled it must allow the increased production chip away at abortion access, a right before as ‘‘legislative malpractice,’’ and transportation of natural gas to that has already been decided by the and that is exactly what is going on drive down the cost of electric power Supreme Court and is the law of the with this bill. and save our mills, our factories, and land. Yet Republicans once again are Ms. FOXX. Mr. Speaker, I yield my- save our jobs. focused on dictating what women can self such time as I may consume. Today, I am proud to cosponsor this do with their bodies, denying their Once again, we find ourselves in a po- new legislation in order to expedite the rights and endangering their health. sition in which we must correct the permitting to construct more and larg- Mr. Speaker, this radical GOP bill record. er capacity natural gas pipelines undermines women’s constitutional Over the last 4 years, Republicans throughout America. I ask my Repub- rights under Roe v. Wade. This is a have implemented reforms to make the lican and Democrat colleagues to band dangerous assault on women’s health U.S. House of Representatives more together in supporting this critically freedoms. Women should not have to open and transparent than ever. Under important jobs bill. It is the fair and justify their personal medical deci- this GOP majority, Members on both the right thing to do. sions. sides of the aisle have been allowed to Hardworking American taxpayers de- Abortions later in a pregnancy can offer significantly more amendments— serve a more effective government that involve rare, severe fetal abnormalities and the House has operated under far works together to solve our serious or pose serious risks to the health of more open rules—than were allowed problems. We have the responsibility women, but these procedures may be under the previous Democrat-con- and the authority to help our families medically necessary to save the wom- trolled House. live better lives, with fatter paychecks an’s life. The GOP majority allowed nearly and more financial security. Let’s get This is an agonizing decision that a 1,500 amendments to be considered on this done. woman should make with her doctor,

VerDate Sep 11 2014 02:54 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.023 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H448 CONGRESSIONAL RECORD — HOUSE January 21, 2015 her family, or whomever, but not her How disgusting. How repugnant. How It is sad that opponents of this legis- congressional Representatives. We wrong. Any nation, any party, any per- lation are attempting to use the Con- have seen what happens when politi- son that claims to respect human stitution as a roadblock to prevent life- cians interfere in these deeply personal rights and accepts basic science must saving legislation, but the Supreme medical decisions and tie doctors’ reject this pain-filled act of barbarism. Court’s position is clear. hands. I urge my colleagues to join me in With that, Mr. Speaker, I yield 2 The SPEAKER pro tempore. The supporting this rule and, most impor- minutes to the gentleman from Ari- time of the gentlewoman has expired. tant, in supporting H.R. 36. zona (Mr. FRANKS). Mr. MCGOVERN. Mr. Speaker, I yield Mr. MCGOVERN. Mr. Speaker, I am Mr. FRANKS of Arizona. I thank the the gentlewoman an additional 30 sec- proud to yield 2 minutes to the gentle- gentlewoman. onds. woman from Connecticut (Ms. Mr. Speaker, a great shadow looms Ms. LEE. Let me just say that the DELAURO). over America, the home of the brave. AMA has stated very clearly that this Ms. DELAURO. Mr. Speaker, I rise in More than 18,000 very late-term abor- bill compromises a doctor’s ability to opposition to this rule and to the un- tions are occurring in America every provide medical treatment in the best derlying bill. This bill is just as uncon- year, placing the mothers at exponen- interest of the patient. stitutional as it was when it was intro- tially greater risk and subjecting their Members of Congress have no right to duced in the last Congress. It poses just pain-capable babies to torture and interfere in health care decisions of as serious a risk to the health and civil death without anesthesia. It is the women. This is a private matter. And liberties of American women. And this greatest human rights atrocity in the the last time I looked, I thought we do time around, it comes with an addi- United States today. have a right to privacy in this country. tional slap in the face to women be- Almost every other major civilized So we have got to continue to fight cause, if this rule passes, the bill will nation on Earth protects pain-capable against these attacks on women’s come to a vote on the 42nd anniversary babies at this age, and every credible health, on our constitutional rights, of the Supreme Court’s decision in Roe poll of the American people shows that and on the right to privacy. I hope you v. Wade. they are overwhelmingly in favor of vote ‘‘no’’ on this rule and ‘‘no’’ on this By attempting to outlaw almost all protecting them. And yet we have bill. abortions after 20 weeks of pregnancy, given these little babies less legal pro- Ms. FOXX. Mr. Speaker, I yield my- this bill would clearly violate the con- tection from unnecessary painful cru- self such time as I may consume. stitutional principles the Court laid elty than the protection we have given The gentleman from Massachusetts down in that decision a generation ago. farm animals under the Federal Hu- knows very well that the number of Women must be allowed to decide their mane Slaughter Act. closed rules last Congress was a proce- health care decisions. They need to do But, Mr. Speaker, I would submit to dural effect of Republicans’ efforts to it in consultation with their doctors, you that today the winds of change reopen the government. America tires with their families, and with their cler- have begun to blow and the tide of of this debate. Let’s return to real gy and not have those decisions made blindness and blood is finally turning issues with an impact on Americans’ for them by Washington politicians. in America because today we take up lives. The Republican majority always the Pain-Capable Unborn Child Protec- Mr. Speaker, we go to extraordinary claims to be against government over- tion Act in this Chamber. lengths in this country to save the reach and for science. Well, they should It is not perfect, Mr. Speaker. Each lives of born human beings because we take a look at the legislation they one of us would have written it a little value life so much. However, there are bring to the floor. This bill would ex- differently if we could have done so. many who do not hold the unborn in tend the Federal Government’s reach However, no matter how it is shouted the same esteem, and that is tragic for all the way into the doctor’s office. down or what distortions, deceptive the more than 1 million unborn babies And it denies medical science. It what-ifs, distractions, diversions, who lose their lives every year. There threatens providers with jail for per- gotchas, twisting of words, changing is nothing more important than pro- forming a procedure that is constitu- the subject, or blatant falsehoods the tecting voiceless unborn children and tionally protected and often medically abortion industry hurls at this bill and their families from the travesty of necessary. It places obstacles in the its supporters, it is a deeply sincere ef- abortion. way of rape victims who seek help. It fort, beginning at the sixth month of Mr. Speaker, I yield 2 minutes to the would put thousands of women at risk. pregnancy, to protect both mothers gentleman from Kansas (Mr. In short, this is another Republican and their pain-capable babies from the HUELSKAMP). ideological assault on women. We atrocity of late-term abortion on de- Mr. HUELSKAMP. I thank the gen- should reject it wholeheartedly. Our mand, and, ultimately, it is one all hu- tlewoman from North Carolina for priority should be to help American mane Americans can support if they yielding. workers with jobs, with increased truly understand it for themselves. Mr. Speaker, over these next 2 days, wages—including women—and not Mr. Speaker, what we are doing to you will hear many of my colleagues turning the clock back to the 1950s these babies is real—and we all know rise in support of H.R. 36, as well they with this kind of unconstitutional pos- it—and it is time to change and protect should. This bill protects pain-capable, turing. them. pre-born children from being subjected I urge my colleagues to vote against Mr. MCGOVERN. Mr. Speaker, I am to violent, dismembering abortions, this rule and the underlying bill and proud to yield 1 minute to the gentle- also known as D&E abortions. truly vote for women in the United woman from Massachusetts (Ms. One former abortionist, Dr. Anthony States today. CLARK), a champion for women’s Levatino, testified in May 2013 before Ms. FOXX. Mr. Speaker, I yield my- rights. the House Judiciary Committee and de- self such time as I may consume. Ms. CLARK of Massachusetts. I Mr. Speaker, it is important to re- scribed the procedure by saying: thank the gentleman for yielding. spond to the charge that this legisla- Mr. Speaker, here we go again. In- A second-trimester D&E abortion is a blind tion is unconstitutional. In 2007, the stead of prioritizing the needs of procedure. Picture yourself reaching in with a Sopher clamp and grasping anything you Supreme Court upheld the Federal Par- women and families, we are once again can. Once you have grasped something in- tial-Birth Abortion Ban Act as an ap- discussing a bill that attacks women’s side, squeeze on the clamp to set the jaws propriate use of Congress’ powers under rights. and pull hard—really hard. the Commerce Clause. This legislation When I ask women in my district This is from a former abortionist de- follows that act’s model by asserting what they need, they talk about not scribing the procedure: Congress’ authority to extend protec- being able to find quality, affordable You feel something let go and out pops a tion to pain-capable unborn children child care. But here in Congress we are fully formed leg about 6 inches long. Reach under the Commerce, Equal Protec- talking about a bill that tells women in again and again with that clamp and tear tion, Due Process, and Enforcement they don’t have a right to plan their out the spine, intestines, heart, and lungs. Clauses of the 14th Amendment. own family.

VerDate Sep 11 2014 02:54 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.024 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H449 Women in my district talk about formed in the second trimester, not a his leadership, we are experiencing the making sure they receive equal pay for rare tragedy. strongest private sector job growth we equal work. What are we talking As a Nation, we rightfully give the have had in 17 years, over 11 million about? A bill that tells women that safety of our children the highest im- new jobs. politicians are better able to make portance. In spite of that, we continue Let’s not squander this opportunity. their health decisions than they are. to allow these horrific procedures that Let’s work together to create real jobs, Women in my district talk about an overwhelming majority of nations not political posturing for the Amer- making sure victims and survivors of in the world have sworn off. As I men- ican people. domestic violence have the resources tioned before, only seven nations allow Ms. FOXX. Mr. Speaker, I yield my- they need to build a better life. But we elective abortions after 20 weeks’ ges- self such time as I may consume. are talking about a bill that tells tation. Thankfully, the American people rec- ognize that we are speaking about pro- women that if they become pregnant b 1315 because they were raped, they better tecting vulnerable lives here. A March have a police report to prove it. How can America continue to be one 2013 poll conducted by The Polling The SPEAKER pro tempore. The of them? We must leave this practice Company found that 64 percent of the time of the gentlewoman has expired. behind. public supports a law like the Pain-Ca- Mr. MCGOVERN. Mr. Speaker, I yield That is why I am a cosponsor of the pable Unborn Child Protection Act pro- the gentlewoman an additional 30 sec- underlying legislation to prohibit elec- hibiting an abortion after 20 weeks, onds. tive abortions in the United States when an unborn baby can feel pain, un- Ms. CLARK of Massachusetts. Amer- past 20 weeks. The Pain-Capable Un- less the life of the mother is in danger. ican women pay taxes, raise their fami- born Child Protection Act is a com- Supporters include 47 percent of lies, contribute to our economy, and monsense reform to our American prin- those who identified themselves as are over half of the electorate. Yet ciples of protecting life as the most ‘‘pro-choice’’ in the poll. The poll also rather than helping these women suc- fundamental constitutional right. found that 63 percent of women believe ceed and grow our economy, we give Mr. Speaker, I reserve the balance of that abortion should not be permitted them this bill that forces backward my time. after the point where substantial med- ideological beliefs into women’s pri- Mr. MCGOVERN. Mr. Speaker, I yield ical evidence says that the unborn vate medical decisions. 2 minutes to the gentlewoman from child can feel pain. That finding was I urge my colleagues to get back to New York (Mrs. MALONEY). not an unusual outlier. It is represent- work for women and families of this Mrs. CAROLYN B. MALONEY of New ative of the true beliefs of the Amer- country and reject this dangerous bill. York. I thank the gentleman for his ican people. Ms. FOXX. Mr. Speaker, I yield my- leadership and for yielding. According to a 2013 Gallup Poll, 64 self such time as I may consume. Mr. Speaker, I rise in opposition to percent of Americans support prohib- It is disappointing to hear my col- this rule. After all the talk by our Re- iting second trimester abortions, and leagues criticize this legislation in this publican friends about focusing their 80 percent support prohibiting third way. We consider many weighty issues efforts on jobs and growing the econ- trimester abortions. Even The Huff- in this body with great implications for omy, so far their rhetoric does not ington Post found in 2013 that 59 per- our future, but few of those issues com- match their record. cent of Americans support limiting mand our attention as much as those Last week, we took up a pipeline bill abortions after 20 weeks. that impact children, as this legisla- that, according to the State Depart- Let no one believe that our concern tion does. This is right and appro- ment, would only create 34 jobs, and is only for the child. A study in the Ob- priate. the bill that we have on the pipeline stetrics and Gynecology journal found I fear for both our future and our today probably won’t create one single that a woman seeking an abortion present if we continue to tolerate the job, but what it will do, it will make it after 20 weeks’ gestation is 35 times death of innocent children in the easier to damage the environment. more likely to die from an abortion womb. Every life matters. It is my The majority has also introduced six than she would have been from an hope that a culture of life will take antichoice bills in the past 7 days, and abortion in the first trimester. At 21 hold and all children will be protected what all these bills have in common is weeks or more, she is 91 times more in law in the near future, but today we that they will not create one single likely to die. Abortion is a danger to have an opportunity to come together American job. both lives, the mother and the child. and find consensus that nearly fully de- Instead of a jobs agenda, the major- Mr. Speaker, Congress cannot sit idly veloped, viable children should be pro- ity seems bound and determined to at- by while this grotesque and brutal pro- tected, particularly as individuals ca- tack women’s rights, to take away a cedure, which rips the tiny baby apart, pable of experiencing great pain. woman’s constitutional right to make limb from limb in the womb, and The necessity of that protection is for herself the most private and per- threatens the life of the mother, is per- made even clearer when considering sonal and intimate decisions. formed in our country. This is why it is the type of abortion these growing Now, we are taking up this bill, H.R. necessary for Congress to pass H.R. 36 children are subjected to. 36, which is based on the insulting be- and protect the lives of these unborn Mr. Speaker, it is important that the lief that women are incapable and un- children from excruciating pain. American people understand exactly prepared to make decisions about their Mr. Speaker, I reserve the balance of what happens when they hear the word own bodies and their own health care. my time. ‘‘abortion.’’ According to Planned Par- Forty-two years ago this week, the Mr. MCGOVERN. Mr. Speaker, I am enthood, the largest abortion provider Supreme Court, in Roe v. Wade, made proud to yield 11⁄2 minutes to the gen- in America, babies aborted at 14 weeks it clear that a woman has a constitu- tleman from Tennessee (Mr. COHEN), or later are often subjected to dis- tional right to decide for herself these somebody who believes in protecting memberment abortions, which are in- private issues concerning her own women’s rights. credibly gruesome and painful. health and well-being. Mr. COHEN. Thank you, Mr. MCGOV- What follows is heart-wrenching to This is not only insulting to the ERN. describe, Mr. Speaker, but we must women of this country, it is just an- Mr. Speaker, the fact is that pain is face the truth of what we are currently other pointless exercise in political a subterfuge. This bill is not about pain permitting. As if in a horror movie, the posturing. It will never become law. It to the fetus. This bill is about out- abortionist begins by suctioning out is a waste of Congress’ time. What we lawing abortion and repealing Roe v. the amniotic fluid, then rips the limbs should be doing instead is focusing on Wade. from the infant’s body with a steel tool any idea or measure that can help cre- The other side knows that the Su- and finishes by crushing the skull of ate greater economic opportunity for preme Court has set out in Roe v. Wade the infant he has dismembered. all Americans. the conditions of viability, and viabil- Take a moment to consider that. The President pointed out last night ity is 22–24 weeks. Well, they couldn’t This is the most common abortion per- that our economy is on the rise. Under get past that in the Court, they knew

VerDate Sep 11 2014 02:54 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.025 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H450 CONGRESSIONAL RECORD — HOUSE January 21, 2015 they couldn’t, so they created this new no better way to restore their faith in Big Money is influencing policy here in class of when the baby, the child, can Congress than by getting Big Money Washington. Last week, it was the in- feel pain. out of politics. fluence of Wall Street leaning on the They found a doctor that said he as- Today, my friends, is the 5-year anni- institution to pass legislation that sumes they can feel pain, and they base versary of the Supreme Court’s 5–4 rul- would get them out from reasonable their whole premise on that, an argu- ing in Citizens United v. FEC, which regulation. This week, it is the energy ment to try to repeal Roe v. Wade and granted corporations and industry leaning on the institution to not give the women of this country megamillionaires a First Amendment with respect to this Keystone bill that the opportunity to exercise choice on right to buy unlimited influence in our we are going to see—example after ex- their own lives and when they produce elections. The results of Citizens ample of how Big Money has undue in- children. United has been elections dominated fluence here in Washington. This has been the law in this country by super-PACs and unaccountable out- It is time that we fought on behalf of since 1973. I consider it the right law. I side groups, backed by a small group of the American people and made sure was in law school when the Supreme the wealthiest Americans. that their voices are the ones being Court brought down Roe v. Wade. It Indeed, during the 2012 Presidential heard, not the voice and the mega- was progress, and we continue to election cycle, 93 percent of super-PAC phone of Big Money. march forward, but the other side funding came from just over 3,000 do- Let’s vote against ordering the pre- wants to stop progress. If they could nors, amounting to less than .01 per- vious question. Let’s consider the outlaw all abortions, they would do it, cent of the American population; like- amendment to the Constitution that and this is the first step toward doing wise, the 2014 midterm election cycle would allow us to push back on the it. was the most expensive in history, undue influence of Big Money here in They don’t provide for the life of the with recordbreaking spending by out- Washington. mother in the bill. They don’t provide side groups. Ms. FOXX. Mr. Speaker, I would in- for exceptions for rape and incest, and That is why, today, I ask the major- quire as to whether the gentleman they didn’t allow any amendments be- ity to join me and more than 80 of my from Massachusetts is prepared to cause they knew if they had amend- colleagues in support of H.J. Res. 22, close. ments they would carry, and the full the Democracy for All amendment. Mr. MCGOVERN. Yes, I am, Mr. rape and incest exceptions which are in This amendment will restore what the Speaker. the law today would be put on this bill, Supreme Court took away in Citizens Ms. FOXX. I reserve the balance of and that would be difficult for them to United: the right of Congress and the my time. swallow. States to pass laws limiting the influ- Mr. MCGOVERN. How much time do This is a sham on pain. This is an at- ence of Big Money in our elections. I have left, Mr. Speaker? tempt to take women’s rights away Seniors on Social Security don’t have The SPEAKER pro tempore. The gen- 1 and to repeal Roe v. Wade. I would ask millions to funnel into super-PACs. tleman from Massachusetts has 3 ⁄2 that when the bill comes up that we The SPEAKER pro tempore. The minutes remaining. The gentlewoman vote ‘‘no’’ and vote women first and time of the gentleman has expired. from North Carolina has 5 minutes re- progress. Mr. MCGOVERN. I yield the gen- maining. Ms. FOXX. Mr. Speaker, I reserve the tleman an additional 30 seconds. Mr. MCGOVERN. Mr. Speaker, I ask balance of my time at this time until Mr. DEUTCH. And low-income chil- unanimous consent to insert the text the gentleman from Massachusetts is dren are not among the wealthy donors of the amendment that I will offer if we ready to close. who hit the limits struck down in last defeat the previous question in the RECORD, along with extraneous mate- Mr. MCGOVERN. Mr. Speaker, I yield year’s McCutcheon ruling. myself such time as I may consume. The sad truth is that, for most Amer- rial, immediately prior to the vote on Sadly, we have seen all too well how icans, their influence in Washington the previous question. money has polluted our politics and is has shrunk each time the Supreme The SPEAKER pro tempore. Is there undermining our democracy, so I am Court has invited more money into our objection to the request of the gen- going to urge people to vote against elections and allowed special interests tleman from Massachusetts? There was no objection. the previous question. to set the agenda. Mr. MCGOVERN. Mr. Speaker, I yield If we defeat the previous question, I Let’s build a better politics by bring- myself such time as I may consume. will offer an amendment to the rule to ing H.J. Res. 22, the Democracy for All Let me just recap for my colleagues allow for consideration of a sensible amendment, up for a vote today. To- here. First of all, vote ‘‘no’’ on this constitutional amendment, H.J. Res. gether, we can ensure that every Amer- rule. This continues a trend that has 22, a measure that I have sponsored ican’s voice, once again, is heard in nothing but contempt for regular with my friends, TED DEUTCH of Flor- America’s democracy. order. These bills had no hearings in ida, DONNA EDWARDS of Maryland, and Ms. FOXX. Mr. Speaker, I continue this Congress. There was no markup, JOHN SARBANES of Maryland, to over- to reserve the balance of my time. and now, they are brought to the floor turn these decisions and make clear Mr. MCGOVERN. Mr. Speaker, I yield with no amendments—two closed rules. that Congress and States have the au- 2 minutes to the gentleman from Mary- Notwithstanding the pledge of the thority to regulate and set reasonable land (Mr. SARBANES). Speaker for a more open and trans- limits on the raising and spending of Mr. SARBANES. I thank the gen- parent process, people who have other money to influence elections. tleman for yielding. ideas on ways to improve or change To discuss this proposal, I yield 2 Mr. Speaker, I urge a ‘‘no’’ vote on these bills are denied that opportunity. minutes to the gentleman from Florida ordering the previous question, so that I would say, with all due respect to (Mr. DEUTCH). we can consider the constitutional my colleague from North Carolina, we Mr. DEUTCH. Mr. Speaker, I thank amendment, the Democracy for All can’t use the excuse that we have got my friend from Massachusetts, a leader amendment, that would rein in the ex- to keep the government running. We in the fight to get money out of poli- cesses that have been unleashed by Big are in the beginning of the session. We tics. Money on our political system. That are not doing much of anything. Clear- Last night, in his State of the Union occurred 5 years ago in the Citizens ly, the bills that we are debating in Address, President Obama called on United decision. their current form are going to be ve- Republicans and Democrats in Con- We have an opportunity, acting on toed anyway. gress to embrace a better politics behalf of the millions of Americans where we spend less time fundraising who feel their voices are drowned out, b 1330 and spewing sound bites and more time to push back on the influence of Big Secondly, I would urge my colleagues debating issues in good faith to find Money in this town and on this Cham- to vote ‘‘no’’ on the rule because of the common ground. ber. bills that are being brought up: this A better politics, that is something It seems, Mr. Speaker, that every bill that is clearly an attack on wom- all Americans want to see, and there is week we get another example of how en’s health and reproductive rights,

VerDate Sep 11 2014 02:54 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.026 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H451 which does not belong on this floor; reduce red tape and ensure that Ameri- Incest victims are victims regardless of their and the other bill is a bill that basi- cans in all parts of the country will be age. What some people call ‘‘consensual in- cally allows there to be a process for able to benefit from the energy revolu- cest’’ often begins as child sexual abuse. pipelines to be approved without nec- tion that has occurred on our Nation’s Even if the relationship continues into adult- essarily going through all the proper private lands. hood, there is still a perpetrator and still a vic- oversight. It is the coldest season of the year. It tim. In addition, it is hugely unfair to require an And I am going to urge Members to is my strong hope that we will be able incest victim to report a relative to the police. vote against the previous question so to enact this legislation soon, to en- In the future, should the House again con- we can bring up this bill that I talked sure that in winters to come residents sider legislation railing to abortion, I urge my about earlier on campaign finance re- of the northeast and other high-cost colleagues to bring the bill through regular form. areas of the country are able to heat order so that all Members can participate in Look, the legislative agenda in this their homes affordably. the debate over this sensitive issue. Congress is about rewarding the high- Before we consider our budgets or the The material previously referred to est donors. I think to any objective ob- foolishness of red tape, though, we by Mr. MCGOVERN is as follows: server, when you see what is coming on must return to our founding principles. AN AMENDMENT TO H. RES. 38 OFFERED BY the floor, including this pipeline bill We must remember that life is the MR. MCGOVERN OF MASSACHUSETTS which is not in the interest of the most fundamental of all rights. It is sa- At the end of the resolution, add the fol- American people, we are not out there cred and God-given. lowing new sections: trying to protect their safety and well- Even the President said in last SEC. 3. Immediately upon adoption of this being. It is a big kiss to the energy in- night’s speech: ‘‘I want our actions to resolution the Speaker shall, pursuant to dustry. And I would argue that the rea- tell every child, in every neighborhood: clause 2(b) of rule XVIII, declare the House Your life matters, and we are com- resolved into the Committee of the Whole son why bills like that—or some of the House on the state of the Union for consider- tax bills that are brought to this floor mitted to improving your life chances, ation of the joint resolution (H.J. Res. 22) that reward big corporations and the as committed as we are to working on proposing an amendment to the Constitution wealthiest individuals—are brought to behalf of our own kids.’’ of the United States relating to contribu- the floor is because those people who But, Mr. Speaker, millions of babies tions and expenditures intended to affect represent those wealthy interests have have been robbed of that right in this, elections. The first reading of the joint reso- the most sway in this Congress. They the freest country in the world. That is lution shall be dispensed with. All points of are the biggest donors to political par- a tragedy beyond words and a betrayal order against consideration of the joint reso- of what we, as a nation, stand for. lution are waived. General debate shall be ties. They are the biggest donors to confined to the joint resolution and shall not Members of Congress. Before liberty, equality, free speech, exceed one hour equally divided and con- And while that is happening every freedom of conscience, the pursuit of trolled by the chair and ranking minority day here, average people who can’t con- happiness, and justice for all, there has member of the Committee on the Judiciary. tribute tens of thousands of dollars to to be life; and yet for millions of abort- After general debate the joint resolution political parties, who can’t contribute ed infants, life is exactly what they shall be considered for amendment under the millions of dollars, are increasingly be- have been denied. An affront to life for five-minute rule. All points of order against coming marginalized. The issues that some is an affront to life for every one provisions in the joint resolution are waived. matter most to working people, those of us. At the conclusion of consideration of the One day, we hope it will be different. joint resolution for amendment the Com- struggling in the working class, those mittee shall rise and report the joint resolu- struggling to get into the middle class, We hope life will cease to be valued on tion to the House with such amendments as we don’t even get a chance to debate a sliding scale. We hope the era of elec- may have been adopted. The previous ques- those issues on the House floor. tive abortions, ushered in by an tion shall be considered as ordered on the I will say to my Republican friends: I unelected Court, will be closed and col- joint resolution and amendments thereto to have had many conversations with you lectively deemed one of the darkest final passage without intervening motion ex- over the years about how you hate rais- chapters in American history. But cept one motion to recommit with or with- ing money as much as I hate raising until that day, it remains a solemn out instructions. If the Committee of the duty to stand up for life. Whole rises and reports that it has come to money. Too much of our attention in no resolution on the joint resolution, then this Congress, whether you are a Dem- Regardless of the length of this jour- on the next legislative day the House shall, ocrat or a Republican, is about raising ney, we will continue to speak for immediately after the third daily order of money for the next election, and it is those who cannot, and we will continue business under clause 1 of rule XIV, resolve getting worse and worse every election to pray to the One who can change the into the Committee of the Whole for further cycle. It is time to do something about hearts of those in desperation and consideration of the joint resolution. that. It is time to give Congress the au- those in power who equally hold the SEC. 4. Clause 1(c) of rule XIX shall not thority to regulate or put a cap on how lives of the innocent in their hands. apply to the consideration of H.J. Res. 22. much campaigns cost. I mean, we are May we, in love, defend the unborn; THE VOTE ON THE PREVIOUS QUESTION: WHAT may we, in humility, confront this na- going to spend billions of dollars in the IT REALLY MEANS tional sin; and may we mourn what next Presidential election. It is ob- This vote, the vote on whether to order the scene. With all the problems that we abortion reveals about the conscience previous question on a special rule, is not have in this country, we ought to be of our Nation. Therefore, I urge my col- merely a procedural vote. A vote against or- spending more time debating those leagues to vote for life by voting in dering the previous question is a vote problems and not worrying about rais- favor of this rule and the underlying against the Republican majority agenda and ing money. bill. a vote to allow the Democratic minority to So, Mr. Speaker, I urge my col- Mr. CARTWRIGHT. Mr. Speaker, I rise offer an alternative plan. It is a vote about leagues to vote ‘‘no’’ on the previous today to express my frustration in the process what the House should be debating. by which this bill was brought to the floor and Mr. Clarence Cannon’s Precedents of the question so that we can bring up this House of Representatives (VI, 308–311), de- commonsense campaign finance pro- my disappointment that the process has yield- scribes the vote on the previous question on posal, and I also urge a ‘‘no’’ vote on ed a bill that I cannot support. the rule as ‘‘a motion to direct or control the the rule. This bill did not go through regular order. consideration of the subject before the House Mr. Speaker, I yield back the balance The Judiciary Committee did not hold any being made by the Member in charge.’’ To of my time. hearings or markups on the bill. And now defeat the previous question is to give the Ms. FOXX. Mr. Speaker, I yield my- under a Closed Rule, Members do not have opposition a chance to decide the subject be- self such time as I may consume. the opportunity to offer amendments, let alone fore the House. Cannon cites the Speaker’s As I said at the opening of this de- debate the merits of specific sections they ruling of January 13, 1920, to the effect that bate, this rule will provide for consid- ‘‘the refusal of the House to sustain the de- wish to change. mand for the previous question passes the eration of H.R. 161, the Natural Gas I submitted an amendment to H.R. 36 that control of the resolution to the opposition’’ Pipeline Permitting Reform Act. That would have extended the exception for all in- in order to offer an amendment. On March legislation, which passed the House on cest victims. Under a Closed Rule, this 15, 1909, a member of the majority party of- a bipartisan basis last Congress, will amendment was rejected. fered a rule resolution. The House defeated

VerDate Sep 11 2014 02:54 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.028 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H452 CONGRESSIONAL RECORD — HOUSE January 21, 2015 the previous question and a member of the Brat Huelskamp Ratcliffe Grijalva Maloney, Sanchez, Loretta opposition rose to a parliamentary inquiry, Bridenstine Huizenga (MI) Reed Gutie´rrez Carolyn Sarbanes asking who was entitled to recognition. Brooks (AL) Hultgren Reichert Hahn Maloney, Sean Schakowsky Heck (WA) Matsui Speaker Joseph G. Cannon (R–Illinois) said: Brooks (IN) Hunter Renacci Schiff Buchanan Hurd (TX) Ribble Higgins McCollum ‘‘The previous question having been refused, Schrader Buck Hurt (VA) Rice (SC) Himes McDermott Scott (VA) the gentleman from New York, Mr. Fitz- Bucshon Issa Rigell Honda McGovern Scott, David gerald, who had asked the gentleman to Burgess Jenkins (KS) Roby Huffman McNerney Serrano Israel Meeks yield to him for an amendment, is entitled to Byrne Jenkins (WV) Roe (TN) Sewell (AL) Calvert Johnson (OH) Jackson Lee Meng the first recognition.’’ Rogers (AL) Sherman Carter (GA) Jolly Jeffries Moore The Republican majority may say ‘‘the Rogers (KY) Sinema Chabot Jones Rohrabacher Johnson (GA) Moulton vote on the previous question is simply a Sires Chaffetz Jordan Rokita Johnson, E. B. Murphy (FL) vote on whether to proceed to an immediate Slaughter Clawson (FL) Joyce Rooney (FL) Kaptur Nadler Smith (WA) vote on adopting the resolution . . . [and] Coffman Katko Ros-Lehtinen Keating Napolitano Speier has no substantive legislative or policy im- Cole Kelly (PA) Roskam Kelly (IL) Neal plications whatsoever.’’ But that is not what Collins (GA) King (IA) Ross Kennedy Nolan Swalwell (CA) they have always said. Listen to the Repub- Collins (NY) King (NY) Rothfus Kildee Norcross Takai lican Leadership Manual on the Legislative Comstock Kinzinger (IL) Rouzer Kilmer O’Rourke Takano Conaway Kline Kind Pallone Thompson (CA) Process in the United States House of Rep- Royce Cook Knight Kirkpatrick Pascrell Thompson (MS) resentatives, (6th edition, page 135). Here’s Russell Costello (PA) Labrador Ryan (WI) Kuster Payne Titus how the Republicans describe the previous Cramer LaMalfa Salmon Langevin Pelosi Tonko question vote in their own manual: ‘‘Al- Crawford Lamborn Sanford Larsen (WA) Peters Torres though it is generally not possible to amend Crenshaw Lance Scalise Larson (CT) Peterson Tsongas the rule because the majority Member con- Culberson Latta Schock Lawrence Pingree Van Hollen Lee trolling the time will not yield for the pur- Curbelo (FL) LoBiondo Schweikert Pocan Vargas Davis, Rodney Long Levin Polis Scott, Austin Veasey pose of offering an amendment, the same re- Denham Loudermilk Lewis Price (NC) Sensenbrenner Vela sult may be achieved by voting down the pre- Dent Love Lieu (CA) Quigley Sessions ´ vious question on the rule.... When the Lipinski Rangel Velazquez DeSantis Lucas Shimkus Loebsack Rice (NY) Visclosky motion for the previous question is defeated, DesJarlais Luetkemeyer Shuster Diaz-Balart Lummis Lofgren Richmond Walz control of the time passes to the Member Simpson Dold MacArthur Lowenthal Roybal-Allard Wasserman who led the opposition to ordering the pre- Smith (MO) Duffy Marchant Lowey Ruiz Schultz vious question. That Member, because he Smith (NE) Duncan (SC) Marino Lujan Grisham Ruppersberger Waters, Maxine Smith (NJ) then controls the time, may offer an amend- Duncan (TN) Massie (NM) Rush Watson Coleman Smith (TX) ment to the rule, or yield for the purpose of Ellmers McCarthy Luja´ n, Ben Ray Ryan (OH) Welch Stefanik amendment.’’ Emmer McCaul (NM) Sa´ nchez, Linda Wilson (FL) Stewart Deschler’s Procedure in the U.S. House of Farenthold McClintock Lynch T. Yarmuth Stivers Fitzpatrick McHenry Representatives, the subchapter titled Stutzman Fleischmann McKinley NOT VOTING—13 ‘‘Amending Special Rules’’ states: ‘‘a refusal Thompson (PA) Fleming McMorris Brady (TX) Forbes Johnson, Sam to order the previous question on such a rule Thornberry Flores Rodgers Carter (TX) Harris Nunnelee [a special rule reported from the Committee Tiberi Fortenberry McSally Duckworth Hastings Tipton Perlmutter on Rules] opens the resolution to amend- Foxx Meadows Edwards Hinojosa Trott ment and further debate.’’ (Chapter 21, sec- Franks (AZ) Meehan Fincher Hoyer tion 21.2) Section 21.3 continues: ‘‘Upon re- Frelinghuysen Messer Turner jection of the motion for the previous ques- Garrett Mica Upton b 1404 Gibbs Miller (FL) Valadao tion on a resolution reported from the Com- Wagner mittee on Rules, control shifts to the Mem- Gibson Miller (MI) Messrs. REED and SALMON changed Gohmert Moolenaar Walberg their vote from ‘‘nay’’ to ‘‘yea.’’ ber leading the opposition to the previous Walden Goodlatte Mooney (WV) So the previous question was ordered. question, who may offer a proper amendment Gosar Mullin Walker or motion and who controls the time for de- Gowdy Mulvaney Walorski The result of the vote was announced bate thereon.’’ Granger Murphy (PA) Walters, Mimi as above recorded. Clearly, the vote on the previous question Graves (GA) Neugebauer Weber (TX) The SPEAKER pro tempore. The Graves (LA) Newhouse Webster (FL) on a rule does have substantive policy impli- Wenstrup question is on the resolution. cations. It is one of the only available tools Graves (MO) Noem Griffith Nugent Westerman The question was taken; and the for those who oppose the Republican major- Grothman Nunes Westmoreland Speaker pro tempore announced that ity’s agenda and allows those with alter- Whitfield Guinta Olson the ayes appeared to have it. native views the opportunity to offer an al- Guthrie Palazzo Williams ternative plan. Hanna Palmer Wilson (SC) RECORDED VOTE Wittman Hardy Paulsen Mr. MCGOVERN. Mr. Speaker, I de- Ms. FOXX. I yield back the balance Harper Pearce Womack of my time, and I move the previous Hartzler Perry Woodall mand a recorded vote. question on the resolution. Heck (NV) Pittenger Yoder A recorded vote was ordered. The SPEAKER pro tempore. The Hensarling Pitts Yoho The SPEAKER pro tempore. This is a Herrera Beutler Poe (TX) Young (AK) 5-minute vote. question is on ordering the previous Hice (GA) Poliquin Young (IA) question. Hill Pompeo Young (IN) The vote was taken by electronic de- The question was taken; and the Holding Posey Zeldin vice, and there were—ayes 238, noes 181, Hudson Price (GA) Zinke Speaker pro tempore announced that not voting 14, as follows: the ayes appeared to have it. NAYS—182 [Roll No. 39] Mr. MCGOVERN. Mr. Speaker, on Adams Castor (FL) DeLauro AYES—238 that I demand the yeas and nays. Aguilar Castro (TX) DelBene Abraham Buchanan Curbelo (FL) The yeas and nays were ordered. Ashford Chu (CA) DeSaulnier Aderholt Buck Davis, Rodney Bass Cicilline Deutch Allen Bucshon Denham The SPEAKER pro tempore. Pursu- Beatty Clark (MA) Dingell Amash Burgess Dent ant to clause 9 of rule XX, the Chair Becerra Clarke (NY) Doggett Amodei Byrne DeSantis will reduce to 5 minutes the minimum Bera Clay Doyle (PA) Babin Calvert DesJarlais time for any electronic vote on the Beyer Cleaver Ellison Barletta Carter (GA) Diaz-Balart Bishop (GA) Clyburn Engel Barr Chabot Dold question of adoption. Blumenauer Cohen Eshoo Barton Chaffetz Duffy The vote was taken by electronic de- Bonamici Connolly Esty Benishek Clawson (FL) Duncan (SC) vice, and there were—yeas 238, nays Boyle (PA) Conyers Farr Bilirakis Coffman Duncan (TN) Brady (PA) Cooper Fattah Bishop (MI) Cole Ellmers 182, not voting 13, as follows: Brown (FL) Costa Foster Bishop (UT) Collins (GA) Emmer [Roll No. 38] Brownley (CA) Courtney Frankel (FL) Black Collins (NY) Farenthold Bustos Crowley Fudge Blackburn Comstock Fitzpatrick YEAS—238 Butterfield Cuellar Gabbard Blum Conaway Fleischmann Abraham Barletta Bishop (UT) Capps Cummings Gallego Bost Cook Fleming Aderholt Barr Black Capuano Davis (CA) Garamendi Boustany Costello (PA) Flores Allen Barton Blackburn Ca´ rdenas Davis, Danny Graham Brat Cramer Fortenberry Amash Benishek Blum Carney DeFazio Grayson Bridenstine Crawford Foxx Amodei Bilirakis Bost Carson (IN) DeGette Green, Al Brooks (AL) Crenshaw Franks (AZ) Babin Bishop (MI) Boustany Cartwright Delaney Green, Gene Brooks (IN) Culberson Frelinghuysen

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.014 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H453 Garrett Lummis Roskam Meeks Richmond Swalwell (CA) Act shall approve or deny the issuance of the Gibbs MacArthur Ross Meng Roybal-Allard Takai license, permit, or approval not later than 90 Gibson Marchant Rothfus Moore Ruiz Takano days after the Commission issues its final Moulton Ruppersberger Thompson (CA) Gohmert Marino Rouzer environmental document relating to the Goodlatte Massie Royce Murphy (FL) Rush Thompson (MS) Gosar McCarthy Russell Nadler Ryan (OH) Titus project. Gowdy McCaul Ryan (WI) Napolitano Sa´ nchez, Linda Tonko ‘‘(3) The Commission may extend the time Granger McClintock Salmon Neal T. Torres period under paragraph (2) by 30 days if an Graves (GA) McHenry Sanford Nolan Sanchez, Loretta Tsongas agency demonstrates that it cannot other- Graves (LA) McKinley Scalise Norcross Sarbanes Van Hollen wise complete the process required to ap- Graves (MO) McMorris Schock O’Rourke Schakowsky Vargas prove or deny the license, permit, or ap- Griffith Rodgers Schweikert Pallone Schiff Veasey proval, and therefor will be compelled to Grothman McSally Scott, Austin Pascrell Schrader Vela Guinta Meadows Payne Scott (VA) Vela´ zquez deny the license, permit, or approval. In Sensenbrenner granting an extension under this paragraph, Guthrie Meehan Sessions Pelosi Scott, David Visclosky the Commission may offer technical assist- Hanna Messer Shimkus Peters Serrano Walz Pingree Sewell (AL) Wasserman Hardy Mica Shuster ance to the agency as necessary to address Harper Miller (FL) Pocan Sherman Schultz Simpson conditions preventing the completion of the Hartzler Miller (MI) Polis Sinema Waters, Maxine Smith (MO) review of the application for the license, per- Heck (NV) Moolenaar Price (NC) Sires Watson Coleman Smith (NE) mit, or approval. Hensarling Mooney (WV) Quigley Slaughter Welch Smith (NJ) Herrera Beutler Mullin Rangel Smith (WA) Wilson (FL) ‘‘(4) If an agency described in paragraph (2) Smith (TX) Hice (GA) Mulvaney Rice (NY) Speier Yarmuth does not approve or deny the issuance of the Stefanik Hill Murphy (PA) license, permit, or approval within the time Stewart Holding Neugebauer NOT VOTING—14 period specified under paragraph (2) or (3), as Stivers Hudson Newhouse Brady (TX) Forbes Johnson, Sam Stutzman applicable, such license, permit, or approval Huelskamp Noem Carter (TX) Harris Nunnelee Thompson (PA) shall take effect upon the expiration of 30 Huizenga (MI) Nugent Duckworth Hastings Thornberry Perlmutter days after the end of such period. The Com- Hultgren Nunes Edwards Hinojosa Tiberi Walters, Mimi mission shall incorporate into the terms of Hunter Olson Fincher Hoyer Hurd (TX) Palazzo Tipton such license, permit, or approval any condi- Hurt (VA) Palmer Trott ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tions proffered by the agency described in Issa Paulsen Turner The SPEAKER pro tempore (Mr. paragraph (2) that the Commission does not Jenkins (KS) Pearce Upton DUNCAN of Tennessee) (during the find are inconsistent with the final environ- Jenkins (WV) Perry Valadao Wagner vote). There are 2 minutes remaining. mental document. Johnson (OH) Peterson ‘‘(5) For purposes of this subsection, the Jolly Pittenger Walberg Jones Pitts Walden b 1413 term ‘prefiled project’ means a project for Walker the siting, construction, expansion, or oper- Jordan Poe (TX) So the resolution was agreed to. Joyce Poliquin Walorski ation of a natural gas pipeline with respect Katko Pompeo Weber (TX) The result of the vote was announced to which a prefiling docket number has been Kelly (PA) Posey Webster (FL) as above recorded. assigned by the Commission pursuant to a King (IA) Price (GA) Wenstrup A motion to reconsider was laid on prefiling process established by the Commis- Westerman King (NY) Ratcliffe sion for the purpose of facilitating the for- Kinzinger (IL) Reed Westmoreland the table. mal application process for obtaining a cer- Kline Reichert Whitfield f Knight Renacci Williams tificate of public convenience and neces- Labrador Ribble Wilson (SC) b 1415 sity.’’. LaMalfa Rice (SC) Wittman The SPEAKER pro tempore. The gen- Lamborn Rigell Womack NATURAL GAS PIPELINE tleman from Kentucky (Mr. WHITFIELD) Lance Roby Woodall PERMITTING REFORM ACT Latta Roe (TN) Yoder and the gentleman from New Jersey LoBiondo Rogers (AL) Yoho Mr. WHITFIELD. Mr. Speaker, pur- (Mr. PALLONE) each will control 30 min- Long Rogers (KY) Young (AK) suant to House Resolution 38, I call up Loudermilk Rohrabacher Young (IA) utes. Love Rokita Young (IN) the bill (H.R. 161) to provide for the The Chair recognizes the gentleman Lucas Rooney (FL) Zeldin timely consideration of all licenses, from Kentucky. Luetkemeyer Ros-Lehtinen Zinke permits, and approvals required under GENERAL LEAVE NOES—181 Federal law with respect to the siting, Mr. WHITFIELD. Mr. Speaker, I ask construction, expansion, or operation unanimous consent that all Members Adams Cuellar Jackson Lee Aguilar Cummings Jeffries of any natural gas pipeline projects, may have 5 legislative days in which to Ashford Davis (CA) Johnson (GA) and ask for its immediate consider- revise and extend their remarks and to Bass Davis, Danny Johnson, E. B. ation in the House. include extraneous material on H.R. Beatty DeFazio Kaptur The Clerk read the title of the bill. Becerra DeGette Keating 161. Bera Delaney Kelly (IL) The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there Beyer DeLauro Kennedy ant to House Resolution 38, the bill is objection to the request of the gen- Bishop (GA) DelBene Kildee considered read. tleman from Kentucky? Blumenauer DeSaulnier Kilmer Bonamici Deutch Kind The text of the bill is as follows: There was no objection. Boyle (PA) Dingell Kirkpatrick H.R. 161 Mr. WHITFIELD. Mr. Speaker, I Brady (PA) Doggett Kuster Be it enacted by the Senate and House of Rep- yield 2 minutes to the gentleman from Brown (FL) Doyle (PA) Langevin Brownley (CA) Ellison Larsen (WA) resentatives of the United States of America in Michigan (Mr. UPTON), the chairman of Bustos Engel Larson (CT) Congress assembled, the Energy and Commerce Committee. Butterfield Eshoo Lawrence SECTION 1. SHORT TITLE. Mr. UPTON. Mr. Speaker, when it Capps Esty Lee This Act may be cited as the ‘‘Natural Gas comes to natural gas production, we Capuano Farr Levin Pipeline Permitting Reform Act’’. Ca´ rdenas Fattah Lewis are number one. What was once a pipe Carney Foster Lieu (CA) SEC. 2. REGULATORY APPROVAL OF NATURAL dream is now a global reality, thanks Carson (IN) Frankel (FL) Lipinski GAS PIPELINE PROJECTS. to American ingenuity and technology. Cartwright Fudge Loebsack Section 7 of the Natural Gas Act (15 U.S.C. An impressive accomplishment, espe- Castor (FL) Gabbard Lofgren 717f) is amended by adding at the end the fol- Castro (TX) Gallego Lowenthal lowing new subsection: cially considering where we were only Chu (CA) Garamendi Lowey ‘‘(i)(1) The Commission shall approve or a decade ago—fearful of running out of Cicilline Graham Lujan Grisham supplies. Clark (MA) Grayson (NM) deny an application for a certificate of pub- Clarke (NY) Green, Al Luja´ n, Ben Ray lic convenience and necessity for a prefiled With this new wealth of natural gas, Clay Green, Gene (NM) project not later than 12 months after receiv- folks in Michigan and across the coun- Cleaver Grijalva Lynch ing a complete application that is ready to try should no longer worry about ac- Clyburn Gutie´rrez Maloney, be processed, as defined by the Commission Cohen Hahn Carolyn cess to affordable energy. But budget- by regulation. busting power bills are still hitting too Connolly Heck (WA) Maloney, Sean ‘‘(2) The agency responsible for issuing any Conyers Higgins Matsui license, permit, or approval required under many Americans. Cooper Himes McCollum The New York Times recently re- Costa Honda McDermott Federal law in connection with a prefiled Courtney Huffman McGovern project for which a certificate of public con- ported that customers in New England Crowley Israel McNerney venience and necessity is sought under this could expect electricity rates to spike

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.013 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H454 CONGRESSIONAL RECORD — HOUSE January 21, 2015 close to 40 percent higher this winter. them are in densely populated areas. they don’t decide within 90 days, FERC Why? Well, we may have fixed our sup- So it is a major concern that FERC has has to approve those permits as well. ply problems, but now we have a seri- to look at when reviewing these pipe- FERC doesn’t normally deal with these ous distribution problem. Our archaic lines and deciding whether to issue a other issues. energy infrastructure and outdated permit. It is not as if they are in places Another thing which I think is im- regulatory system is blocking Amer- with no people. They are often in portant is the eminent domain issue. If ican consumers from reaping the bene- densely populated areas, like in my the permit is approved by FERC, then fits of our energy abundance. We have State of New Jersey. that means the company that is build- the gas, but we don’t have the pipelines In addition, this bill is unnecessary. ing the pipeline has the right to use to get cheap energy directly to families The nonpartisan Government Account- eminent domain for the land where the and businesses that need it most. ability Office concluded that the FERC pipeline is going to go through. I have This legislation seeks to fix the prob- pipeline permitting process is predict- a lot of concern about whether or not lem, inserting accountability into the able and consistent and gets pipelines eminent domain should be used in permitting process for natural gas built. In fact, over 90 percent are ap- those circumstances, particularly if pipelines and establishing firm dead- proved or at least decided within the the permit process has been short- lines for agency reviews. It does not ex- 12-month cycle limitation that this bill circuited. empt any environmental laws. It just is proposing. So I think that sometimes my col- makes sure pipeline projects get sited The pipeline companies actually tes- leagues on the other side of the aisle and built without unnecessary delay. tified before the GAO that the process don’t understand that these permits Last night, the President here made for permitting through FERC ‘‘is gen- are very detailed documents. They in- the case for more Federal funding of erally very good’’ and that the sector clude emission limits, technology oper- transportation infrastructure projects ‘‘enjoys a favorable legal and regu- ating requirements, conditions to pro- like roads and bridges as one way to latory framework for the approval of tect the environment. FERC doesn’t create jobs while modernizing our new infrastructure.’’ have the expertise or the resources to economy. But the energy infrastruc- So if the process is fine, why are we issue the permits for these other stat- ture projects unleashed by this pipeline now trying to move ahead and endan- utes like the Clean Air Act and the En- bill are every bit as necessary, with all ger safety by coming up with limita- dangered Species Act. of the economic benefits, and the best tions on the process that actually is So I am just saying that I think that part is, since they will be paid for by very good? this legislation from a practical point the private sector, it won’t cost tax- I would also say that if you have a 12- of view is entirely unworkable. It just payers a dime. month limit, which is what this bill doesn’t work. It doesn’t work. The GAO We voted on this legislation last Con- proposes on FERC’s ability to issue a has said that the process that we have gress, and it passed the House with permit, it is very possible that the now is fine. And for those of us who overwhelming bipartisan support. With process of permitting could be slowed have had these accidents where we the President’s comments last night down because if FERC decides that have had explosions and danger, the about wanting to work with Congress, I they don’t have enough time within 12 last thing that we want is these pipe- hope the President can join us in sup- months to decide whether a pipeline lines going through densely populated porting this bipartisan, commonsense should be built and it is safe, they may areas that haven’t had the proper re- energy and jobs solution. Now that we just decide to not grant the permit and view to protect the safety and the are the leader in energy production, deny it for fear that they haven’t had health of our residents. For all of these there is no reason America shouldn’t enough time to deal with it over the 12 reasons, I urge my colleagues to oppose be number one in energy affordability months. I think it is not only unneces- this legislation. as well. sary, but it may actually even be coun- Mr. PALLONE. Mr. Speaker, I yield I reserve the balance of my time. terproductive to what the sponsors are Mr. WHITFIELD. Mr. Speaker, I myself such time as I may consume trying to accomplish. yield 3 minutes to the distinguished and rise in opposition to this bill. Mr. Speaker, I listened to my col- I would also point out that we are gentleman from Kansas (Mr. POMPEO) league, the chairman of the Energy and wasting our time because the President who is the author of H.R. 161. Commerce Committee, when he said has issued a Statement of Administra- Mr. POMPEO. Mr. Speaker, I thank that the likelihood is that we are going tion Policy saying that if H.R. 161 were the gentleman for yielding to me, and to have more and more pipelines con- to reach his desk, that he would actu- I rise in support of H.R. 161. structed, pipelines that have to go ally veto it. I am not going to get into We are tens of thousands of miles of through the FERC process, and that is all the specifics of why because I think pipeline capacity short of the nec- certainly true, but all the more reason they are a lot of the same reasons I am essary pipelines to carry natural gas to why we shouldn’t be voting or sup- mentioning myself. consumers who need it and businesses porting this bill. Now, let me say what happens. When who demand it today in America. You I have to say I am talking not just in faced with this 12-month deadline, not don’t have to take my word for it— general in the abstract but from per- only FERC but also other agencies that prices will tell you. sonal experience. In my district a few deal with the Clean Air Act or the The gentleman from New Jersey just years ago, when I was a Congressman, Clean Water Act or the Endangered said he opposes this bill. Allow him to in Edison, New Jersey, we had a nat- Species Act, other agencies that have explain to his constituents why they ural gas pipeline explosion. Fortu- the authority to review this and permit pay six or seven or eight times as much nately, no one was killed or seriously this under the bill, would actually only for natural gas as someone else in the injured, but a whole apartment com- have 3 months, 90 days. So after the 12- Midwest, or in places where there is plex was wiped out, not just one build- month period ends for FERC, then adequate pipeline capacity today. It is ing but a series of them. There was a there is a 90-day period for the other unnecessary; it is unconscionable. real danger of loss of life. agencies to act. And if they don’t act America now has the resources to pro- It scares me, Mr. Speaker, to think within 90 days, then FERC is required vide this gas to all Americans so they that we would want to change the proc- under this legislation to issue a permit can heat their homes and cool their ess whereby FERC has the opportunity and say that those other regulatory homes, so businesses can use natural to look at the safety of these pipelines concerns are met. gas to build products here in America. when they are proposed for permitting So now you are going to have FERC We no longer live in a world with en- and somehow short-circuit that process not only limited in its 12-month review ergy scarcity here in America. We have because of my own experience in my but also then issuing permits under the an opportunity to get this product congressional district in Edison, New Clean Air Act, Clean Water Act, and from where it is found to the con- Jersey. Durham Woods was the name of these other environmental regulations, sumers and businesses that are de- the complex. which it has nothing to do with. Essen- manding it. So many of these pipelines, as a lot tially you are saying the other agen- The other side of the aisle may tell more pipelines are being built, a lot of cies have no role anymore because if you we don’t have a problem, but I will

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.035 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H455 tell you that as you talk to your con- ing access to additional sources of nat- Increased production of American stituents, as one who does this all the ural gas could help address some of natural gas has led to lower prices and time, constituents say: I am paying too New England’s energy challenges, in- more demand for this energy source all much for my product. This is a solu- cluding energy prices, which have his- across the Nation. That is especially tion that will work. torically been above the national aver- true in cold, energy-dependent regions We don’t make in this legislation a age. like upstate New York and the North- single change to the Clean Water Act, However, this legislation would move east. We need new infrastructure, spe- not one change to the Clean Air Act, us in the wrong direction. This bill cifically pipelines, to safely transport not a single change to any legislation would force FERC to rush decision- fuels to markets where they are need- that has to do with pipeline safety. Not making, including environmental re- ed. one. All those laws remain in effect. views and assessments of the need for Unfortunately, the Government Ac- All we ask the government to do is its natural gas, while also hobbling deci- countability Office reported that an av- job. We give them a timeline. We give sions regarding the appropriate size of erage processing time for interstate them ample time. If 12 months is not the proposed pipeline. It would turn natural gas pipeline projects was 558 enough, I am happy to give them 13. We FERC into a superpermitting agency, days. This bill would expedite the gov- will change the legislation. an authority that FERC neither wants ernment’s review process for pipeline But, in fact, the opposition isn’t be- nor has the expertise to carry out. applications, to make sure that we are cause this is being rushed but because In my home district, we are cur- doing all we can to build infrastructure in fact this will speed the process. That rently navigating the FERC process in a timely and responsible manner. is why folks are opposed. They know that this bill purports to improve. The More access to affordable American this will produce this gas in a way that company is proposing to build a new natural gas will help fuel farms, heat is safe and reasonable, and we will have 250-mile natural gas pipeline that homes, and power small businesses in great outcomes. And yet they want to crosses three States, including seven upstate New York and throughout this keep this product in the ground. That communities that I represent. I have country. Building pipelines will create is the real reason for opposition to this heard from hundreds of my constitu- good-paying jobs, as well as boost reve- bill. ents expressing their concerns with nues and development in communities So those of us who want to get this this project. across the Nation. Construction of the pipeline could Mr. PALLONE. Mr. Speaker, I yield energy to the consumers, to where it jeopardize local wildlife and will im- myself such time as I may consume. needs to go, I urge them to support pact both State and federally des- Some of my Republican colleagues this. ignated conservation lands, as well as just suggested that this bill would not Frankly, when you read the articles Massachusetts’ scarce farmland. waive any environmental require- about the challenges of pipeline capac- Thanks to extensive public review ments. For instance, yesterday, at the ity in America, the place it impacts and input, the pipeline route has al- Rules Committee, the sponsor of the the most isn’t the place from which I ready been adjusted to minimize some legislation indicated that H.R. 161 did hail. It is not Kansas; it is not the Mid- of the environmental impacts, but not waive or alter any applicable envi- west. It is, in fact, the densely popu- there are still many outstanding con- ronmental requirements under the lated areas of the Northeast. They are cerns that deserve careful scrutiny. Clean Air Act or NEPA. the places that need this energy the The proposed route still passes through While it is true that this legislation most and the soonest and the safest, local farmland, parks, wildlife manage- does not actually amend any provisions and we can get it for them. I urge those ment areas, wetlands, near schools, and of the Clean Air Act or other environ- who live in those places to talk to their across drinking water supplies. mental statutes, the bill would require constituents and to do the work to My constituents have been grateful automatic issuance of a pipeline-re- make sure that they understand what for a process that has given them the lated permit under statutes like the H.R. 161 can accomplish for the people time to provide input. This bill would Clean Air Act, if the responsible agen- in the areas that they represent. short-circuit that process and short- cy, such as EPA, has failed to act with- You know, this administration has change my constituents’ right to be in the 90 days. This is the 90 days be- taken a lot of efforts to reduce the ca- heard. yond the 1 year that I mentioned be- pacity of coal to provide energy for I proposed an amendment to this leg- fore. businesses and consumers. I regret islation with my colleague Mr. MCGOV- Basically, that makes FERC the that. I am doing my best to push back ERN that would exempt any pipeline agency that would issue the Clean Air in every place that we can, as I know from the arbitrary timelines estab- Act permit. Under this bill, FERC our chairman is as well. But as coal- lished in the bill if the proposed route would decide how to create a BLM fired power plants become more dif- crosses Federal, State, or local land right-of-way permit or a Clean Water ficult to build, the need for natural gas designated for conservation or recre- Act discharge permit. As a result, the will become even more increased. ation. However, the majority blocked legislation would effectively override b 1430 this simple amendment from coming to the permitting decisions of agencies the floor and receiving an up-or-down like EPA or DOI and turn FERC into a This legislation is aimed directly at vote. superpermitting agency. making sure that we don’t have short- In Massachusetts, we have a long- I just want to point out, while it is ages and outages and catastrophes in standing history of preserving national true that the text of the actual Clean energy production and energy delivery habitats and protecting open spaces for Air Act might remain unchanged under that America cannot afford. the public benefit, and we have in- this bill, the effect of the bill would be Mr. Speaker, I urge all of my col- vested significant public resources to- that the Clean Air Act permits would leagues to support H.R. 161. wards these goals. Members should be automatically issued by FERC if Mr. PALLONE. Mr. Speaker, I yield 3 have been given the opportunity to EPA fails to act within 90 days. minutes to the gentlewoman from Mas- vote on whether or not we should allow That is a major and substantive sachusetts (Ms. TSONGAS). for a thorough review process to pro- change from the way these laws work Ms. TSONGAS. Mr. Speaker, I thank tect State investments. and, in effect, amounts to a waiver of my colleague for yielding. On behalf of my constituents, I ask environmental requirements for all I rise today in strong opposition to my colleagues to oppose this legisla- practical purposes, Mr. Speaker. H.R. 161, the so-called Natural Gas tion. I reserve the balance of my time. Pipeline Permitting Reform Act. Mr. WHITFIELD. Mr. Speaker, at Mr. WHITFIELD. Mr. Speaker, may I My home State of Massachusetts, this time, I yield 1 minute to the dis- ask how much time we have remaining like many areas around the country, tinguished gentleman from New York on each side? faces serious energy challenges. We (Mr. HANNA). The SPEAKER pro tempore. The gen- need careful and strategic long-term Mr. HANNA. Mr. Speaker, I rise in tleman from Kentucky has 24 minutes planning in order to lower energy support of the Natural Gas Pipeline remaining. The gentleman from New prices and increase reliability. Increas- Permitting Reform Act. Jersey has 19 minutes remaining.

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.036 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H456 CONGRESSIONAL RECORD — HOUSE January 21, 2015 Mr. WHITFIELD. Mr. Speaker, I you can’t build a new coal plant in help us get more natural gas where it yield myself such time as I may con- America. Existing coal plants, many of needs to go. sume. them are going to be going out of busi- Now, my colleague also mentioned I would just like to clarify that H.R. ness because of extreme regulations of the issue about the Northeast elec- 161 is certainly not any drastic piece of this climate-driven administration. We tricity supply or prices, and I just legislation. have heard testimony about the esca- wanted to address that concern. New The Energy Policy Act of 2005 des- lating prices of electricity for people. England is using more natural gas to ignated the Federal Energy Regulatory This is designed to provide the infra- generate electricity and more natural Commission as the lead agency charged structure to get the natural gas where gas for heating homes than in the past, with coordinating and reviewing nat- it needs to be, and the Northeast is one and on the coldest winter days, when ural gas pipeline project applications; of those areas. That is really what this natural gas is needed for heating or therefore, FERC conducts the environ- bill is about. It is about giving FERC electricity, there is more demand, but mental review of each project as re- some real authority, setting in statute this bill doesn’t do anything to solve quired under the National Environ- that these agencies must act within a that problem. mental Policy Act, NEPA, and is given certain amount of time. The problem in New England isn’t authority to set deadlines for other I reserve the balance of my time. caused by pipeline applications that agencies to issue an approval or denial Mr. PALLONE. Mr. Speaker, I yield take too long to get approved by of an associated permit. myself such time as I may consume. FERC; the problem is that the pipeline When these applications are filed at I really don’t understand. I respect companies aren’t even submitting the FERC, the application also is given to my colleague from Kentucky a great applications because they haven’t fig- other agencies that may have jurisdic- deal, but he seems to be arguing that ured out who is going to pay for these tion over the Clean Water Act, maybe we need the deadlines in this bill to new pipelines. The pipeline companies like the Corps of Engineers, the Clean hold Federal agencies accountable and haven’t been satisfied there is a suffi- Air Act, the EPA perhaps, or Endan- ensure that they don’t just somehow cient year-round demand to justify and gered Species; so it is not like they just sit on the applications. finance the pipelines. have 90 days to look at this. They get As I have already noted, since 2009, That is an issue that FERC is look- the application the same time as FERC FERC has completed action on 91 per- ing at and has been holding stake- does. cent of natural gas pipeline applica- holder conferences about, but this has The problem that FERC has had—and tions within 12 months, so a 12-month nothing to do with Mr. POMPEO’s bill. they have had both Democrat and Re- deadline isn’t needed for more than 90 b 1445 publican Commissioners come to Con- percent of the applicants. Cutting corners on the permitting gress and say that they need more au- My colleagues have asked: Well, what process isn’t going to help additional thority over these other agencies, so is the problem with holding the re- pipeline capacity built for the North- this bill does precisely that. maining 9 percent to a 12-month dead- east. I don’t think we ought to be Once FERC has made a final deter- line? Well, the problem is it becomes a blaming the government for every mination and completed its process, it one-size-fits-all approach that fails to problem, which is what I hear my col- gives the other agencies another 90 consider a wide range of applications leagues on the Republican side doing. days—even though they have been that FERC has to review. The reality is that FERC and the gov- working on it for a year in advance of Some of the applications are for new ernment didn’t create this problem. It that—another 90 days to complete it, projects—again, a small number— is a problem of economics, and the fast- and if they want another 30 days, then which span hundreds of miles, cross er we understand that the faster we can they can do that as well. waterways and wetlands, and pass try to find a solution, but let’s not act I would just say that this is not rush- through neighborhoods and habitats of as if FERC’s inability to act is the ing the process; it is simply completing threatened wildlife; and questions of problem here. That is not the case. the 2005 Energy Policy Act that gives eminent domain need to be considered. I reserve the balance of my time. FERC authority. We give them author- In these cases, there can be unresolved Mr. WHITFIELD. Mr. Speaker, I ity, but we don’t give them any en- safety, environmental, and legal issues yield myself such time as I may con- forcement mechanism, and so this is at the local or State level. sume. precisely what this legislation does. Again, as I said, the President has When we had hearings on this bill, I might also add that having dead- said that he would veto this bill. In the the natural gas pipeline industry esti- lines for agencies to act when doing en- Statement of Administration Policy, mated that by the year 2035 an esti- vironmental reviews or issuing permits they specifically say: mated $8 billion each year would need is not really that strange or unique of The small percentage of decisions that to be spent to keep pace with the an- an idea. Canada, Australia, and most have taken longer than 1 year involve com- ticipated need for more pipeline infra- European Union nations have deadlines plex proposals that merit additional review structure. for their environmental regulatory and consideration. The gentleman from New Jersey (Mr. agencies to act. Mr. Speaker, if there is a complex PALLONE) is absolutely correct in that Any person that is doing any kind of project or there is some unaddressed Congress can’t make these decisions. business in America knows the bu- risk to safety or the environment, we Private companies have to make the reaucracy that we all run into, and it is need to allow FERC or other Federal decision if they are going to invest the easy to criticize bureaucracies. We agencies the time to ensure that the dollars to build these pipelines, but know that they are dedicated, com- pipeline is safe, so we don’t have an ac- they have talked to us—the FERC mitted citizens trying to protect the cident like what occurred in Edison, Commissioners have talked to us— environment, protect the American New Jersey, in my district. about the fact that some of these agen- people, and we commend them for The last thing anyone needs, includ- cies are just delaying for no apparent doing that, but we also know that they ing the pipeline owner, is a pipeline ex- reason. As I said earlier, when the ap- frequently let things slide. plosion or other dangerous pipeline plication is filed at FERC, the other It is easy to lose the process. We hear malfunction, and these things have oc- agencies receive those applications, common complaints—nonstop—about curred. I witnessed it myself in my dis- and they have the same amount of delay, delay, delay. We know from trict. time to work on it. This legislation hearings on this—this bill has already I am just saying don’t put a hard simply sets some guidelines for these passed the House once—but we know deadline on the most complex projects Federal agencies so that, when FERC from hearings that the Northeastern that raise the possibility that FERC completes its chore—and it is the quar- United States is really vulnerable to will be forced to approve a pipeline terback in the decision of approving not having sufficient natural gas to that is not safe or to reject an applica- these pipelines—these agencies must meet their needs. tion solely because the Commission also step up to the plate. They are closing nuclear power lacks sufficient time for an adequate This legislation is not radical in any plants. The President is making sure review that will hinder rather than way. It is certainly not rushing the

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.037 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H457 process. It is not doing that. Pursuant the position of deciding issues with re- order to compete in the global market- to the 2005 Energy Policy Act, it is gard to statutes like the Clean Water place. That is what H.R. 161 is about, simply making it a more efficient, Act and the Endangered Species Act, and I would urge Members to support speedy process while, at the same time, which they really have nothing to do this legislation that was drafted by Mr. protecting the environment and the with. POMPEO of Kansas. best interests of the American people. We considered this bill in the last I yield back the balance of my time. I reserve the balance of my time. Congress, Mr. Speaker, and FERC made Mr. GENE GREEN of Texas. Mr. Speaker, The SPEAKER pro tempore. Does the it clear that it was not necessary or I rise today in opposition to H.R. 161, a bill gentleman from New Jersey have addi- helpful, and the administration threat- that claims to expedite applications for con- tional speakers? ened to veto the bill. Nothing has struction of natural gas pipelines in the United Mr. PALLONE. Mr. Speaker, I do changed. The administration has again States. not, and I yield myself such time as I threatened to veto this bill. It is very First, let me say as a native Houstonian and may consume. early in this new Congress. I remain as a Democrat, I support American energy de- I am not going to read the whole committed to developing sound energy velopment. thing, Mr. Speaker, but I did just want policy with my Republican colleagues. The energy revolution that has taken place to make reference to some part of the If they want to have some hearings on over the last decade is unlike anything I’ve Statement of Administration Policy’s this bill and go through the regular seen in my lifetime. saying that the President would veto order of the committee process, that is The natural gas plays currently developed in the bill: fine as there will be more opportunity Pennsylvania, Ohio, and Texas are solely re- The administration recognizes the need for to review it. sponsible for the recovery the U.S. has seen. additional energy infrastructure and sup- I don’t think this bill will help any- Low natural gas prices have given our in- ports the timely consideration of project ap- one, but I think it may hurt a lot of dustries an advantage over international com- plications. The administration, however, strongly opposes the bill because it would people, including those who want to petitors. allow the automatic approval of natural gas build the pipeline. Instead of spending Low natural gas prices have given our pipeline projects if the FERC or other Fed- our time debating a bill that will never homeowners cheaper electric bills. eral agencies do not issue the required per- become law, I hope we can begin soon Low natural gas prices have resulted in mit, license, or approval within rigid, un- to have some serious discussion about lower emissions and smaller contributions to workable timeframes. sound and sustainable energy policy. In climate change. H.R. 161 could create conflicts with exist- the meantime, I would urge my col- To reap those benefits, however, we need ing statutory and regulatory requirements and practices and preclude opportunities for leagues to vote against this particular pipelines to move that product from the field to engaging the public and potentially im- piece of legislation. market. pacted communities, thereby causing confu- I yield back the balance of my time. I can confidently say, I am a big supporter sion and the risk of increased litigation. The Mr. WHITFIELD. Mr. Speaker, in of pipelines. bill’s requirements could force agencies to summation, I urge the passage of H.R. The stacks of raw materials and finished make decisions based on incomplete infor- 161, and I yield myself such time as I pipe in my district are probably unlike any mation or information that may not be may consume. other district in the country. available, including potential environmental I would note once again that, during Pipelines are the most economically efficient and community impacts of the proposed the hearings on this legislation, Com- and environmentally sound method of moving pipelines, within the stringent deadlines, and missioners at FERC—both Republican to deny applications that otherwise would oil and natural. have been approved but for the lack of suffi- and Democrat—said that more ac- I am an advocate of building more pipelines. cient review time. For these reasons, the bill countability was needed for agencies I have co-sponsored legislation to build do- may actually delay projects or lead to more that issue permits that are necessary mestic and international pipelines to facilitate project denials, undermining the intent of to construct natural gas pipelines. energy development. the legislation. Many people have raised the issue I have advocated for expediting the applica- I stress to my colleagues on the other that the President has said he would tion process, so that our federal agencies pro- side that we understand there is a need veto this bill. That is his job, that is vide private investors certainty. for more pipelines, and we understand his responsibility, and that is the type Unfortunately, I cannot support H.R. 161. that these pipelines have to be ap- of government we have. We have a leg- While I am an advocate of all things natural proved in a timely fashion, but there is islative branch, we have an executive gas, I am not in favor of completely circum- no reason to believe that that is not branch, and we have a judiciary venting the permitting process. happening now. The danger here is branch. The legislative branch’s re- About a decade ago, the Federal Energy that, in a case when these do have to sponsibility is to pass legislation that Regulatory Commission (FERC), which has ju- have a more intensive review because it deems necessary. If the President risdiction over pipeline approvals, had some of safety or health or environmental wants to veto it, let him veto it and issues. concerns, we may actually do the oppo- give his reasons. Then the American We worked closely with the industry and the site. Either they are going to be denied people can listen to both sides and de- agency to improve the processes and because the agencies don’t have enough cide what they think is the right direc- timelines so that we could get pipe built in this time, or, God forbid, they get approved tion to go. country quickly. when they shouldn’t be. I would stress once more that the En- FERC has done an admirable job working Again, I just don’t quite understand ergy Information Agency data from with industry and other key stakeholders to im- what this is all about. It seems like the last year’s winter cold snap during the prove the process. Republicans have a bill that they think month of January showed that residen- Currently, FERC approves the majority of is going to accomplish their goal and tial natural gas prices in Pennsylvania permits in less than 18-to-24 months. won’t but that has a danger of really were 14 percent above the national av- Where there are problems and delays with risking the safety of residents, and I erage; in New Jersey, 18 percent higher; other permits, namely at the local and state have already witnessed that in the case in New York, 24 percent higher; in level and FERC is working to resolve those of a pipeline explosion in my district. Vermont, 60 percent higher. One of the issues. I just think that what the Repub- reasons given is the lack of infrastruc- Unfortunately, this bill does nothing to ad- licans are doing is blaming FERC and ture to get natural gas to where it dress those issues. that they are trying to come up with a needs to go in the Northeast. This bill sets a timeline for FERC and if that solution for a problem that doesn’t This is a commonsense bill that is timeline expires, then any permit is approved. exist; but in the process of all of that, being presented to help solve this prob- Our federal agencies have an oversight role they are going to jeopardize the possi- lem of energy needs in America. If we to play and allowing permit applications to es- bility of the fact that some of these are going to be competitive in the glob- sentially ‘‘run out the clock’’ when issues arise pipelines might be approved without al marketplace, yes, we need good, low- is a way to circumvent our federal process. enough safety or environmental or cost residential electricity prices, but In Energy and Commerce, we put a lot of health concerns. It seems to me that it we also need low-cost manufacturing work into this bill and I want to thank my col- makes no sense at all to put FERC in and heavy industry electricity prices in leagues for working closely with our side.

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\K21JA7.039 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H458 CONGRESSIONAL RECORD — HOUSE January 21, 2015 But, I cannot support H.R. 161 and I urge Believe me. At the time that that ex- fects on communities and the environ- my colleagues to oppose the bill as well. plosion occurred in Durham Woods in ment. This commonsense amendment The SPEAKER pro tempore. All time my district, there were many instances would protect taxpayers from ever hav- for debate has expired. when we had to have environmental ing to pay the costs of a pipeline explo- Pursuant to House Resolution 38, the cleanups and when the community was sion. I hope we never see another nat- previous question is ordered on the bill. exposed to tremendous damage. It ural gas pipeline explosion, but that The question is on the engrossment seems to me that, under the cir- would require that history not repeat and third reading of the bill. cumstances, this motion to recommit itself. The bill was ordered to be engrossed makes perfect sense. I urge my colleagues to vote for this and read a third time, and was read the Mr. Speaker, let me point out that motion to recommit and to vote third time. there have been many pipeline explo- against the underlying bill because of MOTION TO RECOMMIT sions, but I am not going to go through the danger it poses to the communities Mr. PALLONE. Mr. Speaker, I have a the entire list. In fact, the one in my and the environment. motion to recommit at the desk. district is one that is mentioned here. Mr. PALLONE. Mr. Speaker, once The SPEAKER pro tempore. Is the Beginning in just the last 10 or 15 again, I listened to my colleague from gentleman opposed to the bill? years, there have been numerous explo- California talk about the dangers from Mr. PALLONE. I am opposed. sions, so we are not talking about pipelines. These dangers are real. We The SPEAKER pro tempore. The something that doesn’t happen. have had many explosions over the Clerk will report the motion to recom- I yield to the gentleman from Cali- years, including in my own district. I mit. fornia (Mr. AGUILAR). think this bill really puts at risk the The Clerk read as follows: Mr. AGUILAR. Mr. Speaker, natural possibility of another pipeline explo- Mr. Pallone moves to recommit the bill gas pipeline explosions do happen. sion. It doesn’t provide for enough safe- H.R. 161 to the Committee on Energy and Last week, a pipeline exploded in ty or environmental review. Commerce with instructions to report the Mississippi. Last year, pipelines ex- I urge that Members support the mo- same back to the House forthwith, with the ploded in Minnesota, Nebraska, North following amendment: tion to recommit because, at a min- At the end of the bill, add the following Dakota, and Kentucky. In 2013, a pipe- imum, it would provide some liability new section: line south of Dallas exploded. Reports in some way to effectuate a cleanup SEC. 3. PIPELINE OWNER RESPONSIBILITY IN described the massive explosion as and pay for the damages that come THE EVENT OF AN EXPLOSION. ‘‘shooting flames high in the air and from an explosion that might take The provisions of this Act shall not take prompting evacuations from nearby place. effect unless the Federal Energy Regulatory homes and a school district,’’ with Mr. Speaker, I yield back the balance Commission, in consultation with appro- black smoke visible for some 20 miles. of my time. priate regulatory agencies, determines that Mr. WHITFIELD. Mr. Speaker, I in the implementation of this Act— In 2010, a natural gas pipeline exploded (1) taxpayers will not be held liable for any in San Bruno, California, in my home withdraw my point of order and claim repair or environmental cleanup from a nat- State, causing an explosion that killed the time in opposition to the motion. ural gas pipeline explosion; and eight people and destroyed 38 homes. The SPEAKER pro tempore. The res- (2) pipeline owners will bear full responsi- Even as technology has improved, pipe- ervation is withdrawn. bility for damages in any community result- lines have failed. The gentleman from Kentucky is rec- ing from a natural gas pipeline explosion, in- We should make clear with this legis- ognized for 5 minutes. cluding for loss of life. lation that, in the event of the cata- Mr. WHITFIELD. Mr. Speaker, I Mr. WHITFIELD (during the read- strophic failure of a pipeline, taxpayers want to thank the gentleman from New ing). Mr. Speaker, I reserve a point of are not liable for the hundreds of mil- Jersey and the gentleman from New order on the motion to recommit. lions or billions of dollars in damages York for raising this safety issue be- The SPEAKER pro tempore. A point that these explosions can cause. Com- cause, obviously, safety is of para- of order is reserved. panies are responsible for the safety mount importance to all of us. That is The Clerk will continue to read. and reliability of their pipelines, and why we do have the Pipeline and Haz- The Clerk continued to read. we should ensure that they are also lia- ardous Materials Safety Administra- The SPEAKER pro tempore. Pursu- ble for the damages caused by those tion, or PHMSA, which has the respon- ant to the rule, the gentleman from pipelines. sibility of making sure that these pipe- New Jersey is recognized for 5 minutes lines operate in as safe a manner as in support of his motion. b 1500 possible. We also recognize that we Mr. PALLONE. Mr. Speaker, as I Last year, when this very bill came never get to a point where it is abso- mentioned during the general debate, I before the Committee on Energy and lutely safe. and my constituents witnessed and Commerce, the president of the Pipe- Really, H.R. 161 does not have any- went through a few years ago, when I line Safety Trust testified. This group thing to do with PHMSA. Our com- was in Congress, a natural gas pipeline is a national, independent, nonprofit mittee does have jurisdiction over explosion. It was devastating to the watchdog organization created using PHMSA. We have had a lot of hearings community. We had many people who funds from a settlement reached in the on it. We are going to continue to have lost their homes. It was, actually, sev- aftermath of a pipeline explosion in hearings because we want to maximize eral apartment buildings. Even to this Washington State that killed three pipeline safety. day, the memory of that is very much people. The Trust’s president testified This legislation is not about any- ingrained in the minds of the residents that ‘‘rushed, or worse, incomplete re- thing except perfecting the 2005 Energy of Durham Woods, which is the largest views resulting in automatic approvals Policy Act that gave FERC the quar- municipality that I represent in Edi- pose a threat to public safety.’’ terbacking authority for approving son, New Jersey. To be clear, this is not an organiza- these natural gas pipelines from the as- Basically, what we are saying in this tion that opposes new pipelines. They pect of their impact on clean water, motion to recommit is that the provi- only focus on pipeline safety, and they clean air, and endangered species. sions of this act will not take effect un- have serious problems with this bill And so this legislation simply gives less the FERC determines that tax- and its effects on public safety for new FERC the authority that many of its payers will not be held liable for any pipelines. Their president pointed out Commissioners asked for, and that is repair or environmental cleanup from a that this bill treats a ‘‘10-mile pipeline that they have some authority to con- gas pipeline explosion and that the across a barren desert the same as a vince these agencies to start looking at pipeline owners will bear full responsi- 1,400-mile pipeline that crosses mul- the impacts of the applications earlier bility for the damage to the commu- tiple ecosystems and through dense in the process rather than at the end. nity resulting from a natural gas pipe- population areas where it could pose a And so even after the 1-year process is line explosion, including loss of life. It threat to the life or property of citi- over, they still have 90 days. They may seems to me that that is the minimum zens living nearby.’’ ask for another 30 days. we should expect when there is such an Mr. Speaker, pipelines can fail. And Because of that reason—that this is explosion. those failures can have disastrous ef- not a pipeline safety bill, it is a process

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.021 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H459 bill—I would respectfully request that Vela Wasserman Welch YODER changed their vote from ‘‘yea’’ Vela´ zquez Schultz Yarmuth we defeat this motion to recommit. Visclosky Waters, Maxine to ‘‘nay.’’ And I look forward to working with the Walz Watson Coleman Mrs. BEATTY, Ms. MAXINE gentleman from New Jersey and others WATERS of California, Mrs. WATSON NAYS—241 on pipeline safety as we have hearings COLEMAN, Messrs. RUPPERS- Abraham Grothman Pittenger and legislation about PHMSA. Aderholt Guinta Pitts BERGER, JOHNSON of Georgia, Ms. With that, I yield back the balance of Allen Guthrie Poe (TX) ADAMS, and Mr. CUELLAR changed my time. Amash Hanna Poliquin their vote from ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. Without Amodei Hardy Pompeo So the motion to recommit was re- Babin Harper Posey objection, the previous question is or- Barletta Harris Price (GA) jected. dered on the motion to recommit. Barr Hartzler Ratcliffe The result of the vote was announced There was no objection. Barton Heck (NV) Reed as above recorded. The SPEAKER pro tempore. The Benishek Hensarling Reichert Bilirakis Herrera Beutler Renacci The SPEAKER pro tempore. The question is on the motion to recommit. Bishop (MI) Hice (GA) Ribble question is on the passage of the bill. The question was taken; and the Bishop (UT) Hill Rice (SC) The question was taken; and the Speaker pro tempore announced that Black Holding Rigell Speaker pro tempore announced that Blackburn Hudson Roby the noes appeared to have it. Blum Huelskamp Roe (TN) the ayes appeared to have it. Mr. AGUILAR. Mr. Speaker, on that Bost Huizenga (MI) Rogers (AL) Mr. PALLONE. Mr. Speaker, on that I demand the yeas and nays. Boustany Hultgren Rogers (KY) I demand the yeas and nays. Brady (TX) Hunter The yeas and nays were ordered. Rohrabacher The yeas and nays were ordered. Brat Hurd (TX) Rokita The SPEAKER pro tempore. Pursu- Bridenstine Hurt (VA) Rooney (FL) The SPEAKER pro tempore. This ant to clause 9 of rule XX, the Chair Brooks (AL) Issa Ros-Lehtinen will be a 5-minute vote. Brooks (IN) Jenkins (KS) Roskam will reduce to 5 minutes the minimum Buchanan Jenkins (WV) The vote was taken by electronic de- time for any electronic vote on the Ross Buck Johnson (OH) Rothfus vice, and there were—yeas 253, nays question of passage of the bill, if or- Bucshon Jolly Rouzer 169, not voting 11, as follows: dered. Burgess Jordan Royce Byrne Joyce [Roll No. 41] The vote was taken by electronic de- Russell Calvert Katko Ryan (WI) YEAS—253 vice, and there were—yeas 182, nays Carter (GA) Kelly (PA) Salmon Abraham Fincher Loudermilk 241, not voting 10, as follows: Chabot King (IA) Sanford Chaffetz King (NY) Aderholt Fitzpatrick Love Scalise [Roll No. 40] Clawson (FL) Kinzinger (IL) Allen Fleischmann Lucas Schock Coffman Kline Amash Fleming Luetkemeyer YEAS—182 Schweikert Cole Knight Amodei Flores Lummis Scott, Austin Adams Foster Meeks Collins (GA) Labrador Ashford Fortenberry MacArthur Sensenbrenner Aguilar Frankel (FL) Meng Collins (NY) LaMalfa Babin Foxx Marchant Sessions Ashford Fudge Moore Comstock Lamborn Barletta Franks (AZ) Marino Shimkus Bass Gabbard Moulton Conaway Lance Barr Frelinghuysen Massie Shuster Beatty Gallego Murphy (FL) Cook Latta Barton Garrett McCarthy Simpson Becerra Garamendi Nadler Costello (PA) LoBiondo Benishek Gibbs McCaul Smith (MO) Bera Graham Napolitano Cramer Long Bilirakis Gibson McClintock Beyer Grayson Neal Crawford Loudermilk Smith (NE) Bishop (MI) Gohmert McHenry Bishop (GA) Green, Al Nolan Crenshaw Love Smith (NJ) Bishop (UT) Goodlatte McKinley Blumenauer Grijalva Norcross Culberson Lucas Smith (TX) Black Gosar McMorris ´ Bonamici Gutierrez O’Rourke Curbelo (FL) Luetkemeyer Stefanik Blackburn Gowdy Rodgers Boyle (PA) Hahn Pallone Davis, Rodney Lummis Stewart Blum Graham McSally Brady (PA) Heck (WA) Pascrell Denham MacArthur Stivers Bost Granger Meadows Brown (FL) Higgins Payne Dent Marchant Stutzman Boustany Graves (GA) Meehan Brownley (CA) Himes Pelosi DeSantis Marino Thompson (PA) Boyle (PA) Graves (LA) Messer Bustos Honda Peters DesJarlais Massie Thornberry Brady (PA) Graves (MO) Mica Butterfield Hoyer Peterson Diaz-Balart McCarthy Tiberi Brady (TX) Griffith Miller (FL) Capps Huffman Pingree Dold McCaul Tipton Bridenstine Grothman Miller (MI) Capuano Israel Pocan Duffy McClintock Trott Brooks (AL) Guinta Moolenaar ´ Cardenas Jackson Lee Polis Duncan (SC) McHenry Turner Brooks (IN) Guthrie Mooney (WV) Carney Jeffries Price (NC) Duncan (TN) McKinley Upton Buchanan Hanna Mullin Carson (IN) Johnson (GA) Quigley Ellmers McMorris Valadao Buck Hardy Mulvaney Cartwright Johnson, E. B. Rangel Emmer Rodgers Wagner Bucshon Harper Murphy (FL) Castor (FL) Jones Rice (NY) Farenthold McSally Walberg Burgess Harris Murphy (PA) Castro (TX) Kaptur Richmond Fincher Meadows Walden Bustos Hartzler Neugebauer Chu (CA) Keating Roybal-Allard Fitzpatrick Meehan Walker Byrne Heck (NV) Newhouse Cicilline Kelly (IL) Ruiz Fleischmann Messer Walorski Calvert Hensarling Noem Clark (MA) Kennedy Ruppersberger Fleming Mica Walters, Mimi Carter (GA) Herrera Beutler Norcross Clarke (NY) Kildee Rush Flores Miller (FL) Weber (TX) Chabot Hice (GA) Nugent Clay Kilmer Ryan (OH) Fortenberry Miller (MI) Webster (FL) Chaffetz Hill Nunes ´ Cleaver Kind Sanchez, Linda Foxx Moolenaar Wenstrup Clawson (FL) Holding Olson Clyburn Kirkpatrick T. Franks (AZ) Mooney (WV) Westerman Coffman Hudson Palazzo Cohen Kuster Sanchez, Loretta Frelinghuysen Mullin Westmoreland Cole Huelskamp Palmer Connolly Langevin Sarbanes Garrett Mulvaney Whitfield Collins (GA) Huizenga (MI) Paulsen Conyers Larsen (WA) Schakowsky Gibbs Murphy (PA) Williams Collins (NY) Hultgren Pearce Cooper Larson (CT) Schiff Gibson Neugebauer Wilson (SC) Comstock Hunter Perry Costa Lawrence Schrader Gohmert Newhouse Wittman Conaway Hurd (TX) Peters Courtney Lee Scott (VA) Goodlatte Noem Womack Cook Hurt (VA) Peterson Crowley Levin Scott, David Gosar Nugent Woodall Costa Issa Pittenger Cuellar Lewis Serrano Gowdy Nunes Yoder Costello (PA) Jenkins (KS) Pitts Cummings Lieu (CA) Sewell (AL) Granger Olson Yoho Cramer Jenkins (WV) Poe (TX) Davis (CA) Lipinski Sherman Graves (GA) Palazzo Young (AK) Crawford Johnson (OH) Poliquin Davis, Danny Loebsack Sinema Graves (LA) Palmer Young (IA) Crenshaw Jolly Pompeo DeFazio Lofgren Sires Graves (MO) Paulsen Young (IN) Cuellar Jones Posey DeGette Lowenthal Slaughter Green, Gene Pearce Zeldin Culberson Jordan Price (GA) Delaney Lowey Smith (WA) Griffith Perry Zinke Curbelo (FL) Joyce Ratcliffe DeLauro Lujan Grisham Speier Davis, Rodney Katko Reed DelBene (NM) Swalwell (CA) NOT VOTING—10 Denham Kelly (PA) Reichert DeSaulnier Luja´ n, Ben Ray Takai Dent King (IA) Renacci Carter (TX) Hastings Perlmutter Deutch (NM) Takano DeSantis King (NY) Ribble Duckworth Hinojosa Dingell Lynch Thompson (CA) Wilson (FL) DesJarlais Kinzinger (IL) Rice (SC) Farr Johnson, Sam Doggett Maloney, Thompson (MS) Diaz-Balart Kline Rigell Forbes Nunnelee Doyle (PA) Carolyn Titus Dold Knight Roby Edwards Maloney, Sean Tonko Duffy Labrador Roe (TN) Ellison Matsui Torres b 1532 Duncan (SC) LaMalfa Rogers (AL) Engel McCollum Tsongas Messrs. GROTHMAN, BARLETTA, Duncan (TN) Lance Rogers (KY) Eshoo McDermott Van Hollen Ellmers Latta Rohrabacher Esty McGovern Vargas CLAWSON of Florida, BURGESS, Emmer LoBiondo Rokita Fattah McNerney Veasey MOOLENAAR, HUELSKAMP, and Farenthold Long Rooney (FL)

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.043 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H460 CONGRESSIONAL RECORD — HOUSE January 21, 2015 Ros-Lehtinen Smith (MO) Walorski ELECTING MEMBERS TO CERTAIN to foreign terrorists who threaten to Roskam Smith (NE) Walters, Mimi STANDING COMMITTEES OF THE disrupt the Middle East peace process Ross Smith (NJ) Weber (TX) Rothfus Smith (TX) Webster (FL) HOUSE OF REPRESENTATIVES is to continue in effect beyond January Rouzer Stefanik Wenstrup Mr. BECERRA. Mr. Speaker, by di- 23, 2015. Royce Stewart Westerman The crisis with respect to grave acts Russell Stivers rection of the Democratic Caucus, I Westmoreland of violence committed by foreign ter- Ryan (WI) Stutzman Whitfield offer a privileged resolution and ask Salmon Thompson (PA) rorists who threaten to disrupt the Williams for its immediate consideration. Sanford Thornberry Wilson (SC) Middle East peace process that led to Scalise Tiberi The Clerk read the resolution, as fol- Wittman the declaration of a national emer- Schock Tipton lows: Womack gency on January 23, 1995, has not been Schrader Trott H. RES. 40 Schweikert Turner Woodall resolved. Terrorist groups continue to Scott, Austin Upton Yoder Resolved, That the following named Mem- engage in activities that have the pur- Sensenbrenner Valadao Yoho bers be and are hereby elected to the fol- Sessions Vela Young (AK) lowing standing committees of the House of pose or effect of threatening the Middle Shimkus Wagner Young (IA) Representatives: East peace process and that are hostile Young (IN) Shuster Walberg (1) COMMITTEE ON AGRICULTURE.—Ms. to United States interests in the re- Zeldin Simpson Walden Adams, Ms. Graham, and Mr. Ashford. gion. Such actions continue to pose an Sinema Walker Zinke (2) COMMITTEE ON THE BUDGET.—Mr. Yar- unusual and extraordinary threat to NAYS—169 muth (to rank immediately after Mr. Van the national security, foreign policy, Hollen), Mr. Norcross, and Mr. Moulton. Adams Gallego Napolitano and economy of the United States. (3) COMMITTEE ON HOUSE ADMINISTRATION.— Aguilar Garamendi Neal Therefore, I have determined that it is Ms. Lofgren and Mr. Vargas. Bass Grayson Nolan necessary to continue the national Beatty Green, Al O’Rourke (4) COMMITTEE ON NATURAL RESOURCES.— Becerra Green, Gene Pallone Mrs. Torres, Mrs. Dingell, Mr. Takai, and emergency declared with respect to Bera Grijalva Pascrell Mr. Gallego. foreign terrorists who threaten to dis- Beyer Gutie´rrez Payne (5) COMMITTEE ON OVERSIGHT AND GOVERN- rupt the Middle East peace process and Bishop (GA) Hahn Pelosi MENT REFORM.—Mr. Lieu of California, Mrs. to maintain in force the sanctions Blumenauer Higgins Pingree Watson Coleman, Ms. Plaskett, Mr. Bonamici Himes Pocan against them to respond to this threat. DeSaulnier, and Mr. Brendan F. Boyle of Brown (FL) Honda Polis BARACK OBAMA. Brownley (CA) Hoyer Price (NC) Pennsylvania. THE WHITE HOUSE, January 21, 2015. Butterfield Huffman Quigley (6) COMMITTEE ON SCIENCE, SPACE, AND Capps Israel Rangel TECHNOLOGY.—Mr. Beyer. f Capuano Jackson Lee Rice (NY) (7) COMMITTEE ON SMALL BUSINESS.—Mrs. MARCH FOR LIFE Ca´ rdenas Jeffries Richmond Lawrence. Carney Johnson (GA) Roybal-Allard (8) COMMITTEE ON VETERANS’ AFFAIRS.— (Mr. MULLIN asked and was given Carson (IN) Johnson, E. B. Ruiz permission to address the House for 1 Cartwright Kaptur Ruppersberger Miss Rice of New York. Castor (FL) Keating Rush Mr. BECERRA (during the reading). minute.) Castro (TX) Kelly (IL) Ryan (OH) Mr. Speaker, I ask unanimous consent Mr. MULLIN. Mr. Speaker, I rise Chu (CA) Kennedy Sa´ nchez, Linda that the resolution be considered as today because I believe every life is a Cicilline Kildee T. gift. Our Nation was built on the right Clark (MA) Kilmer Sanchez, Loretta read and printed in the RECORD. Clarke (NY) Kind Sarbanes The SPEAKER pro tempore. Is there to life. Our Founding Fathers wrote Clay Kirkpatrick Schakowsky objection to the request of the gen- that all men are created equal and that Cleaver Kuster Schiff we are endowed by the Creator with Clyburn Langevin Scott (VA) tleman from California? Cohen Larsen (WA) Scott, David There was no objection. certain undeniable rights: the right to Connolly Larson (CT) Serrano The resolution was agreed to. life, liberty, and the pursuit of happi- Conyers Lawrence Sewell (AL) A motion to reconsider was laid on ness. Our government was instituted to Cooper Lee Sherman secure these rights, not take them Courtney Levin Sires the table. away. Crowley Lewis Slaughter f Cummings Lieu (CA) Smith (WA) Mr. Speaker, I stand with hundreds Davis (CA) Lipinski Speier b 1545 of thousands of people from across the Davis, Danny Loebsack Swalwell (CA) DeFazio Lofgren Takai CONTINUATION OF THE NATIONAL country who have traveled to our Na- DeGette Lowenthal Takano EMERGENCY WITH RESPECT TO tion’s Capital to tell lawmakers that Delaney Lowey Thompson (CA) TERRORISTS WHO THREATEN TO we must protect the innocent and that DeLauro Lujan Grisham Thompson (MS) we must fight for those who cannot de- DelBene (NM) Titus DISRUPT THE MIDDLE EAST DeSaulnier Luja´ n, Ben Ray Tonko PEACE PROCESS—MESSAGE fend themselves. I am proud of the Deutch (NM) Torres FROM THE PRESIDENT OF THE many young people who are in Wash- Dingell Lynch Tsongas ington, D.C., this week to defend life. Doggett Maloney, Van Hollen UNITED STATES (H. DOC. NO. 114– Doyle (PA) Carolyn Vargas 5) You are a voice for the voiceless, and Edwards Maloney, Sean Veasey you are the future. Ellison Matsui Vela´ zquez The SPEAKER pro tempore laid be- I am proud to join so many of my col- Engel McCollum Visclosky fore the House the following message leagues in this Chamber today to de- Eshoo McDermott Walz from the President of the United Esty McGovern Wasserman fend life and spread this message that Farr McNerney Schultz States; which was read and, together every life is a gift. Fattah Meeks Waters, Maxine with the accompanying papers, referred f Foster Meng Watson Coleman to the Committee on Foreign Affairs Frankel (FL) Moore Welch and ordered to be printed: PAYCHECK PROGRESS Fudge Moulton Wilson (FL) Gabbard Nadler Yarmuth To the Congress of the United States: (Mr. SWALWELL of California asked Section 202(d) of the National Emer- and was given permission to address NOT VOTING—11 gencies Act (50 U.S.C. 1622(d)) provides the House for 1 minute and to revise Brat Hastings Lamborn for the automatic termination of a na- and extend his remarks.) Carter (TX) Heck (WA) Nunnelee tional emergency unless, within 90 Mr. SWALWELL of California. Mr. Duckworth Hinojosa Perlmutter Forbes Johnson, Sam days prior to the anniversary date of Speaker, as the President noted in his its declaration, the President publishes State of the Union address last in the Federal Register and transmits to evening, we should be proud of the b 1542 the Congress a notice stating that the progress we have made since the Great So the bill was passed. emergency is to continue in effect be- Recession. But there is too much to do yond the anniversary date. In accord- still on growth, especially on the issue The result of the vote was announced ance with this provision, I have sent to of paycheck progress. as above recorded. the Federal Register for publication the For most Americans, especially in A motion to reconsider was laid on enclosed notice stating that the na- the San Francisco Bay Area, here is the table. tional emergency declared with respect our reality: costs all around us are

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.016 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H461 going up, and wages are staying flat. he did. I urge my fellow colleagues to I am proud to support many of the That is a right angle that is taking support this commonsense bill. priorities laid out in last night’s speech American families in the wrong direc- f because they put practicality above tion. partisan politics. Let’s hope for the For paycheck progress we must in- MARCH FOR LIFE sake of the American people that this vest in infrastructure, reform our Tax (Mr. RODNEY DAVIS of Illinois Congress does the same. Code so that it is fairer for all Ameri- asked and was given permission to ad- f cans, and, finally, ensure equal pay for dress the House for 1 minute and to re- THE 42ND ANNIVERSARY OF ROE equal work. vise and extend his remarks.) V. WADE Mr. Speaker, instead of addressing Mr. RODNEY DAVIS of Illinois. Mr. these issues, many House Republicans Speaker, I rise today to recognize the (Mr. EMMER asked and was given are calling for giveaways to special in- thousands of students from across the permission to address the House for 1 terests, rolling back critical women’s country who are participating in to- minute.) health protections, and holding Home- morrow’s March for Life event. I am Mr. EMMER. Mr. Speaker, on the land Security funding hostage to win praying for safe travels for all the 42nd anniversary of Roe v. Wade, I political points. Let’s be real. In the groups from my district, including St. stand with my colleagues in defense of nineties it was: It is the economy, stu- Thomas More High School, St. Louis innocent human life. My wife and I pid. You ask any American family Parish—the parish I attended Mass at were blessed with seven beautiful chil- today: It is my paycheck, stupid. this weekend—Holy Trinity in dren, each with their own unique gifts. If we focus on one thing this Con- Stonington, Illinois, and the Illinois Since Roe v. Wade, more than 56 mil- gress, let’s make sure that it is the Life Caravan as they drive through the lion unborn babies have been robbed of paycheck of working-class Americans. night and travel almost 800 miles to the chance to reach their true poten- The American people deserve better come to Washington to stand up for tial. Our Nation’s role as a defender of the than what is being served up. Let’s what they believe in. rights to life and liberty erode with work together on paycheck progress, Mr. Speaker, I have renewed hope each innocent life that is taken. This is not partisanship. and faith in our Nation’s young people not a partisan issue or a judgment of as I see students from high school to f others. But we must never stop defend- elementary school age showing their ing the rights of those who cannot 42ND ANNIVERSARY OF ROE V. commitment to life. I am proud to be speak for themselves. WADE pro-life. I believe it is my duty and Mr. Speaker, in an era where com- (Mr. MESSER asked and was given part of my faith to stand up for those mon ground can be hard to find, I am permission to address the House for 1 who cannot speak for themselves, and I honored to serve with the men and minute and to revise and extend his re- will continue to do so as I serve in this women dedicated to the protection of marks.) great Congress. these most basic of liberties. Mr. MESSER. Mr. Speaker, 3,288 per In the words of Pope Francis: f day, 137 per hour, one every 26 sec- All life has inestimable value. Even the onds—that is how many children are weakest and most vulnerable, the sick, the THE PAIN-CAPABLE UNBORN denied their God-given right to life old, the unborn, and the poor are master- CHILD PROTECTION ACT each and every day. As we mark the pieces of God’s creation, made in His own (Mr. CONAWAY asked and was given 42nd anniversary of Roe v. Wade, we image, destined to live forever and deserving of the utmost reverence and respect. permission to address the House for 1 should remember each of those chil- minute and to revise and extend his re- Mr. Speaker, I want to thank all of dren and the potential each had. marks.) Mr. Speaker, I am unapologetically those who are standing here for life Mr. CONAWAY. Mr. Speaker, this pro-life and have been a longtime sup- with us. House tomorrow will consider H.R. 36, porter of efforts to protect the unborn. f the Pain-Capable Unborn Child Protec- Because every human life is precious, AMERICA STANDS AT THE tion Act, and I will support that bill we must continue to fight for those CROSSROADS because it protects most of the chil- who cannot fight for themselves. dren in these circumstances. But I will (Mr. YARMUTH asked and was given Today I stand on behalf of those chil- do so with a heavy heart because it permission to address the House for 1 dren and of future children who may does not protect all children. Every minute.) never have a chance. We must stand to- child at 20 weeks and older deserves Mr. YARMUTH. Mr. Speaker, last gether and never forget until the battle protection from the violence per- night President Obama addressed the for life is won. petrated on them in the womb by late- Nation and reminded us of the cross- f term abortions. roads at which we stand: Do we con- THE GRAND JURY REFORM ACT Mr. Speaker, this bill does not pro- tinue on the path we are on where only tect all children because it gives an ex- (Mr. JOHNSON of Georgia asked and a select few prosper while so many ception for children conceived in rape was given permission to address the families struggle? Or will we instead and incest. No child 20 weeks and older House for 1 minute and to revise and work to rebuild our middle class, grow should be subjected to that, regardless extend his remarks.) our economy, and create new opportu- of the circumstances in which they are Mr. JOHNSON of Georgia. Mr. Speak- nities for success? conceived. er, today I introduced the Grand Jury But here today, Mr. Speaker, listen- Mr. Speaker, I encourage my col- Reform Act, which requires the ap- ing to my colleagues on the other side leagues to work to try to correct that pointment of a special prosecutor to of the aisle, it is clear that the prior- injustice as well, and I hope efforts are conduct an investigation and present ities of this body’s majority are not in afoot to make this bill perfect in the the results to a judge in an open court- line with the majority of Americans. sense that it would protect every single room proceeding whenever a police of- The American people don’t want child 20 weeks and older because none ficer kills an individual while on duty. more of the same. They want better ac- of them deserve less. After police officers killed two un- cess to education, better infrastruc- f armed black men in 2014 and secret ture, and an honest chance at the grand juries failed to indict these offi- American Dream. They want a fair col- MARCH FOR LIFE cers, I am honoring Dr. King’s legacy lege loan system, and they want the re- (Mr. PITTENGER asked and was by offering legislation that restores lief of knowing that their retirement given permission to address the House trust in our justice system while ensur- and their parents’ retirement is safe for 1 minute and to revise and extend ing a fair process for all. and sound, not left to the whims of his remarks.) Mr. Speaker, we are the beneficiaries Wall Street. As President Obama made Mr. PITTENGER. Mr. Speaker, I rise of Dr. King’s legacy, and we must face clear, they want a tax system that re- today in honor and respect of the thou- our challenges with the same resolve as wards work, not wealth. sands of people who will come to our

VerDate Sep 11 2014 06:30 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.051 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H462 CONGRESSIONAL RECORD — HOUSE January 21, 2015 city to rally to give support to the life b 1600 nocents and, ultimately, murder of in- of the unborn. Twenty-five years ago PROTECTING THE RIGHTS OF THE nocence of our country as well that in while in London I saw a video that de- UNBORN its inception was established on a prin- picted the life, as they described it, of ciple that was well known, well under- the baby. It wasn’t anything less than The SPEAKER pro tempore. Under stood, and put into our Declaration of a baby. the Speaker’s announced policy of Jan- Independence that said: Mr. Speaker, I am a father, and I am uary 6, 2015, the gentleman from New We hold these truths to be self-evident, a grandfather. I have got nine grand- Jersey (Mr. SMITH) is recognized for 60 that all men are created equal and endowed children. Every life is precious. Who is minutes as the designee of the major- by their creator with certain unalienable to know, Mr. Speaker, that that un- ity leader. rights, among them the right to life, liberty, and the pursuit of happiness. born baby might be the curer for can- Mr. SMITH of New Jersey. I yield to cer or might be the curer for Alz- the distinguished gentlelady from Mis- It all begins with life. I will never heimer’s? Only God knows. souri, ANN WAGNER. forget 8 years ago as I stood in a ma- I thank the leadership for bringing Ms. WAGNER. Mr. Speaker, I appre- ternity ward at Northwestern Univer- forth this legislation tomorrow. I re- ciate and thank the gentleman for sity Hospital and waited for word from spect them for doing it. We need to yielding and for hosting this very im- the room where my daughter-in-law was giving birth to our first two grand- rally in support to show our commit- portant Special Order today and for his children, twins John Timothy and ment to the life of the unborn. lifetime of service in protecting the rights of the unborn, those who have no Micah Todd. f voice. Micah Todd is now 8 years old, Mr. Speaker, I rise today in support happy, healthy, moving forward. John Timothy we look forward to seeing him HOUR OF MEETING ON TOMORROW of the sanctity of life. Sadly, tomorrow is the 42nd anniversary of Roe v. Wade, again some day in heaven. For 8 days Mr. SMITH of New Jersey. Mr. and hundreds of thousands of people, he lived on this Earth. He fought after Speaker, I ask unanimous consent that including pro-life advocates from my being born with his twin brother at 26 when the House adjourns today, it ad- own hometown of St. Louis, Missouri, weeks. I watched them as they fought journ to meet at 9 a.m. tomorrow. will gather in our Nation’s capital in for life. I watched them at less than 12 The SPEAKER pro tempore (Mr. honor of the over 56 million precious inches long, one pound, 12 ounces, MOONEY). Is there objection to the re- angels we have lost since that infa- fighting for life, understanding in their quest of the gentleman from New Jer- mous Supreme Court decision, not to own way that this is what they were sey? mention the millions of women who supposed to do. They were capable of There was no objection. have been adversely affected in the pain. They were capable of doing what nature’s God had enabled them to do. f aftermath of their abortion, both phys- ically and emotionally. That changed my life more than ever before, though back in 1982 I ran for GENERAL LEAVE I first participated in the March for Life 25 years ago this week, in 1990. I the State house on the issue of life itself. That is what brought me out of Mr. SMITH of New Jersey. Mr. was 28 years old with a real bad hairdo, the pulpit as a pastor and brought me Speaker, I ask unanimous consent that and I was 12 weeks pregnant with my into the arena to try to promote life all Members may have 5 legislative son Stephen. At that point, at 12 weeks and go away from that terrible decision days in which to revise and extend in my pregnancy, Stephen was able to their remarks and include extraneous that the Supreme Court put upon us. suck his thumb. A few weeks later, at Now I think 42 years later we have material on the topic of our Special 15 weeks, he could make facial expres- Order. seen gains in this country, as we will sions and he had taste buds. By 17 see millennials come out of Metro The SPEAKER pro tempore. Is there weeks, Stephen began to kick. By week objection to the request of the gen- tubes tomorrow, as we will see young 18, his ears had developed and he could people standing in front of us speaking tleman from New Jersey? hear. By week 20, not only was Stephen There was no objection. for life, declaring their desire to see able to recognize my voice as his moth- abortion ended, and I am hopeful that er, but he was capable of feeling pain. f in our day we will see that take place While killing an unborn child is un- not because of religion, not even be- conscionable at anytime, it is espe- cause of politics, but because of people REAPPOINTMENT OF INDIVIDUALS cially abhorrent at the 20-week mark TO SERVE AS THE GOVERNING understanding the sanctity of life, un- when a child is able to feel the pain of derstood by the prophet Jeremiah when BOARD OF THE OFFICE OF CON- an abortion. GRESSIONAL ETHICS he said after the words of God himself: Mr. Speaker, the theme of this year’s Before I was formed in my mother’s womb, The SPEAKER pro tempore. The march is ‘‘Every Life is a Gift,’’ and I you knew me and declared the days of my Chair announces the Speaker’s re- truly believe that life at all stages, life. appointment, pursuant to section 4(d) from conception to natural death, is, Mr. Speaker, my colleague from New of House Resolution 5, 114th Congress, indeed, a gift. I am for the life of the Jersey, all of my colleagues who will and the order of the House of January baby. I am also for the life of the moth- stand in defense of life, I say thank 6, 2015, of the following individuals to er and oftentimes the victim. you. Let’s not give up, because we are serve as the Governing Board of the Of- I will continue to work and to pray on the right side. fice of Congressional Ethics: for the day when abortion is not only Mr. SMITH of New Jersey. I now Nominated by the Speaker with the illegal, but abortion is unthinkable. yield to the gentleman from Indiana, concurrence of the Minority Leader: Mr. SMITH of New Jersey. I want to MARLIN STUTZMAN. Mr. Porter J. Goss, Florida, Chair- thank Ms. Wagner for her very elo- Mr. STUTZMAN. Mr. Speaker, I man quent statement and for her long serv- thank the gentleman from New Jersey Mr. James M. Eagan, III, Colorado ice on behalf of the unborn and equally for his tireless work on this, such an Ms. Allison R. Hayward, Virginia for their mothers as well. important issue for our day and age. Ms. Judy Biggert, Illinois, alternate I yield to TIM WALBERG. Mr. Speaker, on this 42nd anniver- Nominated by the Minority Leader Mr. WALBERG. Mr. Speaker, I thank sary of Roe v. Wade, we must remem- with the concurrence of the Speaker: the gentleman from New Jersey for ber the innocent lives who were never Mr. David Skaggs, Colorado, Co- putting this Special Order together on given a chance to live the American Chairman the 42nd anniversary of an infamous Dream. Since 1973, tens of millions of Brigadier General (retired) Belinda decision, Roe v. Wade, Mr. Speaker, innocent unborn children have been de- Pinckney, Virginia where I believe the Supreme Court nied an opportunity to grow and to be Ms. Karan English, Arizona stepped out of their role and unconsti- successful. Mr. Mike Barnes, Maryland, alter- tutionally set up the course that has In America, we are always espousing nate gone on to this day, the murder of in- the belief that anything is possible,

VerDate Sep 11 2014 03:19 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.052 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H463 that anyone can achieve their dreams port this bill, and I encourage my col- Mr. SMITH of New Jersey. I now if they set their minds to it, and yet it leagues to support it as well. Think of yield to DOUG LAMALFA from Cali- is here in this country where we deny what we would be saying if we were to fornia. those dreams to so many. reject this bill. b 1615 Mr. Speaker, I was born in 1976, and Now, I understand that there are ex- I am so thankful that my mother, at ceptions, and I recognize the woman’s Mr. LAMALFA. Mr. Speaker, I thank the age of 17, chose life and gave me health is just as important as her my colleague the gentleman from New the gift of life, because my Federal child. Thus, we made reasonable med- Jersey (Mr. SMITH) for leading this Spe- Government at the time 3 years earlier ical judgment exceptions, which would cial Order today, and also for the com- said it was okay for her to end it if she be made in the case of rape, incest, or ments started out by the gentlewoman so chose. an endangerment of the mother’s life. from Missouri (Mrs. WAGNER), very Most of us have very strong feelings As I conclude, I would like to reit- heartfelt, that reflect the importance about the value of life. We must con- erate my opening remarks. Each life is of this. tinue to seek opportunities to promote sacred. Each life has a right to protec- Mr. Speaker, I rise today in strong a culture of life that protects the inno- tion. I urge my colleagues to help to support of the sanctity of human life cent. defend the innocent lives of America’s and to recognize those who will be in Tomorrow, tens of thousands of peo- unborn children and represent those Washington, D.C., tomorrow for the ple from all across the country will de- who cannot represent themselves. March for Life. I am pleased to join my scend on The National Mall to cham- Mr. SMITH of New Jersey. Mr. STEW- colleagues and individuals who have pion the belief that every life is a gift, ART, thank you very much for your traveled from near and far to be in soli- and Congress will have an opportunity statement and your leadership as well. darity to protect the rights of the un- to act and show that we are listening I now yield to Mr. YOHO, the gen- born. I applaud those marchers who through the Pain-Capable Unborn Child tleman from Florida. come here year after year despite snow, Mr. YOHO. Mr. Speaker, I want to Protection Act, a bill that I urge my rainy conditions, and cold conditions thank my dear colleague, Mr. SMITH, colleagues to support. to stand up for such a vital cause. It is for holding this important pro-life Spe- We may meet some obstacles, but the their efforts and determination which cial Order that gives a life to the un- pro-life movement will not be shaken. gives substance and meaning to this born. year’s theme, ‘‘Every Life is a Gift’’— We will continue to fight to protect the I stand here today in defense of the unborn. We will continue to fight and and to march for the truth. thousands of unborn children whose As a parent, I wish all parents would provide a voice for those who do not lives were ended through no fault of understand what the gift is that the have one. We will continue to fight be- their own. These children are precious Lord has bestowed with one of these cause we believe that America should gifts and cannot defend themselves. young lives upon you. That is part of be a place where everyone is protected They do not have the luxury to debate our mission, to help them understand, by law and welcomed to life. This is whether or not society should recog- to educate. That is part of the mission our goal, and I pray that together we nize them as living beings. will achieve it. As a Christian and the proud father of the March for Life, to appreciate Mr. SMITH of New Jersey. I want to also of three children, I strongly be- that these are gifts, even through the thank my friend for his, again, very lieve in the sanctity of life and that it hard times. We have struggles in all fine statement and for his leadership as begins at conception. My heart aches matters of our lives, and that is an im- well. for the thousands of unborn children portant one we have to get through as I yield to CHRIS STEWART from Utah. who will never have that chance to ex- well. To understand these blessings Mr. STEWART. Mr. Speaker, I join perience the wonder of life. that these lives are. with my colleagues in thanking my Life is truly a miracle granted Mr. Speaker, I stand before you to friend Mr. SMITH for giving us this op- through the grace of nature’s God, and convey to these marchers that their portunity to address such an important I am here today to say every life is a voice will be heard and will continue to and a deeply personal issue. gift and every life does matter. be heard as we fight for the dignity of I am the proud father of six children, It has been 42 years since the Su- human life. and nothing in the world means more preme Court made their ruling in Roe Mr. SMITH of New Jersey. I thank to me. My life changed forever the first v. Wade. Since that ruling, an esti- the gentleman for his incisive com- time I held my first son. I look at my mated—and I want to repeat this, an ments and for welcoming the marchers sons and daughters, and I am humbled estimated—55 million lives have been tomorrow, which will be a great cele- by the responsibility it is to be their lost. That is more than the total popu- bration of life but also a restatement of parent, and I am touched always by the lation of the northeast States. That is the determination we have in defending power and the blessing of life. more than the population of the State life. Now I am a grandfather, and that of California. I now yield to the gentleman from fact alone makes my life very good. Future generations will look back Pennsylvania (Mr. ROTHFUS). This week we commemorate the anni- and judge us. They will judge us on our Mr. ROTHFUS. Mr. Speaker, I thank versary of one of the most significant failure to protect the most innocent the gentleman from New Jersey. What Supreme Court cases in the history of among us. They will judge us for allow- a privilege it is to be here with the gen- the United States, of course, Roe v. ing infanticide, human genocide of our tleman from New Jersey, who has been Wade. next generation yet to come. fighting this fight for a very long time. We also welcome thousands of pro- This week, the defenders of life in the I remember back to my college days in life activists who came to our Nation’s thousands have and will come to Wash- the 1980s seeing you standing for life. Capital to participate in the March for ington, D.C., to support the sanctity of I rise today to commemorate the 2015 Life. Think about that title for a mo- life. This has grown into the largest March for Life, appropriately themed ment, the March for Life. It is ex- pro-life event in the world. I want them ‘‘Every Life is a Gift.’’ Life begins at tremely important as Members of Con- to know we will keep fighting to defend conception and must be defended at gress to stand up for those who do not the silent, unborn child. every stage. Whether for the unborn, have a voice to stand up for them- How can we as a nation—how can we the disabled, the elderly, we must pro- selves, our precious unborn children. as a nation—have laws that protect the mote a culture of life. This can and Tomorrow the House will vote on embryo of a sea turtle or bald eagle but must be done through our public policy H.R. 36, the Pain-Capable Unborn Child yet refuse to protect the same of our that is made here in Washington, D.C., Protection Act, which protects the own species? Shouldn’t the lives of the just as it is being done throughout the lives of unborn by banning abortions at unborn children matter as much as country in our communities. or after 20 weeks of pregnancy. With these in the eyes of the law? Across the country there are many medical evidence that an unborn child These lives, these gifts, these human places, thousands of pro-life pregnancy is capable of experiencing pain by at beings deserve to be protected and de- centers, places like Choices Pregnancy least 20 weeks, if not earlier, I will sup- fended. Services in western Pennsylvania,

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.053 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H464 CONGRESSIONAL RECORD — HOUSE January 21, 2015 which does important work helping protect those, the most innocent the rally watching the Congressman families say ‘‘yes’’ to life by offering among us. and saying: Gosh darnit, I wish I could free medical and counseling services For over 30 years Congress has pre- be like him. What can I do? and helping women in need. vented taxpayer-funded abortions. Un- That is what I would like to talk As we prepare to march tomorrow on fortunately, this door has been re- about tonight: What can we do to make the anniversary of Roe v. Wade, a deci- opened with the passage of ObamaCare, a difference? Of course, as we will see sion that the late Justice Byron White the largest expansion since the pivotal tomorrow, a tremendous level of polit- described as an exercise in raw judicial Roe v. Wade decision was made 42 years ical involvement with tens, perhaps power, I urge my colleagues to join me ago. Members who stand here before hundreds of thousands of folks showing in committing to defend the sanctity of you today pledge themselves to protect up here from all over the country. Gen- life. I also ask my colleagues to join those without a voice, and I look for- erally you have people from Kansas to me in supporting the Pain-Capable Un- ward to working with my colleagues to lead the march, and it is great to see born Child Protection Act. ensure this promise is kept. It is only some kids from Benedictine College Mr. SMITH of New Jersey. I thank by making good on this oath that we and throughout my district as well get- Mr. ROTHFUS for his statement today. can expect to restore the trust that the ting involved, making a difference, He has been a true rising star and a American people have in their own gov- both here in Washington and in their leader in defending the sanctity of life. ernment, and in doing so, ensure that State capital, coming here for the I now yield to the gentleman from the door to taxpayer-funded abortions March for Life, which we hashtagged Tennessee (Mr. ROE), a physician who remains closed. ‘‘Why We March.’’ has delivered over 5,000 babies. Let me just tell a brief story I was What else can we do? Very quickly, Mr. ROE of Tennessee. Mr. Speaker, I telling Congressman SMITH before we we can help and assist women and fam- thank the gentleman for yielding. Be- came onto the House floor. Over 25 ilies in crisis pregnancies. There are fore I start, I want to say a few things years ago, my partner delivered a baby, hundreds and hundreds of facilities about my good friend CHRIS SMITH. Of and I will just say ‘‘Smith’’ for privacy across the country that offer free help the 435 of us who serve here in the purposes. Baby Smith weighed about 1 and free care, outreach for those in House of Representatives, no one in pound 6 ounces over 25 years ago. Well, very difficult situations. We can do this body has been a stronger voice for the chances of that baby surviving that. life than CHRIS. CHRIS, thank you. were minimal. Baby Smith got down to The second thing we can do is en- Hopefully one day we will see this egre- less than one pound. I went by the in- courage families, current families, en- gious law overturned. Your persever- tensive care nursery and saw this tiny courage marriage. Marriage is a found- ance over now four decades is exem- baby that I thought would never make ing block of our society, of our civiliza- plary. Thank you so much. it. Well, Baby Smith did make it, and tion. The more we can encourage mar- Mr. Speaker, as an OB–GYN, I have I was on a trip to Walmart with my riage, the more we can encourage fami- personally delivered over 5,000 babies, kids one day, and there was this young- lies and the more we can help our un- and I strongly support the sanctity of ster there with a pair of glasses on, born. life. Using technology like the 3–D just like his doctor had. He was 2 years ultrasound has given us a window into We can also consider adoption. For old, and he was doing like any other 2 those who are listening today who are the womb that shows the unborn child year old—he was knocking everything as a living, breathing, feeling human wondering, maybe that should be for off the shelf at Walmart. Wouldn’t it me—sometimes it might be one spouse. being. I have looked through that win- have been a shame—and we are dow with my own eyes literally thou- Sometimes it might be another. I was aborting babies much larger than Baby with a couple of friends this weekend sands of times, and I have seen human Smith—and Baby Smith is alive and development occur from the earliest just talking about that, saying, think well today, thriving in our country and about it, pray about it, consider it, be- stages of conception. When you see a being a productive citizen in this coun- heartbeat at 26 days post-conception, cause there are literally tens of thou- try. sands, hundreds of thousands of young already dreams are being developed by As a father and a grandfather, I am that mother and father about what this folks who are looking for homes. So privileged to be here on the House floor please consider that. baby will be in their lifetime. I have tonight with other legislators fighting And lastly, I ask, please pray for the been fortunate enough to experience for the rights of the unborn. unborn, please pray for birth families, that three times, and it is a wonderful CHRIS, thank you, and I thank my feeling to know that this little person colleagues. God bless each and every and please pray for those who are con- is going to be your child and grow up to one of you. sidering adoption. be who knows what. All of the way Mr. SMITH of New Jersey. Thank Lastly, I want to briefly thank the through birth we see this, which you very much for your kind state- four birth families who blessed our strengthens my conviction in the right ment, and also for your leadership both family with children. Some of them I to life. as a physician, a obstetrician, and also know, some of them I do not. Two of Life is a precious miracle from God as a lawmaker. It has made a huge dif- them are in foreign countries and two that begins at conception. It is our re- ference. I want to say that publicly. of those families are here in this coun- sponsibility and privilege as legislators You provide insight and guidance that try. But that is a tough decision. I am to protect those who do not have a all of us benefit from. so thankful for the men and women of voice. I will always fight for life be- I yield to the gentleman from Kansas this country that chose life and offered cause it is my conviction that we are (Mr. HUELSKAMP). up their children for adoption. all unique creations of a God who Mr. HUELSKAMP. Thank you, Con- Mr. SMITH of New Jersey. Thank knows us and loves us before we are gressman. I know we probably sound you very much for sharing that very born. like a broken record—and for the personal story, which is very touching. Tonight we mark one of the most marchers coming in tomorrow, that is I now yield to the gentleman from tragic, misguided Supreme Court cases something that they used before there Michigan (Mr. HUIZENGA). in our Nation’s history: Roe v. Wade. were CDs. Isn’t that great—we have all Mr. HUIZENGA of Michigan. I appre- Since 1973, more than 50 million babies, of these marchers coming in who don’t ciate my friend from New Jersey yield- as has been stated here numerous even know what a record is because ing me this time, and I rise today to times, have been denied the most basic they are so young. In the battle for join my colleagues and thousands of right in this country, protected by our life, we are winning with this genera- Americans who will be marching on Constitution, which is the right to life. tion. They understand the reality of Washington, D.C., tomorrow because We must make our laws consistent when life begins. I am so thankful for every life truly is a gift, which is this with our science now and restore full that, and I am so thankful for CHRIS year’s Right to Life march theme. It legal protections to all those who are SMITH’s leadership. has been talked about, the millions of waiting to be born. If government has Like one of my earlier colleagues, I young lives that have been tragically any legitimate function at all, it is to remember being on the other side of cut short.

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.055 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H465 But I, like my colleague and our eral taxpayer funding for abortions for making sure that they are here to have friend from Kansas, who was just talk- law-abiding citizens on Medicaid, as their voices heard. ing about his personal experience with well as citizens who are in Federal pris- I also want to extend my sincere adoption, I come from a place in west- on, why not the DHS and why not in thanks and appreciation to those who ern Michigan that has really embraced these detention areas? It only makes have tirelessly worked for years to de- the notion of adoption. We have a num- sense to apply those same life-affirm- fend the right to life; and, again, I ber of friends and neighbors who have ing standards to immigration detainees thank the gentleman for his efforts. done both domestic and international as well. Mr. SMITH of New Jersey. Thank you very much, Mr. LATTA. adoption. In fact, one family is now on b 1630 their third adoption from Africa, and I yield to the gentleman from Florida this time they are coming home with a This is an easy fix, Mr. Chairman, (Mr. MICA). brother and sister for four kids, adding and I am hopeful that this year the Mr. MICA. Thank you, Mr. SMITH, for yielding, and thank you also for calling to their own natural five that they Senate and the President will agree to this Special Order, particularly as Con- have. And I must add that, a little jok- our bill language and follow the prece- gress, tomorrow, will take up an im- ingly, we are not Catholic typically in dent as consistent with current admin- portant issue relating to the unborn. western Michigan, we are just pas- istration policy in the other Federal Mr. Speaker and my colleagues, of all sionate Protestants. We are wanting to agencies. I, too, want to say thank you the responsibilities given to Congress share that gift of life and opportunity for your leadership in this area and ap- under our Constitution, none is more for those children who have that poten- preciate the opportunity to spend some important than to protect and preserve tial that their parents see and go time on the floor. life. through a difficult decision to put Mr. SMITH of New Jersey. Thank you very much, Mr. HUIZENGA. I want Throughout the history of govern- them up, and whether it is domesti- ments, through the entire course of the cally or internationally, we are so to thank you, BILL, for your leadership on pro-life issues in general, but espe- world as we know it, governments have pleased that they have done that. had the power to decide who dies and It is also why, because life being so cially for your legislation that deals who lives. Our Founding Fathers estab- precious, why my wife, Natalie, and I with the detainees issue because that lished the United States to ensure the have been active through our church could quickly emerge as a trouble spot protection of first life, liberty, and the and Michigan Right to Life, and my if we are paying for abortions of people pursuit of happiness for all of our citi- wife particularly through the Lake- who make it across the border. That zens. shore Pregnancy Center, a crisis preg- would be unconscionable to think that we would be enabling the killing of As the people’s Congress, we pass nancy center that she has been on the laws that define life. We pass laws that board of for a number of years that is those precious children, so thank you. I yield to the gentleman from Ohio define life for all Americans, including helping young men and women make the unborn. No matter that comes be- those difficult choices in those difficult (Mr. LATTA). Mr. LATTA. Thank you very much. I fore this Congress or our society is life circumstances. more important than the matter of I understand, and I know my col- appreciate the gentleman for yielding, protecting the lives of our citizens; leagues know this as well. This is very and also, I want to extend my thanks and, my colleagues, no citizen is more difficult. It is very emotional. These for all your many, many years of work vulnerable or helpless than the unborn. are issues that have affected so many and leadership to protect the life and lives of the unborn. We really appre- Our Nation, in respect for life and the of us. As we deal with difficult cir- unborn, must not waver. Protecting cumstances where these pregnancies ciate everything you have done, and I know, across the country, it is appre- human life at every opportunity must have arisen, whether it is through rape be our only option and certainly our or through mistakes that have been ciated. Mr. Speaker, I do rise today to voice moral responsibility. made to have these unplanned preg- As thousands of pro-life Americans my support for the right to life of un- nancies, I think we need to show that express their support for the unborn at born children. During my time in the love and that mercy that we have been our Nation’s Capital this week, I wel- Ohio General Assembly and, now, as a shown at various times in our life. come them, and I also hope and pray Member of Congress, I have always I do want to encourage my colleagues that their voice is heard. in the House, though, to take a close been a strong supporter of pro-life leg- Mr. SMITH of New Jersey. Thank islation. I firmly believe we must be look at a loophole, an issue that I be- you, Chairman MICA. came aware of a couple of years ago. vigilant in protecting the sanctity of I yield to the gentleman from Penn- Over the previous two Congresses, I in- human life. sylvania, JOE PITTS, and just before I troduced something called the Home- As previously mentioned by other do, I note that Mr. PITTS not only land Security Respect For Life Act and Members, it is heartbreaking to know chairs the Subcommittee on Health for worked with my friend and Appropria- that, since 1973, there have been more the Energy and Commerce Committee, tions member, Representative ADER- than 55 million abortions in the United but prior to coming to Washington, he HOLT, to attach language to the annual States. Fortunately, a report released was one of the prime authors of a Department of Homeland Security Ap- in February 2014 found abortion rates sweeping pro-life law in Pennsylvania propriations bill. and ratios are continuing to decline in that has saved countless lives. This commonsense bill simply pre- the United States and the rate of abor- Mr. PITTS. Mr. Speaker, first, I want vents hardworking taxpayer dollars tion has dropped to its lowest since its to thank CHRIS SMITH for his leadership from paying for abortions through the legalization; however, there is still over the years. He is one of the people, DHS programs that currently would more work to be done. That is why I along with Henry Hyde, that I admired fund abortions for detainees who lack continually support legislation to pro- from afar, and when I was elected 18 lawful status here in the United States. tect the unborn. years ago, I told him I want to come In fact, this bill codifies pro-life lan- Tomorrow, tens of thousands of our and hold up his arms in this fight for guage that is already found in the ICE, fellow citizens will be in Washington to life. He has been a real champion and Immigration and Customs Enforce- participate in the March for Life, and I just a terrific leader here in the Con- ment, manual on detention standards. salute them for their steadfastness in gress. I want to thank him for that. But since this manual lacks a basis in our cause for life. They will be here to I heard in a congressional life forum law and the weight of law, it can be let their voices be heard. a few years ago a lady by the name of changed at any time by unelected bu- I can speak that, in our church, I Frederica Mathewes-Green—she was reaucrats. know that we sponsor a couple of buses president of the Feminists for Life— Well, I think it is time for us to put that will be coming down from Bowling and she said something I will never for- the DHS in line with other depart- Green State University, my alma get. She said: ments of the government and codify mater. There will be high schoolers Abortion is the most violent form of death this and make sure that this is crystal from across my district that will be known to mankind. It is death by dis- clear. Our current policy prohibits Fed- here, and we salute them, again, for memberment, decapitation, and poisoning.

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.056 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H466 CONGRESSIONAL RECORD — HOUSE January 21, 2015 She said: the children at this age who smile in week are painful, violent, and harmful, Abortion breaks a mother’s heart. the womb, who suck their thumb, who even to the mothers. It is time to end She said: hiccup, who have dream patterns on this horrible procedure. There are always two victims in an abor- the brainwaves, who react to light if it This week, we will continue to mourn tion. One is the baby, and one is the mother; is intrauterine or a pinprick. the lives cut short in the inhuman one is dead, one is wounded. These are very tiny but knowing, wake of Roe v. Wade. We pray for God’s I never forgot those statements of learning individuals. They have no one continued comfort, grace, and mercy to this great feminist leader. I think her to speak for them. They are voiceless, those touched by abortion. focus is right. We need to keep that so we have an obligation to speak for Every life has value, and we have a focus where it is, where she had it: on those who cannot speak for themselves, duty to protect the lives of those who the mother, on the baby. who can’t run away, who face this hor- are the most innocent among us. I will We are talking here about babies who rific type of death, and the mothers continue to be among those fighting to are in their 6th, 7th, 8th, 9th month of who carry them. do just that. pregnancy. For the first 5 months, a I would urge Members, just like as b 1645 woman could have an abortion, but shown in the public polls, the majority after that, it bans abortion, and I want of Americans support the legislation. I Mr. SMITH of New Jersey. Thank to say this: I was first elected in 1972, would like to thank the leadership for you, Doug. inaugurated 3 weeks before Roe v. moving the legislation and like to say I would like to now close, and I want Wade and Doe v. Bolton, so I have been that we are admonished in the scrip- to thank my distinguished colleagues involved in these battles for the whole tures that if we see someone drawn to for their eloquent statements in de- time. death and we do not speak up, we do fense of life. This is the first time in my memory nothing, that we will be held respon- Mr. Speaker, 42 years ago tomorrow that our leadership has moved sub- sible because, really, nothing is doing marks the U.S. Supreme Court’s infa- stantive legislation on the anniversary something, silence is consent. mous, reckless, and inhumane aban- of Roe v. Wade on the day of the With the other pro-life people, Mem- donment of women and babies to the march. They should be applauded for bers, and our great champion, I urge abortionists—42 years of victims, dead that. This is significant. the Members to support this legisla- babies, wounded women, shattered fam- In 2 years, if things go the way we tion. ilies; 42 years of government-sanc- hope, with a new Republican President Mr. SMITH of New Jersey. Thank tioned violence against women and and a House and a Senate, 2 years from you very much, Mr. PITTS. Again, I children. Since 1973, more than 56 mil- tomorrow, we could very well see this want to thank you for your leadership lion—maybe 57 million—children have legislation signed into law. That is how both at the State and, now, Federal been killed by abortion—a staggering important this is. It moves the bar level, especially as chairman of the loss of children’s lives, a death toll back on Roe v. Wade and Doe v. Bolton, committee that deals with health. that equates to the entire population those two infamous decisions that have Thank you so much. of England. resulted in 55 million unborn children I yield to the gentleman from Colo- The passage of time has not changed and women being affected by abortion. rado (Mr. LAMBORN), who has also been the fact that abortion is a serious, le- As CHRIS said, I was involved in au- an outspoken champion of the right to thal violation of fundamental human thoring the Pennsylvania Abortion life. rights. Rather than gull our con- Control Act, but I also was involved in Mr. LAMBORN. Mr. Speaker, tomor- sciences to the unmitigated violence of the Medicaid funding cutoff bill that row marks the 42nd anniversary of the abortion, however, the passage of time passed in Pennsylvania—I think that infamous Roe v. Wade Supreme Court has only enabled us to see better and to was about 1978—and we had a reporting decision, which legalized elective abor- understand better the innate cruelty of requirement in that bill, so that the tion in the U.S. abortion and its horrific legacy—vic- abortions that were due to rape and in- Elective abortion is an abhorrent tims—while making us more deter- cest had to be reported to the appro- practice that tragically remains a com- mined than ever to protect the weakest priate law enforcement or social serv- mon medical procedure performed in and most vulnerable. ice agencies. In his inaugural speech, President The year before our bill was passed the U.S. Every year, over 1 million into law, there were some 740 abor- abortions are performed here. Obama said in pertinent part: tions, Medicaid-funded abortions, due Since 1973, when Roe v. Wade was de- Together, we resolve that a great nation to so-called rape. The year after our cided, 57 million babies have been lost must care for the vulnerable, that all are created equal, and our journey is not com- bill was signed into law, there were 38. to abortion—57 million, Mr. Speaker. To put this in perspective, according to plete until all our children are cared for and This shows the importance of that pro- cherished and always safe from harm. vision into law of reporting to the ap- the last census numbers, 57 million is Yes, Mr. President. We must care for propriate authorities. about 18 percent of the U.S. population. If you remove that provision from This staggering loss of children’s lives the vulnerable, but that also includes the law—and some people want to do is unconscionable. unborn children and their mothers. No that—that would create a loophole for My wife, Jeanie, and I have been one gets left out or left behind. All peo- late-term abortions. As I said, for the blessed with five children and two ple are created equal, and our journey first 5 months, a woman could have an grandchildren, with one more on the is not complete until all of our chil- abortion, but in the later term, they way. I firmly believe that every life is dren, including the child in the womb, could not without the appropriate re- a precious gift from God, and I am are cared for and cherished and always porting to appropriate authorities. It wholly committed to protecting the safe from harm. would, I think, be a mistake, as some sanctity of life. Last night, right here in this Cham- would like to do, to remove those re- One critically important step to- ber, the President said to tell every quirements. wards protecting life is the Pain-Capa- child in every neighborhood, ‘‘Your life I just might conclude by saying that ble Unborn Child Protection Act that matters.’’ Again, Mr. Speaker, the we are one of only seven countries that we will be voting on tomorrow. I am a President is leaving out a whole class allow abortion at any point of preg- proud cosponsor of this bill that will of human beings, who because of the nancy. Some countries are appalled prohibit anyone from performing an fact they are in utero—the fact that that the United States would permit abortion on an unborn child that is 20 they are yet to be born—they are con- these late-term abortions. We had a fa- weeks or older. strued to be excluded from humanity mous case in Pennsylvania, the Kermit Medical research has shown that at and, therefore, from their basic human Gosnell clinic, which was outrageous least by the 20th week of a pregnancy, rights. It is unconscionable, Mr. Speak- when people find out what happened in unborn babies can feel pain. Polls have er. It is unconscionable. those late-term abortions. consistently shown that a majority of Let me also say, in talking about vic- Scientific studies tell us that chil- Americans support banning abortions tims, a couple of years ago, I met a dren feel pain in the womb. These are after 20 weeks. Abortions after the 20th woman named Linda Shrewsbury—an

VerDate Sep 11 2014 04:27 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.057 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H467 academic, an African American, with a is child abuse, Mr. Speaker. Not only is very different opinion than our Presi- degree from Harvard, who had an abor- this assault on a child inhumane, it is dent had last night. He said that public tion. She said: extremely painful as the child experi- debt is the greatest of dangers for our The lies that brought me to that day and ences that dismemberment. Again, I Nation to fear. I would suggest that to its sorrowful aftermath are crystal clear say that children, including children Jefferson was right, that the greatest in my mind—falsehoods and deceptions that with disabilities, deserve better treat- threat to our future generations is ac- concealed the truth about abortion. Lies ment than pain-filled dismemberment. tually economic security and domestic planted in my thinking by clever marketing Again, tomorrow is the March for security. I would like to speak for just and media campaigns and endless repetition Life, and there will be tens of thou- led to a tragic, irreversible decision—the a couple of moments about that and death of my first child. sands of people there who are speaking allow my colleagues to talk about out for the unborn and equally for Ms. Shrewsbury went on to say: other portions of the President’s re- their mothers. There will be numbers I really didn’t understand back then. At marks. age 20, I had no inkling of the mental and of women there from the Silent No Let’s first talk about the long-term emotional darkness I was about to enter. I More Awareness Campaign—all women threat to our economic security—our couldn’t have grasped the immense psycho- who have had abortions and who now national debt—a topic that was com- logical toll it would take for years into the speak out eloquently and with great pletely ignored in the President’s ad- future—unrelenting tears, guilt, shame, and compassion to say to women who are dress to the Nation last night. depression. After spending many years in de- post-abortive that there is hope, that Understand the significance of where nial, I did eventually find healing. there is reconciliation. Face the truth, we sit historically when it comes to Linda goes on to say: and that is the beginning to that rec- the national debt. When this President When I understood and rejected distortions onciliation. about fetal development, doublespeak about We will be there tomorrow, praying, took office, our national debt was just choice, rights, and planned and wanted chil- working, of course—even fasting—for over $10 trillion, meaning it had taken dren, I understood the reality and that day when every life is cherished as 220 years for our Republic—220 years— victimhood of my aborted child. a gift, every life loved despite one’s dis- to accumulate just over $10 trillion in She went on and concluded: ability, race, sex, color, religion, or debt, a number already far too high. In I understood the absence of moral basis for condition of dependency, when every the 8 years of this administration, an choosing to disentitle an innocent human life is welcomed no matter the incon- additional $10 trillion will be added being of life. When I embraced the truth, the venience. under this President’s watch. When he truth set me free, and I, finally, gained inner leaves his office, our debt will be over peace. Mr. Speaker, I yield back the balance of my time. $20 trillion. Some of my colleagues have men- f Mr. Speaker, that is a threat to our tioned the historic vote that we will national security. The greatest threat, take tomorrow on the Pain-Capable CONTRASTING VIEWS OF perhaps, to our national security, argu- Unborn Child Protection Act. This leg- GOVERNMENT ably, could be unwatched, out-of-con- islation, Mr. Speaker, as you know, is The SPEAKER pro tempore (Mr. trol spending and debt that ultimately a modest but necessary attempt to at GROTHMAN). Under the Speaker’s an- collapses our economic system and en- least protect babies who are 20 weeks nounced policy of January 6, 2015, the sures that we are no longer the world’s old and who are pain capable from hav- Chair recognizes the gentleman from greatest superpower. In fact, George ing to suffer and die from abortion. Florida (Mr. JOLLY) for 30 minutes. Washington, himself, admonished that I don’t know about you, Mr. Speaker, Mr. JOLLY. Mr. Speaker, I appre- we have a moral obligation to pay off but I, like, I think, most people, avoid ciate the opportunity to address the our debts during the life of the major- pain at almost all costs. When I have House and to address the country this ity, during our lifetimes. surgeries—when anyone has surgeries— afternoon and to do so with colleagues Rather than hearing from a Presi- I am put locally or generally under an- of mine from Alabama (Mr. BYRNE) and dent who doubled down on a very pro- esthesia so that I do not have to feel from Illinois (Mr. DAVIS) to draw a con- gressive agenda and who suggested the pain. The unborn child, when he or trast between the view of government with the rare audacity, as he did, that she is getting an intervention to help represented by our side of the aisle and our Nation is fine in that conflicts and cure a disability or to deal with disease of that which we heard last night from wars are over, in that our economy has or illness, gets anesthesia because we our President, a President who seem- returned, in that we have faster job now know beyond any reasonable doubt ingly ignored the will of the people as growth than European nations—and that unborn children who are at least expressed by the ballot box in Novem- yet the President suggested last night at 20-weeks’ gestation feel that pain. ber and who, instead, doubled down on that he wants to grow our government When the abortionist commits a D&E an agenda that we believe on our side in the very same manner that these abortion or one of the other abor- of the aisle is the wrong view of gov- European nations have today—and tions—D&E is literally a way of dis- ernment and the wrong direction for rather than tell us how to grow a gov- membering the child—they feel this our Nation. So I rise with my col- ernment we already can’t afford, I pain—‘‘they’’ being the children—and leagues today to talk about just a few would ask the President to present a it is excruciating. Children, including of the very substantive points and to plan to pay for the government we al- children with disabilities, deserve bet- do so very constructively and to ready have. ter treatment than pain-filled dis- present why we have a different view of memberment. government and why we think that is The greatest threat to future genera- I would point out to my colleagues important. tions is not climate change. It is our the expert testimony of Dr. Anthony I would start by suggesting this. If economic security, and it is also our Levatino’s before the House Judiciary we think about what the President said homeland security. Many on this side Committee. He is a former abortionist last night, in his words, the President of the aisle have grave reservations who has performed hundreds of dis- declared from the rostrum that no about the President’s current plan to memberment abortions. He described challenge poses a greater threat to fu- combat the war against ISIS, or ISIL— D&E. He said: ture generations than climate change. against radical extremists-terrorists The baby can be in any position inside the Now, I understand the sympathetic po- who intend to bring harm to the United uterus. Just reach in with a Sopher clamp, sition on climate change. I am from a States. That is a threat. That is a real and grasp whatever you can. coastal State, and, frankly, I am a threat. The former abortionist went on to member of the Republican Party who The President called for something say: believes that, indeed, the climate is last night that I strongly agree with. I Pull really hard, and out pops an arm. changing, but I do not believe that the think this body should have a robust Reach in again and again, and tear out the greatest challenge facing our future debate about an authorization to use spine, intestines, heart, and lungs. generations is that of climate change. military force. We owe it to the Amer- Pull out a severed arm. Tear out the In fact, you can harken back to the ican people, who sent us here, to rep- spine, intestines, heart, and lungs. This words of Thomas Jefferson. He had a resent them on this very critical issue

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.059 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H468 CONGRESSIONAL RECORD — HOUSE January 21, 2015 of what is our national policy to pro- came from Washington. It was an idea tant it is to give people an opportunity tect our homeland, to protect Amer- that came from Illinois. Brad Lavite, for a real education so that they can ican lives. the superintendent of the Madison move up in their lives. In fact, what is the current plan to County, Illinois, Veterans Assistance This May, the last of my four chil- arm Syrian rebels, and what is the Commission, came to me during the dren will finish college. We have had likelihood that that will actually be last Congress and said, Why is it that somebody in college in my family since successful when we have seen a lack of veterans who are getting their health 2003. I have been writing those tuition success in areas like Iraq? care through TRICARE and through checks, fees, et cetera. So I look at this Despite the declarations of last the Department of Defense count to- also from the point of view of someone night, I would challenge that we are wards the ObamaCare 50-employee who has had to be there writing those not as safe as, perhaps, the President limit in the employer mandate? checks, sending their young people to suggested. From the Middle East, to I came here, took his idea, and gar- college. But I am also the former chan- Africa, to Paris, to Yemen, to our very nered hundreds of cosponsors to put cellor of post-secondary education for own border, what is that plan? this on the floor of the House. It passed the State of Alabama. It was my job to House Republicans passed a border in the last Congress, but it got held up be the CEO of Alabama’s 2-year college security bill that reflected the will of in the Senate. It passed unanimously system, the community colleges for the the people last July, yet we heard in this Congress on day one, and that State of Alabama. And so I bring a cer- nothing last night—not a single com- bill should go through the Senate and tain level of experience and expertise ment—about how to secure our border. get to the President’s desk. If he wants to this issue that may be a little dif- It is a sharp contrast. We heard about to help veterans get jobs, I hope the ferent from others in this body. negotiating with Iran. We heard about President signs that immediately when When the President first proposed releasing prisoners from GTMO. We it hits his desk, hopefully, in no more this, his office just gave us a heads up. heard nothing about securing our bor- than a few weeks. It didn’t check and say, Do you think ders and securing our homeland, so we These are the types of solutions that this is a good idea? Given your back- have taken this time today to present are bipartisan solutions that the Presi- ground, do you think this is something a constructive contrast between the dent told us he wanted to put forth, but we can do? He said, This is what we’re President’s view of government and our he talked to us in a manner that I going to do. view of government and what we be- didn’t think was bipartisan at all. Most Our first question we asked was, How lieve are the right priorities of our gov- of his speech talked about what he was much will it cost? The initial answer ernment. going to do. I would have rather heard we got from the White House was, We I am pleased to be joined by my col- the President talk about what we are don’t know how much it’s going to leagues today, and I would yield now to going to do together because, frankly, cost. Now that should cause us all to my colleague from Illinois (Mr. RODNEY that is what my constituents in Illinois ask a question about how serious this DAVIS). want us to do. They want us to come proposal is when, in the very first in- Mr. RODNEY DAVIS of Illinois. here and govern together. stance that they decide that they are Thank you to my good friend and col- That is why I am so glad to be here going to propose it, they can’t even tell league from Florida, and thank you to and be a part of this Special Order with us how much it costs. Even after they my good friend and colleague from Ala- my good friend, Mr. JOLLY. Hopefully, decided how much they think it is bama for joining us, Mr. BYRNE. we can begin a good banter about dis- going to cost—$60 billion—they Mr. Speaker, this is a great oppor- cussing what our thoughts are on couldn’t tell us how they were going to tunity to talk about what we heard in where America needs to go to move for- pay for it. this Chamber, just slightly less than 24 ward and work with this President but So it led me to ask this question: Is hours ago, from this President, who is do it in a way that is a lot less this a serious idea? Because, you see, from my home State of Illinois. We confrontational than what we heard over a third of our community college heard a lot of ideas and a lot of talk last night. students in America are already on and a lot of promises, but if it is any- Mr. JOLLY. With that, I yield to a Federal Pell grants, which cover all— thing like the State of the Union Ad- real leader in this institution, a col- or virtually all—of their tuition and dresses that I have had an opportunity league of ours from the great State of fee costs when they go to community to sit on in this Chamber over the last Alabama, Mr. BRADLEY BYRNE. college. And for the people that don’t 2 years, we are not going to see a lot of Mr. BYRNE. I thank the gentlemen have the eligibility to get Pell grants, action. from Florida and Illinois. Those were there are a combination of other things There was a lot of talk about the eloquent words spoken from the heart, that they can get. economy. The economy is getting bet- because I know both of these gen- My experience as somebody who ran ter. Frankly, it can’t have gotten much tleman mean everything they just said. a community college system was that worse when you compare it to a few Last night was an interesting mo- covering tuition and fees was usually years ago. Of course, it is going to get ment for me. One of the President’s big not the real problem most community better, but the reality is there are still plays is this proposal regarding com- college students face. Most of them 8.7 million Americans who are out of munity colleges. face a more difficult problem, and that work, and 7 million Americans are in Let me tell you a little bit about my- is they are not adequately academi- part-time jobs but are looking for full- self. I am the first person in my family cally prepared or they have other prob- time jobs. to go to college. Both of my parents lems in their lives, whether it is from grew up during the Depression. There their homes or jobs or whatever. It is b 1700 wasn’t any money for college, but I was hard for them to stay in college and The President’s solution to many of privileged to go to college. During the stay up with the work that they have the issues that were brought up was to time that I went, my parents were not got to do. And so they need a lot of tax more American families—to tax doing well financially. Like very many extra help. And the President doesn’t American families who have been sav- other people, I was a financial aid stu- talk about that. ing for their children’s college edu- dent. Now here is the worst thing about cation to pay for a grandiose idea he We didn’t have Pell grants back then. this proposal. We heard a lot last night has yet to give us the details on. You got Federal student loans and from the President of the United The President also talked about help- maybe a Federal student work-study States that he was all about the middle ing our heroes: our veterans. This one job. Lots and lots of people in my gen- class. Let me tell you one of the taxes is personal to me because just a few eration did that. I don’t ever complain that he is going to raise that is going weeks ago, the day we got sworn in for about that because that is the best to pay for these proposals. He is going the 114th Congress, Mr. Speaker, we money I ever borrowed and the best to tax 529 plans. were able to unanimously pass a bill work I ever did because it gave me the For people that don’t know what called the Hire More Heroes Act, which opportunity to do what I have done in those are, 529 plans are savings ac- I sponsored. This wasn’t an idea that life. But it also taught me how impor- counts, essentially, that moms and

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.060 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H469 dads and grandmoms and granddads it. Well, great for Tennessee, because But the point you and the gentleman put money in over time and they use they are probably going to use their from Florida were making that is even that money that they saved over time lottery funds, from what I have read, more important to this, these are to put their young people through col- to pay for it. mainly local and State decisions. The lege. And the good thing about that is Let me give you an example in Illi- Federal Government is inserting itself while they pay taxes on the money nois, where I live, the President’s home in things that traditionally, under our that they make before they put it into State. Unless we are going to get a Federal understanding of government, the plans, if, when they take the brand new crop of lotto players, if the the Federal Government didn’t get in- money out of those plans, there has lotto is going to fund it, then you know volved in. been some appreciation—it has gone what? That money would be robbed I talked to our colleagues in this from being this much money to that from our K through 12 system to create House from the State of Tennessee, much money—they don’t have to pay what is tantamount to grades 13 and 14 Democrat and Republican, and said, taxes on it. in our community colleges, which may What do you think about us taking It is an incentive for them. It is a not have the faculty or may not have your Tennessee plan and nationalizing way for middle class people to save for the facilities to handle the influx—and it? They said, We think it’s a bad idea. college for their young people. It is the then to top it off by taxing savings We are proud of our Tennessee plan. We only way middle class people in this plans that many middle class Ameri- think it’s a good plan. We’re proud that country have a real savings plan for cans have been using to be able to send our State is doing it. the young people. And this President, their children to college at a time It is one thing to talk about it from who stood up right behind me last when the cost to go to any college is a State level—I understand they have night and talked about being for the rising exponentially much faster than one in Chicago at the local level—but middle class, wants to tax those middle the inflation rate. it is different when you blow it up to be I don’t know if this is a conflict of in- class savings plans and take them a national thing. terest or not because this is just a pro- away from people. Twelve million peo- So the President wants to take this posal from the White House, but I have ple use those plans in this country, 12 good idea from a single State or a sin- a 529 plan. We have been saving for my million people like my parents, like gle city and blow it up into a national three kids to go to college. And to be my wife and me, and like many, many thing, and we are not really stoked taxed now, after investing since they other people in America. They here to do that. We don’t really under- were very young—my daughter is now shouldn’t have their plans taxed. stand how to do that. 17—I can tell you from the standpoint So I say to my colleagues from Flor- Here is what happens now: we send as a dad that I can empathize with ida and Illinois, if you look at just that the money out. And what happens after many families who aren’t in the finan- one part of what he proposed, it is hard we send the money? Rules and regula- cial position that we are able to be in to say he was serious. Because if he tions and mandates come flowing down because we are blessed enough to serve really cares about higher education in after it, and Washington starts telling our districts in this institution. America, he would think about the It is flabbergasting to me to be able Tennessee and Illinois and Florida and other needs of these community col- to hear the President talk about these Alabama how to run our colleges. And lege students. But most importantly, great ideas. Frankly, I just don’t know that, my friends, is a very bad idea. I he would think about those 12 million how many of us sat in this room last don’t think anybody in higher edu- parents that are saving for their young night and believed that it was going to cation wants the heavy hand of the people, middle class people whom he is get beyond the idea stage. And I don’t Federal Government telling us how to trying to take money away from with know how much effort he is going to run our institutions of higher edu- this proposed tax. put in to try and pass this plan, but I cation. I think that sort of gives you a flavor would urge our colleagues to take a Let me end on this one point. Amer- of my appreciation of that one part of good, hard look at this and also never ica is known as having the best institu- what he said last night. forget the possible impact it is going to tions of higher education in the world. Mr. JOLLY. You bring much edu- have on our 4-year institutions, both And the reason we do is because each cation experience as a layperson but private and public. I serve nine of those one of our institutions is different from also somebody with very specific polit- in my district in Illinois. What kind of one another. They specialize in who ical convictions. The President talked impact is it going to have on those in- they are and they focus on quality. And about free community college. And as stitutions when you take a good per- if we start robbing that from them by an example, he used two local areas centage of students that will now go, if trying to stamp some one-size-fits-all that now provide it. Well, I think that his plan is implemented, to the com- concept of higher education, which the is the point of departure for our view of munity colleges, which provide a great President is trying to do right now government. education? with this rating system he wants to If a local community decides that I would love to hear more about what put on higher education, then we may they want to provide education you think and the impact it might start losing in an area in which we are through whatever tax levy that the have on the community college sys- the preeminent leader in the world. residents there might support, that is a tems that you are so familiar with, Mr. And I don’t think the people of Ala- great opportunity. But to suggest that BYRNE. bama sent me here to let the Federal somehow Washington, which so often Mr. BYRNE. That is an important Government do that to the fine institu- fails in orchestrating through the point because when you look at edu- tions of higher education we have in heavy hand of government a new type cation, there are different parts of it. the State of Alabama. of education economics, is going to Each part serves its own special need. Mr. JOLLY. In our remaining time, I work better than those two commu- The 4-year colleges are different from would like to revisit another topic—it nities that he cited last night is ex- the 2-year colleges, and they are dif- is one on which I think the solutions actly where the view of government be- ferent from high schools, et cetera. So on our side of the aisle reflect the will tween our side of the aisle and his be- there is a role that each of them play, of the people that we saw at the ballot gins to depart. but sometimes we start fuzzing them box in November—and that is border Mr. RODNEY DAVIS of Illinois. Will together and we miss the importance of security. the gentleman yield? each one of them. Mr. JOLLY. I yield to the gentleman. I think there will be some negative b 1715 Mr. RODNEY DAVIS of Illinois. I effects on 4-year colleges. I already We need to reclaim this issue, as con- would like to know how many commu- heard from some 4-year college people servatives. We need to redefine this na- nity colleges the administration con- about that. They don’t want to pick on tional conversation. The President tacted to talk about whether or not the 2-year colleges because they don’t likes to continually say that if Con- this was a good idea. The example that want to be seen to do that, but they gress would just send him a bill, then I have heard since this idea was put understand there could be some nega- all would be okay, and it is usually fol- forth was that Tennessee is going to do tive effects. lowed by suggesting that if we send a

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.061 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H470 CONGRESSIONAL RECORD — HOUSE January 21, 2015 bill that we pass, he will veto it. What I think we, on this side, there are is a part of protecting Americans from he means is we have to send him his many of us who are out here to find so- international terrorism, including bill. lutions to the Nation’s problems, not international Islamic terrorism. I just want to point out something to create more problems, and that is Mr. JOLLY. Mr. DAVIS, any more because we do have solutions on this exactly the message I hope to send to comments this evening? side of this aisle, and we have acted re- the American people tonight, that we Mr. RODNEY DAVIS of Illinois. If sponsibly on behalf of that. In July, we are willing to work with the President the gentleman would inquire how much passed a border security bill that put on border security, on education, on a time we have left. facilities closer to the border to keep wide variety of issues, but we also have Mr. JOLLY. Mr. Speaker, how much those who enter illegally closer to the to have some response back, and that time is remaining? border. is what I think we are lacking. The SPEAKER pro tempore. The gen- We changed the policy to ‘‘last in, Mr. BYRNE. Will the gentleman tleman from Florida has 3 minutes re- first out,’’ so if you get in, you don’t yield? maining. get to linger for years before you are Mr. JOLLY. I yield to the gentleman Mr. RODNEY DAVIS of Illinois. Will returned if you don’t have a humani- from Alabama. the gentleman yield? Mr. JOLLY. I yield to the gentleman tarian claim that merits staying. Mr. BYRNE. I am on the Armed Serv- We also increased funding for judges, ices Committee, and I look at border from Illinois. Mr. RODNEY DAVIS of Illinois. I am created tele-courtrooms so that we security as national security. just excited to be able to talk about could more expeditiously process those Let me give you a story from a trip what happened at the State of the who come here illegally—and right- that several of us on the Armed Serv- Union last night, our perspective. In fully so—and we should do so very re- ices Committee took to the Middle closing, it kind of frustrates me that sponsibly. We are a loving nation made East back in August and September. we didn’t see real solutions to the ex- better for immigration, but we should We visited several countries over there. As you know, it is a very dangerous ploding cost of higher education. show everybody the rule of law and If the solution is what the President part of the world, clearly. how you responsibly immigrate here. laid out, which is going to actually put Mind you, we also passed a bill that One of the countries we went to is more of a burden on middle class fami- provided for the health care of those Morocco. Morocco, if you think about lies by taxing their savings plans that who come here and while they are de- where it is, should have lots of prob- they have been saving for—for some- tained here, but I want to point out lems, but you don’t really hear much times decades—that is a wrong ap- something very specific. In the coming about Morocco having terrorist inci- proach to bringing down the cost of weeks, this Congress is going to offer dents. When we were over there, we higher education to making Pell grants another bill—because that one was asked a lot of questions. How is that go further. so? never accepted by the Senate or went The President also mentioned an- It is because they take their border to the President—to require oper- other point last night about equal pay. security very seriously. They use a lot ational control of our border. Well, it would have been nice to have That is a great urgency, to have of the military aid that America pro- the President and the White House ac- operational control of our border, not vides to Morocco for their border secu- tually do that in the White House, to just address the traditional border rity, and they keep the bad guys out, where women make an average of 18 security issue, but to address what we and so you don’t hear in this country percent less than men, so it is not just know is a growing concern about our that is in some of the most troubled enough to talk about it here in this domestic and homeland security. parts of the world, you don’t hear Chamber. Do it when you have control We have seen the threats around the about the problems there because they over the opportunity to make things globe. Most certainly, that has to be an control their borders. They understand happen. area where we can reach agreement that their internal and national secu- That is why I hope it is not just rhet- with the White House, and I hope we rity is dependent upon that. oric on many issues, but I want to see We had two brothers, the Tsarnaev can take up the President on his offer action. to put a bill on his desk and ask him to brothers, who grew up in Boston. One Mr. JOLLY. Mr. Speaker, I appre- sign it, just as he has pledged to do so. of them was allowed to go back to ciate this time. I hope what the Amer- Mr. RODNEY DAVIS of Illinois. Will where they were from and one of the ican people have seen and our col- the gentleman yield? satellite countries from Russia—obvi- leagues have seen is a Congress with Mr. JOLLY. I yield to the gentleman ously was trained by terrorists. solutions. from Illinois. We allowed him to come back into We will be passing through this Mr. RODNEY DAVIS of Illinois. this country, after we were warned by House border security solutions, a Thank you to the gentleman for yield- the Russians where he had gone, and he homeland security solution. Frankly, ing, and you bring up a great point. and his brother tragically ignited those addressing the constitutional over- This isn’t just a border security issue bombs at the Boston Marathon, seri- reach we saw from the President, we because of an immigration issue. This ously wounding a lot of people and kill- will be passing energy independence so- is a border security issue because of a ing some. lutions, education solutions, tax re- homeland security issue. Well, what sort of a security situa- form solutions. We are committed to We have to make our border secure. tion do we have that we allowed him doing that on behalf of the American We are going to have what our vision back into this country? What sort of people. for border security is in this institu- security situation do we have today? I look forward to working with our tion pass now to the Senate, and the This is not just about the southern colleagues, and frankly, we remain President will get his wish. We will put border; it is about the northern border. hopeful that we will have the oppor- a bill on his desk. It may not be the It is about our security of the entire tunity to work with the President on bill he wants, but my message to the Nation, and if we will start looking at this as well. administration—to the White House— border security as national security, Mr. Speaker, I yield back the balance is: come work with us. which is the way we on this side of the of my time. In my first 2 years here, I just aisle understand this issue, then we f haven’t seen that happen on a wide va- can protect the American people. riety of issues. It seems like every idea It definitely does take us working WHY WE ARE REALLY HERE that we come up with in this institu- with the President because he runs the The SPEAKER pro tempore. Under tion, even some that passed by huge bi- Department of Homeland Security the Speaker’s announced policy of Jan- partisan majorities, they threaten a through his appointee to that Sec- uary 6, 2015, the Chair recognizes the veto. Well, that is okay, but that is not retary’s position, and it is his policies gentleman from Arizona (Mr. FRANKS) conducive to working together to find through that Department that deter- for 30 minutes. solutions, and that is what I think we mine whether or not we are going to be Mr. FRANKS of Arizona. Mr. Speak- are here for. protected, and protecting our borders er, tomorrow is January 22, 2015. It

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.063 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H471 marks exactly 42 years to the day since ing, and she defined one as 2 feet long always remember and for which we the tragedy called Roe v. Wade was that no longer had eyes or a mouth shall be held accountable. first handed down from the United but, in her words, was making like this And no matter how it is shouted States Supreme Court. Since then, ‘‘screeching’’ noise, and it ‘‘sounded down or what distortions, deceptive every foundation of this Nation has like a little alien.’’ what-ifs, distractions, diversions, been stained by the blood of more than For God’s sake, Mr. Speaker, is this gotchas, twisted words, changing the 55 million of its own unborn children. who we truly are? Kermit Gosnell now subject, or blatant falsehoods the abor- Incomprehensibly, those who have rightfully sits in prison for killing a tion industry hurls at this bill and its profited from it most have hailed it as mother and murdering innocent chil- supporters, it remains a deeply sincere freedom. dren like the one I just described; yet, effort, beginning at their sixth month We should all remember the words of if he had killed these babies only 5 of pregnancy, to protect both mothers President Abraham Lincoln when he minutes earlier and before they had and their pain-capable unborn babies said: passed through the birth canal, it from the atrocity of late-term abortion Those who deny freedom to others deserve would have all been perfectly legal in on demand; and ultimately, Mr. Speak- it not for themselves and, under a just God, much of the United States of America. er, it is one all humane Americans can cannot long retain it. If there is one thing that we must not support if they truly understand it for Mr. Lincoln called upon all of us to miss about this unspeakably evil epi- themselves. remember America’s Founding Fa- sode, it is that Kermit Gosnell is not Mr. Speaker, not long ago, I heard thers, and ‘‘their enlightened belief an anomaly; he is just the visible face Barack Obama speak very noble and that nothing stamped with the divine of this lucrative enterprise of mur- poignant words that, whether he real- image and likeness was sent into the dering pain-capable unborn children in izes it or not, apply so profoundly to world to be trodden on or degraded and America. this subject. Let me quote, if you will, imbruted by its fellows.’’ He reminded those he called pos- Mr. Speaker, more than 18,000 very excerpted portions of his comments. He terity that when, in the distant future, late-term abortions are occurring in said: ‘‘This is our first task, caring for some man, some factions, some inter- America every year, placing the moth- our children. It’s our first job. If we ests should set up a doctrine that some ers at exponentially greater risk and don’t get that right, we don’t get any- were not entitled to life, liberty, and subjecting their pain-capable unborn thing right. That’s how, as a society, the pursuit of happiness, that ‘‘their babies to torture and death without an- we will be judged.’’ posterity’’—that is us, Mr. Speaker— esthesia. It is the greatest atrocity in The President asked: ‘‘Are we really that ‘‘their posterity might look up the United States. prepared to say that we’re powerless in again to the Declaration of Independ- According to the Bartlett study, a the face of such carnage, that the poli- ence and take courage to renew the woman seeking an abortion at 20 weeks tics are too hard? Are we prepared to battle which their Fathers began.’’ is 35 times more likely to die from an say that such violence visited on our Mr. Speaker, for the sake of all of abortion than she was in the first tri- children year after year after year is those who founded this Nation and mester. At 21 weeks or more, she is 91 somehow the price of our freedom?’’ dreamed of what America could some- times more likely to die than she was The President also said: ‘‘Our jour- day be and for the sake of all of those in the first trimester. ney is not complete until all our chil- since then who have died in darkness Regardless of how supporters of abor- dren are cared for and cherished and al- so America could walk in the light of tion on demand might try to suppress ways safe from harm.’’ freedom, it is so very important that it, it is undisputed and universally ac- ‘‘That is our generation’s task—to those of us who are privileged to be cepted by every credible expert that make these words, these rights, these Members of the United States Congress the risk to a mother’s health from values of life and liberty and the pur- pause from time to time and remind abortion increases as gestation in- suit of happiness real for every Amer- ourselves of why we are really all here. creases. ican.’’ Thomas Jefferson, whose words There is no valid debate on that in- Mr. Speaker, never have I so deeply marked the beginning of this Nation controvertible reality; yet supporters agreed with any words ever spoken by said, ‘‘The care of human life and its of abortion on demand try to suppress President Obama as those I have just happiness and not its destruction is the that. quoted. How I wish that somehow we chief and only object of good govern- could all open our hearts and our ears b 1730 ment.’’ to these incontrovertible words and The phrase in the Fifth Amendment They also have tried for decades, Mr. ask ourselves in the core of our souls capsulizes our entire Constitution. It Speaker, to deny that unborn babies why these words that should apply to says that no person shall be ‘‘deprived ever feel pain, even those at the begin- all children cannot include the most of life, liberty, or property, without ning of the sixth month of pregnancy, helpless and vulnerable of all children. due process of law.’’ as if somehow the ability to feel pain How does any child become more vul- The 14th Amendment says no State magically develops the very second the nerable than these little pain-capable shall deny ‘‘to any person within its ju- child is born. unborn babies? risdiction the equal protection of the Mr. Speaker, almost every other Mr. Speaker, it seems that we are laws.’’ major civilized nation on this Earth never quite so eloquent as when we Mr. Speaker, protecting the lives of protects pain-capable unborn babies at decry the crimes of a past generation, all Americans and their constitutional this age, and every credible poll of the and we are never quite so staggeringly rights is why we are all here; yet, American people shows that they are blind as when we assess an atrocity in today, a great shadow looms over overwhelmingly in favor of protecting our own time. America. When authorities entered the these children. Yet we have given these What we are doing to these babies is clinic of Dr. Kermit Gosnell, they little babies less legal protection from real, and all of us here know that in found a torture chamber for little ba- unnecessary pain and cruelty than the our hearts. Medical science regarding bies that defies description within the protection we have given farm animals the development of unborn babies be- constraints of the English language. under the Federal Humane Slaughter ginning at the sixth month of preg- According to the grand jury report: Act. Mr. Speaker, it is a tragedy that nancy now demonstrates irrefutably Dr. Kermit Gosnell had a simple solution beggars my ability to articulate. that they do, in fact, feel pain. Many of for unwanted babies. He killed them. He But I would submit to you, Mr. them cry and scream as they die, but didn’t call it that. He called it ‘‘ensuring fetal demise.’’ The way he ensured fetal de- Speaker, that the winds of change are because it is amniotic fluid going over mise was by sticking scissors in the back of beginning to blow and that the tide of the vocal cords instead of air, we can’t the baby’s neck and cutting the spinal cord. blindness and blood is finally turning hear them. It is, Mr. Speaker, the He called it ‘‘snipping.’’ Over the years, in America. Because tomorrow we will greatest human rights atrocity in the there were hundreds of ‘‘snippings.’’ vote on the Pain-Capable Unborn Child United States of America today. Ashley Baldwin, one of Dr. Gosnell’s Protection Act in this Chamber, and it I began and I close with the wise employees, said she saw babies breath- will be a vote that every one of us will counsel from Abraham Lincoln to all of

VerDate Sep 11 2014 03:41 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.064 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H472 CONGRESSIONAL RECORD — HOUSE January 21, 2015 us. He said: ‘‘Fellow citizens, we can- LEAVE OF ABSENCE 4. MEETINGS AND HEARINGS OPEN TO THE PUBLIC not escape history. We of this Congress By unanimous consent, leave of ab- (a) Meetings and this administration will be remem- sence was granted to: bered in spite of ourselves. No personal (1) Each meeting for the transaction of Mr. HASTINGS (at the request of Ms. business, including the markup of legisla- significance or insignificance can spare PELOSI) for today and January 22. tion, of the Committee or a subcommittee one or another of us. The fiery trial shall be open to the public except when the f through which we pass will light us Committee or subcommittee, in open session down, in honor or dishonor, to the last PUBLICATION OF COMMITTEE and with a majority present, determines by generation.’’ RULES record vote that all or part of the remainder Mr. Speaker, it is time to open our of the meeting on that day shall be closed to eyes and our souls and recognize that RULES OF THE COMMITTEE ON FOREIGN AFFAIRS the public, because disclosure of matters to FOR THE 114TH CONGRESS be considered would endanger national secu- protecting pain-capable unborn chil- rity, would compromise sensitive law en- dren and their mothers is not a Repub- Mr. ROYCE. Mr. Speaker, as required by clause 2(a) of House rule XI, I respectfully forcement information, or would tend to de- lican issue or a Democrat issue. It is a fame, degrade or incriminate any person or submit for the RECORD the rules of the Com- test of our basic humanity and who we otherwise violate any labor rule of the House are as a human family. It is time to mittee on Foreign Affairs, which were adopted of Representatives. No person other than open our eyes and allow our con- earlier today at a public meeting of the Com- Members of the Committee and such con- sciences to catch up with our tech- mittee. gressional staff and departmental represent- nology. It is time for Members of the 1. GENERAL PROVISIONS atives as the Committee or subcommittee may authorize shall be present at any busi- United States Congress to open our (a) The Rules of the House of Representa- tives, and in particular, the committee rules ness or markup session which has been eyes and recognize that protecting closed to the public. This subsection does not those who cannot protect themselves is enumerated in clause 2 of rule XI, are the rules of the Committee on Foreign Affairs apply to open Committee hearings which are why we are all here. And, Mr. Speaker, (hereafter referred to as the ‘‘Committee’’), provided for by subsection (b) of this rule. it is time for all Americans to open our to the extent applicable. (2) The Chairman of the full Committee or eyes and our hearts to the humanity of (b) A motion to recess and a motion to dis- a subcommittee may postpone further pro- these little unborn children of God and pense with the first reading (in full) of a bill ceedings when a record vote is ordered on the the inhumanity of what is being done or resolution, if printed copies are available, question of approving any measure or mat- ter, or adopting an amendment. The relevant to them. are privileged non-debatable motions in Committee. Chairman may resume proceedings on a post- Mr. Speaker, I yield back the balance poned request at any time. When exercising of my time. (c) The Chairman of the Committee on Foreign Affairs shall consult the Ranking postponement authority, the relevant Chair- man shall take all reasonable steps nec- f Minority Member to the extent possible with respect to the business of the Committee. essary to notify Members on the resumption REMOVAL OF NAMES OF MEM- Each subcommittee of the Committee is a of proceedings on any postponed record vote. part of the Committee and is subject to the When proceedings resume on a postponed BERS AS COSPONSORS OF H.R. question, notwithstanding any intervening 416 authority and direction of the Committee and to its rules, to the extent applicable. order for the previous question, an under- Mr. LOBIONDO. Mr. Speaker, I ask lying proposition shall remain subject to fur- 2. DATE OF MEETING unanimous consent to remove all co- ther debate or amendment to the same ex- sponsors from H.R. 416. The regular meeting date of the Com- tent as when the question was postponed. mittee shall be the first Tuesday of every (b) Hearings The SPEAKER pro tempore. Is there month when the House of Representatives is (1) Each hearing conducted by the Com- objection to the request of the gen- in session pursuant to clause 2(b) of rule XI mittee or a subcommittee shall be open to tleman from New Jersey? of the House of Representatives. Additional the public except when the Committee or There was no objection. meetings may be called by the Chairman as subcommittee, in open session and with a the Chairman may deem necessary or at the majority present, determines by record vote f request of a majority of the Members of the that all or part of the remainder of that Committee in accordance with clause 2(c) of hearing on that day should be closed to the RECESS rule XI of the House of Representatives. The public because disclosure of testimony, evi- The SPEAKER pro tempore. Pursu- determination of the business to be consid- dence or other matters to be considered ant to clause 12(a) of rule I, the Chair ered at each meeting shall be made by the would endanger the national security, would declares the House in recess subject to Chairman subject to clause 2(c) of rule XI of compromise sensitive law enforcement infor- the call of the Chair. the House of Representatives. A regularly mation, or otherwise would violate any law scheduled meeting need not be held if, in the or rule of the House of Representatives. Not- Accordingly (at 5 o’clock and 36 min- judgment of the Chairman, there is no busi- withstanding the preceding sentence, a ma- utes p.m.), the House stood in recess. ness to be considered. jority of those present, there being in at- tendance the requisite number required f 3. QUORUM under the rules of the Committee to be For purposes of taking testimony and re- b 2150 present for the purpose of taking testi- ceiving evidence, two Members shall con- mony— stitute a quorum, and the Chairman of the AFTER RECESS (A) may vote to close the hearing for the full Committee or a subcommittee shall sole purpose of discussing whether testimony The recess having expired, the House make every effort to ensure that the rel- or evidence to be received would endanger was called to order by the Speaker pro evant Ranking Minority Member or another the national security, would compromise tempore (Mr. COLLINS of Georgia) at 9 Minority Member is present at the time a sensitive law enforcement information, or o’clock and 50 minutes p.m. hearing is convened. One-third of the Mem- violate paragraph (2) of this subsection; or bers of the Committee or subcommittee shall (B) may vote to close the hearing, as pro- f constitute a quorum for taking any action, vided in paragraph (2) of this subsection. except: (1) reporting a measure or rec- (2) Whenever it is asserted by a Member of REPORT ON RESOLUTION PRO- ommendation; (2) closing Committee meet- the Committee that the evidence or testi- VIDING FOR CONSIDERATION OF ings and hearings to the public; (3) author- mony at a hearing may tend to defame, de- H.R. 7, NO TAXPAYER FUNDING izing the issuance of subpoenas; and (4) any grade, or incriminate any person, or it is as- FOR ABORTION AND ABORTION other action for which an actual majority serted by a witness that the evidence or tes- INSURANCE FULL DISCLOSURE quorum is required by any rule of the House timony that the witness would give at a of Representatives or by law. No measure or ACT OF 2015 hearing may tend to defame, degrade, or in- recommendation shall be reported to the criminate the witness— Ms. FOXX, from the Committee on House of Representatives unless a majority (A) such testimony or evidence shall be Rules, submitted a privileged report of the Committee is actually present. No presented in executive session, notwith- (Rept. No. 114–4) on the resolution (H. measure or recommendation shall be re- standing the provisions of paragraph (1) of Res. 42) providing for consideration of ported to the full Committee by a sub- this subsection, if by a majority of those committee unless half of the subcommittee present, there being in attendance the req- the bill (H.R. 7) to prohibit taxpayer is actually present. A record vote may be de- uisite number required under the rules of the funded abortions, which was referred to manded by one-fifth of the Members present Committee to be present for the purpose of the House Calendar and ordered to be or, in the apparent absence of a quorum, by taking testimony, the Committee or sub- printed. any one Member. committee determines that such evidence or

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.065 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H473 testimony may tend to defame, degrade, or ring in that determination, shall make the Committee or by motion. However, in no incriminate any person; and announcement at the earliest possible date. case may questioning by Committee staff (B) the Committee or subcommittee shall (3) Agenda and Texts. The relevant Chair- proceed before each Member of the Com- proceed to receive such testimony in open man shall provide to all Committee or sub- mittee who wishes to speak under the 5- session only if the Committee, a majority committee Members an agenda for each minute rule has had one opportunity to do being present, determines that such evidence Committee and subcommittee markup or so. or testimony will not tend to defame, de- other meeting to transact business, setting (b) Testimony of Witnesses grade, or incriminate any person. out all items of business to be considered, in- (1) Advance Filing Requirement. Each wit- (3) No Member of the House of Representa- cluding whenever possible a copy of any ness who is to appear before the Committee tives may be excluded from non- measure scheduled for markup, at least 48 or a subcommittee is required to file testi- participatory attendance at any hearing of hours (excluding Saturdays, Sundays, and mony with the Committee or subcommittee the Committee or a subcommittee unless the legal holidays) before the meeting. at least two (2) business days in advance of House of Representatives has by majority Bills on subjects not listed on such agenda that appearance. For purposes of this sub- vote authorized the Committee or sub- shall be subject to a point of order unless section, testimony includes the written committee, for purposes of a particular se- their consideration is agreed to by a two- statement of a witness, as well as any video, ries of hearings, on a particular article of thirds vote of the Committee or sub- photographs, audio-visual matter, posters, or legislation or on a particular subject of in- committee, or by the Chairman of the full other supporting materials that the witness vestigation, to close its hearings to Members Committee with the concurrence of the intends to present or display before the Com- by the same procedures designated in this Ranking Minority Member. The text of any mittee. Such testimony should be provided subsection for closing hearings to the public. measure to be marked up shall be made pub- in electronic form to the extent practicable. (4) A Member of the House of Representa- licly available in electronic form at least 24 The Committee or subcommittee shall notify tives who is not a Member of the Committee hours prior to the commencement of the Members at least two business days in ad- may not be recognized to participate in a markup meeting, or at the time of an an- vance of a hearing of the availability of tes- Committee or Subcommittee hearing except nouncement under subparagraph (b)(2) made timony submitted by witnesses. In addition, by the unanimous consent of Committee within 24 hours before such meeting. each witness shall provide sufficient copies, Members present at such hearing. (c) Publication. Public announcement of as determined by the Chairman of the full Participatory recognition of a non-Com- all hearings and markups shall be published Committee or a subcommittee, of his or her mittee Member shall occur only after all in the Daily Digest portion of the Congres- proposed written statement to be provided to Committee Members seeking recognition, sional Record and made publicly available in Members and staff of the Committee or sub- both majority and minority, have had their electronic form. Members shall be notified committee, the news media, and the general opportunity to participate and question any by the Staff Director of all meetings (includ- public. The text of the written statement witnesses. ing markups and hearings) and briefings of provided pursuant to this paragraph shall be (5) The Committee or a subcommittee may subcommittees and of the full Committee. considered final, and may not be revised by by the procedure designated in this sub- (d) Member Seating. During Committee the witness after the Committee meeting at section vote to close one (1) subsequent day and subcommittee hearings and markups, which the witness appears. (2) Witness Preclusion and Waiver. The re- of hearing. chairs on the dais are for Members. No staff quirements of paragraph (1) or any part (6) No congressional staff shall be present member other than a Committee or sub- thereof may be waived by the Chairman of at any meeting or hearing of the Committee committee staff director, counsel, or profes- the full Committee or a subcommittee, or or a subcommittee that has been closed to sional staff member may occupy a chair on the presiding Member, or the Ranking Mem- the public, and at which classified informa- the dais, unless authorized by the Chairman ber of the Committee or subcommittee as it tion will be involved, unless such person is of the full Committee, after consultation relates to witnesses who are called by the authorized access to such classified informa- with the Ranking Member of the Full Com- minority to testify, provided that the wit- tion in accordance with rule XX of the House mittee. Only one staff member each from the ness or the relevant Chairman or Ranking of Representatives. majority and the minority may occupy Minority Member has submitted, prior to the chairs on the dais at any time during a hear- 5. CONVENING HEARINGS AND MARKUPS witness’s appearance, a written explanation ing or markup. (a) Hearings. Public announcement shall be to the reasons testimony has not been made made of the date, place, and subject matter 6. WITNESSES available to the Committee or sub- of any hearing to be conducted by the Com- (a) Interrogation of Witnesses committee. If a witness who is not an official mittee or a subcommittee at the earliest (1) In so far as practicable, witnesses shall of the U.S. Government has not submitted possible date, and in any event at least one be permitted to present their oral state- testimony as required by paragraph (1) and (1) week before the commencement of that ments without interruption subject to rea- no such written explanation has been sub- hearing. If the Chairman of the full Com- sonable time constraints imposed by the mitted, the witness shall be released from mittee or a subcommittee, with the concur- Chairman of the full Committee or a sub- testifying unless a majority of the Com- rence of the relevant Ranking Minority committee, with questioning by the Com- mittee or subcommittee votes to accept his Member, determines that there is good cause mittee Members taking place afterward. or her testimony. to begin a hearing sooner, or if the Com- Members should refrain from questions until (3) Remote Witness Participation. The mittee or subcommittee so determines by such statements are completed. Chairman of the full Committee or a sub- majority vote in the presence of the number (2) In recognizing Members, the relevant committee shall promptly, and not later of members required under the rules of the Chairman shall, to the extent practicable, than 48 hours beforehand if possible, notify Committee for the taking of action, the give preference to the Members on the basis the relevant Ranking Member of any witness Chairman of the full Committee, if concur- of their arrival at the hearing, taking into who is likely to present testimony other ring, shall make the announcement at the consideration the majority and minority than in person, such as by videoconference. earliest possible date. ratio of the Members actually present. A A witness may not testify via telephone or (b) Markups and Other Meetings to Trans- Member desiring to speak or ask a question other audio-only medium without the con- act Business shall address the relevant Chairman and not currence of the Chairman and Ranking Mem- (1) Convening. The Chairman of the full the witness. ber of the Committee or subcommittee. The Committee or a subcommittee may call or (3) Subject to paragraph (4), each Member relevant Chairman shall make reasonable ef- convene, as the relevant Chairman considers may interrogate the witness for 5 minutes, forts to verify the identity of any witness necessary, meetings of the Committee or the reply of the witness being included in the participating remotely. subcommittee for the consideration of a bill 5–minute period. After all Members have had (4) ‘Truth In Testimony’ Disclosure. In the or resolution pending before the Committee an opportunity to ask questions, the round case of a witness appearing in a nongovern- or subcommittee, as the case may be, or for shall begin again under the 5-minute rule. mental capacity, a written statement of pro- the conduct of other Committee or sub- (4) Notwithstanding paragraph (3), the rel- posed testimony shall, to the extent prac- committee business. evant Chairman, with the concurrence of the ticable, include: a curriculum vitae; a disclo- (2) Notice. Public announcement shall be Ranking Minority Member, may permit one sure of the amount and source of any Federal made by the Chairman of the full Committee (1) or more majority Members of the Com- grant (or subgrant thereof) or contract (or of the date, place, and subject matter of any mittee designated by the relevant Chairman subcontract thereof), or of any contract or markup or other meeting to conduct busi- to question a witness for a specified period of payment originating with a foreign govern- ness at the earliest possible date, and in any not longer than 30 minutes. On such occa- ment, received during the current fiscal year event at least one (1) week before the com- sions, an equal number of minority Members or either of the two previous fiscal years by mencement of such markup or meeting, un- of the Committee designated by the Ranking the witness or by an entity represented by less the relevant Chairman determines, in Minority Member shall be permitted to ques- the witness, to the extent that such informa- consultation with the relevant Ranking Mi- tion the same witness for the same period of tion is relevant to the subject matter of, and nority Member, that there is good cause to time. Committee staff may be permitted to the witness’ representational capacity at, begin such a markup or meeting on an ear- question a witness for equal specified periods the hearing; and a disclosure of whether the lier date. If such determination is made, the either with the concurrence of the Chairman witness is an active registrant under the Chairman of the full Committee, if concur- and Ranking Minority Member of the full Foreign Agents Registration Act (FARA).

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.023 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H474 CONGRESSIONAL RECORD — HOUSE January 21, 2015 Such statements, with appropriate companied by a written request to the rel- port shall be maintained in the Committee redactions to protect the privacy, safety, or evant Chairman. Such written request shall offices and shall be available for public in- security of the witness, shall be made pub- contain an estimate in writing from the Pub- spection during normal business hours. Ex- licly available in electronic form not later lic Printer of the probable cost of publishing cept in extraordinary circumstances, no than one day after the witness appears. such material. Member or employee of the Committee will (5) Witness Presentation. A witness shall 9. INFORMATION ON COMMITTEE ACTION be authorized for additional Committee trav- limit his or her oral presentation to a brief el until the reports described in this sub- (a) Record Votes. The result of each record summary of his or her written statement. section have been submitted to the Chair- vote in any meeting of the Committee out- (6) Translation. A witness requiring an in- man for that person’s prior Committee trav- side of executive session shall be made pub- terpreter or translator should include in the el. licly available in electronic form within 48 testimony provided pursuant to paragraph 12. REPORTING BILLS AND RESOLUTIONS (1) the identity of the interpreter or trans- hours of such record vote. Such result shall Except in extraordinary circumstances, lator that the witness intends to use. Unless include a description of the amendment, mo- bills and resolutions will not be considered properly noticed as a separate witness, an in- tion, order, or other proposition, the name of by the Committee unless and until the ap- terpreter or translator appearing before the each Member voting for and against, and the propriate subcommittee has recommended Committee should not present views or Members present but not voting. (b) Adopted Amendments. Not later than 24 the bill or resolution for Committee action, statements other than those expressed by hours after the adoption of any amendment and will not be taken to the House of Rep- the witness. resentatives for action unless and until the (c) Oaths. The Chairman of the full Com- to a measure or matter considered by the Committee or a relevant subcommittee has mittee or a subcommittee, or any Member of Committee, the text of each such amend- ordered reported such bill or resolution, a the Committee designated by the relevant ment shall be made publicly available in quorum being present. Chairman, may administer oaths to any wit- electronic form. Except in extraordinary circumstances, a ness appearing before the Committee. (c) Hearing and Markup Attendance. Mem- ber attendance at each Committee hearing bill or resolution originating in the House of 7. PREPARATION AND MAINTENANCE OF and markup shall be recorded and included Representatives that contains exclusively COMMITTEE RECORDS in the Committee print of the transcript of findings and policy declarations or expres- An accurate stenographic record shall be that hearing or markup. sions of the sense of the House of Represent- made of all hearings and markup sessions. 10. PROXIES atives or the sense of the Congress shall not Members of the Committee and any witness be considered by the Committee or a sub- may examine the transcript of his or her own Proxy voting is not permitted in the Com- committee unless such bill or resolution has remarks and may make any grammatical or mittee or in subcommittees. at least 25 House co-sponsors, at least 10 of technical changes that do not substantively 11. REPORTS whom are Members of the Committee. alter the record. Any such Member or wit- (a) Reports on Bills and Resolutions. To For purposes of this rule, extraordinary ness shall return the transcript to the Com- the extent practicable, not later than 24 circumstances will be determined by the mittee offices within seven (7) calendar days hours before a report is to be filed with the Chairman, after consultation with the Rank- (not including Saturdays, Sundays, and legal Clerk of the House on a measure that has ing Minority Member and such other Mem- holidays) after receipt of the transcript, or been ordered reported by the Committee, the bers of the Committee as the Chairman as soon thereafter as is practicable. Chairman shall make available for inspec- deems appropriate. Any information supplied for the record at tion by all Members of the Committee a copy The Committee or a subcommittee shall the request of a Member of the Committee of the draft Committee report in order to af- not consider a bill or resolution originating shall be provided to the Member when re- ford Members adequate information and the in the House of Representatives that ex- ceived by the Committee. opportunity to draft and file any supple- presses appreciation, commends, congratu- Transcripts of hearings and markup ses- mental, minority or additional views which lates, celebrates, recognizes the accomplish- sions (except for the record of a meeting or they may deem appropriate. ments of, or celebrates the anniversary of, hearing which is closed to the public) shall With respect to each record vote on a mo- an entity, event, group, individual, institu- be printed as soon as is practicable after re- tion to report any measure or matter of a tion, team, or government program, or that ceipt of the corrected versions, except that public character, and on any amendment of- acknowledges or recognizes a period of time the Chairman may order the transcript of a fered to the measure or matter, the total for such purposes, except in circumstances hearing to be printed without the correc- number of votes cast for and against, and the determined by the Chairman with the con- tions of a Member or witness if the Chairman names of those Members voting for and currence of the Ranking Minority Member. determines that such Member or witness has against, shall be included in any Committee The Chairman is directed to offer a motion been afforded a reasonable time to correct report on the measure or matter. under clause 1 of rule XXII of the Rules of such transcript and such transcript has not (b) Prior Approval of Certain Reports. No the House whenever the Chairman considers been returned within such time. Committee, subcommittee, or staff report, it appropriate. The records of the Committee at the Na- study, or other document which purports to 13. STAFF SERVICES tional Archives and Records Administration express publicly the views, findings, conclu- The Committee staff shall be selected and shall be made available for public use in ac- sions, or recommendations of the Committee organized so that it can provide a com- cordance with rule VII of the House of Rep- or a subcommittee may be released to the prehensive range of professional services in resentatives. The Chairman shall notify the public or filed with the Clerk of the House the field of foreign affairs to the Committee, Ranking Minority Member of any decision, unless approved by a majority of the Com- the subcommittees, and all its Members. The pursuant to clause 3(b)(3) or clause 4(b) of mittee or subcommittee, as appropriate. A staff shall include persons with training and the rule, to withhold a record otherwise proposed investigative or oversight report experience in foreign affairs, making avail- available, and the matter shall be presented shall be considered as read if it has been able to the Committee individuals with to the Committee for a determination on the available to Members of the Committee for knowledge of major countries, areas, and written request of any Member of the Com- at least 24 hours (excluding Saturdays, Sun- U.S. overseas programs and operations. mittee. days, or legal holidays except when the Subject to clause 9 of rule X of the House The Committee shall, to the maximum ex- House is in session on such a day). In any of Representatives, the staff of the Com- tent feasible, make its publications available case in which clause 2(l) of rule XI and clause mittee, except as provided in paragraph (c), in electronic form. 3(a)(1) of rule XIII of the House of Represent- shall be appointed, and may be removed, by 8. EXTRANEOUS MATERIALS IN COMMITTEE atives does not apply, each Member of the the Chairman with the approval of the ma- HEARINGS PRINTS Committee or subcommittee shall be given jority of the Members in the majority party No extraneous material shall be printed in an opportunity to have views or a disclaimer of the Committee. Their remuneration shall either the body or appendices of any Com- included as part of the material filed or re- be fixed by the Chairman, and they shall mittee or subcommittee hearing, except leased, as the case may be. work under the general supervision and di- matter which has been accepted for inclusion (c) Foreign Travel Reports. At the same rection of the Chairman. Staff assignments in the record during the hearing or by agree- time that the report required by clause are to be authorized by the Chairman or by ment of the Chairman of the full Committee 8(b)(3) of rule X of the House of Representa- the Staff Director under the direction of the or a subcommittee and Ranking Minority tives, regarding foreign travel reports, is Chairman. Member of the Committee or subcommittee submitted to the Chairman, Members and Subject to clause 9 of rule X of the House within five (5) calendar days of the hearing. employees of the Committee shall provide a of Representatives, the staff of the Com- Copies of bills and other legislation under report to the Chairman listing all official mittee assigned to the minority shall be ap- consideration and responses to written ques- meetings, interviews, inspection tours and pointed, their remuneration determined, and tions submitted by Members shall not be other official functions in which the indi- may be removed, by the Ranking Minority considered extraneous material. vidual participated, by country and date. Member with the approval of the majority of Extraneous material in either the body or Under extraordinary circumstances, the the minority party Members of the Com- appendices of any hearing to be printed Chairman may waive the listing in such re- mittee. Such staff shall work under the gen- which would be in excess of eight (8) printed port of an official meeting, interview, inspec- eral supervision and direction of the Rank- pages (for any one submission) shall be ac- tion tour, or other official function. The re- ing Minority Member with the approval or

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.024 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H475 consultation of the minority Members of the national investment policy; the Overseas sight related to emerging foreign threats to Committee. Private Investment Corporation and the the national security and interests of the The Chairman shall ensure that sufficient Trade and Development Agency; commodity United States. staff is made available to each subcommittee agreements; and special oversight of inter- 15. POWERS AND DUTIES OF SUBCOMMITTEES to carry out its responsibilities under the national financial and monetary institu- (a) In General. Each subcommittee is au- rules of the Committee. The Chairman shall tions; the Export-Import Bank, and customs. thorized to meet, hold hearings, receive evi- ensure that the minority party is fairly With the concurrence of the Chairman of the dence, and report to the full Committee on treated in the appointment of such staff. full Committee, legislative jurisdiction over all matters referred to it. 14. NUMBER AND JURISDICTION OF measures related to export promotion and (b) Scheduling. Subcommittee chairmen SUBCOMMITTEES measures related to the Overseas Private In- shall set meeting dates after consultation (a) Full Committee. The full Committee vestment Corporation and the Trade and De- with the Chairman, other subcommittee will be responsible for oversight and legisla- velopment Agency. chairmen, the relevant Ranking Minority (2) Regional Subcommittees. There shall tion relating to: foreign assistance (includ- Member and other appropriate Members, be five subcommittees with regional jurisdic- ing development assistance, Millennium with a view toward minimizing scheduling tion: the Subcommittee on Africa, Global Challenge Corporation, the Millennium Chal- conflicts. Subcommittee meetings shall not Health, Global Human Rights, and Inter- lenge Account, HIV/AIDS in foreign coun- be scheduled to occur simultaneously with national Organizations; the Subcommittee tries, security assistance, and Public Law 480 meetings of the full Committee. Hearings on Asia and the Pacific; the Subcommittee programs abroad); national security develop- shall not be scheduled to occur prior to the on Europe, Eurasia, and Emerging Threats; ments affecting foreign policy; strategic first vote or subsequent to the last vote of a the Subcommittee on the Middle East and planning and agreements; war powers, trea- legislative week, or outside of Washington, North Africa; and the Subcommittee on the ties, executive agreements, and the deploy- D.C., without prior consultation with the Western Hemisphere. As detailed below, two ment and use of United States Armed relevant Ranking Minority Member. In order of the regional subcommittees also shall Forces; peacekeeping, peace enforcement, to ensure orderly administration and fair as- have functional jurisdiction. and enforcement of United Nations or other signment of hearing and meeting rooms, the The regional subcommittees shall have ju- international sanctions; arms control and subject, time, and location of hearings and risdiction over the following within their re- disarmament issues; the United States Agen- meetings shall be arranged in advance with spective regions: cy for International Development; activities (1) Matters affecting the political relations the Chairman through the Staff Director of and policies of the State, Commerce, and De- between the United States and other coun- the Committee. fense Departments and other agencies re- (c) Vice Chairmen. The Chairman of the tries and regions, including resolutions or lated to the Arms Export Control Act and Full Committee shall designate a Member of other legislative measures directed to such the Foreign Assistance Act, including export the majority party on each subcommittee as relations. and licensing policy for munitions items and (2) Legislation with respect to disaster as- its vice chairman. technology and dual-use equipment and tech- sistance outside the Foreign Assistance Act, (d) Participation. The Chairman of the full nology; international law; promotion of de- boundary issues, and international claims. Committee and the Ranking Minority Mem- mocracy; international law enforcement (3) Legislation with respect to region- or ber may attend the meetings and participate issues, including narcotics control programs country-specific loans or other financial re- in the activities of all subcommittees of and activities; Broadcasting Board of Gov- lations outside the Foreign Assistance Act. which they are not Members, except that ernors; embassy security; international (4) Legislation and oversight regarding they may not vote or be counted for a broadcasting; public diplomacy, including human rights practices in particular coun- quorum in such subcommittees. international communication and informa- tries. (e) Required Oversight Hearings. During tion policy, and international education and (5) Oversight of regional lending institu- each 180-day period following organization of exchange programs; and all other matters tions. the Committee, each subcommittee shall not specifically assigned to a subcommittee. (6) Oversight of matters related to the re- hold at least one hearing on oversight of U.S. The full Committee will have jurisdiction gional activities of the United Nations, of its Government activities. over legislation with respect to the adminis- affiliated agencies, and of other multilateral 16. REFERRAL OF BILLS BY CHAIRMAN tration of the Export Administration Act, institutions. In accordance with rule 14 of the Com- including the export and licensing of dual- (7) Identification and development of op- mittee and to the extent practicable, all leg- use equipment and technology and other tions for meeting future problems and issues islation and other matters referred to the matters related to international economic relating to U.S. interests in the region. Committee shall be referred by the Chair- policy and trade not otherwise assigned to a (8) Oversight of base rights and other fa- man to a subcommittee of primary jurisdic- subcommittee, and with respect to the cilities access agreements and regional secu- tion within two (2) weeks. In accordance United Nations, its affiliated agencies, and rity pacts. with rule 14 of the Committee, legislation other international organizations, including (9) Concurrent oversight jurisdiction with may also be referred to additional sub- assessed and voluntary contributions to such respect to matters assigned to the functional committees for consideration. Unless other- organizations. The full Committee may con- subcommittees insofar as they may affect wise directed by the Chairman, such sub- duct oversight and investigations with re- the region. committees shall act on or be discharged spect to any matter within the jurisdiction (10) Oversight of foreign assistance activi- from consideration of legislation that has of the Committee as defined in the Rules of ties affecting the region, with the concur- been approved by the subcommittee of pri- the House of Representatives. rence of the Chairman of the full Committee. mary jurisdiction within two (2) weeks of (b) Subcommittees. There shall be six (6) (11) Such other matters as the Chairman of such action. In referring any legislation to a standing subcommittees. The names and ju- the full Committee may determine. subcommittee, the Chairman may specify a risdiction of those subcommittees shall be as The Subcommittee on Africa, Global date by which the subcommittee shall report follows: Health, Global Human Rights, and Inter- thereon to the full Committee. (1) Functional Subcommittee. There shall national Organizations: In addition to its re- Subcommittees with regional jurisdiction be one subcommittee with functional juris- gional jurisdiction, oversight of: inter- shall have joint jurisdiction with the Sub- diction: national health issues, including transbound- committee on Africa, Global Health, Global Subcommittee on Terrorism, Nonprolifera- ary infectious diseases, maternal health and Human Rights, and International Organiza- tion, and Trade: Oversight and legislative re- child survival, and programs related to the tions over legislation regarding human sponsibilities over the United States’ efforts global ability to address health issues; popu- rights practices in particular countries with- to manage and coordinate international pro- lation issues; the United Nations and its af- in their regions. grams to combat terrorism as coordinated by filiated agencies (excluding peacekeeping The Chairman may designate a sub- the Department of State and other agencies, and enforcement of United Nations or other committee Chairman or other Member to and efforts to bring international terrorists international sanctions); the American Red take responsibility as manager of a bill or to justice. With the concurrence of the Cross; and the Peace Corps. In addition, leg- resolution during its consideration in the Chairman of the full Committee, oversight islation and oversight pertaining to: imple- House of Representatives. of, and legislation pertaining to, non- mentation of the Universal Declaration of proliferation matters involving nuclear, Human Rights; other matters relating to 17. PARTY RATIOS ON SUBCOMMITTEES AND chemical, biological and other weapons of internationally-recognized human rights, in- CONFERENCE COMMITTEES mass destruction, except for legislation in- cluding legislation aimed at the promotion The majority party caucus of the Com- volving the Foreign Assistance Act, the of human rights and democracy generally; mittee shall determine an appropriate ratio Arms Export Control Act, the Export Admin- and the Hague Convention on the Civil As- of majority to minority party Members for istration Act, and sanctions laws pertaining pects of International Child Abduction, and each subcommittee. Party representation on to individual countries and the provision of related issues. each subcommittee or conference committee foreign assistance (which is reserved to the The Subcommittee on Europe, Eurasia, shall be no less favorable to the majority full Committee). Oversight of matters relat- and Emerging Threats: In addition to its re- party than the ratio for the full Committee. ing to international economic and trade pol- gional jurisdiction, with the concurrence of The Chairman and the Ranking Minority icy; commerce with foreign countries; inter- the Chairman of the full Committee, over- Member are authorized to negotiate matters

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.026 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H476 CONGRESSIONAL RECORD — HOUSE January 21, 2015 affecting such ratios including the size of and with the approval of the Chairman in given notice of any such regulations and pro- subcommittees and conference committees. specific instances, a designated person may cedures promptly. They may be modified or 18. SUBCOMMITTEE FUNDING AND RECORDS be permitted access to other classified mate- waived in any or all particulars by a major- rials. Designation of a staff person shall be ity vote of the full Committee. Each subcommittee shall have adequate by letter from the Committee Member to the funds to discharge its responsibility for leg- 21. BROADCASTING OF COMMITTEE HEARINGS AND Chairman. islation and oversight. MEETINGS (c) Location. Classified information will be In order to facilitate Committee compli- All Committee and subcommittee meet- stored in secure safes in the Office of the Se- ance with clause 2(e)(1) of rule XI of the ings or hearings which are open to the public curity Officer and in the Office of the Minor- House of Representatives, each sub- may be covered, in whole or in part, by tele- ity Staff Director. All materials classified committee shall keep a complete record of vision broadcast, radio broadcast, and still Top Secret or higher must be stored in a Se- all subcommittee actions which shall include photography, or by any such methods of cov- cure Compartmentalized Information Facil- a record of the votes on any question on erage in accordance with the provisions of ity (SCIF). which a record vote is demanded. The result clause 3 of House rule XI. (d) Handling. Materials classified Confiden- The Chairman of the full Committee or a of each record vote shall be promptly made tial or Secret may be taken from Committee subcommittee shall determine, in his or her available to the full Committee for inspec- offices to other Committee offices and hear- discretion, the number of television and still tion by the public in accordance with rule 9 ing rooms by Members of the Committee and cameras permitted in a hearing or meeting of the Committee. authorized Committee staff in connection room, but shall not limit the number of tele- All subcommittee hearings, records, data, with hearings and briefings of the Com- vision or still cameras to fewer than two (2) charts, and files shall be kept distinct from mittee or its subcommittees for which such representatives from each medium. the congressional office records of the Mem- information is deemed to be essential. Re- Such coverage shall be in accordance with ber serving as Chairman of the sub- moval of such information from the Com- the following requirements contained in sec- committee. Subcommittee records shall be mittee offices shall be only with the permis- tion 116(b) of the Legislative Reorganization coordinated with the records of the full Com- sion of the Chairman under procedures de- Act of 1970, and clause 4 of XI of the Rules of mittee, shall be the property of the House, signed to ensure the safe handling and stor- the House of Representatives: and all Members of the House shall have ac- age of such information at all times. Except (a) If the television, Internet or radio cov- cess thereto. as provided in this paragraph, Top Secret erage of the hearing or meeting is to be pre- 19. MEETINGS OF SUBCOMMITTEE CHAIRMEN materials may not be taken from approved sented to the public as live coverage, that The Chairman shall call a meeting of the storage areas for any purpose, except that coverage shall be conducted and presented subcommittee chairmen on a regular basis such materials may be taken to hearings and without commercial sponsorship. not less frequently than once a month. Such other meetings that are being conducted at (b) No witness served with a subpoena by a meeting need not be held if there is no the Top Secret level when necessary. Mate- the Committee shall be required against his business to conduct. It shall be the practice rials classified Top Secret may otherwise be will to be photographed at any hearing or to at such meetings to review the current agen- used under conditions approved by the Chair- give evidence or testimony while the broad- da and activities of each of the subcommit- man after consultation with the Ranking Mi- casting of that hearing, by radio or tele- tees. nority Member. vision is being conducted. At the request of any such witness who does not wish to be 20. ACCESS TO CLASSIFIED INFORMATION (e) Notice. Appropriate notice of the re- ceipt of classified documents received by the subjected to radio, television, Internet or (a) Authorized Persons. In accordance with Committee from the Executive Branch will still photography coverage, all lenses shall the stipulations of the Rules of the House of be sent promptly to Committee Members be covered and all microphones used for cov- Representatives, all Members of the House through the Survey of Activities or by other erage turned off. This subparagraph is sup- who have executed the oath required by means. plementary to clause 2(k)(5) of rule XI of the clause 13 of rule XXIII of the House of Rep- (f) Access. Except as provided for above, Rules of the House of Representatives relat- resentatives shall be authorized to have ac- access to materials classified Top Secret or ing to the protection of the rights of wit- cess to classified information within the pos- otherwise restricted held by the Committee nesses. (c) The allocation among cameras per- session of the Committee. will be in approved Committee spaces. The mitted by the Chairman of the full Com- Members of the Committee staff shall be following procedures will be observed: considered authorized to have access to clas- (1) Authorized persons will be permitted mittee or a subcommittee in a hearing room shall be in accordance with fair and equi- sified information within the possession of access to classified documents after inquir- table procedures devised by the Executive the Committee when they have the proper ing of the Staff Director or an assigned staff Committee of the Radio and Television Cor- security clearances, when they have exe- member. Access to the SCIF will be afforded cuted the oath required by clause 13 of rule respondents’ Galleries. during regular Committee hours. (d) Television cameras shall be placed so as XXIII of the House of Representatives, and (2) Authorized persons will be required to not to obstruct in any way the space between when they have a demonstrable need to identify themselves, to identify the docu- any witness giving evidence or testimony know. The decision on whether a given staff ments or information they wish to view, and and Member of the Committee or its sub- member has a need to know will be made on to sign the Classified Materials Log, which is committees or the visibility of that witness the following basis: kept with the classified information. (1) In the case of the full Committee ma- and that Member to each other. (3) The assigned staff member will be re- (e) Television cameras shall operate from jority staff, by the Chairman, acting through sponsible for maintaining a log which identi- the Staff Director; fixed positions but shall not be placed in po- fies: sitions which obstruct unnecessarily the cov- (2) In the case of the full Committee mi- (1) authorized persons seeking access, (2) erage of the hearing by the other media. nority staff, by the Ranking Minority Mem- the classified information requested, and (3) (f) Equipment necessary for coverage by ber of the Committee, acting through the the time of arrival and departure of such per- the television and radio media shall not be Minority Staff Director; sons. The assigned staff member will also as- installed in, or removed from, the hearing or (3) In the case of subcommittee majority sure that the classified materials are re- meeting room while the Committee or sub- staff, by the chairman of the subcommittee; turned to the proper location. committee is in session. (4) In the case of the subcommittee minor- (g) Divulgence. Classified information pro- (g) Floodlights, spotlights, strobe lights, ity staff, by the Ranking Minority Member vided to the Committee by the Executive and flashguns shall not be used in providing of the subcommittee. Branch shall be handled in accordance with any method of coverage of the hearing or No other individuals shall be considered the procedures that apply within the Execu- meeting, except that the television media authorized persons, unless so designated by tive Branch for the protection of such infor- may install additional lighting in the hear- the Chairman of the full Committee. mation. Any classified information to which ing room, without cost to the Government, (b) Designated Persons. Each Committee access has been gained through the Com- in order to raise the ambient lighting level Member is permitted to designate one mem- mittee may not be divulged to any unauthor- in the hearing room to the lowest level nec- ber of his or her staff as having the right of ized person. Classified material shall not be essary to provide adequate television cov- access to information classified Confidential. photocopied or otherwise reproduced. In no erage of the hearing or meeting at the cur- Such designated persons must have the prop- event shall classified information be dis- rent state-of-the-art level of television cov- er security clearance, have executed the oath cussed in a non-secure environment. Appar- erage. required by clause 13 of rule XXIII of the ent violations of this rule should be reported (h) In the allocation of the number of still House of Representatives, and have a need to as promptly as possible to the Chairman for photographers permitted by the Chairman of know as determined by his or her principal. appropriate action. the full Committee or a subcommittee in a Upon request of a Committee Member in spe- (h) Other Regulations. The Chairman, after hearing or meeting room, preference shall be cific instances, a designated person also consultation with the Ranking Minority given to photographers from Associated shall be permitted access to information Member, may establish such additional regu- Press Photos, United Press International classified Secret which has been furnished to lations and procedures as in his judgment News pictures, and Reuters. If requests are the Committee pursuant to section 36 of the may be necessary to safeguard classified in- made by more of the media than will be per- Arms Export Control Act, as amended. Upon formation under the control of the Com- mitted by the Chairman of the full Com- the written request of a Committee Member mittee. Members of the Committee will be mittee or a subcommittee for coverage of the

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.027 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H477 hearing or meeting by still photography, Ranking Minority Member prior to the no- Narrows; Queen Anne’s County, MD [Docket that coverage shall be made on the basis of tice of the hearing pursuant to Committee No.: USCG-2014-0898] (RIN: 1625-AA00) re- a fair and equitable pool arrangement de- rule 5. ceived January 7, 2015, pursuant to 5 U.S.C. vised by the Standing Committee of Press 25. OTHER PROCEDURES AND REGULATIONS 801(a)(1)(A); to the Committee on Transpor- Photographers. tation and Infrastructure. The Chairman, in consultation with the (i) Photographers shall not position them- 98. A letter from the Management and Pro- Ranking Minority Member, may establish selves, at any time during the course of the gram Analyst, FAA, Department of Trans- such other procedures and take such actions hearing or meeting, between the witness portation, transmitting the Department’s as may be necessary to carry out the fore- table and the Members of the Committee or final rule — Harmonization of Airworthiness going rules or to facilitate the effective oper- its subcommittees. Standards —-Gust and Maneuver Load Re- ation of the Committee. Any additional pro- (j) Photographers shall not place them- quirements [Docket No.: FAA-2013-0142; cedures or regulations may be modified or selves in positions which obstruct unneces- Amdt. No.: 25-141] (RIN: 2120-AK12) received rescinded in any or all particulars by a ma- sarily the coverage of the hearing by the January 12, 2015, pursuant to 5 U.S.C. jority vote of the full Committee. other media. 801(a)(1)(A); to the Committee on Transpor- (k) Personnel providing coverage by the f tation and Infrastructure. television and radio media shall be currently 99. A letter from the Management and Pro- accredited to the Radio and Television Cor- ADJOURNMENT gram Analyst, FAA, Department of Trans- respondents’ Galleries. Ms. FOXX. Mr. Speaker, I move that portation, transmitting the Department’s (l) Personnel providing coverage by still the House do now adjourn. final rule — Prohibition Against Certain photography shall be currently accredited to The motion was agreed to; accord- Flights Within the Damascus (OSTT) Flight the Press Photographers’ Gallery Committee Information Region (FIR) [Docket No.: FAA- of Press Photographers. ingly (at 9 o’clock and 51 minutes 2014-0708; Amendment No.: 91-334; SFAR No.: (m) Personnel providing coverage by the p.m.), under its previous order, the 114] (RIN: 2120-AK61) received January 12, television and radio media and by still pho- House adjourned until tomorrow, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the tography shall conduct themselves and their Thursday, January 22, 2015, at 9 a.m. Committee on Transportation and Infra- coverage activities in an orderly and unob- f structure. trusive manner. f 22. SUBPOENA POWERS EXECUTIVE COMMUNICATIONS, A subpoena may be authorized and issued ETC. REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS by the Chairman, in accordance with clause Under clause 2 of rule XIV, executive 2(m) of rule XI of the House of Representa- communications were taken from the Under clause 2 of rule XIII, reports of tives, in the conduct of any investigation or Speaker’s table and referred as follows: committees were delivered to the Clerk activity or series of investigations or activi- for printing and reference to the proper ties within the jurisdiction of the Com- 91. A letter from the Regulatory Specialist, mittee, following consultation with the LRAD, Office of the Comptroller of the Cur- calendar, as follows: Ranking Minority Member. rency, Department of the Treasury, trans- Ms. FOXX: Committee on Rules. House In addition, a subpoena may be authorized mitting the Department’s Major final rule — Resolution 42. Resolution providing for con- and issued by the Committee or its sub- Credit Risk Retention [Docket No.: OCC- sideration of the bill (H.R. 7) to prohibit tax- committees in accordance with clause 2(m) 2013-0010] (RIN: 1557-AD40) received January payer funded abortions (Rept. 114–4). Re- of rule XI of the House of the Representa- 14, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to ferred to the House Calendar. tives, in the conduct of any investigation or the Committee on Financial Services. f activity or series of investigations or activi- 92. A letter from the Director, Office of ties, when authorized by a majority of the Legislative Affairs, Federal Deposit Insur- PUBLIC BILLS AND RESOLUTIONS Members voting, a majority of the Com- ance Corporation, transmitting the Corpora- Under clause 2 of rule XII, public mittee or subcommittee being present. tion’s Major final rule — Credit Risk Reten- bills and resolutions of the following Authorized subpoenas shall be signed by tion [Docket No.: OCC-2013-0010] (RIN: 1557- the Chairman or by any Member designated AD40) received January 15, 2015, pursuant to titles were introduced and severally re- by the Committee. 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- ferred, as follows: 23. RECOMMENDATION FOR APPOINTMENT OF nancial Services. By Mr. SMITH of New Jersey (for him- CONFEREES 93. A letter from the Secretary, Depart- self, Mr. LIPINSKI, Mr. PITTS, Ms. ment of the Treasury, transmitting as re- FOXX, Mrs. BLACK, Mrs. BLACKBURN, Whenever the Speaker is to appoint a con- quired by section 401(c) of the National Mrs. WAGNER, Mrs. WALORSKI, Mrs. ference committee, the Chairman shall rec- Emergencies Act, 50 U.S.C. 1641(c), and sec- ROBY, Ms. ROS-LEHTINEN, Mrs. LUM- ommend to the Speaker as conferees those tion 204(c) of the International Emergency MIS, Mrs. ELLMERS, Mrs. MIMI WAL- Members of the Committee who are pri- Economic Powers Act, 50 U.S.C. 1703(c), a TERS of California, Mrs. HARTZLER, marily responsible for the legislation (in- six-month periodic report on the national Mrs. MCMORRIS RODGERS, Mr. cluding to the full extent practicable the emergency with respect to Cote d’Ivoire that MCCARTHY, Mr. SCALISE, Mr. principal proponents of the major provisions was declared in Executive Order 13396 of Feb- MCHENRY, Mr. SESSIONS, Ms. JENKINS of the bill as it passed the House), who have ruary 7, 2006, pursuant to 50 U.S.C. 1641(c); to of Kansas, and Mr. BOEHNER): actively participated in the Committee or the Committee on Foreign Affairs. H.R. 7. A bill to prohibit taxpayer funded subcommittee consideration of the legisla- 94. A letter from the Delegate of the Chief abortions; to the Committee on Energy and tion, and who agree to attend the meetings Financial Officer, Department of Education, Commerce, and in addition to the Commit- of the conference. With regard to the ap- transmitting notification that, pursuant to tees on Ways and Means, and the Judiciary, pointment of minority Members, the Chair- the provisions of the Federal Activities In- for a period to be subsequently determined man shall consult with the Ranking Minor- ventory Reform (FAIR) Act of 1998 (Pub. L. by the Speaker, in each case for consider- ity Member. 105-270), OMB Circular A-76, and OMB Memo ation of such provisions as fall within the ju- 24. GENERAL OVERSIGHT M-12-09, dated March 26, 2012, the Depart- risdiction of the committee concerned. Not later than February 15th of the first ment’s report for fiscal years 2012 and 2013 is By Mr. SARBANES (for himself, Ms. session of a Congress, the Committee shall now available online; to the Committee on PELOSI, Mrs. BEATTY, Mr. BECERRA, meet in open session, with a quorum present, Oversight and Government Reform. Mr. BEYER, Mr. BLUMENAUER, Ms. to adopt its oversight plans for that Con- 95. A letter from the Chairman, Merit Sys- BONAMICI, Mr. BRADY of Pennsyl- gress for submission to the Committee on tems Protection Board, transmitting a re- vania, Ms. BROWN of Florida, Ms. House Administration and the Committee on port entitled ‘‘The Impact of Recruitment BROWNLEY of California, Mrs. BUSTOS, Oversight and Government Reform, in ac- Strategy on Fair and Open Competition for Mrs. CAPPS, Mr. CAPUANO, Mr. CAR- cordance with the provisions of clause 2(d) of Federal Jobs’’, pursuant to 5 U.S.C. NEY, Mr. CARSON of Indiana, Mr. CAS- rule X of the House of Representatives. 1204(a)(3); to the Committee on Oversight TRO of Texas, Ms. JUDY CHU of Cali- In accordance with the provisions of clause and Government Reform. fornia, Mr. CICILLINE, Ms. CLARK of 2(n) of rule XI of the House of Representa- 96. A letter from the Staff Director, Com- Massachusetts, Ms. CLARKE of New tives, the Committee or a subcommittee mission on Civil Rights, transmitting a copy York, Mr. CLYBURN, Mr. COHEN, Mr. thereof shall hold at least one hearing during of the charter for the U.S. Commission on CONNOLLY, Mr. COOPER, Mr. COURT- each 120-day period following its establish- Civil Rights state advisory committees; to NEY, Mr. CROWLEY, Mr. CUMMINGS, ment on the topic of waste, fraud, abuse, or the Committee on the Judiciary. Mrs. DAVIS of California, Mr. DEFA- mismanagement in programs within its ju- 97. A letter from the Attorney-Advisor, ZIO, Ms. DEGETTE, Mr. DELANEY, Ms. risdiction, as documented in reports received U.S. Coast Guard, Department of Homeland DELAURO, Ms. DELBENE, Mr. from a Federal Office of the Inspector Gen- Security, transmitting the Department’s DESAULNIER, Mr. DEUTCH, Mrs. DIN- eral or the Comptroller General of the temporary final rule — Safety Zone; Kent GELL, Mr. CARTWRIGHT, Ms. EDWARDS, United States that have been provided to the Narrows Draw Bridge Repairs, Kent Island Mr. ELLISON, Mr. ENGEL, Ms. ESTY,

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.028 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H478 CONGRESSIONAL RECORD — HOUSE January 21, 2015

Mr. FARR, Mr. FOSTER, Ms. FRANKEL treatment of coordinated expenditures as such provisions as fall within the jurisdic- of Florida, Ms. FUDGE, Mr. GALLEGO, contributions to candidates, and for other tion of the committee concerned. Mr. GRAYSON, Mr. AL GREEN of Texas, purposes; to the Committee on House Admin- By Mr. POE of Texas (for himself, Mr. Mr. GENE GREEN of Texas, Mr. GRI- istration. RYAN of Ohio, and Mr. COSTA): JALVA, Mr. GUTIE´ RREZ, Ms. HAHN, Mr. By Mr. JODY B. HICE of Georgia (for H.R. 428. A bill to provide for the expedited HASTINGS, Mr. HECK of Washington, himself, Mr. WESTMORELAND, Mr. approval by the Secretary of Energy of lique- Mr. HIMES, Ms. NORTON, Mr. HONDA, COLLINS of Georgia, Mr. LOUDERMILK, fied natural gas exports, and for other pur- Mr. HOYER, Mr. HUFFMAN, Mr. Mr. CARTER of Georgia, Mr. ALLEN, poses; to the Committee on Energy and Com- ISRAEL, Ms. EDDIE BERNICE JOHNSON Mr. AUSTIN SCOTT of Georgia, and Mr. merce, and in addition to the Committee on of Texas, Mr. JOHNSON of Georgia, GRAVES of Georgia): Foreign Affairs, for a period to be subse- Mr. JONES, Ms. KAPTUR, Mr. KEN- H.R. 426. A bill to provide that human life quently determined by the Speaker, in each NEDY, Mr. KILMER, Mr. KIND, Mrs. shall be deemed to begin with fertilization; case for consideration of such provisions as KIRKPATRICK, Mr. LANGEVIN, Mr. LAR- to the Committee on the Judiciary. fall within the jurisdiction of the committee SEN of Washington, Mr. LARSON of By Mr. YOUNG of Indiana (for himself, concerned. Connecticut, Ms. LEE, Mr. LEWIS, Mr. Mr. MASSIE, Mr. SIMPSON, Mr. BRADY By Mr. JOHNSON of Georgia (for him- of Texas, Mr. DESJARLAIS, Mr. SMITH TED LIEU of California, Mr. self, Mr. THOMPSON of Mississippi, of Texas, Mr. SMITH of Nebraska, Mr. LOEBSACK, Ms. LOFGREN, Mr. Ms. LEE, Ms. JUDY CHU of California, JONES, Mr. JENKINS of West Virginia, LOWENTHAL, Mrs. LOWEY, Ms. Mr. RANGEL, Mr. ELLISON, Ms. JACK- Mr. ROUZER, Mr. MURPHY of Pennsyl- MICHELLE LUJAN GRISHAM of New SON LEE, Ms. NORTON, Mr. CONYERS, vania, Mr. ROE of Tennessee, Mr. Mexico, Mr. LYNCH, Mrs. CAROLYN B. Ms. WILSON of Florida, Mr. CLAY, Mr. POSEY, Mr. SESSIONS, Mr. FRANKS of MALONEY of New York, Mr. SEAN CICILLINE, Ms. BASS, Ms. EDDIE BER- Arizona, Mr. STEWART, Mr. RIBBLE, PATRICK MALONEY of New York, Ms. NICE JOHNSON of Texas, Mr. DANNY K. ATSUI C OLLUM Mr. WEBER of Texas, Mr. ROTHFUS, M , Ms. M C , Mr. DAVIS of Illinois, Mr. GUTIE´ RREZ, Mr. MCDERMOTT, Mr. MCGOVERN, Ms. Mr. TIPTON, Mr. YOHO, Mr. THORN- BEYER, Mr. NADLER, Mr. KUSTER, Mr. MCNERNEY, Mr. MEEKS, BERRY, Mr. WESTMORELAND, Mr. TUR- BUTTERFIELD, Mr. JEFFRIES, Mr. Ms. MENG, Ms. MOORE, Mr. MURPHY of NER, Mr. BRIDENSTINE, Mr. KELLY of DAVID SCOTT of Georgia, and Mr. Florida, Mr. NADLER, Mrs. NAPOLI- Pennsylvania, Mr. FLORES, Mr. LEWIS): TANO, Mr. NOLAN, Mr. O’ROURKE, Mr. PEARCE, Mr. WILSON of South Caro- H.R. 429. A bill to provide that in the case PALLONE, Mr. PASCRELL, Mr. PERL- lina, Mr. CHAFFETZ, Mr. RODNEY of a law enforcement officer who uses deadly MUTTER, Mr. PETERS, Ms. PINGREE, DAVIS of Illinois, Mr. MCCAUL, Mr. force against a person, and thereby causes Mr. POCAN, Mr. POLIS, Mr. QUIGLEY, RICE of South Carolina, Mr. HANNA, the death of that person, a hearing shall be Mr. RANGEL, Mr. BEN RAY LUJA´ N of Mr. STIVERS, Mr. DUNCAN of South conducted before a judge to determine New Mexico, Miss RICE of New York, Carolina, Mr. OLSON, Mr. BLUM, Mr. whether there is probable cause for the State Ms. ROYBAL-ALLARD, Mr. RUPPERS- GRAVES of Missouri, Mr. WILLIAMS, to bring criminal charges against the law en- BERGER, Mr. RUSH, Ms. SCHAKOWSKY, Mr. HARPER, Mr. HUIZENGA of Michi- forcement officer relating to the death of the Mr. SCHRADER, Mr. SCOTT of Virginia, gan, Mr. LONG, Mr. BENISHEK, Mr. person, and for other purposes; to the Com- Mr. SERRANO, Ms. SEWELL of Ala- SALMON, Mrs. BLACK, Mr. MCKINLEY, mittee on the Judiciary. bama, Mr. SHERMAN, Mr. SIRES, Ms. Mr. GIBSON, Mr. JOLLY, Mr. POMPEO, By Mr. VAN HOLLEN (for himself, Ms. SLAUGHTER, Mr. SMITH of Wash- Mr. LATTA, Mr. GOODLATTE, Mr. PELOSI, Mr. CLYBURN, Mr. BECERRA, ington, Ms. SPEIER, Mr. SWALWELL of MULLIN, Mr. WALBERG, Mr. BUCSHON, Mr. CROWLEY, Mr. ISRAEL, Ms. California, Mr. TAKAI, Mr. TAKANO, Mr. PITTENGER, Mr. FINCHER, Mr. DELAURO, Ms. EDWARDS, Mr. BRADY Mr. THOMPSON of California, Mr. FARENTHOLD, Mr. HUELSKAMP, Mr. of Pennsylvania, Mr. LEVIN, Mr. TONKO, Ms. TSONGAS, Mr. VAN HOL- GOSAR, Mr. MCCLINTOCK, Mr. YOUNG SCHIFF, Mr. PALLONE, Mr. GRIJALVA, LEN, Mr. VARGAS, Mr. WALZ, Ms. of Alaska, Mr. COLE, Mr. FORTEN- Mr. CONYERS, Mr. ENGEL, Mr. SMITH WASSERMAN SCHULTZ, Mr. WELCH, Ms. BERRY, Mr. BOUSTANY, Mr. COSTELLO of Washington, Mrs. LOWEY, Mr. WILSON of Florida, Mr. YARMUTH, Ms. of Pennsylvania, Mr. CRENSHAW, Mr. SCOTT of Virginia, Mr. CUMMINGS, Ms. KELLY of Illinois, Mr. BERA, Ms. VALADAO, Mr. BROOKS of Alabama, SLAUGHTER, Mr. PRICE of North Caro- ADAMS, Mr. DANNY K. DAVIS of Illi- Mr. ROKITA, Mr. GIBBS, Mr. CULBER- lina, Mr. HIGGINS, Ms. MCCOLLUM, nois, Mrs. WATSON COLEMAN, Mr. CON- SON, Mr. CLAWSON of Florida, Mr. Mr. QUIGLEY, Mr. SWALWELL of Cali- YERS, and Mr. BUTTERFIELD): MESSER, Mr. FORBES, Mr. BARR, Mrs. fornia, Ms. NORTON, Mr. LIPINSKI, Mr. H.R. 20. A bill to reform the financing of NOEM, Mr. WEBSTER of Florida, Mr. PASCRELL, Mr. MCDERMOTT, Mr. Congressional elections by broadening par- HUNTER, Mr. DIAZ-BALART, Mr. HIMES, Mr. KILMER, Mr. LANGEVIN, ticipation by small dollar donors, and for CHABOT, Mrs. MCMORRIS RODGERS, Ms. BONAMICI, Mr. WELCH, Mrs. DAVIS other purposes; to the Committee on House Mr. GUTHRIE, Mr. HUDSON, Ms. JEN- of California, Mr. CARNEY, Mr. Administration, and in addition to the Com- KINS of Kansas, Mr. TIBERI, Mr. mittees on Energy and Commerce, and Ways LOEBSACK, Mr. DEUTCH, Ms. MOORE, WENSTRUP, Mrs. LUMMIS, Mr. GAR- and Means, for a period to be subsequently Ms. TSONGAS, Ms. DELBENE, Mr. RETT, Mr. CRAWFORD, Mrs. BLACK- determined by the Speaker, in each case for VARGAS, Mr. CONNOLLY, Ms. WILSON BURN, Mr. NUGENT, Mr. SHIMKUS, Mr. consideration of such provisions as fall with- of Florida, Ms. PINGREE, Mr. LARSON FITZPATRICK, Mr. DUNCAN of Ten- in the jurisdiction of the committee con- of Connecticut, Mr. POLIS, Mr. nessee, Mr. SAM JOHNSON of Texas, cerned. LYNCH, Ms. SCHAKOWSKY, Mr. SAR- Mr. LAMALFA, Mr. PALAZZO, Mr. By Mr. COLLINS of Georgia (for him- BANES, Mr. VISCLOSKY, Mr. HECK of FLEISCHMANN, Mr. MEADOWS, Mr. self, Mr. FRANKS of Arizona, and Mr. Washington, Mr. NOLAN, Mr. FARR, HENSARLING, Mr. GUINTA, Mr. GOH- VALADAO): Mr. COHEN, Ms. ESTY, Mr. MCGOVERN, MERT, Mr. BYRNE, Mr. LOUDERMILK, H.R. 423. A bill to amend title 38, United Ms. KUSTER, Ms. KAPTUR, Mr. TONKO, Mr. MILLER of Florida, Mrs. States Code, to improve the care provided by Mr. NADLER, Ms. MATSUI, Mr. ELLI- WALORSKI, Mr. ROSKAM, Mr. the Secretary of Veterans Affairs to newborn SON, Mr. CAPUANO, Mr. DANNY K. GROTHMAN, Mr. NUNNELEE, Mr. children; to the Committee on Veterans’ Af- DAVIS of Illinois, Mr. LOWENTHAL, fairs. NUNES, Mr. CRAMER, Mr. YODER, Mrs. Mr. AL GREEN of Texas, Ms. By Mr. PRICE of North Carolina (for BROOKS of Indiana, Mr. ROGERS of MICHELLE LUJAN GRISHAM of New himself and Mr. VAN HOLLEN): Alabama, Mr. HARDY, Mr. SMITH of Mexico, Mr. BEN RAY LUJA´ N of New H.R. 424. A bill to amend the Internal Rev- Missouri, Mr. GRIFFITH, Mr. FRELING- Mexico, Mr. THOMPSON of California, enue Code of 1986 to reform the system of HUYSEN, Mrs. WAGNER, Mr. BABIN, Mr. Mr. BLUMENAUER, Mr. SHERMAN, Mr. public financing for Presidential elections, COLLINS of New York, Mr. SCHOCK, RYAN of Ohio, Mr. DESAULNIER, Mrs. to establish a system of public financing for Mr. HULTGREN, Mr. DESANTIS, Mr. CAPPS, Mr. MURPHY of Florida, Mr. Congressional elections, to promote the dis- WOMACK, Mr. KLINE, Mr. HECK of Ne- SERRANO, and Mr. DEFAZIO): closure of disbursements made in coordina- vada, Mr. MARINO, Mr. RYAN of Wis- tion with campaigns for election for Federal consin, Mr. LAMBORN, Mr. MULVANEY, H.R. 430. A bill to amend the Federal Elec- office, and for other purposes; to the Com- Mr. AMODEI, and Mr. MOONEY of West tion Campaign Act of 1971 to provide for ad- mittee on House Administration, and in ad- Virginia): ditional disclosure requirements for corpora- dition to the Committee on Ways and Means, H.R. 427. A bill to amend chapter 8 of title tions, labor organizations, and other enti- for a period to be subsequently determined 5, United States Code, to provide that major ties, and for other purposes; to the Com- by the Speaker, in each case for consider- rules of the executive branch shall have no mittee on House Administration, and in ad- ation of such provisions as fall within the ju- force or effect unless a joint resolution of ap- dition to the Committees on the Judiciary, risdiction of the committee concerned. proval is enacted into law; to the Committee and Ways and Means, for a period to be sub- By Mr. PRICE of North Carolina (for on the Judiciary, and in addition to the sequently determined by the Speaker, in himself and Mr. VAN HOLLEN): Committees on Rules, and the Budget, for a each case for consideration of such provi- H.R. 425. A bill to amend the Federal Elec- period to be subsequently determined by the sions as fall within the jurisdiction of the tion Campaign Act of 1971 to clarify the Speaker, in each case for consideration of committee concerned.

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\L21JA7.100 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H479

By Ms. SEWELL of Alabama (for her- South Carolina, and Mr. CLAWSON of DELBENE, Mrs. NAPOLITANO, Mr. self, Mrs. ROBY, Mr. ADERHOLT, Mr. Florida): SMITH of Washington, Mr. RUSH, Ms. BYRNE, Mr. BROOKS of Alabama, Mr. H.R. 439. A bill to suspend foreign assist- MCCOLLUM, Mr. RYAN of Ohio, Mr. ROGERS of Alabama, and Mr. PALM- ance to certain countries related to unlawful HASTINGS, Ms. BROWN of Florida, Mr. ER): migration; to the Committee on Foreign Af- HECK of Washington, Mr. HIMES, Mr. H.R. 431. A bill to award a Congressional fairs. DAVID SCOTT of Georgia, Mr. FOSTER, Gold Medal to the Foot Soldiers who partici- By Mr. BOUSTANY: Mr. POCAN, Mr. BRADY of Pennsyl- pated in Bloody Sunday, Turnaround Tues- H.R. 440. A bill to ensure that long-term vania, Mr. KILMER, Mr. SHERMAN, Mr. day, or the final Selma to Montgomery Vot- unemployed individuals are not taken into VAN HOLLEN, Ms. LINDA T. SA´ NCHEZ ing Rights March in March of 1965, which account for purposes of the employer health of California, Ms. MOORE, Mrs. WAT- served as a catalyst for the Voting Rights care coverage mandate; to the Committee on SON COLEMAN, Ms. ADAMS, Mr. VIS- Act of 1965; to the Committee on Financial Ways and Means. CLOSKY, and Ms. CLARKE of New Services. By Mr. BOUSTANY: York): By Mr. LUETKEMEYER (for himself, H.R. 441. A bill to provide for a technical H.R. 448. A bill to protect a woman’s right Mrs. CAROLYN B. MALONEY of New change to the Medicare long-term care hos- to determine whether and when to bear a York, Mr. ROTHFUS, Mr. MULVANEY, pital moratorium exception; to the Com- child or end a pregnancy by limiting restric- Mr. MURPHY of Florida, Mr. FOSTER, mittee on Ways and Means. tions on the provision of abortion services; and Mr. GUINTA): By Mr. BRADY of Pennsylvania: to the Committee on Energy and Commerce. H.R. 432. A bill to amend the Investment H.R. 442. A bill to amend title 18, United By Mr. DELANEY: Advisers Act of 1940 to prevent duplicative States Code, to extend the coverage of the H.R. 449. A bill to amend title 11 of the regulation of advisers of small business in- Federal prohibition against hate crimes in United States Code to make student loans vestment companies; to the Committee on order to provide greater protections to per- dischargeable; to the Committee on the Ju- Financial Services. sons who are gay, lesbian, bisexual, or diciary. By Mr. THOMPSON of Pennsylvania transgender; to the Committee on the Judi- By Mr. ELLISON: (for himself, Mr. FITZPATRICK, Mr. ciary. H.R. 450. A bill to amend the Federal Elec- DENT, Mr. KELLY of Pennsylvania, By Mr. BRIDENSTINE: tion Campaign Act of 1971 to prohibit crimi- Mr. ABRAHAM, Mr. BARLETTA, Mr. H.R. 443. A bill to streamline the collection nal corporations from making disbursements MARINO, Mr. MEEHAN, Mr. ROTHFUS, and distribution of government information; of funds in connection with a campaign for Mr. PERRY, Mr. MACARTHUR, Mr. to the Committee on Science, Space, and election for Federal, State, or local office; to PITTS, Mr. GOHMERT, Mr. POE of Technology. the Committee on House Administration. Texas, Mr. SHUSTER, Mr. MURPHY of By Ms. BROWNLEY of California: By Mr. FLEISCHMANN: Pennsylvania, Mr. CARTWRIGHT, Mr. H.R. 444. A bill to expand the research and H.R. 451. A bill to ensure the functionality MICHAEL F. DOYLE of Pennsylvania, education on and delivery of complementary and security of new Federal websites that Mr. BRADY of Pennsylvania, Mr. COS- and alternative medicine to veterans, and for collect personally identifiable information, TELLO of Pennsylvania, Mr. LAB- other purposes; to the Committee on Vet- and for other purposes; to the Committee on RADOR, Mr. SIMPSON, Mr. FRELING- erans’ Affairs. Oversight and Government Reform. HUYSEN, Mr. WALZ, Mr. FATTAH, Mr. By Mr. BUCSHON: By Mr. GIBSON (for himself, Ms. H.R. 445. A bill to amend title 5, United BRENDAN F. BOYLE of Pennsylvania, SINEMA, Mr. JOYCE, Mr. MEEHAN, Mrs. States Code, to require that scientific stud- and Mr. BLUM): NAPOLITANO, Mr. SIRES, Mr. CART- H.R. 433. A bill to designate the facility of ies used in a rule making be published, and WRIGHT, Mr. DEFAZIO, Mr. UPTON, Ms. the United States Postal Service located at for other purposes; to the Committee on the TITUS, Mr. VALADAO, Mr. NOLAN, Mr. 523 East Railroad Street in Knox, Pennsyl- Judiciary. KATKO, Mr. TAKANO, Mr. THOMPSON of vania, as the ‘‘Specialist Ross A. McGinnis By Mr. CAPUANO (for himself, Mr. Pennsylvania, Mr. REED, and Mr. Memorial Post Office’’; to the Committee on LYNCH, Mr. DEFAZIO, Ms. NORTON, SIMPSON): Oversight and Government Reform. Mr. ELLISON, Mr. LARSON of Con- H.R. 452. A bill to amend the Elementary By Mr. BURGESS: necticut, Mr. GRIJALVA, Mr. CON- and Secondary Education Act of 1965 to clar- H.R. 434. A bill to repeal certain amend- NOLLY, Mr. CUMMINGS, Ms. TSONGAS, ify when certain academic assessments shall ments to the Clean Air Act relating to the Mrs. DAVIS of California, Mr. CON- be administered; to the Committee on Edu- expansion of the renewable fuel program, and YERS, Mr. COHEN, Mr. TAKANO, Ms. cation and the Workforce. for other purposes; to the Committee on En- PINGREE, Mr. SARBANES, Mr. WELCH, By Mr. HULTGREN (for himself, Mr. ergy and Commerce. Ms. SLAUGHTER, Ms. MENG, and Mr. LIPINSKI, Mr. PITTS, Mr. NEUGE- By Mr. CHAFFETZ: HASTINGS): BAUER, Mr. MILLER of Florida, Mr. H.R. 435. A bill to direct the Secretary of H.R. 446. A bill to amend the Securities Ex- MULVANEY, Mr. FINCHER, Mr. MULLIN, the Interior to sell certain Federal lands in change Act of 1934 to require shareholder au- Mr. HUELSKAMP, Mr. JOHNSON of Arizona, Colorado, Idaho, Montana, Ne- thorization before a public company may Ohio, Mr. SALMON, Mr. NUNNELEE, braska, Nevada, New Mexico, Oregon, Utah, make certain political expenditures, and for Mr. JONES, Mr. LAMBORN, Mr. MEAD- and Wyoming, previously identified as suit- other purposes; to the Committee on Finan- OWS, Mr. POMPEO, and Mr. GOWDY): able for disposal, and for other purposes; to cial Services. H.R. 453. A bill to authorize the Secretary the Committee on Natural Resources. By Mr. CAPUANO: of Health and Human Services, acting By Ms. WASSERMAN SCHULTZ (for H.R. 447. A bill to amend the Federal Elec- through the Administrator of the Health Re- herself, Ms. FRANKEL of Florida, Ms. tion Campaign Act of 1971 to reduce the limit sources and Services Administration, to WILSON of Florida, Mr. DEUTCH, Mr. on the amount of certain contributions award grants on a competitive basis to pub- MURPHY of Florida, Mr. HUNTER, Mr. which may be made to a candidate with re- lic and private entities to provide qualified DIAZ-BALART, and Ms. ROS- spect to an election for Federal office; to the sexual risk avoidance education to youth LEHTINEN): Committee on House Administration. and their parents; to the Committee on En- H.R. 436. A bill to amend the Longshore By Ms. JUDY CHU of California (for ergy and Commerce. and Harbor Workers’ Compensation Act to herself, Ms. FUDGE, Ms. FRANKEL of By Mr. JONES: provide a definition of recreational vessel for Florida, Mr. CICILLINE, Ms. CLARK of H.R. 454. A bill to amend title 10, United purposes of such Act; to the Committee on Massachusetts, Mr. BEYER, Ms. States Code, to provide for forgiveness of Education and the Workforce. SPEIER, Ms. NORTON, Mr. RANGEL, Mr. certain overpayments of retired pay paid to By Mr. GIBBS: GRIJALVA, Mr. TAKANO, Mr. deceased retired members of the Armed H.R. 437. A bill to provide for the retention LOWENTHAL, Ms. WASSERMAN Forces following their death; to the Com- of the name of Mount McKinley; to the Com- SCHULTZ, Mr. DEFAZIO, Ms. LEE, Ms. mittee on Armed Services. mittee on Natural Resources. SCHAKOWSKY, Mr. HONDA, Mr. By Mr. KATKO (for himself, Mr. KING By Mr. GENE GREEN of Texas (for HUFFMAN, Mr. LOEBSACK, Ms. ESTY, of New York, Mrs. MILLER of Michi- himself, Mr. MCCAUL, Ms. JACKSON Ms. SLAUGHTER, Ms. DEGETTE, Mr. gan, and Mr. HIGGINS): LEE, and Ms. DELAURO): SCHIFF, Ms. HAHN, Ms. JACKSON LEE, H.R. 455. A bill to require the Secretary of H.R. 438. A bill to award a Congressional Ms. BROWNLEY of California, Mr. DOG- Homeland Security to conduct a northern Gold Medal to Joanne King Herring and post- GETT, Mr. DEUTCH, Ms. EDWARDS, Mr. border threat analysis, and for other pur- humously to each of Charles ‘‘Charlie’’ Wil- PERLMUTTER, Mr. SARBANES, Mr. poses; to the Committee on Homeland Secu- son and Gustav Lascaris ‘‘Gust’’ Avrakotos, ELLISON, Ms. BONAMICI, Mr. MCGOV- rity. in recognition of their personal sacrifice and ERN, Mr. NADLER, Mr. BERA, Mr. YAR- By Mr. MURPHY of Florida (for him- service to the country; to the Committee on MUTH, Ms. DELAURO, Mrs. BEATTY, self, Mr. MESSER, Ms. BORDALLO, Mr. Financial Services. Mr. TAKAI, Ms. PINGREE, Mr. JOLLY, Mr. DEUTCH, Mr. LIPINSKI, Mr. By Mr. WEBER of Texas (for himself, QUIGLEY, Ms. TITUS, Ms. KUSTER, Mr. ELLISON, Mr. DELANEY, Mr. RUSH, Mr. Mrs. ELLMERS, Mr. BROOKS of Ala- PETERS, Mrs. CAROLYN B. MALONEY of PITTENGER, Mr. TAKANO, Mr. bama, Mr. CHABOT, Mr. MASSIE, Mr. New York, Mr. GUTIE´ RREZ, Ms. BASS, DESJARLAIS, Mr. DIAZ-BALART, Mrs. DESJARLAIS, Mr. BABIN, Mr. RICE of Mr. CROWLEY, Ms. MATSUI, Ms. KIRKPATRICK, Mr. CRAMER, Mr.

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\L21JA7.100 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H480 CONGRESSIONAL RECORD — HOUSE January 21, 2015

FATTAH, Ms. LEE, Mr. ISRAEL, Ms. WALZ, Mr. CLEAVER, Mr. FINCHER, Mr. CAROLYN B. MALONEY of New York, FRANKEL of Florida, Mr. HONDA, Ms. WEBER of Texas, Mr. CARTER of Mr. MEEKS, Mr. KING of New York, KELLY of Illinois, Mr. HIGGINS, Mr. Texas, Ms. DELBENE, Mr. PEARCE, Mr. Mr. ISRAEL, Mr. ENGEL, Mrs. LOWEY, YOHO, Ms. WILSON of Florida, Mr. HUDSON, Mr. PETERSON, and Mr. Mr. SEAN PATRICK MALONEY of New CONNOLLY, Ms. MATSUI, Mr. JONES, NUGENT): York, Mr. ZELDIN, Mr. JEFFRIES, Mr. Ms. ROYBAL-ALLARD, Mr. H.R. 461. A bill to amend the Internal Rev- RANGEL, Ms. VELA´ ZQUEZ, Miss RICE of MCDERMOTT, Ms. ROS-LEHTINEN, Mr. enue Code of 1986 to provide tax incentives New York, and Ms. CLARKE of New LANGEVIN, Mr. GRIJALVA, Mr. HAS- for the donation of wild game meat; to the York): TINGS, Ms. WASSERMAN SCHULTZ, Mr. Committee on Ways and Means. H. Res. 43. A resolution expressing the RANGEL, Ms. MICHELLE LUJAN GRIS- By Mr. MCGOVERN (for himself, Mr. sense of the sense of the House recognizing HAM of New Mexico, Ms. MCCOLLUM, LYNCH, Mr. ELLISON, Mr. CAPUANO, and honoring the Fire Department of New Mr. CA´ RDENAS, Mr. LOBIONDO, Mr. Mr. COOPER, Mr. WELCH, Mr. DEFA- York; to the Committee on Oversight and ASHFORD, Mr. QUIGLEY, Mr. THOMP- ZIO, Ms. PINGREE, Mr. TAKANO, Mr. Government Reform. SON of California, Mr. BYRNE, Mr. KENNEDY, Mr. COHEN, Ms. LEE, Ms. f RYAN of Ohio, Ms. KUSTER, Mr. SEN- CLARK of Massachusetts, Mr. FARR, SENBRENNER, Mr. WESTERMAN, Mr. and Mr. GRIJALVA): H.J. Res. 23. A joint resolution proposing PRIVATE BILLS AND YARMUTH, Ms. JUDY CHU of Cali- RESOLUTIONS fornia, Mr. SIRES, Mr. VALADAO, Mr. an amendment to the Constitution of the BRENDAN F. BOYLE of Pennsylvania, United States to clarify the authority of Under clause 3 of rule XII, Congress and the States to regulate corpora- Ms. KAPTUR, Ms. BROWNLEY of Cali- Mr. KING of New York introduced a bill tions, limited liability companies or other fornia, Mr. MCCLINTOCK, Mr. (H.R. 462) for the relief of Alemseghed Mussie corporate entities established by the laws of SERRANO, Mrs. BUSTOS, Mr. GIBBS, Tesfamical; which was referred to the Com- any State, the United States, or any foreign Mr. CONYERS, Mr. COHEN, Mr. KING of mittee on the Judiciary. New York, and Mrs. LOWEY): state; to the Committee on the Judiciary. H.R. 456. A bill to amend title 38, United By Mr. CARNEY: f States Code, to include the cost of applying H.J. Res. 24. A joint resolution proposing to an institution of higher learning as part an amendment to the Constitution of the CONSTITUTIONAL AUTHORITY of the benefits provided under the Post-9/11 United States relating to the authority of STATEMENT Educational Assistance Program; to the Congress and the States to regulate political campaign contributions and expenditures, Pursuant to clause 7 of rule XII of Committee on Veterans’ Affairs. the Rules of the House of Representa- By Mr. PALLONE (for himself and Mr. including independent expenditures; to the LOBIONDO): Committee on the Judiciary. tives, the following statements are sub- H.R. 457. A bill to amend title 28 of the By Mr. POCAN (for himself, Mr. ELLI- mitted regarding the specific powers United States Code to exclude the State of SON, Mr. CUMMINGS, Ms. ROYBAL- granted to Congress in the Constitu- New Jersey from the prohibition on profes- ALLARD, Mr. CARTWRIGHT, Ms. NOR- tion to enact the accompanying bill or sional and amateur sports gambling to the TON, Mr. TAKANO, Mr. CONYERS, Ms. joint resolution. extent approved by the legislature of the BROWN of Florida, Mr. RANGEL, Mr. By Mr. SMITH of New Jersey: State; to the Committee on the Judiciary. LOWENTHAL, Ms. SCHAKOWSKY, Mr. H.R. 7. By Mr. SESSIONS (for himself and Mr. COHEN, Ms. EDWARDS, Mr. MCGOVERN, Congress has the power to enact this legis- PASCRELL): Ms. JUDY CHU of California, Ms. lation pursuant to the following: H.R. 458. A bill to amend the Employee Re- SLAUGHTER, Mr. GRIJALVA, Ms. CLARK The Congress’s Power under the Spending tirement Income Security Act of 1974 to per- of Massachusetts, Mr. HASTINGS, Ms. Clause in Article I, Section 8, of the Con- mit multiemployer plans in critical status to BASS, Ms. KAPTUR, Ms. MOORE, Mr. stitution. modify plan rules relating to withdrawal li- SERRANO, and Mr. HONDA): ability, and for other purposes; to the Com- H.J. Res. 25. A joint resolution proposing By Mr. SARBANES: mittee on Education and the Workforce. an amendment to the Constitution of the H.R. 20. By Mr. TIPTON (for himself, Mr. DUN- United States regarding the right to vote; to Congress has the power to enact this legis- CAN of South Carolina, Mr. MEADOWS, the Committee on the Judiciary. lation pursuant to the following: Mr. WEBER of Texas, Mr. SESSIONS, By Ms. ROS-LEHTINEN (for herself, Article I, Section 8 of the U.S. Constitu- Mr. ROE of Tennessee, Mr. MCCLIN- Mr. HONDA, Mrs. CAROLYN B. MALO- tion under the General Welfare Clause. TOCK, Mr. PEARCE, and Mr. NEY of New York, Ms. CLARKE of New By Mr. COLLINS of Georgia: PITTENGER): York, Ms. NORTON, Mr. POCAN, Ms. H.R. 423. H.R. 459. A bill to direct the Secretary of SPEIER, Ms. LORETTA SANCHEZ of Congress has the power to enact this legis- the Interior to establish goals for an all-of- California, Mr. LOWENTHAL, Ms. lation pursuant to the following: the-above energy production plan strategy TITUS, Mr. QUIGLEY, Mr. CICILLINE, Article 1, Section 8, Clause 14: To make on a 4-year basis on all onshore Federal Mr. CARTWRIGHT, Ms. LEE, Ms. Rules for the Government and Regulation of lands managed by the Department of the In- DELBENE, Mr. SIRES, Mr. ELLISON, our Land and Naval Forces. terior and the Forest Service; to the Com- Mrs. DAVIS of California, Mr. By Mr. PRICE of North Carolina: mittee on Natural Resources. TAKANO, and Ms. LINDA T. SA´ NCHEZ of H.R. 424. By Mr. WALKER (for himself, Mr. California): Congress has the power to enact this legis- MCCAUL, Ms. LORETTA SANCHEZ of H. Con. Res. 8. Concurrent resolution sup- lation pursuant to the following: California, Mr. MEADOWS, Mr. HUD- porting the goals and ideals of No Name- Congressional power to provide for public SON, Mr. KATKO, Mrs. WAGNER, Mrs. Calling Week in bringing attention to name- financing of campaigns arises under the Gen- WALORSKI, Mr. ADERHOLT, and Mr. calling of all kinds and providing schools eral Welfare Clause, Art. I, Sec. 8, of the Con- PITTENGER): with the tools and inspiration to launch an stitution. H.R. 460. A bill to direct the Secretary of on-going dialogue about ways to eliminate In Buckley v. Valeo, 424 U.S. 1, 91 (1976), Homeland Security to train Department of name-calling and bullying in their commu- the Supreme Court upheld the congressional Homeland Security personnel how to effec- nities; to the Committee on Oversight and power to enact public financing of presi- tively deter, detect, disrupt, and prevent Government Reform. dential elections under this Clause. The Su- human trafficking during the course of their By Ms. FOXX: preme Court stated with regard to the provi- primary roles and responsibilities, and for H. Res. 39. A resolution electing Members sions in the Federal Election Campaign Act other purposes; to the Committee on Home- to certain standing committees of the House Amendments of 1974 establishing a presi- land Security, and in addition to the Com- of Representatives; considered and agreed to. dential public financing system, ‘‘In this mittee on the Judiciary, for a period to be By Mr. BECERRA: case, Congress was legislating for the ‘gen- subsequently determined by the Speaker, in H. Res. 40. A resolution electing Members eral welfare’—to reduce the deleterious in- each case for consideration of such provi- to certain standing committees of the House fluence of large contributions on our polit- sions as fall within the jurisdiction of the of Representatives; considered and agreed to. ical process, to facilitate communication by committee concerned. By Mr. CHAFFETZ: candidates with the electorate, and to free By Mr. YOUNG of Alaska (for himself, H. Res. 41. A resolution expressing the candidates from the rigors of fundraising.’’ Ms. KUSTER, Mr. KELLY of Pennsyl- sense of the House of Representatives that By Mr. PRICE of North Carolina: vania, Mr. THOMPSON of California, the Federal Government should not bail out H.R. 425. Mr. COOK, Mr. HANNA, Mr. NEUGE- State and local government employee pen- Congress has the power to enact this legis- BAUER, Mr. THOMPSON of Pennsyl- sion plans or other plans that provide post- lation pursuant to the following: vania, Mr. WELCH, Mr. LOEBSACK, Mr. employment benefits to State and local gov- Art. I, Sec. 8, of the U.S. Constitution. BENISHEK, Mr. JONES, Mr. SESSIONS, ernment retirees; to the Committee on Edu- By Mr. JODY B. HICE of Georgia: Mr. COLE, Mr. WESTERMAN, Mr. cation and the Workforce. H.R. 426. NOLAN, Mr. MARINO, Mr. By Mr. CROWLEY (for himself, Ms. Congress has the power to enact this legis- FARENTHOLD, Mr. NUNNELEE, Mr. MENG, Mr. NADLER, Mr. TONKO, Mrs. lation pursuant to the following:

VerDate Sep 11 2014 06:47 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\L21JA7.100 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE January 21, 2015 CONGRESSIONAL RECORD — HOUSE H481 Article I, Section 8, Clause 18 that states By Mr. CHAFFETZ: Article I, Section 8, Clause 18; Article IV, that Congress shall have the Power ‘‘To H.R. 435. Section 3, Clause 2. make all Laws which shall be necessary for Congress has the power to enact this legis- By Mr. CAPUANO: carrying into Execution the foregoing Pow- lation pursuant to the following: H.R. 446. ers, and all other Powers vested by this Con- Article IV, Section 3, Clause 2: relating to Congress has the power to enact this legis- stitution in the Government of the United the power of Congress to dispose of and make lation pursuant to the following: States or in any Department or Officer all needful rules and regulations respecting Article I, Sec. 8, Clause 3: ‘‘The Congress thereof.’’ the territory or other property belonging to shall have Power . . . To regulate Commerce Additionally, Section 1 of the XIV Amend- the United States. with foreign Nations, and among the several ment states, ‘‘. . . nor shall any State de- By Ms. WASSERMAN SCHULTZ: States, and with the Indian Tribes.’’ prive any person of life, liberty, or property, H.R. 436. By Mr. CAPUANO: without due process of law. . .’’ and under Congress has the power to enact this legis- H.R. 447. Section 5 of the XIV Amendment, ‘‘The Con- lation pursuant to the following: Congress has the power to enact this legis- gress shall have power to enforce, by appro- The Constitutional authority on which lation pursuant to the following: priate legislation, the provisions of this arti- this bill rests is the power of Congress to Article I Sec. 8, Clause 3: ‘‘The Congress cle.’’ provide for the general welfare of the United shall have Power . . . To regulate Commerce By Mr. YOUNG of Indiana: States, as enumerated in Article 1, Section 8, with foreign Nations, and among the several H.R. 427. Clause 1 of the United States Constitution, States, and with the Indian Tribes.’’ Congress has the power to enact this legis- and to regulate commerce as enumerated in By Ms. JUDY CHU of California: lation pursuant to the following: Article 1, Section 8, Clause 3. H.R. 448. This bill is enacted pursuant to the power By Mr. GIBBS: Congress has the power to enact this legis- granted Congress under Article I of the H.R. 437. lation pursuant to the following: United States Constitution, including the Congress has the power to enact this legis- Pursuant to Article 1, Section 8, Clause 3 power granted Congress under Article I, Sec- lation pursuant to the following: and Section 5 of the Fourteenth Amendment tion 8, Clause 18, of the United States Con- Article IV, Section 3, Clause 2 of the Con- to the Constitution. stitution, and the power granted to each stitution provides that ‘‘The Congress shall By Mr. DELANEY: House of Congress under Article I, Section 5, have Power to dispose of and make all need- H.R. 449. Clause 2, of the United States Constitution. ful Rules and Regulations respecting the Congress has the power to enact this legis- By Mr. POE of Texas: Territory or other Property belonging to the lation pursuant to the following: H.R. 428. United States.’’ Article I, Section 8 of the United States Congress has the power to enact this legis- By Mr. GENE GREEN of Texas: Constitution lation pursuant to the following: H.R. 438. By Mr. ELLISON: Article 1, Section 8, Clause 3 Congress has the power to enact this legis- H.R. 450. By Mr. JOHNSON of Georgia: lation pursuant to the following: Congress has the power to enact this legis- H.R. 429. Article I, Section 8 of the United States lation pursuant to the following: Congress has the power to enact this legis- Constitution. The Principal constitutional authority for lation pursuant to the following: By Mr. WEBER of Texas: this legislation is clause 18 in section 7 of This bill is enacted pursuant to: H.R. 439. section of article 1 of the Constitution of the Clause 1 of section 8 of article I of the Con- Congress has the power to enact this legis- United States, which states: The Congress stitution of the United States. lation pursuant to the following: shall have the power to make all laws which By Mr. VAN HOLLEN: This bill is enacted pursuant to the power shall be necessary and proper for carrying H.R. 430. granted to Congress under Article 1, Section into exeution the foregoing powers, and all Congress has the power to enact this legis- 1 and Article 1, Section 9. other powers bested by this Constitution in lation pursuant to the following: ‘‘All legislative Powers herein granted the government of the United States, or in The Constitutional authority for this bill shall be vested in a Congress of the United any department or officer thereof. is Section 4 of Article I, which gives Con- States, which shall consist of a Senate and By Mr. FLEISCHMANN: gress the power to make laws governing the House of Representatives.’’ H.R. 451. time, place, and manner of Federal elections. ‘‘No money shall be drawn from the Treas- Congress has the power to enact this legis- By Ms. SEWELL of Alabama: ury, but in Consequence of Appropriations lation pursuant to the following: H.R. 431. made by Law; and a regular Statement and Article 1, Section 8, Clause 18, which states Congress has the power to enact this legis- Account of the Receipts and Expenditures of the Congress shall have the power ‘‘to make lation pursuant to the following: all public Money shall be published from all laws which shall be necessary and proper Article I Section 8 time to time.’’ for carrying into execution the foregoing By Mr. LUETKEMEYER: By Mr. BOUSTANY: powers, and all other powers vested by this H.R. 432. H.R. 440. Constitution in the government of the Congress has the power to enact this legis- Congress has the power to enact this legis- United States, or in any department or offi- lation pursuant to the following: lation pursuant to the following: cer thereof’’ The constitutional authority on which this Article I, Section 8, Clause 1 By Mr. GIBSON: bill rests is the explicit power of Congress to By Mr. BOUSTANY: H.R. 452. regulate commerce in and among the states, H.R. 441. Congress has the power to enact this legis- as enumerate in Article 1, Section 8, Clause Congress has the power to enact this legis- lation pursuant to the following: 3, the Commerce Clause, of the United States lation pursuant to the following: Article I, Section 8 of the Constitution of Constitution. Article I, Section 8, Clause 1 the United States Additionally, Article 1, Section 7, Clause 2 By Mr. BRADY of Pennsylvania: By Mr. HULTGREN: of the Constitution allows for every bill H.R. 442. H.R. 453. passed by the House of Representatives and Congress has the power to enact this legis- Congress has the power to enact this legis- the Senate and signed by the President to be lation pursuant to the following: lation pursuant to the following: codified into law; and therefore implicitly al- Article 1, Clause 8, Section 18. Article I, Sec. 8—to make all laws which lows Congress to amend any bill that has By Mr. BRIDENSTINE: shall be necessary and proper for carrying been passed by both chambers and signed H.R. 443. into execution the foregoing powers and all into law by the President. Congress has the power to enact this legis- other powers vested by this Constitution. By Mr. THOMPSON of Pennsylvania: lation pursuant to the following: Article I, Sec. 9—no money shall be drawn H.R. 433. Article I, Section 8 gives Congress the from the Treasury but in consequence of ap- Congress has the power to enact this legis- power to make all laws necessary and proper propriations made by law. lation pursuant to the following: to carry into execution the preceding enu- By Mr. JONES: This bill is enacted pursuant to the power merated powers. It is necessary and proper H.R. 454. granted to Congress under Article I, Section for Congress to eliminate the National Tech- Congress has the power to enact this legis- 8, Clause 7 of the United States Constitution nical Information Service in the Department lation pursuant to the following: which gives Congress the power ‘‘To estab- of Commerce. The constitutional authority of Congress lish Post Offices and post Roads.’’ By Ms. BROWNLEY of California: to enact this legislation is provided by Arti- By Mr. BURGESS: H.R. 444. cle 1, section 8 of the United States Constitu- H.R. 434. Congress has the power to enact this legis- tion (clauses 12, 13, 14, and 16), which grants Congress has the power to enact this legis- lation pursuant to the following: Congress the power to raise and support an lation pursuant to the following: Article 1, Section 8 Army; to provide and maintain a Navy; to The attached legislation falls under Con- By Mr. BUCSHON: make rules for the government and regula- gress’ enumerated constitutional authority H.R. 445. tion of the land and naval forces; and to pro- to regulate interstate commerce pursuant to Congress has the power to enact this legis- vide for organizing, arming, and disciplining Article I, Section 8, clause 3. lation pursuant to the following: the militia.

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.034 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H482 CONGRESSIONAL RECORD — HOUSE January 21, 2015

By Mr. KATKO: Article V of the Constitution of the United H.R. 199: Mr. WALZ and Mr. POCAN. H.R. 455. States. H.R. 204: Mr. CLAWSON of Florida and Mr. Congress has the power to enact this legis- By Mr. CARNEY: RIBBLE. lation pursuant to the following: H.J. Res. 24. H.R. 210: Mr. MESSER, Mr. PALAZZO, Mr. Article I, section 8, clause 1; and Article 1, Congress has the power to enact this legis- PITTENGER, and Mr. SCHOCK. section 8, clause 18 of the Constitution of the lation pursuant to the following: H.R. 217: Mr. SENSENBRENNER, Mr. FORBES, United States. Article V of the United States Constitu- Mr. FITZPATRICK, Mr. LUETKEMEYER, Mr. By Mr. MURPHY of Florida: tion: ‘‘The Congress, whenever two thirds of TURNER, Mr. GOWDY, Mr. HOLDING, Mr. GUTH- H.R. 456. both Houses shall deem it necessary, shall RIE, Mr. WILLIAMS, Mr. WESTMORELAND, Mr. Congress has the power to enact this legis- propose Amendments to this Constitution, SHUSTER, Mr. MOOLENAAR, Mr. CONAWAY, Mr. lation pursuant to the following: or, on the Application of the Legislatures of HUDSON, and Mr. LONG. This bill is enacted pursuant to Article I two thirds of the several States, shall call a H.R. 223: Mr. HUIZENGA of Michigan. Section 8 of the Constitution of the United Convention for proposing Amendments, H.R. 243: Ms. MOORE. States. which, in either Case, shall be valid to all In- H.R. 247: Mr. COHEN. By Mr. PALLONE: tents and Purposes, as Part of this Constitu- H.R. 457. H.R. 270: Mr. SESSIONS, Mr. SCHOCK, Mr. tion, when ratified by the Legislatures of Congress has the power to enact this legis- HARPER, Mr. KELLY of Pennsylvania, and three fourths of the several States, or by lation pursuant to the following: Mrs. BLACK. section 8 of article I of the Constitution. Conventions in three fourths thereof, as the H.R. 275: Mr. BEYER. By Mr. SESSIONS: one or the other Mode of Ratification may be H.R. 283: Mr. DESANTIS. H.R. 458. proposed by the Congress; Provided that no H.R. 284: Mr. FORBES and Mr. EMMER. Congress has the power to enact this legis- Amendment which may be made prior to the H.R. 285: Mr. ROSKAM and Ms. HERRERA lation pursuant to the following: Year One thousand eight hundred and eight BEUTLER. Article 1, section 8, clause 3 of the United shall in any Manner affect the first and H.R. 290: Mr. MARINO. States Constitution (relating to Congress’ fourth Clauses in the Ninth Section of the H.R. 291: Mr. O’ROURKE and Ms. MATSUI. power to regulate commerce . . . among the first Article; and that no State, without its H.R. 333: Mr. AMODEI, Ms. ESTY, and Mr. several states . . .). The United States Con- Consent, shall be deprived of its equal Suf- FORBES. gress initially enacted ERISA under the frage in the Senate.’’ H.R. 344: Mr. AGUILAR and Mr. NOLAN. Commerce Clause in order to stabilize em- By Mr. POCAN: H.R. 350: Mr. FRELINGHUYSEN, Mr. CART- ployee pension plans that employees carry H.J. Res. 25. WRIGHT, Mr. RIBBLE, Mr. LATTA, and Mrs. with them across state lines. This bill modi- Congress has the power to enact this legis- DAVIS of California. fies ERISA and is thus a regulation of com- lation pursuant to the following: H.R. 351: Mr. MULLIN. merce—specifically pension plans—among Congress has the power to enact this legis- H.R. 353: Mr. CRAMER, Mr. LATTA, Mr. more than one state. lation pursuant to Article I, Section 8, NUGENT, and Ms. MCCOLLUM. By Mr. TIPTON: Clause 18 of the Constitution of the United H.R. 357: Mr. KLINE and Mr. ROYCE. H.R. 459. States, which states: H.R. 367: Mr. O’ROURKE. Congress has the power to enact this legis- The Congress shall have the power to make H.R. 383: Mrs. HARTZLER and Mr. NUGENT. lation pursuant to the following: all laws which shall be necessary and proper H.R. 386: Mr. POCAN. Article IV Section 3 clause 2 of the United for carrying into execution the foregoing H.R. 388: Mr. GARAMENDI and Mr. MCGOV- States Constitution. powers, and all other powers vested by this ERN. By Mr. WALKER: Constitution in the Government of the H.R. 393: Mr. CARTWRIGHT. H.R. 460. United States, or in any Department or Offi- H.R. 399: Mr. CARTER of Georgia, Mr. Congress has the power to enact this legis- cer thereof.’’ JOLLY, Ms. GRANGER, and Mr. LONG. lation pursuant to the following: H.R. 401: Mr. WILSON of South Carolina, Amendment XIII Section 1, ‘‘Neither slav- f Mr. BYRNE, Mr. COOK, Mr. LAMBORN, Mr. ery nor involuntary servitude, except as pun- ADDITIONAL SPONSORS HUNTER, Mr. PITTENGER, and Mr. FRANKS of ishment for crime whereof the party shall Arizona. have been duly convicted, shall exist within Under clause 7 of rule XII, sponsors H.R. 402: Mr. BYRNE, Mr. AMODEI, Mr. the United States, or any place subject to were added to public bills and resolu- GOSAR, Mr. JORDAN, Mr. SMITH of Missouri, their jurisdiction.’’ Section 2, ‘‘Congress tions, as follows: and Mr. HECK of Nevada. shall have power to enforce this article by H.R. 36: Mr. AUSTIN SCOTT of Georgia, Mr. H.R. 403: Ms. MOORE, Mr. FARR, Ms. MAXINE appropriate legislation.’’ MOOLENAAR, and Mr. ABRAHAM. WATERS of California, Mr. GRIJALVA, Mr. By Mr. YOUNG of Alaska: H.R. 38: Mr. WEBER of Texas. MCDERMOTT, Mr. HUFFMAN, Ms. MCCOLLUM, H.R. 461. H.R. 90: Ms. MAXINE WATERS of California, and Mr. WALZ. Congress has the power to enact this legis- Mr. O’ROURKE, and Mr. PETERSON. H.R. 414: Mr. KING of New York. lation pursuant to the following: H.R. 114: Mr. GRIFFITH. Article I, Section 8, Clause 1 H.J. Res. 13: Mr. YOHO. The Congress shall have Power to lay and H.R. 131: Mr. BABIN. H.J. Res. 22: Mr. WALZ, Mr. BECERRA, Mr. collect Taxes, Duties, Imposts and Excises, H.R. 132: Mr. CARTER of Texas, Mr. BROOKS COURTNEY, Ms. ROYBAL-ALLARD, and Mr. to pay the Debts and provide for the common of Alabama, Mr. DESANTIS, Mr. YODER, Mr. HUFFMAN. Defence and general Welfare of the United FORBES, Mr. GOODLATTE, and Mr. CRAWFORD. H. Res. 14: Mr. CONYERS, Mr. GRAYSON, and States; but all Duties, Imposts and Excises H.R. 139: Ms. MICHELLE LUJAN GRISHAM of Mr. POCAN. shall be uniform throughout the United New Mexico. H. Res. 34: Ms. SLAUGHTER and Mr. MCGOV- States. H.R. 143: Mr. MULLIN, Mr. CLAWSON of Flor- ERN. By Mr. KING of New York: ida, and Mr. FRANKS of Arizona. H. Res. 35: Mr. SENSENBRENNER. H.R. 462. H.R. 146: Mr. HUNTER and Mr. COFFMAN. H. Res. 36: Mr. HASTINGS, Ms. BROWN of Congress has the power to enact this legis- H.R. 148: Mr. DUNCAN of South Carolina. Florida, Mr. DIAZ-BALART, and Ms. ROS- lation pursuant to the following: H.R. 153: Mr. DUNCAN of South Carolina. LEHTINEN. Article I, Section 8, Clause 6 H.R. 154: Mr. FOSTER, Mr. NADLER, Mr. The Congress shall have Power . . . To LOEBSACK, Mr. ENGEL, and Ms. MICHELLE f make all Laws which shall be necessary and LUJAN GRISHAM of New Mexico. proper for carrying into Execution the fore- H.R. 159: Mr. CARTWRIGHT, Mr. LATTA, Mr. going Powers, and all other Powers vested by POE of Texas, and Ms. HERRERA BEUTLER. DELETIONS OF SPONSORS FROM this Constitution in the Government of the H.R. 167: Ms. GRANGER, Mr. YOUNG of Alas- PUBLIC BILLS AND RESOLUTIONS United States, or in any Department or Offi- ka, Mr. NUNNELEE, and Mr. BLUMENAUER. Under clause 7 of rule XII, sponsors H.R. 169: Mr. GROTHMAN and Mr. POCAN. cer thereof. were deleted from public bills and reso- By Mr. MCGOVERN: H.R. 173: Mr. ALLEN. H.J. Res. 23. H.R. 187: Mr. WITTMAN and Mr. LOEBSACK. lutions, as follows: Congress has the power to enact this legis- H.R. 197: Mr. AGUILAR and Mr. BEN RAY H.R. 416: Mr. FRELINGHUYSEN, Mr. LANCE, lation pursuant to the following: LUJA´ N of New Mexico. and Mr. SMITH of New Jersey.

VerDate Sep 11 2014 04:32 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.038 H21JAPT1 rfrederick on DSK6VPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, WEDNESDAY, JANUARY 21, 2015 No. 10 Senate The Senate met at 9:30 a.m. and was out an orderly schedule. Senators it to the American people to find a se- called to order by the President pro should expect votes throughout the day rious way to work with the representa- tempore (Mr. HATCH). in relation to these amendments and tives they elected. f any others in the queue. On some issues, such as cyber secu- f rity, he sent a positive sign. He also PRAYER began what I hope will be a sustained POSITIVE CHANGES FOR THE The Chaplain, Dr. Barry C. Black, of- effort to move his own party forward to MIDDLE CLASS fered the following prayer: encourage them to work with us to Let us pray. Mr. MCCONNELL. Mr. President, last help create more jobs by breaking Eternal God, we love You. You are night, the American people heard two down foreign trade barriers and allow- our rock, fortress, and deliverer. You very different addresses. One was fo- ing America to sell more of what it have provided protection for our Na- cused on the middle class and how makes and grows. tion, surrounding it with the shield of Washington can work together in a se- Those were the good signs. But that Your favor. How worthy You are of our rious way for better jobs, higher wages, was only part of the speech. There is praise. and more opportunity. It was a call for not a lot serious lawmakers can do Strengthen our lawmakers for to- constructive cooperation. It was a call with talking points designed specifi- day’s journey. Give them strong for new ideas. cally not to pass. Members in both par- hearts, sound minds, and diligent I wish to commend Senator ERNST for ties would have welcomed serious ideas hands. May they do their ethical best her thoughtful address. She under- about how to save and strengthen to represent You, joining their plans to stands the needs of working people in a Medicare, how to protect Social Secu- Your will in order to accomplish Your way those of a particular mindset in rity for future generations, and how to purposes. Incline their hearts to Your Washington simply don’t understand. balance the budget without tired tax wisdom and love as You keep them on She knows that the middle class is hikes. the path of integrity. looking for Washington to function We listened closely for specific de- We pray in Your sacred Name. Amen. again and that hard-working Ameri- tails on how he would work with both f cans want DC to focus on their needs parties to achieve comprehensive tax instead of the demands of powerful spe- simplification that focuses not on PLEDGE OF ALLEGIANCE cial interests. That is just what they growing the government but on cre- The President pro tempore led the told us in November when they sent ating jobs. Pledge of Allegiance, as follows: this new Republican Congress here on The President has expressed some I pledge allegiance to the Flag of the their behalf. support for ideas such as this pre- United States of America, and to the Repub- I was hoping for something similar viously. He should have expanded on it lic for which it stands, one nation under God, from President Obama—not identical, last night. There is still time for him indivisible, with liberty and justice for all. of course. We don’t agree on all the to do it. But whatever he chooses, the f issues; that is clear enough. But there new Congress will continue working to are enough areas of common ground send good ideas to his desk. RECOGNITION OF THE MAJORITY where we should be able to work to- One of those good ideas is a bipar- LEADER gether. It would have been most con- tisan infrastructure project the Senate The PRESIDING OFFICER (Mr. structive if he had put the focus of his will resume working on today—the PAUL). The majority leader is recog- address on those areas of potential Keystone jobs bill. It is heartening to nized. agreement. The moment of high pur- see a real debate and an amendment f pose called for the leader of the free process on the floor of the Senate world to show America what could be again. It is a result of a new spirit of SCHEDULE accomplished through constructive, bi- reform that is being brought to Con- Mr. MCCONNELL. Mr. President, partisan engagement. gress. It aims to give Members of both today the Senate is continuing to con- The State of the Union can be about parties a stake in positive solutions so sider S. 1, a bill to approve the Key- more than veto threats or strident par- we can get Washington functioning stone XL Pipeline, and there are six tisanship. This kind of partisanship is again on behalf of our people. amendments pending, three from each what we have become accustomed to We are looking to the President to side. We will begin voting on those from the President. We know the Presi- join us in our positive mission for the amendments as soon as Chairman MUR- dent may not be wild about the peo- middle class. It is what the American KOWSKI and Senator CANTWELL work ple’s choice of a Congress, but he owes people just voted for last November. It

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

S301

.

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.000 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S302 CONGRESSIONAL RECORD — SENATE January 21, 2015 is what Senator ERNST articulated so The Republican majority in this Americans dependent on government- well last night. And if the President is Chamber had to pick the first bill they sponsored health care. It doesn’t sound willing to put the veto threats away would bring to the floor of the Senate like a Republican idea to me, but it is. and the designed-to-fail talking points once they reached the majority. There That is what is coming from the House aside, we can still cooperate to get were a lot of initiatives they could of Representatives. some smart things done for the people have considered. We know what they There are pretty clear differences in we represent. chose—the Keystone XL Pipeline—a how we help working families. For the f pipeline owned by a Canadian com- Senate Republicans, it is to build a Ca- pany. That is the No. 1 priority of the nadian pipeline. Don’t use American RECOGNITION OF THE ACTING Republicans in the Senate, bar none. steel, don’t keep the oil in America, MINORITY LEADER When they wanted to respond to Presi- but build this pipeline—No. 1 priority. The PRESIDING OFFICER. The as- dent Obama’s State of the Union Ad- The House Republicans take away sistant Democratic leader is recog- dress with Senator ERNST of Iowa, they health insurance coverage for hundreds nized. focused on the Keystone XL Pipeline. of thousands of Americans at a time f What a limited vision of the future— when we know that leaves people in a precarious position. PROGRESS FOR THE MIDDLE one pipeline. Then we took two votes yesterday on Here is what the President said last CLASS this pipeline, and it started to become night: We want to make certain we Mr. DURBIN. Mr. President, last clear what this pipeline is all about. It focus on projects and programs and night the President talked about the is moving Canadian tar sands from new ideas that can leave our children a economy and the progress we have Canada, through the United States, better world and our grandchildren as made. The United States grew 2.6 per- and to a refinery in Texas. We learned well. Do we want an economy where ev- cent last year, and in the third quarter yesterday the Republicans will not eryone has an opportunity to climb alone our economy grew by 5 percent. even support the proposition that the that economic ladder or do we want a world where those who are born into Nearly 3 million jobs were created—the refined oil products coming out of this lives of luxury set the rules and always best year for the U.S. labor market refinery will help America. since the height of the economic boom We had a simple amendment Senator come out ahead? Do we want an econ- omy that rewards those who work hard under President Bill Clinton. Lower MARKEY of Massachusetts offered gasoline prices are providing relief to which said that at the end of the pipe- and play by the rules or an economy many families and consumer con- line, the refinery’s oil products will be where corporations rig the game so it fidence is up. The deficit has been cut sold in America. The Republicans de- is tails you lose, heads I win? We know that an economy with a in half. feated that amendment. So all this ar- strong middle class is key to growing Yet we know that while the economy gument about how this oil out of this America. Yet it is becoming harder and is growing and unemployment is de- pipeline is going to help our economy clining, sadly, much of the benefit is harder for families to even reach the in the future? Nope, don’t expect it to middle class. Working families aren’t going to those at the very top of the happen. Yesterday’s overwhelming Re- ladder. The top 1 percent of American looking for a handout—not in my publican vote made it clear. State. They just want a chance for a wage earners saw 49 percent of the de- There was a second part that was cline in incomes during the recession, better life for their kids. considered yesterday. This bill—the There is a way we can do this. It is but they have seen 95 percent of the in- No. 1 priority of the Senate Republican called the earned-income tax credit. come gained since the recovery started. majority—is going to build a pipeline, This is an idea supported by Repub- Let me repeat that. The top 1 percent that is for sure. We said, good, if it is lican Presidents in the past. Histori- of wage earners have seen 95 percent of going to be built, use American steel in cally both parties have supported it. the gains since our economy has recov- building the pipeline. That is not an The earned-income tax credit is de- ered. outrageous suggestion. If this is such a signed to encourage work by providing The gap between wages for low-in- priority for the Republicans, wouldn’t a tax credit to working families. come and middle-income families and they want to put Americans to work to The President’s proposal, similar to those at the top is staggering. Forty- make the steel to build the pipeline? one that SHERROD BROWN and I have in- seven people in America own more We offered that as an amendment yes- troduced, would expand the credit to than 160 million Americans combined. terday. Senator FRANKEN offered that help the only group that our Tax Code That has to change. amendment and the Republicans re- pushes into poverty: childless workers. This isn’t just a Democratic observa- jected it. The Republicans rejected the What a difference this would make for tion. Even Republicans have publicly premise that the steel that goes into millions of working families, the dif- agreed with us that working families the most important pipeline in the his- ference between paying a heating bill are falling behind. Let me quote a few. tory of America, from their point of or putting it off, the difference between Former Florida Governor Jeb Bush, a view, should actually come from Amer- getting a prescription filled or waiting. potential candidate for President, said: ica. That is the second amendment we A small refundable tax credit for these ‘‘Here’s reality: If you’re fortunate considered. workers can make a bigger difference enough to count yourself among the This special interest project, the than many U.S. Senators would ever privileged, much of the rest of the Na- Keystone XL Canadian-owned pipeline, realize. tion is drowning.’’ Jeb Bush said that. is going to continue to be the No. 1 The President also proposed making Mitt Romney, a former Republican dominant issue in the Senate for days 2 years of community college free for candidate for President and perhaps a to come. responsible students and giving moti- Republican candidate for President Republicans plan to do everything vated students a path to a solid edu- again—here is what he said last week they can to help build a pipeline, but cational foundation without debt. This as he has rekindled his dream for the they want to deny millions of Ameri- is not a Democratic idea. The Presi- Presidency: ‘‘. . . the rich have gotten cans access to health care. That is dent acknowledged last night that this richer, income inequality has gotten what the House Republicans have come idea came from a Republican Governor worse, and there are more people in up with. They want to come up with a in Tennessee. I might add that a Demo- poverty than ever before.’’ plan that will literally take away the cratic mayor, Rahm Emanuel of Chi- Even Speaker JOHN BOEHNER said coverage of health care from Ameri- cago, has a similar program, but the this in an interview: cans. Is there anyone in this country President went to Tennessee to ac- The top third of America are doing pretty who thinks that is the right thing for knowledge that the Republican legisla- good. The bottom two-thirds are really being our future? We are trying to reduce the ture and the Republican Governor had squeezed. number of uninsured. The Republican come up with a good idea. So to argue So how do we address these chal- changes to the Affordable Care Act this is somehow a partisan idea, it sure lenges? Our parties look at it dif- would increase the number of unin- isn’t in Tennessee. If it is partisan, it is ferently. sured and increase the number of a Republican partisan idea.

VerDate Sep 11 2014 02:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.002 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S303 The President understands that in which fights terrorism in the regular live and work in America without the the 20th century, maybe K–12 was just orderly appropriations process. They fear of deportation. It makes a big dif- enough to make it. In the 21st century insisted this Department be funded ference. Thirty thousand of them live it is not enough. K–14, most of us un- only through the end of February. Does in Illinois. We estimate there are an- derstand, is the ticket to a good-paying that mean that America is safe from other 1.5 million eligible. job. terrorism? I wish it were true. But we The Center for American Progress I called in to some of the media this know that we are only one terrorist says these young people aren’t just morning from Illinois, and they said, away from a terrible incident in Amer- taking up space, they are going to add oh, this community college free tuition ica. to the economy because of their tal- idea—another Federal mandate. Well, One of the Departments with the ents. They estimate that these let me disabuse you of this idea. This is major responsibility of protecting us is DREAMers will add $329 billion to our voluntary. It is original. States decide the Department of Homeland Security. economy and create 1.4 million new if they want to be part of it, but I So why did the Republicans decide they jobs by 2030. That is a pretty tall pre- think those States that want to be part wanted to make the funding of this De- diction to think that these young peo- of free community college tuition for partment uncertain and contingent? ple could have that impact on our good, achieving, hard-working students Well, the reason was they are so economy. are on the right track, and those who angry with President Obama’s Execu- Let me tell you the story of one of ignore it may fall behind. tive order on immigration that they the DREAMers whom the House Repub- The jobs of this century will require are putting America at risk by failing licans would deport, and you may un- more training and education than ever. to properly fund the Department of derstand why this estimate of the pro- I think this notion is a good one. Have Homeland Security. Then last week, found, important impact of these we ever gone wrong in the history of the bill the House passed made the ap- DREAMers on our economy is realistic. the United States by investing in edu- propriation for this Department con- As I mentioned, I introduced the cation, investing in our students, in- tingent on five riders. A rider is an ad- DREAM Act 14 years ago. I have come vesting in our future? That is what the dition. It is language that doesn’t re- to the floor over 50 times to tell stories President’s proposal does. It has been late to a budget or appropriation, and of these DREAMers who, frankly, make dismissed out of hand by the Repub- it relates to the Executive orders that the case for passing the DREAM Act licans, even though it had a Republican were established by the President. and for defeating this hate-filled provi- origin. That is a mistake. We should The House bill passed last week sion that was passed by the U.S. House. count on our community colleges, the would defund President Obama’s immi- I am going to continue to update these affordable alternative for higher edu- gration policies, including the Deferred stories about these DREAMers so you can understand why giving up on these cation for 40 percent of America’s col- Action for Childhood Arrivals Pro- DREAMers is giving up on the future of lege students. And thank goodness it gram, known as DACA, which has been in place for over 2 years. this country. steers these kids away from these God- I want to tell you the story about What does DACA do? By the Presi- forsaken for-profit colleges and univer- Carlos Martinez. Here is a picture of dent’s Executive order, it puts on hold sities which too often exploit these him. Carlos is holding his DACA card the deportations of immigrant students young people, these young men and under the President’s Executive order. who grew up in America. It allows women, sink them deep in debt and, if Carlos and his brother were brought to these young people to continue to live they are lucky, hand them a worthless the United States in 1991. Carlos was 9 and work in this country on a tem- diploma at the end of the day. Commu- years old. He came to this country and porary basis. They are known, in short- nity colleges are the affordable ticket didn’t speak one word of English, and in Kentucky, in Illinois, and across hand, as the DREAMers. his father told him, ‘‘Estudien para que I know a little bit about this because America. no batallen en la vida como yo.’’ What I introduced the first DREAM Act 14 The President reminded us last night it means in English is: Study so you years ago in the U.S. Senate. It has be- that we live in a great country and our don’t have to struggle in life like I economy is recovering. But while the come a very familiar term, but when I have. wealthiest Americans are doing fine, first started, no one had ever heard of Carlos took his father’s advice to more American families are spending it. What I found was there were young heart. At high school in Tucson, AZ, hours at the kitchen table trying to people brought to the United States by Carlos graduated ninth in his class. figure out how to make ends meet. their parents at a very early age who Then he enrolled at the University of Let’s help those families. Let’s agree to had, obviously, no voice in the deci- Arizona. He was undocumented at the help those families. One Canadian- sion, raised in America, undocumented, time. He had never owned a computer, owned pipeline is not the answer. We went through our schools, were suc- but he loved math and he dreamed need to think about education, we need cessful, had no criminal problems, and about being a computer engineer. to think about a Federal transpor- wanted a future. Four years later, in 2003, Carlos Mar- tation bill, and we need to think about They couldn’t get a future under tinez graduated with a bachelor of investing in America and its future. American law. The DREAM Act would science degree in computer engineering f give them that opportunity to move to and a minor in computer science, elec- legal status. We have already invested trical engineering, and math. He was DEPARTMENT OF HOMELAND in these young people, in their edu- named the top Hispanic graduate in his SECURITY FUNDING cation, so why would we want to give class. Mr. DURBIN. Mr. President, in the up on their talents by deporting them For the record, Carlos Martinez did aftermath of the recent terror attacks after they are educated? That is ex- not qualify for 1 penny of Federal as- in France, it is tough to know what the actly what the U.S. House of Rep- sistance to go to college, and you can House of Representatives is thinking. resentatives has proposed. imagine in Arizona probably not 1 Last week, the U.S. House of Rep- In 2010, I joined with Republican Sen- penny of State assistance. But he made resentatives threatened to shut down ator Richard Lugar. We wrote a letter it through, graduating as the top His- the Department of Homeland Security. to President Obama. It said: Why panic in his class from the University That is the government agency respon- would we deport these young DREAM- of Arizona. But after he graduated, re- sible for protecting America from the ers? They offer so much potential for ality set in. He received job offers from threat of terrorism. America. Intel, IBM, and a host of tech compa- Why are we debating full funding for A year later, 22 Senators joined me in nies, but then they found out he was the Department of Homeland Security? sending a followup letter to the Presi- undocumented. He couldn’t be hired. Every other government agency, I dent, and he issued his Executive order He didn’t give up. He enrolled in the might add, has been properly funded called DACA. master’s program for software systems through the omnibus bill. But the Re- Six hundred thousand eligible engineering at the University of Ari- publicans insisted on not funding the DREAMers have signed up for DACA, zona. He completed a 21⁄2 year program Department of Homeland Security, which means for these 600,000, they can in a year and a half.

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.004 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S304 CONGRESSIONAL RECORD — SENATE January 21, 2015 Carlos Martinez was also nominated riders and give Carlos Martinez and elections, the American people showed for the University of Arizona Graduate thousands of others just like him a they can act decisively. It is inter- School Centennial Award, given to the chance to be part of America’s future. esting, this morning’s headline, New school’s top graduate student. I yield the floor. York Times: ‘‘Staunchly Liberal Wish Carlos Martinez submitted his appli- f List Brushes Off G.O.P.’s Gains.’’ Head- cation for DACA when President line, New York Times, bright, bold, RESERVATION OF LEADER TIME Obama created this opportunity in Au- above the fold. ‘‘Staunchly Liberal gust of 2012. The first day the forms The PRESIDING OFFICER (Mr. COT- Wish List Brushes off G.O.P.’s Gains.’’ were available, he was in line. He was TON). Under the previous order, the So we are a resilient nation. People one of the first to be approved. As soon leadership time is reserved. know what they believe. They know as he received the notification he had f how they feel. They voted those beliefs. been approved under this Executive When the American people chose Re- MORNING BUSINESS order, Carlos Martinez went to a career publicans to lead both Houses of Con- fair at the University of Arizona and The PRESIDING OFFICER. Under gress, they said clearly they wanted handed out his resumes to IBM, Intel, the previous order, the Senate will be change, a change from Barack Obama, and other high-tech companies. Today in a period of morning business for 1 a change from the direction he has Carlos Martinez is working for IBM. hour, with Senators permitted to speak been taking this country. People want Out of more than 10,000 applicants for therein for up to 10 minutes each, with Democrats to start working with Re- the job he filled, he was one of only 75 the Republicans controlling the first publicans to get things done. who were hired. half and the Democrats controlling the The American people said in the No- Is America a better place to have final half. vember elections they are tired of the that kind of educated individual work- The PRESIDING OFFICER. The Sen- gridlock, they are tired of the dysfunc- ing with good ideas, creating new prod- ator from Wyoming. tion, tired of Democrats running the ucts, expanding employment opportu- f Senate to protect their own jobs and nities? Of course it is. STATE OF THE UNION ADDRESS not caring about the jobs of middle- So now the U.S. House of Representa- class Americans. tives has decided the best thing for the Mr. BARRASSO. Mr. President, last President Obama had a great oppor- future of America is to deport Carlos night the President delivered the State tunity last night, an opportunity to Martinez and deport those other young of the Union Address. So it was inter- show that he understands what Ameri- students who hold such potential for esting to hear the acting minority cans have been telling him. Instead he this country. That is the House Repub- leader talking about homeland secu- went out and he gave the same speech lican approach to immigration—deport rity, budgeting for homeland security. he always gives. It was a partisan at- Carlos Martinez. I know the Presiding Officer, through tack on Republicans and the Ameri- There are so many other DREAMers his service to our Nation overseas, cans who voted to put the Republicans around this country with the same tal- wearing a uniform, keeping us safe, in charge in the House and in the Sen- ents as Carlos. I want the American keeping us free—the Presiding Officer ate. people to understand the human cost of has concerns, as do I, about what we It is interesting listening to the com- the proposal that has been sent to us heard last night. mentary after the speech. Wolf Blitzer, by the House of Representatives under It was interesting to hear some of the CNN, said, ‘‘I don’t remember a State Republican control. The House Repub- commentary after the President’s of the Union address where I heard a licans want to end DACA. Hundreds of speech as we talk about securing the President issue so many veto threats thousands of people such as Carlos homeland and what it means for the to the opposite party in the Congress.’’ Martinez, protected by DACA, would be American public. Andrea Mitchell, So we have Andrea Mitchell, MSNBC, deported, and 1.5 million eligible to MSNBC, ‘‘I think that on foreign pol- saying that in terms of foreign policy apply for DACA would never have that icy his’’—meaning President Obama’s— the President’s views ‘‘are not close to chance. It is shameless, shameless to ‘‘projection of success against ter- reality.’’ CNN, Wolf Blitzer, ‘‘I do not play politics with the lives of nice rorism and against ISIS, in particular, remember a State of the Union address young people who grew up in America is not close to reality.’’ The President where I heard a President issue so and want to be part of our future, and of the United States, ‘‘not close to re- many veto threats to the opposite it is so shortsighted. ality.’’ party in the United States Congress,’’ Will America be stronger if Carlos I have just come back from a trip to especially when it is at a time, as the Martinez is gone? The House Repub- the Middle East, been to Saudi Arabia, New York Times point out, of GOP licans say yes, he should leave. After Qatar, Israel. I concur with Andrea gains in the elections, the President all of this investment, K–12, bachelor’s Mitchell; that on the specifics of the specifically ignoring what has hap- degree at the University of Arizona, President’s assessment of success pened across this country in the No- the top graduate student in his mas- against terrorism and against ISIS, vember elections. President Obama ter’s program at that same university, this President ‘‘is not close to reality.’’ seems to have missed the November the House Republicans say, ‘‘Deport So Republicans are going to continue elections entirely. Carlos Martinez.’’ They feel so strongly to bring forth the issues to the Amer- Republicans know we have an obliga- about this they are willing to hold up ican people of what reality is like in tion to the American people to deliver the appropriation for the Department the world, in spite of the way the effective, efficient, and accountable of Homeland Security, the agency re- President may address it, because of government. We have an opportunity sponsible for protecting our Nation. the specific failures of this President and an obligation to put Americans Let me be clear. Democrats are not and his foreign policy. first. Last night President Obama going to be swayed by this blackmail. It is interesting. Last night in the showed he still wants to put Wash- We will insist the Department of State of the Union Address, the Presi- ington first. Republicans are not will- Homeland Security be properly funded dent started by saying that ‘‘the state ing to help this President continue to protect America and to do it now. of the Union is strong.’’ The state of down the same wrong road that the This President made it clear he is our Union is strong. But President American people have rejected. Let’s ready to sign that bill, the sooner the Obama mistakenly took credit for that be honest. This past election was a re- better. Let’s not assume that America strength. He implied it was because of jection election, rejecting the policies has somehow been immunized or inocu- his policies, because of his actions. On of this President, this administration. lated and never can be threatened that point this President could not We are charting a new course and a again by terrorists. Let us properly have gotten it more wrong. The state better direction. We are already mak- fund the Department of Homeland of of our Union is strong because of the ing progress. The Senate is working Security, and let us not pursue that strength of the American people. like it has not worked in years. We are shameless agenda sent to us by the Americans are resilient. Americans debating actual legislation, laying on House Republicans. Let’s remove these are hardworking. In the November the floor the Keystone Pipeline jobs

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.006 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S305 bill. We are allowing Senators to offer tax dollars. The American people have the percentage of Americans in the amendments. We actually had votes on rejected this course. The American workforce is at about a 30-year low. three amendments yesterday. We are people want a better path, not the Some of that is because they have going to pass this bill. We are going to same old tired speech from a President looked for work and they cannot find send it to the President’s desk. now in the final quarter of his time as work, Americans who are seeking full- Then we are going to turn to more President. time work and have to settle for part- jobs bills and the important issues the The speech is over. Now the Presi- time work. Part of it is because of the American people care about. We are dent needs to decide what he is actu- President’s own policies, things such as going to work on reforming our health ally going to do. Is he ready to get on the Affordable Care Act—ObamaCare— care system. In his speech last night board with bipartisan ideas or does he which incentivizes employers to put President Obama offered no solutions want to spend the next 2 years as a people on part-time work in order to on the major issues facing this coun- lameduck. There are Democrats in this avoid some of the penalties. try. Instead, he offered the same old body who agree it is actually time for But notwithstanding my optimism tired policies of higher taxes, more the Senate to get back to work. They after this important election we had in Washington spending, more bureauc- are ready to listen to ideas, good ideas, November and the potential we have racy, more obstruction of bipartisan work with Republicans to help Amer- working together—the President and solutions coming out of the new Con- ica, to help the American people Congress—to try to address the chal- gress. thrive. lenges that face our country, my opti- The President said Congress should This President should work with all mism was quickly tempered. Why only focus on areas where we agree. That is of us. That is what Americans want. tempered optimism? I heard, as the exactly what Republicans have been They want us to work together. They Senator from Wyoming, my friend Mr. doing. We are moving bipartisan bills, want us to change the direction our BARRASSO, mentioned, the President bills that overwhelming majorities of country has been headed for the first 6 has issued seven veto threats since the Americans support. The President con- years of President Obama’s time in of- election—seven veto threats; this from tinues to threaten to veto them, things fice. This Republican Congress is lis- a President who in the first 6 years of such as the Keystone XL Pipeline bill tening to the American people. The his term of office has only vetoed one that supports 42,000 American jobs. President continues to ignore them. bill. That is not my number. That is what I yield the floor. But the first thing he does after this the State Department—the President’s The PRESIDING OFFICER. The ma- election, where it should have been a own State Department—said, it would jority whip. wake-up call to him and others—should support 42,000 American jobs. Mr. CORNYN. Mr. President, similar have been a wake-up call to all of us— In a poll last week, 65 percent of to the rest of the country, I listened he is issuing seven veto threats to bills Americans said the President should with close attention to the President’s that have not even been voted out of sign that into law. We will pass bills to State of the Union Address last night. the Senate, that have not even made allow for more exports of American en- I had a pretty good seat down front. I their way to his desk. To me that sends ergy and to give the President trade got to listen to the President very a very disturbing message that the promotion authority that he has asked closely. Of course I was interested be- President, instead of just being Com- for and that America needs. We will cause this presented a great oppor- mander in Chief, wants to be the ob- pass commonsense reforms to Amer- tunity for the President, following a structionist in chief. I do not know ica’s health care system, to end many very eventful election on November 4, how else to interpret that. of the outrageous and expensive man- to state his vision for the country and Then there is the President’s dis- dates for coverage that people do not most particularly to talk about his quieting tendency to take credit for want, do not need, cannot afford. plans for working with the new Con- things other people have done, and for We will pass bipartisan education re- gress that was elected in November. his own failures, to blame them on form to give all of America’s 50 million It was a big election for a lot of rea- someone else. It is truly disturbing. students a better chance to succeed. sons but one was that we got nine new Since this new Congress has convened, We will push for tax simplification, to Republican Members of the Senate. I it seems to me it has been a tale of two make taxes less fair, less complicated. have been in the Senate in the minor- branches of government. That is what Americans need to com- ity and I have been in the Senate in the While the Congress has shown a com- pete in the 21st century. We do not majority. I can tell you I like it a lot mitment to working together—and in need higher taxes, more debt to pay for better in the majority. But the fact is my private conversations with my col- spending and more IRS agents, things that notwithstanding a very good elec- leagues on the other side of the aisle, the American people do not believe we tion, from my perspective, on Novem- many of them are eager to work with need. ber 4, one that sent a real clear mes- us to try to find solutions to these Republicans are going to send the sage, I was left to wonder whether the challenges on a bipartisan basis. President bills that will help expand President got that message. This is one reason why the majority our economy by growing the private While I believe this was a referendum leader, Senator MCCONNELL, chose the sector, not by growing the Washington on Washington’s dysfunction in dealing Keystone XL Pipeline legislation, be- bureaucracy. We are going to pass bills with so many of the issues that face cause it enjoys broad, bipartisan sup- that increase how much families earn hard-working American families, what port. We thought it was important to and how much of that they actually the President seemed to promise was demonstrate, right out of the starting get to keep, not just how much Wash- more dysfunction. But I for one am gates, that we actually listened to ington gets to take and the President here to say we are not going to follow what the American people told us on gets to spend. the President down this low road. We November 4—that they want us to So the state of our Union is strong. It will try to find areas where we can work together and they are tired of the is also in greater agreement than it has work with the President. He did men- dysfunction. But it appears the Presi- been in years about the direction this tion a few: things such as trade, things dent hasn’t noticed or, perhaps more country should take. President Obama such as criminal justice reform. There accurately, he doesn’t really care what could have taken the opportunity last are a few things the President seemed the American people said on November night to actually talk about this. He to indicate were not partisan issues. 4. could have offered a positive plan to We look forward to working with him If the President isn’t going to listen work with Republicans and Democrats on those issues. to the American people and the voters in Congress instead of the defiant tone But the biggest problem we have and who voted in a referendum on his poli- he placed upon the country. which still faces our country is the fact cies—those are not my words; those are He made threats to veto bipartisan that notwithstanding one pretty good his—I wish he would at least listen to legislation. He chose to double down on quarter of economic growth, our econ- what he himself has said. He has said more obstruction, more unaccountable omy and our recovery are still pretty time and again that elections have con- Washington bureaucracy, more wasted fragile. We know the number of people, sequences.

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.008 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S306 CONGRESSIONAL RECORD — SENATE January 21, 2015 Well, I agree with that. Who the President railed against even middle class. So the fact is that if it wouldn’t. But this is the same Presi- though he was the one who thought works in the States, it can work here dent who 22 times said he did not have this up during the so-called supercom- too. the authority to issue an Executive ac- mittee deliberations. Now, measures such as reforming the tion on immigration and then turned I couldn’t help but think, as the Tax Code to provide tax relief in a way around and did it. Twenty-two times he President kept talking about raising that incentivizes people to work harder said he didn’t have the authority, and taxes, increasing spending, and not and produce more are pro-growth tax then he did it. dealing with problems such as the policies—not regressive policies such What I have learned in Washington is looming debt, that he was turning us as the President has proposed, which we can’t just listen to what people say. more into Europe, a welfare state, would make it harder. We have to watch what they do. We where everybody would look to the Improving infrastructure projects— have a track record of the past 6 years government to take care of them, not a the President talked about infrastruc- of what this President has done and not country that we were left by our par- ture last night, but he has also issued just what he has said. ents and grandparents, where we could a veto threat on the Keystone XL Pipe- As I say, the intransigence and the exercise our individual freedom and line. We are—I agree with the Senator tone deafness was pretty shocking last seek opportunities to rise above what from Wyoming—going to approve it, night. Notwithstanding, the President we had been left by previous genera- put it on his desk, and then it is up to gave a good speech. What I think the tions. him. Then, of course, there is putting President really hadn’t cracked the To me that is the most important Americans back to work and repealing code on—as anybody in elected office difference in what the President said oppressive government overreach— has to understand—is that there is a last night and what he might have such as ObamaCare. difference between running for office said, because our children do deserve There is a difference between gov- and actually governing once the elec- more opportunities. The truth is that erning and campaigning. The Presi- tion is over. But this President seems for most of us who are people my age, dent—there is no doubt about it—is a to be in a perpetual campaign mode, we are going to be OK. But the fact is world class campaigner. He is right making promises that sound like cam- the next generation, my children and that he won two elections by running paign promises rather than recognizing beyond, have been bequeathed more very successful campaigns, but he the reality of divided government and debt. seems absolutely disinterested, de- looking for opportunities to work to- Now the President wants to add on to tached, and, indeed, actually an obsta- gether to actually solve problems. that debt—more taxes, more spending, cle to governing, which is the job in So he is back on the campaign trail bigger government. front of us. In closing, I would say the state of again. I think he is going to Idaho and If there was one thing that was re- the Union is always a work in progress, other places around the country tout- jected in this last election, it was what but it should always be improving. It is ing his new agenda—hundreds of bil- we have had for the past 6 years. What my sincere hope the President will re- lions of dollars in new taxes. Of course, we have had for the past 6 years was a alize the hand he has been dealt, which somebody has to pay the bills, but the grand experiment in government. We is one of divided government, and that President mainly talked about free have always had this debate about the rather than campaigning perpetually, stuff last night. Free stuff is always size and the role of the Federal Govern- making promises for free stuff, higher pretty popular. I am surprised he didn’t ment, but we have never had such an taxes, and bigger government, that he offer Americans free beer and pizza aggressive attempt to grow the size of would work with us to solve some of while he was at it. It is very popular. the government in recent memory, cer- the very clear challenges that confront But the American people are not tainly since the New Deal, as under the us, primarily ones that will help grow dumb. They understand somebody is past 6 years. What the American peo- our economy and put Americans back going to have to pay the bill, and the ple, I believe, rejected was this experi- President ignored that entirely. He to work. ment in big government. I yield the floor. also ignored that for the past 6 years Perhaps that would be understand- The PRESIDING OFFICER. The Sen- this President has added $7 trillion to able if there weren’t examples of what ator from Missouri. the national debt. It is now over $18 actually does work, what does grow the Mr. BLUNT. Mr. President, I ask trillion. economy, what does put more money in unanimous consent to be allowed to Now, I know that it is impossible for hard-working taxpayers’ pockets, and speak for 10 minutes. the human mind to wrap itself around what does provide more jobs and oppor- The PRESIDING OFFICER. Is there a figure that big. That is so big that it tunity. One reason why it seems some- objection? is incomprehensible in many ways. But what obvious to me is because I see Without objection, it is so ordered. we didn’t hear a thing about the Presi- what has been done in places such as f dent adding $7 trillion to the national my home State of Texas, and it has debt. been done in other States where they KEYSTONE XL PIPELINE What he did take credit for—this is put their trust in people and not in big- Mr. BLUNT. Mr. President, I thought interesting because I have mentioned ger government that somebody has to last night, as the majority whip just he takes credit for things he had noth- pay for. mentioned, that the President once ing to do with and he blames other peo- The formula is not all that unique. again showed his sense of why the ma- ple for his own failures. But here is Governor Perry, who just left office jority in the Congress and the majority where he was half right. He did say after 14 years, when people talked of people in the country support the that the deficit—the difference be- about the ‘‘Texas miracle,’’ said: No, it Keystone XL Pipeline. It is not just tween the money we bring in and the is not a miracle; a miracle is a super- about the pipeline, even though he money we spend—actually had gone natural event. This is the Texas model. doesn’t quite seem ever to get that. It down a little bit. It is a conscious effort to choose poli- is about whether we are going to truly That is true, but the fact remains cies that actually work, that grow the take advantage of more American en- that we are still adding to the national economy and create jobs, lower taxes, ergy. debt for every dollar of deficit spend- and result in less red tape and a bal- Clearly, the President suggested that ing. But what the President also did anced budget. was one of the great accomplishments not say is the main reason why the an- Wouldn’t that be nice? We haven’t of his administration. I think we could nual deficit had gone down was because had a balanced budget in Washington make the argument—and make it ef- he advocated one of the largest tax in- since 2009. It is really malpractice. fectively—that his administration creases in recent history—perhaps in There are other policies that would hasn’t done much to implement the all of American history—during the fis- foster a better business environment great steps we have made forward. In cal cliff debate. Then, of course, there and encourage businesses to invest and fact, on public lands and other meas- was the sequester, which are the caps grow because that creates jobs, that ures that we were in the process of con- put on discretionary spending, which creates rising wages and a successful sidering when he became President,

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.010 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S307 they have backed away from that rath- So this amendment that I filed today the United States to reduce greenhouse er than stepped forward. directs the EPA to collaborate with the gas emissions from 26 to 28 percent We seem to be unwilling to step for- National Academy of Public Adminis- below the 2005 levels by 2025. It allows ward and embrace this great oppor- tration to review existing studies of the Chinese to increase their emissions tunity that is so much more than the costs associated with major EPA regu- until 2030. jobs for just the pipeline itself. lations. The amendment also directs So last night the President said in I filed two amendments today on the the administration to determine how his State of the Union Address that the pipeline bill—the topic we are talking different localities can effectively fund United States will double the pace at about, the topic my good friend from these projects. The end result would be which we cut carbon pollution and North Dakota has done so much to to come up with a working definition China committed for the first time to bring attention to since the day he ar- of a phrase they use a lot—individual limiting their emissions. Well, let’s be rived in the Senate. and community affordability—but I very frank about that. The President is It was 4 years ago, when the Key- can’t find any evidence that this actually right. He has agreed that we stone XL Pipeline application was only phrase—individual and community af- would double the pace, somewhere 2 years old at the time. Now 6 years fordability—really means anything. around 26 to 28 percent below the 2005 later, we are continuing to miss an op- The amendment I filed today has al- levels in the near term, but the Chinese portunity. It seems that on this topic, ready been endorsed by the U.S. Con- have agreed actually to be allowed to as once was said about seeking a solu- ference of Mayors, the National League increase their emissions for another 15 tion to the Middle East, we can’t seem of Cities, the National Association of years and then they would consider— to miss an opportunity to miss an op- Counties, and the chamber of com- they would consider—reducing emis- portunity. merce in my hometown, Springfield, sions after that. What this does is drive But the two amendments I have filed MO. jobs and opportunity to China and deal with a couple of critical issues The other amendment I am filing, other countries that care a lot less that relate to our energy future and submitted as a sense of the Senate, is about what comes out of the smoke- our infrastructure future. One would be that the President’s U.S.-China green- stack than we do. We lose the jobs we a community affordability amendment house gas amendment would be looked otherwise would have had. We try to where we would have to have a study to at in a different way. This amendment solve a global problem on our own even look at the impact that all of these is cosponsored by my colleague from though we have made great strides al- EPA regulations have on communities. Oklahoma, Senator INHOFE. It talks ready, some of which were cost-effec- These are EPA’s unfunded mandates on about the agreement negotiated be- tive, but they get less cost-effective all communities, where they tell commu- tween the President and the People’s the time. nities they have to do things but really Republic of China and, in fact, says I am grateful my colleagues allowed don’t give the community any idea how this agreement really has no force and me to have a few extra minutes. I have to pay for it. effect because frankly, Mr. President, filed these amendments, and we will be The Presiding Officer and I are from it already has no force and effect in talking more about them and the Key- two States that have many small com- China. Of the two parties the President stone XL Pipeline issue over the next munities. Those small communities says have agreed to this, we are the few days. I look forward to having a often have a water system, a sewer sys- only one who would have to do any- vote on these amendments and the vote tem, and a storm water system, and thing. We think this is a bad idea—Sen- on the Keystone XL Pipeline. the EPA comes in and says: Here is ator INHOFE and I—and I think others I yield the floor. what we want you to do—maybe not will join us. It is a bad deal for our The PRESIDING OFFICER. The as- with one of those, maybe with all of country, it is economically unfair, it is sistant Democratic leader. those—the air quality, the water qual- environmentally irresponsible, and Mr. DURBIN. Mr. President, it is my ity. once again it produces exactly the op- understanding that we are in morning I know the EPA has one regulation posite result of what we would want. business and the minority is now enti- on water where the solution can’t cost First of all, I think the Constitution tled to 30 minutes. more than 2 percent of the median in- is pretty clear on agreements nego- The PRESIDING OFFICER. The Sen- come over a specific period of time. tiated between countries. There is a ator is correct. Now, 2 percent of your income, if you Senate role to be played. It requires haven’t been paying it for your water the advice and consent of the Senate. f bill, your sewer bill or your whatever The Senate should insist we do that KEYSTONE XL PIPELINE bill—2 percent of your income is taken job. Whether it is here or on any other right off the top of your income. It agreements with other countries, those Mr. DURBIN. Mr. President, I wish to makes a difference to most families, agreements need to be consented to by speak in morning business on the pend- but at least there is a cap there. But the Senate. It happens to say that in ing issue on the floor, and I am glad you can have that 2 percent on increas- the Constitution. my friend and colleague from North ing the cost of the water system and These agreements, under this amend- Dakota, Senator HOEVEN, is on the another 2 or 4 or 5 percent on increas- ment, also would have to be accom- floor as well. Perhaps we can do some- ing the storm water system, and some- panied by actions that may be nec- thing unprecedented and actually have body has to pay those bills. essary to implement the agreement, in- a dialogue on the issue, if the Senator What this amendment does is suggest cluding what it costs to implement. is open to that suggestion. After I that we figure out who is paying those The amendment says the United States make some opening remarks, I will try bills, what is a reasonable way to pay should not sign bilateral or other inter- to request that through the Chair but those bills, and how those bills can be national agreements on greenhouse only if the Senator is interested. paid. We know on the Senate floor, and gases that will cause serious economic The PRESIDING OFFICER. The Sen- the President knows, and the EAP harm to the United States. It also says ator from North Dakota. knows who pays those bills and the the United States should not agree to Mr. HOEVEN. Mr. President, I cer- people who have access to those serv- any bilateral or international agree- tainly would welcome that opportunity ices. There is no mythical payee here. ment imposing unequal greenhouse gas and look forward to joining the Sen- The person who pays your utility bill is commitments on the United States. ator from Illinois in that dialogue. you, and if there is increased cost to The reason I filed this amendment is Mr. DURBIN. I thank the Senator the utility system, that comes to you. simple. The agreement the President from North Dakota and warn him that The person who pays your water bill is unilaterally negotiated with China and we are getting perilously close to a you. announced last November is a bad deal Senate debate, which almost never So I believe we need to have a coordi- for workers and a bad deal for families, happens. So we want to alert all the nated effort to see how those projects whether those workers are in Missouri news bureaus that this might even turn impact communities, impact families, or Arkansas or anywhere else in the into a debate on the floor of the Sen- and understand how this works. country today. The agreement requires ate.

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.012 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S308 CONGRESSIONAL RECORD — SENATE January 21, 2015 This is Senate bill 1. It is the highest The Canadian tar sands were devel- causes severe health threats. You see, priority of the Senate Republican ma- oped in Alberta, and they were shipped petcoke—this product from Canadian jority. It is their first bill in the major- to the United States and other places tar sands—contains heavy metals such ity. They decided their first bill would to be refined. In fact, the first Key- as nickel, vanadium, and selenium. be the Keystone XL Pipeline bill. The stone pipeline, I would argue—although Nickel causes cancer. Chronic exposure Keystone XL Pipeline is not owned by it went by a different name—actually to nickel can cause neurological and an American company; it is owned by a went to Illinois. It went to Wood River, developmental defects among children. Canadian company, is my under- IL, to the Conoco refinery, and I have You can see this nasty petcoke on the standing, TransCanada. What they are seen it. I have seen the refinery since it windowsills and buildings around this doing is shipping tar sands from Can- has been receiving these tar sands. neighborhood, but you can’t see it in ada—at least it is proposed here—into The reason why it is more expensive the lungs of the children until it is too the United States, across the Midwest, to use Canadian tar sands to produce late. to be refined in Texas and then turned oil products is you have to take out the The National Institute For Occupa- into refined oil products, which could tar sands. That is a viscous, nasty tional Safety and Health warns that in- include, of course, gasoline, diesel fuel, product that has to be dealt with with haling nickel-laced dust increases your jet fuel, and other things. extraordinary refining capacity, which risk for lung cancer and fibrosis. Yesterday we had two votes on the they developed at Wood River, what is Petcoke dust also contains polycyclic floor of the Senate about this pipeline now the Phillips refinery. I have seen aromatic hydrocarbons, which have and what it is going to produce, and it. been linked to cancer as well. And it is they were interesting votes. The dirty little secret about this not just because the chemical composi- In the first vote we said: Well, if we process is that after they have taken tion of petcoke is toxic; the dust par- are going to have this pipeline come off the worst parts of it—the parts that ticles themselves are extremely dan- into the United States of America and are not really economically valuable to gerous. When you inhale petcoke, that bring Canadian tar sands to be refined, most—they have to do something with dust can get trapped in your lungs, then whatever oil it produces, the prod- it, and it turns out that in this process causing respiratory problems. Once in ucts it produces, should be used in they generate huge amounts of what is the lungs, these tiny particles can ag- America to help Americans reduce the known as petcoke. Petcoke is the by- gravate asthma, leading to premature cost of gasoline, to make it cheaper for product of Canadian tar sands. Petcoke death in people with heart or lung dis- manufacturing concerns to use their is what is left over after they take ease, and cause heart attacks. products. what is valuable out of Canadian tar Yesterday I made the point that The Republicans rejected that notion sands. And there is a lot of it. when I visit schools across my State to that the oil and products produced by Proponents of the bill would like to ask how many students in the class- the Keystone XL Pipeline would be tell you the pipeline won’t have any room know someone who has asthma, used in America. They rejected that. I harmful environmental impact, but a without fail, rural or urban schools, think the vote was 57 to 42. Three or lot of communities across America half the hands go up. I invite my col- four Democrats joined them, but all of know better—Detroit, Chicago, and leagues to do the same. So anything we the Republicans, if I am not mistaken, Long Beach, CA, for three. These com- do to aggravate this asthma threat we voted to say the products coming out munities have seen what happens when face is something we ought to think of this pipeline wouldn’t be used in big refineries near their homes start about very carefully. Some safety doc- America. processing large amounts of Canadian uments even note that long-term expo- Then we offered a second amend- tar sands. sure to petcoke might cause damage to ment. The second amendment said: Let me show an illustration. This is the lung, liver, and kidney. Well, if we are going to build this pipe- from the city of Chicago—the city of Because of petcoke dust, the city of line—and a lot has been said about this Chicago. This is a Chicago neighbor- Chicago has advised residents in this being the Keystone jobs bill—shouldn’t hood. If you didn’t know better, you neighborhood and around it to limit we use American steel, use American would assume it is someplace in a re- the time they are outdoors. In addi- products to build it so that it truly mote area. It is not. This Chicago tion, Mayor Emanuel and the city are does create jobs in the steel industry neighborhood looks an awful lot like working with residents and local envi- and demand for steel products? Little Rock, AR; Fargo, North Dakota, ronmental organizations to limit the The Republicans rejected that except take a look at what is next door amount of petcoke that can be stored amendment as well. So their idea of a to these little bungalows and homes. in the city and to require that it be en- Keystone jobs pipeline is a pipeline This is a petcoke dumpsite. closed in facilities that would protect that produces a product that won’t be The British Petroleum refinery re- it from blowing around. sold in America and a pipeline that is ceives Canadian tar sands in Whiting, This isn’t the first city in America to built with foreign steel. That is their IN, refines them, and the leftover prod- face this danger from Canadian tar idea of an American jobs bill? uct—this petcoke sludge—is shipped sands, which will be transported, if There is also another aspect of this, over to the city of Chicago, where it is built, by the Keystone XL Pipeline. on which I have introduced an amend- deposited in piles that are three- and The city of Detroit, shipping ports near ment. There is a dirty little secret four-stories high. I have seen them. Los Angeles, they have dealt with about this Keystone XL Pipeline which The residents started noticing these petcoke piles too. We need to do more. we will get to vote on today. This is mountain-like piles of petcoke appear- Many of these cities have had to act what it comes down to. For the longest ing right over the train tracks from because for years petcoke has been ex- time nobody looked at Canadian tar their homes and at a local baseball empt from regulation under many Fed- sands as a viable source of a product field after the Whiting refinery began eral environmental laws, and it has not that could be refined into gasoline or processing tar sands. You might imag- been forced to comply with Federal diesel fuel. The reason it was never ine that on windy days, giant clouds of cleanup standards. considered viable was the price of a petcoke dust swirl above these storage The Federal Government’s views on barrel of oil was too low. They knew piles and cover the neighborhoods. I the official side of the ledger—the reg- that in these tar sands up in Canada, have seen them. I have visited them. ulatory side of the ledger is that these there was the potential of drawing oil So these working families, when the petcoke piles are benign, not to be wor- after they went through a lengthy and wind is blowing in their direction, end ried about. The health information expensive process, and they couldn’t af- up with this petcoke blowing into their tells us they are wrong. ford it until the price of oil started homes, into the lungs of their children. That is why I proposed an amend- knocking on the door of $80, $90 and Often, the dust from these petcoke ment to end petcoke’s exemptions and $100, and then Canadian tar sands be- piles means that people living in the require the EPA and Department of came viable. They could afford to re- southeastern part of Chicago are forced Transportation to promulgate rules on fine the product and make some to breathe dirty air that one organiza- how to store and transport petcoke to money. And that is what happened. tion—National Nurses United—says protect public and ecological health. It

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.015 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S309 closes the environmental loophole for In the State of Illinois, for example, I yield the floor, but I don’t think it petcoke. petcoke would be regulated by the is adequate to say that the city of Chi- My amendment would require we State of Illinois. What I understand the cago should be regulating this sub- make these changes before construc- Senator from Illinois to be saying is stance. We have a nation which will be tion is allowed to begin on this pipe- that he is dissatisfied with the way the affected by a national pipeline from line. It is important because tar sands State of Illinois has chosen to regulate this Canadian company. We ought to transported by the Keystone XL Pipe- petcoke. have a national standard to protect line—this Canadian company—will dra- But in fact the EPA has found that Americans from the dangers of matically increase the amount of petcoke has a low hazard potential. Ac- petcoke. Whether we are talking about petcoke produced in this country. cording to the Congressional Research Fargo, Little Rock or Juneau, I In the year 2013 the United States Service, most toxicity analysis of wouldn’t want to live this close to produced a record amount of 57.5 mil- petcoke, as referenced by EPA, finds it these petcoke piles. lion metric tons of petcoke. has low health hazard potential in hu- I yield the floor. According to the environmental im- mans, has no observed carcinogenic, re- The PRESIDING OFFICER. The Sen- pact statement for the Keystone XL productive or developmental effects. In ator from North Dakota. Pipeline, the No. 1 priority of the Sen- fact, it is a byproduct of not just oil Mr. HOEVEN. Mr. President, I ask ate Republican majority, this pipeline from the oil sands but also some of the unanimous consent for 30 seconds for a will produce over 15,400 metric tons of oils from California, Venezuela, and simple point of clarification. petcoke every day. other places. The PRESIDING OFFICER. Without Under current law all of this new So it is a byproduct that in fact is re- objection, it is so ordered. petcoke would continue to be shipped cycled. It is used in products such as Mr. HOEVEN. Mr. President, the to local communities for storage and aluminum, steel, paint. It is used to characterizations of petcoke are from disposal in the same large open piles produce electricity. the EPA and from the Congressional we see in this photograph in Chicago. Here is a case of a product that actu- Research Service. That isn’t right. We in Congress should ally can be and is in fact recycled. I The PRESIDING OFFICER. The Sen- deal with the acres of petcoke piles would argue that what we want to do ator from Minnesota. that are already out there before we as we produce energy is continue to in- Ms. KLOBUCHAR. Mr. President, I build a pipeline that will create 15,400 vest in these new technologies that ask unanimous consent to speak for up metric tons of it a day. Incidentally, will help us produce more energy but to 10 minutes. the BP refinery that has created this also do it with better environmental The PRESIDING OFFICER. Without mess is generating 6,000 tons a day. stewardship, which means we not only objection, it is so ordered. More than twice as much will come out work on CCS, carbon capture and stor- f of the Keystone XL Pipeline, the No. 1 age—which is a major undertaking in STATE OF THE UNION ADDRESS Republican Senate majority issue, S. 1, the oil sands right now; and I would be Keystone XL Pipeline, Canadian com- willing to engage in that discussion as Ms. KLOBUCHAR. Mr. President, I pany, 35 permanent jobs but 15,400 met- well—but then also work to find uses am here today to talk about the Presi- ric tons of petcoke every single day for these byproducts in things such as dent’s speech from last night. I think it somewhere in America. steel and aluminum. was very important. It was a major I hope my colleagues will support For example, the President last night event. All Members of Congress were this amendment to treat petcoke for talked about how the auto industry is there. To me, it was a call to action. It what it is. It is a dangerous byproduct making a resurgence, and he talked wasn’t just ideas, it was about how to that shouldn’t be stored in open-air about the CAFE standards. One of the turn ideas into action. It was a strong piles near neighborhoods, ballparks, things they are doing in Detroit with speech focused on the middle-class children, and elderly people. new automobiles is they are using economy and how we can strengthen End the regulatory loophole for more aluminum in the construction of our economy. I thought there was a lot petcoke and establish reasonable the cars to reduce the weight to try to of energy. guidelines for handling this dangerous meet those CAFE standards. I know some of my colleagues in the material. This would help ensure that So here is a product from the oil last few months have predicted that clean air and clean water is something sands oil that is actually used in alu- the President was somehow going to everyone can enjoy—even if you hap- minum to make those vehicles lighter slide down because of the actions he pen to have the bad luck of living in a to achieve one of the things the Presi- took on immigration or the actions he neighborhood near a petcoke dump site dent talked about in the State of the took on Cuba, and I think what we are such as this one near the city of Chi- Union Address last night as a byprod- seeing around the country is quite the cago. uct from the oil sands oil. opposite. I think people are excited I see the Senator from Minnesota is So I appreciate the question and look that there is an energy, and they are seeking recognition. I ask unanimous forward to further dialogue. certainly pleased we have seen some consent for the Senator from North Da- Mr. DURBIN. Reclaiming for a brief major improvements in the economy. kota and myself to enter into a 3- followup. I want to make sure I under- I would say to my colleagues across minute dialogue so we don’t hold up stand the Senator’s position. the aisle, whom I take at their word my friend from Minnesota. The Senator’s position is we should when they say they want to work with The PRESIDING OFFICER. Without not establish any Federal standards on us to govern this country, that I think objection, it is so ordered. the safety of petcoke and leave it up to we know—if we didn’t know it before, Mr. DURBIN. I know the Senator is a the States. after last night—that the President is reasonable man and has been Governor He also argues it is not a danger, it is not going to be spending his next year- of a State and understands responsi- not carcinogenic, and it is low hazard, and-a-half slouched in an armchair bility. in his words. I don’t know if the Sen- planning his Presidential library. I Is it too much to ask that we regu- ator has seen petcoke neighborhoods think what we saw last night is a late petcoke so it is not a public health that have this blowing into them. President who wants to get things done hazard to the people who happen to live I would just say to the Senator, this in his remaining time in office, and I next door to these dumps? notion that somehow petcoke is going think we see an energized country that Mr. HOEVEN. Mr. President, I appre- to be some fabulous discovery for new also wants to get through the gridlock ciate the opportunity to respond to my inventions—maybe it will, but at this and move forward. esteemed colleague from the State of point it is being sold to China and they First of all, I think the President did Illinois. are burning it to generate electricity. I a very good job of laying out the status Of course the answer to the question would just try to imagine for a mo- of the economy, and I think it is very is that in fact it is a regulated sub- ment what is coming out of those important, when there are so many stance, and it is primarily regulated at smokestacks in China, where sadly the numbers out there and information and the State and local level. air pollution is awful at the moment. people throwing things out, that we

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.017 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S310 CONGRESSIONAL RECORD — SENATE January 21, 2015 step back and look at that. Because right now if it wasn’t for community than the bottom half of the country when we look at where we are going to college. My grandpa worked 1,500 feet combined. So as we look at where we move forward, we need to understand underground in the mines in Ely, MN. should be giving tax cuts and who we from where we came and how we ended He never even graduated from high should be helping, it is clearly the mid- up where we were a few years back in school. At age 15 he had to quit school. dle class of this country. the midst of a recession. Even though he was getting A’s in That includes help with childcare and So as I look at these young pages— math, he had to quit school to go and childcare credits that the President thinking about how difficult it was for help support his family. Within a few talked about. We are the only advanced so many years for young people to find years he was down in those mines. That country, as he pointed out last night, employment and that we are now fi- is where he worked his whole life. He in the world that doesn’t have some nally seeing hope for young people out had dreamed of a life at sea. He had kind of sick leave or paid maternity in the job market and how we can build dreamed of a life in the Navy. He had leave. When I go and talk to women all what we have got. dreamed of a life where he could use his So what do we know? We have had 58 over my State and I ask them what education, but he worked in that mine they most want, so many of them say straight months of private sector job because he believed, more than any- growth. Our national unemployment is time. They want time to be able to be thing, in the American dream—in his with their kids when they are sick. below 6 percent. In fact, in my State it two young boys, in his wife, in his fam- is down to 3.7 percent. Our unemploy- They want time to be able to be with ily, in the nine brothers and sisters he their baby when their baby is born. ment rate last year went down faster raised because both of his parents died. than in any other year we have seen That is the best thing for our country. That is why, at ages 15 and 16, he and So I don’t believe the naysayers that since 1984. We are now No. 1 in oil. This his brother went to work. They went to fall we surpassed Saudi Arabia as the say we cannot work across the aisle to work to help their family. When the start talking about these important No. 1 oil and gas producer in the world. youngest kid, Hannah, had to go to an That is what our country has done be- middle-class issues. orphanage for a year and a half, my cause of the work in North Dakota—I As the President pointed out, he is grandpa borrowed a car a year and a see my friend Senator HOEVEN over not running again, and he has nothing half after that and went and got her there—because of the work going on all to do but to try to move forward with back, as he promised. over this country. So what did he do for my dad? He this country. As the President also pointed out saved money in a coffee can in the I appreciated the words of so many of last night, we also are increasing our basement so he could send my dad to my Republican colleagues who talked renewable energy in wind. I would add, college, and my dad is a proud graduate about governance, who said they want- from the State of Minnesota, that the of Ely Junior College, a 2-year commu- ed to get back to the real business of renewable fuel standard and the fact nity college. From there he was able to government, which is governing. I also that we have better gas mileage stand- appreciated those who have put out in- ards—all of these things have helped to go to the University of Minnesota, get a journalism degree and interview ev- novative ideas on things such as infra- bring down our consumption and to structure. The simple idea that perhaps raise our production, bringing these eryone from Ronald Reagan to Mike Ditka, to Ginger Rogers. That is our we can get some of these foreign earn- prices down in our country. ings that are stuck there overseas that I thought one of the most interesting family’s story. are just sitting there, billions of dol- statistics last night was a fact I had My sister never graduated from high lars—why don’t we do something to never heard before. Since 2010, America school. She had some trouble in high bring that money back and make sure has put more people back to work than school. So what did she do? She was a portion of it goes into infrastructure? the combined countries of all of Eu- able to get her GED, go to a commu- rope, Japan, and all advanced econo- nity college, and move on from there to No one knows that better than our mies across the world. That shows that finalize her 4-year degree and get an State. Our State is a State where a our workers are so good—something we accounting degree. bridge fell down in the middle of a know. It shows that our businesses are Those stories are all over America. summer day—not just a little bridge, so good. I think this is an opportunity The President’s devotion to talking an eight-lane highway eight blocks we now have to finally in this Chamber about these 2-year community colleges from my house; a highway my family govern from opportunity, not just be and using them as a launching pad for would drive over every single day— governing from a state of crisis. That kids’ careers is the right one. down into the middle of the Mississippi is what we need to do. I am hoping, given the support I have River on a summer day. That is infra- One of my favorite parts, of course, seen from businesses across my State— structure and that is a problem. was Rebekah and Ben Erler from Min- where we don’t have enough welders, There are 75,000 bridges in this coun- nesota, who were mentioned right near we don’t have enough people to work try that have been found to be struc- the beginning of his speech, sitting the technology in a lot of the factories. turally not efficient, not able to func- right up in the First Lady’s gallery in I am hoping my colleagues will join us tion. That is what is happening in this the House, a woman who had gone because of the strong business support, country right now. because of the need we have in our through some hard times. Her husband So I truly appreciated the fact that country to get more people into these had lost his job in the construction in- the President talked about, yes, we are dustry, but because of the strength of jobs. We have 5 million job openings. We going to be defending something, we our State and the strength of her fam- are going to be arguing about things in ily, her personal strength to want to go have 8 million people who are unem- ployed. We need to match those two this Chamber. That is what this is set back to work and go to a community up to do. That is democracy. That is college, her family is now stabilized. numbers. And the way we do it, I think, is by doing more with these 1- government. But there are also some As the President pointed out, maybe very clear areas of agreement, and one their big treat is getting together for a and 2-year degrees and doing more with kids in high school. of them is helping the middle class. pizza on Friday, but the point is that Let’s move. Let’s go forward. they have gotten through some very The second topic I appreciated that hard times, as have so many resilient the President talked about was the Thank you, Mr. President. people in this country. middle-class tax cut. We all know the I yield the floor. So the question we now have is this: numbers. We all know the facts that How do we get ahead? How do we keep due to the widening gap we have seen f going? I am going to go through a few in income distribution, about 80 per- of the ideas that the President dis- cent of families have $1 trillion less in CONCLUSION OF MORNING cussed last night that are near and income than they did during the BUSINESS dear to my heart. Reagan time—$1 trillion less than dur- The first is community college. I ing the Reagan time. The top 400 peo- The PRESIDING OFFICER (Mr. SUL- would not be standing in the Senate ple in the country have more wealth LIVAN). Morning business is closed.

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.018 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S311 KEYSTONE XL PIPELINE ACT Once again, there was no indicator. I parts of the State Department’s final The PRESIDING OFFICER. Under would like to remind everyone that we EIS that explains, I think in pretty fair the previous order, the Senate will re- are sitting at over 2,300 days where we detail, that this project will not sig- sume consideration of S. 1, which the have not had a Presidential decision. I nificantly contribute to climate clerk will report. think the good news for us here on this change. In fact, the State Department The bill clerk read as follows: floor is the debate on this issue is not found that without the Keystone XL A bill (S. 1) to approve the Keystone XL going to last that long, thankfully. Pipeline greenhouse gas emissions as- Pipeline. Again, we moved into regular order, sociated with transporting Canadian Pending: and I think it was helpful for Members oil could actually increase, and the es- Murkowski amendment No. 2, in the na- of the body to not only know that timate is increasing somewhere be- ture of a substitute. there was a series of amendments that tween 28 and as high as 42 percent. One Fischer amendment No. 18 (to amendment were called up, but that we were able might ask, how can that be? The re- No. 2), to provide limits on the designation to have debate on them, and then we ality is that not only is a pipeline less of new federally protected land. were able to dispense with them. costly and more efficient, but it has Schatz amendment No. 58 (to amendment the least environmental impact in No. 2), to express the sense of Congress re- The majority of the Senate voted to garding climate change. table two of those proposals, but then terms of any additional emissions. Murkowski (for Lee) amendment No. 33 (to when it came to the Portman-Shaheen So I think it is important to recog- amendment No. 2), to conform citizen suits bill, the energy efficiency provision, we nize that when we are talking about under the Endangered Species Act of 1973. were able to move that by a vote of 94 the oil coming from Canada, oil that Durbin amendment No. 69 (to amendment to 5, demonstrating again a great deal Canada is producing for lots of dif- No. 2), to ensure that the storage and trans- of support for this small energy effi- ferent reasons that benefit Canada, portation of petroleum coke is regulated in a that that oil is going to move. So our manner that ensures the protection of public ciency provision. I wish it had been and ecological health. bigger, in fairness to the bill sponsors challenge is, is that oil going to move Murkowski (for Toomey) amendment No. who have been working so hard for in a manner that benefits Americans 41 (to amendment No. 2), to continue clean- years on that. We just advanced a very with increased jobs and opportunities? ing up fields and streams while protecting small piece of that. I think we have Is it going to help fill our refineries in neighborhoods, generating affordable energy, more to do in the area of energy effi- the gulf coast? Is it going to help from and creating jobs. ciency, and I am looking forward to a safety perspective in terms of trans- Whitehouse amendment No. 29 (to amend- porting a product in the safest manner ment No. 2), to express the sense of the Sen- working with them on that. ate that climate change is real and not a What we have in front of us now at as well as providing the least environ- hoax. this point in the process is we have a mental impact? The PRESIDING OFFICER. The Sen- bill that will approve the cross-border The State Department also provided ator from Alaska. permit for the Keystone XL Pipeline in the EIS that: Ms. MURKOWSKI. Mr. President, we and we will work to deal with some as- Approval or denial of any one crude oil are back again with the Keystone XL pects of energy efficiency. I think that transport project, including the proposed project, is unlikely to significantly impact Pipeline, S. 1, the bipartisan 60-sponsor is some good progress. the rate of extraction in the oil sands or the bill in front of us. We had a good day Once again this morning I will en- continued demand for heavy crude oil at re- yesterday debating three amendments courage Senators. We have called for fineries in the United States based on ex- and ultimately disposing of them. We an open amendment process, but as the pected oil prices, oil sands supply costs, have a half dozen of them in front of us leader has reminded us, it is not open- transport costs, and supply and demand sce- this morning and this afternoon. ended. We are not going to be on this narios. I think it is worth noting, there have bill indefinitely. So move to file your I think we are going to have some been several Members who have come amendments. If you want a vote on discussion this afternoon about what is to the floor to give comments about them, you need to be filing them now contained in the State Department the State of the Union last evening de- and talking to us now. EIS. At 1,000 pages the full EIS is sub- livered by President Obama. It was his We are at 77 amendments that have stantive. There is an executive sum- sixth official State of the Union Ad- been filed and that was as of last night. mary that helps us all out and distills dress. It marked the sixth address that So there is clearly already a line, and all of this. But I think it is important he has given to the Congress and the my hope is we will be able to dispense that Members look at what that report Nation while this project has been with this half dozen today. outlines. under review the whole time through- Briefly speaking to the measures I previously mentioned that we have out his entire administration. Every that we have from each side, we have about 77 amendments in front of us one of those State of the Union Ad- Senator FISCHER’s amendment 18; that have been filed at this point in dresses has happened at a time when Schatz amendment No. 58; No. 33 is the time. We have nine, as of this morning, the Keystone XL application has been Lee amendment; we have Senator DUR- separate sense-of-the-Senate or sense- pending. It puts into context how long BIN’s amendment 69; we have Senator of-the-Congress amendments relating we have been considering this legisla- TOOMEY’s amendment 41, as well as the to climate change. tion. Whitehouse amendment No. 29. I have noted that this is the first The President didn’t really speak I spoke a little bit on a couple of time we have had an energy-related bill much to the demerits or the opposition these measures yesterday, and I will be on the floor in a while where there has to Keystone XL—it was basically a speaking more this afternoon before we been an opportunity for debate. You quick reference—but he did in a man- move, hopefully, to votes. will recall that this same measure was ner attempt to compare this bipar- I do want to take a minute before I on the floor in December when the tisan, subsidy-free bill to major tax- turn it over to Senator CANTWELL to be Democrats were in charge. The floor payer-funded infrastructure projects. recognized and then to Senator was managed at that point in time by Whether it is our highways or bridges, HOEVEN. There have been several sense- the Senator from Louisiana, obviously the need is clear. But I think we also of-the-Senate amendments that have very passionate in her support of the recognize those are projects that are been filed—presented on the issue of Keystone XL Pipeline. But in that de- taxpayer-funded that will require mil- climate change. I think it is important bate there was no opportunity for lions and perhaps billions of dollars a for people to note that in order to ap- amendments. You didn’t see colleagues year. What we are talking about with prove the Keystone XL Pipeline, as the on either side of the aisle able to offer the Keystone XL is something where legislation itself lays out, there is no any amendments. We didn’t see any we don’t have any Federal subsidies climate change provision that is re- amendments on climate. Now we have going in. It is not taxpayer-funded. I quired. I find it a little ironic that in nine climate-related amendments here. think it is important to make sure neither of the two pending amend- So when you think about the urgency, that we understand the difference. ments that we have before us—Senator we are having folks coming down and What we didn’t hear last night was SCHATZ’s and Senator WHITEHOUSE’s— saying we must act on this now. I will how this project could be advanced. neither of them actually quotes the remind people the reason we are able to

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.021 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S312 CONGRESSIONAL RECORD — SENATE January 21, 2015 have this debate and the reason we are couraged that more than 60 of my col- very real. The shellfish industry has able to have votes on this issue is be- leagues seem to share that view. been almost ruined due to the lack of cause we are operating under a regular We will continue the discussion oxygen in the water and the amount of order process where we are allowing for through the series of amendments we carbon that basically sinks into our amendments, whether it is on issues have before us today. I know my col- oceans and causes damage to the shell- such as climate change or whether it is league from North Dakota is prepared fish. on issues such as dealing with exports to speak, but at this time I will turn it I see the Presiding Officer is also as we took up yesterday. We are not over to my ranking member, the Sen- from the great State of Alaska. going to agree in many of these areas, ator from Washington. When it comes to sources of feeding but at least we are going to get back to The PRESIDING OFFICER. The Sen- for Pacific Northwest salmon, there are being a deliberative body that not only ator from Washington. not a lot of great food sources for the talks about issues, but has an oppor- Ms. CANTWELL. Mr. President, I ap- salmon. Climate change is having an tunity to vote on them. preciate the Senator from Alaska help- effect on the ecosystem and the econ- So, again, I think we are probably ing us to work through this process and omy, so you can bet that climate issues going to hear a lot of different con- being down here to talk about how we are very important to our State. Those versations about climate change. move forward. I heard her say we are issues are no longer hidden and there is I want to point out an article before obviously thinking about how we move no longer a way to escape from that. It I conclude this morning. This is an ar- through the amendment process, and I is on our plate right now. ticle that ran November 27, 2014, just a am sure she and I will get a chance to The President of the United States few months ago. It ran in the Financial talk about the potential votes we will said: Let’s deal with that and move for- Post, and it is entitled ‘‘New emissions have later on as we continue with this ward, and instead of talking about one from Canada’s oil sands ‘extremely amendment process. pipeline, let’s talk about an energy low,’ says IEA’s chief economist.’’ The Like her, I wish to add a few com- plan and an infrastructure investment article has some interesting quotes ments to this morning’s comments for the Nation. that I think are relevant to our discus- about the State of the Union Address I will point out to my colleagues: sion. last night because I do feel as though it You are becoming dangerously close to The first line of that article states: was the first time we heard a speech saying we can’t do something like As an energy advisor to some of the world’s from a President of the United States Portman. How many times were my most developed economies, Fatih Birol wor- that was all about an innovation econ- colleagues from Ohio and New Hamp- ries about critical issues including security omy. shire held up on energy efficiency be- of energy and the impact of fossil fuels on As someone from Seattle and the Pa- cause no one would let us vote on that? the climate. One issue he does not spend any cific Northwest, I know a lot about in- How long—1 year, 2 years? Then yester- time worrying about, however, is carbon novation, and I was glad to hear he ba- day we finally had a vote, and 95 of our emissions from oil sands. sically spoke about the whole perspec- colleagues voted yes on moving for- Mr. Birol is quoted as saying: ‘‘There tive of what it takes to have an innova- ward on energy efficiency. is a lot of discussion on oil sands tion economy and how we have to I will also point out that energy effi- projects in Canada and the United think about research and development ciency is, I believe, key to our economy States and other parts of the world, but and investing in our workforce. He of the future. If the United States is a to be frank, the additional CO2 emis- mentioned trade and a variety of leader in making energy—no matter sions coming from the oil sands is ex- things that are all components of an what source it comes from—more effi- tremely low.’’ innovation economy and how we can cient, we will write the playbook So here we have a statement by continue to move forward. I was very around the globe because so many peo- IEA’s chief economist. If we combine glad to hear that level of innovation, ple will want to make very dear energy that with what we have contained in including his community college effort resources more usable, better utilized, the State Department’s final EIS— because it is about training the work- and have lower costs to their indi- again, I think these are important force for the future. vidual businesses and consumers. statements of support or fact to have I also heard him talk about making Energy efficiency is incredibly im- on the record. improvements in infrastructure. The portant, but we never got to energy ef- As we are debating these amend- one thing I didn’t hear him talk about ficiency. It is almost as if the other ments today, I encourage everyone to was the issue of plug-in vehicles or side of the aisle is saying: You will keep in mind that oftentimes much of electric cars. The reason I bring that only get energy efficiency if we pair it what we hear can be a little amped-up. up is because I think for most of the with other legislation where we are I understand the passion that goes on, Bush administration, and maybe even rolling back environmental rules, and but we need to make sure we are look- some of the earlier days of this admin- that is the objection I have and the ing critically at the facts as they exist. istration, I constantly heard talk people from the State of Washington I am just going to conclude my com- about how we had to get electric vehi- have as well. ments this morning by saying that cles and plug-in cars so we could get off People want people to play by the what is happening in Canada—the sim- our dependence on foreign oil. rules. They want to know that if you ple facts are that Canada is producing We should take pride that in last propose a pipeline, you will actually its oil and it will move that oil to mar- night’s speech we didn’t have to listen follow the laws to protect the environ- kets. Canada is our strongest partner, to that because we have made progress ment, such as the Clean Air Act, the and they supply us with more oil than in plug-in electric cars. Plug-in electric Clean Water Act, and follow the proc- any of our other trading partners. So cars are in the marketplace, and we are ess of what is in the public interest. We Canada is going to continue to produce making great progress in that area. We should be having that debate. We oil, and they will move that oil. are also making progress in getting off should not usurp the President of the The question is, Who will ultimately foreign oil, and we are seeing how fuel United States in determining what is benefit from that production of oil? efficiency is having a positive impact the national interest of this country. Will the United States gain the benefit on our savings. At the very time the State Depart- of those construction jobs? Will the The President of the United States ment was saying to this company, United States gain the benefit from the was asking what is the next level of in- TransCanada, you have a pipeline pro- crude that will come down through the novation we have to do and how do we posal we don’t like because it goes line and go into the gulf coast and ben- move forward while still protecting right through an aquifer, at the very efit from the refineries that are built ourselves from what has been the dete- moment when the State Department to handle and process that heavy crude rioration of our environment from the was telling them we don’t like the pro- coming from the north? greenhouse gases and the threat it posal and you need to adhere to the en- I want the United States to be a par- makes to our planet. vironmental laws, the same people ticipant in this important project for a Again, being from the Pacific North- were in Congress trying to get Sen- lot of different reasons, and I am en- west, I consider those threats to be ators and House Members to vote on

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.022 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S313 legislation that would have said pass and I do appreciate the fact that I Yukon, they are paying $7.25 for a gal- the pipeline right through the aquifer. think she is serious about she and I sit- lon of fuel. Up in Kobuk—in the north- I believe the President should be ting down and talking about a larger west part of the State—they are paying given the due diligence to drive home energy bill. I pride myself on having a $10 for a gallon of fuel. The rest of the with this foreign company the fact Pacific Northwest view; that is, there country is enjoying a price break be- that we have a national interest, that are things that are good for both Alas- cause of the drop in fuel, but in Alaska, this national interest will be met, and ka and Washington and we should work when there is no neighborhood filling that we will set the standard for on them together. Maybe there are station that is connected to a road that whether these environmental laws are some things that are well and good for is connected to someplace that brings going to be complied with. I don’t be- Alaska and Washington but maybe the people somewhere, people have to bring lieve we should be usurping them. I rest of the country doesn’t agree with, in their fuel by barge or by plane. The think my colleagues are now offering but we will work through a process to- contract for that fuel in July—July’s amendments on the other side that gether. prices were not what they are now. also usurp other environmental laws. I say to my colleagues, as we look at Folks are locked in. Talk about being I hope my colleagues will think these next tranches of votes, we should frozen in someplace—well, their prices about this because it will certainly consider what the President said last are also frozen in. give the Senator from Alaska and my- night. We need a broader innovation So we know and understand the chal- self something to think about. As we strategy for our economy. I believe lenges when it comes to energy. We try to move forward on energy legisla- there are ways to get there. I think know and understand the challenges tion, we are going to have to think these amendments we are considering— when it comes to paying to keep your about how we are going to pass some- I don’t think we need to change the house warm or your lights on. We have thing that has bipartisan support. Antiquities Act. I am a big believer in every interest—every interest—to Since I have been on the energy com- the fact that there are some tremen- make sure that we are pushing out, mittee—and I have been on the com- dous national beauties that have been that we are being innovative, that we mittee now the entire time I have been established through the Antiquities are being as efficient as we possibly in Congress—I have had the opinion Act both—actually by lots of Repub- can be when it comes to energy use and that you should not hold up good en- lican Presidents, and I don’t feel we consumption. I want to urge us, to ergy legislation just to try to get bad have to change the Antiquities Act. I push us, to be really aggressive in energy legislation. I have the opinion certainly don’t think we need to pushing us toward those technologies that we should pass energy bills every change the Endangered Species Act, that will allow us, in a small-popu- year. That is the transformation our and I don’t think we need to overrule lation State that has no real energy country is going under. the Clean Air Act, as the amendment grid, so to speak, to figure out how we I wish we would have helped the Sen- does of the Senator from Pennsylvania. can be more self-sufficient, get us off ators who wanted to usher in energy ef- We will have more time to talk about diesel, get us off $10-a-gallon oil in ficiency 2 years ago, but it is telling these amendments on the floor, but I Kobuk, AK. We have to figure this out. that 95 of our colleagues have always hope my colleagues will understand We are talking about the challenges thought that was an easy lift. We that we want environmental rules to be we face, but as we begin this good, ro- should keep moving forward on those followed, and we want people to follow bust debate on issues such as the cli- issues that are easy lifts and ensure a process. We want these issues to mate, I think we need to be careful the businesses that need predictability move forward from an energy policy about what we are doing in response to and certainty that we can move for- that will move America to a 21st cen- the issue of a changing climate. If the ward on that. tury energy policy and not continue to answer is to increase energy costs, if it Another example is the clean energy hold on to the 19th century pollutions is to implement a carbon tax, if it is to tax credits. While we are trying to that are challenging our economy. make it more expensive, if it is to crip- overwrite environmental rules to give I am sure we are going to hear from ple our economy, then we don’t have a foreign interest a pipeline through our colleagues when they come down to the ability to move out on these tech- our country—I should say, people debate these issues as it relates to nologies because they are expensive. thought the pipeline that went through greenhouse gases and other things. We need to have a strong economy. Yellowstone was safe, and we just had Again, I appreciate my colleague from We need to figure out how we can ad- a big spill there this past weekend. It is Alaska helping us to work through this dress climate through adaptation, not as if these spills don’t happen. process. I appreciate that it is a debate mitigation, and new technologies that We had a colleague from Michigan and that all of my colleagues will have are going to take us to cleaner fuel talk about the spill that happened in a chance to come down and express sources, to renewable energy sources Kalamazoo. I just saw the Com- their opinions. we have in great abundance in Alaska mandant of the Coast Guard again last With that, I yield back to my col- and elsewhere. But it takes money. It night at the State of the Union Address league on whatever process we are takes a strong economy. So I am not and we talked about how we don’t have going to follow to go back and forth on willing to do anything that is going to a solution for cleaning up tar sands in amendments. put the brakes on our economic the water, and that is why we in the The PRESIDING OFFICER. The Sen- strength and viability. Pacific Northwest are so interested in ator from the great State of Alaska. This is a good part of the discussion. this issue. Ms. MURKOWSKI. Mr. President, I It is very germane to where we are Let’s not hurry through a process of wish to acknowledge the comments of right now. special interest when we can do things the ranking member of the energy I mentioned in my comments that we that we need to give predictability and committee and her focus on energy in- currently have six amendments pend- certainty on, such as the energy tax novation. I think we can look to that ing to the bill. Our side would like to credits that are germane and are with- as not only a bright spot in our econ- set up votes on these amendments, in the boundaries of what Congress is omy where we have seen great progress with a 60-vote threshold required for supposed to be deciding on. The Amer- in recent years, but we have also seen any amendment that is not germane. ican people are asking us to debate great enthusiasm and an optimism We are working on a side-by-side right those issues and to come up with a res- about the future of our country when now on the Schatz amendment as well olution on them. I don’t know that the we allow our great minds to work on as a potential modification to the American people are asking us to over- some of the problems of the day to get Fischer amendment. But I don’t think ride a process and usurp what is the us to these advanced solutions. there is any reason why we wouldn’t be right of the President to make sure our The Presiding Officer and I come voting on most, if not all, of the pend- national interests are considered in from an energy-producing State. We ing amendments shortly after lunch this policy debate. are also a State that has some of the today. Once we have gotten through I do appreciate the Senator from highest energy costs in the country. those amendments, Senator CANTWELL Alaska working through this process, Right now in the village of Fort and I will queue up the next batch of

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.024 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S314 CONGRESSIONAL RECORD — SENATE January 21, 2015 two to three amendments from each We should be considering tax legisla- So when we talk about why this bill side so we can continue to make tion. is up first, it is because we want to progress on this bill. Mr. President, I yield the floor at build an energy plan that works for At this time, I turn to my colleague this time. this country. We want our Nation to be Senator HOEVEN, the sponsor of S. 1, The Senator from North Dakota. energy secure. This is how we do it. who has been waiting to address the Mr. HOEVEN. Mr. President, I wish This kind of infrastructure is a vital body. to respond regarding the legislation part of building that energy plan where The PRESIDING OFFICER. The Sen- that is currently on the floor in several we produce more energy than we con- ator from Washington. regards. I would like to discuss some of sume. So, together with Canada, we Ms. CANTWELL. Mr. President, I ask the environmental arguments that truly have North American energy se- unanimous consent that Senator have been brought up. I wish to also curity. That means lower prices, that HOEVEN be followed by the Senator reference the issue of export as well as means a stronger economy, and that from Vermont to speak for 10 minutes touch on some of the comments of the means we don’t have to depend on about an amendment he has filed. President relative to this project and OPEC for our energy. comments others have made regarding The PRESIDING OFFICER. Is there Now look what is happening. OPEC is the Keystone XL Pipeline approval bill, objection? pushing back, aren’t they? We are now Without objection, it is so ordered. S. 1, being the first bill we brought up. One of the things we hear is, well, in this market fight, a fight for market Mr. HOEVEN. Mr. President, I wish share. So what do we do? Do we con- to verify that I have 10 minutes before this is a private investment, it is $8 bil- lion, but we should somehow be doing tinue to build our energy resources my time expires. Is that correct? here in this country or do we say: No, The PRESIDING OFFICER. The something else. The reality is this is an $8 billion shovel-ready project, good to we are not going to build the infra- Chair is not aware of a limit on the structure. We are not going to continue time of the Senator from North Da- go. It is vital energy infrastructure for this country. So it is important in its to produce more oil and gas in this kota. country. We are not going to work with The Senator from Washington. own right. To compare it to the high- way bill, which is all funded by Federal Canada. We are going to have Canada Ms. MURKOWSKI. Mr. President, I send that oil to China because they don’t know how much time the Senator tax dollars, whereas this is a private investment which is going to generate want it. from North Dakota is seeking this Then we will go right back to where morning. Maybe that would help the revenues in addition to providing vital infrastructure and providing jobs—that we were before, where our energy Senator from Vermont in under- shrinks back down and we don’t work standing the schedule. is not a fair comparison. The point in bringing up this bill with Canada, and OPEC is right back Mr. HOEVEN. Mr. President, that is first was not only because this is im- in business. That has to be music to fine. I will use 10 minutes at this point, portant energy infrastructure but also OPEC’s ears. They probably love it and I will use more later. because we wanted to try to get the when they hear that the President is Ms. MURKOWSKI. Mr. President, I Senate back to regular order, to an going to block our efforts to build vital understand the Senator from Vermont open amendment process. We just spent energy infrastructure—and private in- is just going to speak to an amendment the last session and even before where vestment, mind you, not taxpayer dol- he has filed. He is not seeking to call we couldn’t get amendments offered. lars—that will create hundreds of mil- up the amendment; is that correct? Whether Republican or Democrat, we lions of dollars of revenue for all of Mr. LEAHY. That is correct. I will could not come to the floor of this these States as they collect property probably need about 5 or 6 minutes. body—the most deliberative body in taxes and payment in lieu of taxes. Ms. MURKOWSKI. No objection, Mr. government—and offer amendments, OPEC is doing great. President. have the debate, and get a vote. The PRESIDING OFFICER. The Sen- When we shrink our industry back So understand that bringing up this down and Canada sends its energy to ator from North Dakota. legislation is important in its own Mr. HOEVEN. Mr. President, if the China, who is back in business? Who is right, particularly as we consider how back in the driver’s seat? OPEC and Senator from Vermont is only going to we best build the energy future of the speak for 5 minutes, then I will defer to the other petro-dependent countries, United States and have this important such as Russia. Russia finances vir- him. I may go longer than 10 minutes, energy debate. so I will defer to him if we would like tually 50 percent or more of their econ- Look what is going on at the pump omy on what? Petro dollars. Iran is a to proceed at this time. right now. We pull up to the pump and The PRESIDING OFFICER. The Sen- petro-dependent state. Do we want to gas is down more than a dollar. I think be in the driver’s seat or do we want to ator from Vermont. the national average price of gasoline Mr. LEAHY. Mr. President, I thank keep them in the driver’s seat? Do we is $2.05, when it was up between $3 and want to repeat history or do we want the Senator for his usual courtesy, and in some cases $4 in some markets. That to take control of our own destiny? I appreciate it. is a huge savings. That is hundreds of That is why this is an important issue. As the most senior Member of this billions of dollars in consumers’ pock- body, I have served in both the major- ets. That didn’t just happen; that hap- It is also an important issue because ity and minority numerous times, pened because we are building the right it is about getting this body back to a under three Democratic Presidents, energy future for this country. regular order so we break the gridlock. four Republican Presidents, and Demo- We are working to create energy se- We are offering amendments. We are cratic and Republican majorities. curity for the United States by pro- saying to Republicans and Democrats: Throughout that time, I learned that ducing more oil and gas in this coun- Come down and offer amendments. the Senate can be productive. The Key- try, along with other types of energy, We voted on three amendments yes- stone Pipeline legislation we are con- and working with Canada to produce terday. We have six pending amend- sidering today, though, is not one of more oil and gas so we don’t have to ments right now. We are looking for those productive topics. get it from OPEC, so OPEC doesn’t get more. This is about breaking the grid- I hoped we would begin the 114th to dictate terms to American con- lock and getting the important work of Congress by showing the American peo- sumers and American businesses. And the country done. ple that Congress is putting the needs why don’t they get to dictate terms? It is the difference between the Presi- of hard-working American families Because we are producing more energy. dent giving a speech wherein he out- over those of powerful special inter- As we produce more energy and we get lines all of his initiatives—OK, every- ests, from job creation to charting a more energy from Canada, our closest body, do it my way—and then spends sustainable energy future for this friend and ally in the world, we become the second half of the speech talking country. We ought to be considering energy secure. That is more energy, about how if we do it his way, somehow legislation that supports the highway that is more jobs, that is economic that is a compromise—that is not the trust fund. That would create tens of growth, that is national security, and case. That versus a project he has thousands of jobs across the country. that is what the American people want. talked about vetoing.

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.026 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S315 Let’s take a look at whether this is a ments on climate change or all those the new technologies that develop that bipartisan project where people have other things. Everybody is entitled to energy more cost-effectively and more come together. their opinion and to advocate for what- efficiently, we get better environ- No. 1, it has been reviewed by the ad- ever they want to advocate for. But at mental stewardship. ministration for more than 6 years. the end of the day, we are going to New technologies produce better en- How long do we have to hold up private keep bringing them back to the facts vironmental stewardship. We are see- enterprise before we let them build the on this project. Those facts were laid ing that over and over. Take direc- vital energy infrastructure we need— out in not one but five reports, three tional drilling in my State of North infrastructure that will not only move draft environmental impact state- Dakota. We now drill down 2 miles off Canadian crude to our refineries but ments and two final impact statements one ECO-Pad. We can put as many as 16 will move light sweet Balkan crude done by the Obama administration’s wells on one ECO-Pad. We drill down 2 from my State and from Montana to Department of State. miles, and we go out 3 miles and more other refineries as well. So it is moving When we come down and people want in all different directions underground. domestic crude as well as Canadian to use different discussions and talk Whereas before we would have seen crude. If we can’t move it on this pipe- about their views on climate change wells all over the terrain, now we see line, it will be 1,400 railcars a day. How and all these other things, they can do one spot where there is a well for do we move our agriculture products that and we can vote on amendments miles, and it is producing for miles and other goods when we have that in regard to those things. They can around. kind of congestion on our railroads? come down and talk about their views Think how much you reduced that The whole point is that the President on whether oil should or shouldn’t be environmental footprint, right? It is talks about coming together on issues exported and all of those kinds of the same with carbon capture seques- that have broad bipartisan support. things. They can offer amendments on tration. People talk about clean coal Let’s think about it. We have broad bi- them, and that is the process. But at technology. They talk about carbon partisan support in the House. This bill the end of the day, we are going to capture sequestration. There are other has already passed the House. We went work to bring them back to the facts. fossil fuels such as oil and gas. The through cloture in this body with 63 The facts are this is the finding in the only way we are going to get to that is votes. The last time I checked, 63 votes Obama administration’s environmental by stimulating private investment and out of 100 is a pretty strong majority. impact statements—three draft state- encouraging not only the research and So we have bipartisan majority support ments and two final statements done development that creates those tech- in the Congress. over 5 years. The Keystone XL Pipeline nologies but actually getting them to Second, in the polling over the 6 will have no significant environmental deploy those technologies. That is ex- years that this project has been under impact according to the U.S. Depart- actly what is happening right now in review and under study, the public has ment of State environmental impact the oil sands up in the Province of Al- overwhelmingly supported it. They statements. berta. said: Yes, we want to be energy inde- There is one thing I want to add to Since 1990 the greenhouse gas foot- pendent in this country. We don’t want that. I talked about the fact that if we print of oil produced in the oil sands to get our oil from OPEC. We would don’t build a pipeline, if we are going has gone down 28 percent. Because of rather get it from Canada and produce to get the oil, it is going to have 1,400 better drilling techniques, because of it here at home, and we need the infra- railcars coming in here on a daily cogeneration, because of other proc- structure to move it around. So in the basis. The environmental impact state- esses that have been put in place, the polls, 65, 70 percent of the people con- ments point out that we get more greenhouse gas emissions on a per-bar- sistently said: Build it. Build it. greenhouse gas without the pipeline rel basis for the oil producing oil sands By the way, all six States on the than with it because without the pipe- has gone down by almost a third, 28 route, including Montana, South Da- line we are either going to move that percent. Right now major companies kota, Nebraska, Kansas, Oklahoma, by railcar or it is going to China. And are continuing not only to produce and Texas, have all approved it. It if it goes to China, it goes in tanker more oil in the oil sands but to find wasn’t as though they had to rush be- ships, and they produce more green- ways to reduce the greenhouse gas and cause they had 6 years to do it, but house gas. It is refined in Chinese refin- do what is called carbon capture and they have all approved it. Is the U.S. eries, and they have higher emissions sequestration—carbon capture and Federal Government the only entity than our refineries. And we still have storage. that can make a good decision around to bring our oil in from the Middle I will just touch on two of those for here? All of these States, their legisla- East. So now you have more green- a minute and then relinquish the floor tures, their Governors—they don’t house emissions from those tankers. to the good Senator from Vermont, be- know what they are doing? The only The environmental impact statement cause there is more that I will pick up one who can make a decision about itself points out that we have more on related to this environmental aspect whether this works or not is the ad- emissions without the pipeline than if as we debate this legislation, as well as ministration? we actually build it. this whole issue of making sure that What are we saying to our friends in I also want to take a minute to talk we get our country to energy security. Canada? They are our largest trading about the effort going on in Alberta for But let me just touch for a minute on partner in the world. Think about our carbon capture and sequestration. In two projects. Exxon is one of the com- relationship with Canada. What if the other words, one of the things I have panies that produces oil up in the oil situation were reversed and Canada always talked about in terms of build- sands region, and they are investing on wanted to work with us on a project of ing the right kind of energy plan for the order of $10 billion in that oil de- this importance to them and we said: this country is that instead of holding velopment and production. Their Kearl No, go work with China. up the investment, we empower the in- project, which is a huge part of it, will When we think about all of these vestment. If we empower private in- use cogeneration for steam and low-en- things, it brings home the reality. Peo- vestment, we not only produce more ergy extraction processes to recover oil ple can have their opinions on all kinds energy here at home and with our clos- and heat integration between the ex- of issues, but those are the facts as est ally in the world, we not only traction and the treatment facilities to they relate to this project. produce more energy, we not only get minimize energy consumption. As a re- So now I just want to take a few min- the infrastructure we need to move it— sult, oil produced from Kearl will have utes and reference a couple of specific now understand, I am talking about about the same life-cycle greenhouse things, both on the environmental as- private investment, just getting the gas emissions as many other crude oils pects that have been brought up and government out of the way and letting refined in the United States as a result then also on whether this oil will be ex- the private sector do what they do. If of technologies which significantly en- ported or used here at home. Again, we empower that investment, we not hance environmental performance. this is an open-amendment process. So only get the infrastructure we need to Other environmental innovations for people can come down and offer amend- move energy around, we not only get Kearl include onsite water storage to

VerDate Sep 11 2014 00:18 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.028 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S316 CONGRESSIONAL RECORD — SENATE January 21, 2015 eliminate river withdrawals and low- ergy production in the oil sands but community and you have a question, flow periods and progressive land rec- will help us in the United States and you would have to make an appeal to lamation which will return the land to technology that can be adopted in the DC Circuit. What that is saying is the boreal forest. other countries around the globe. that Congress believes that Wash- The plan is this. They are developing I yield the floor. ington knows best. Frankly, the people these new technologies so the environ- The PRESIDING OFFICER. The Sen- in my State of Vermont—and I suspect mental footprint is the same as con- ator from Vermont. in States across the country—would ventional drilling. That is what they Mr. LEAHY. I thank my friend from prefer to trust the courts in their are working to develop. How else are North Dakota for his usual courtesy States. we going to develop this technology to shown earlier. Unfortunately, I had a We ought to be showing the Amer- reduce the carbon footprint if we con- nose bleed, and I had to stop my ican people that Congress cares more tinue to block these investments? That speech. I think I am not used to the about the public process and the is what we have heard from opponents elevation—the altitude of the Senate— public’s access to their courts, than of the project is: Oh, well, gee, we don’t but after over 40 years I should be. about the wishes of foreign special in- want to have oil from Canada if it has I was saying earlier, I had hoped we terests. That is why I have offered an higher greenhouse gas emissions or a begin this 114th Congress by showing amendment that would strike the judi- higher environmental footprint. the American people that Congress is cial review provision and restore the Yet we pointed out that oil produced putting the needs of hard-working role of local federal district courts in in California, oil that produced in Ven- American families first. I wish we were reviewing challenges arising from the ezuela right now has the same level of considering legislation to support the Keystone Pipeline. carbon emissions, and we have huge Highway Trust Fund. That supports The majority leader promised an projects going on up here to actually tens of thousands of jobs around the open debate and open amendment proc- reduce greenhouse gas emissions and country in every one of our States. I ess. I appreciate that. I certainly have develop that technology that will not wish we were considering tax legisla- concerns about circumventing what only reduce the environmental foot- tion to bring investments to our small would be normal court procedure and print up here and reduce the green- local businesses and encouraging en- the President’s approval process, and I house gas emissions up here but tech- ergy efficiency in construction and in- want to be able to address that. But nology that we can use in the United vestment. I wish we were finding places more than that, I hope this debate can States and around the globe. to support the educational pursuits of be an open and honest conversation, That is how we get better environ- our children. I would like to maintain not about a pipeline that supports spe- mental stewardship, by developing our status as a premier leader on the cial interests but about the direction those technologies that help us do it. world stage. in which our country is moving on sus- And who better to accomplish it, who Instead, we are considering legisla- tainable energy, on job creation, and better than the ingenuity of American tion that puts Canadian tar sands— on issues as fundamental to all Ameri- companies and Americans—American which are intended for export, not to cans—Republicans or Democrats—as entrepreneurs. That is how we make it be used in the United States—as our who will have access to our courts. Will happen. So the reality is—another one priority. The pipeline will support 35 it just be special interests or will it be is the Quest project that Shell is un- permanent jobs—just 35—not hundreds, the American people? I prefer the dertaking. They are working right now not thousands—35. I would like to be American people. with the Provincial government in Al- considering legislation that creates I yield the floor. The PRESIDING OFFICER (Mrs. berta on carbon capture and storage. thousands of jobs. It is hard not to ERNST). The Senator from Louisiana. So the Province of Alberta actually has question whether the new Senate ma- Mr. VITTER. Madam President, I a program where they work with these jority is truly focused on the needs of have an amendment on this important companies on carbon capture and stor- hardworking Americans. bill at the desk, amendment No. 80. I age. This is a tremendous opportunity Some who support the legislation am not going to offer that amendment to develop those technologies we hear claim the pipeline is truly ‘‘shovel now because the minority side is block- talked about on this floor so often if we ready.’’ They claim the project has ing the offering and calling up of addi- are willing to work with these compa- been thoroughly studied and analyzed, tional amendments until we dispose of nies and allow them to make the in- and that the Administration sat for 6 those presently called up. I want to do vestments to do it. years with no decision on the permit. that right now. But hopefully, I will be My question to opponents or critics Even before the Nebraska Supreme doing that in the very near future. I to the project is: How in the world are Court recently released its decision on look forward to a full debate and a vote we going to develop these new tech- the location of this pipeline, the Re- on this amendment, probably in the nologies to improve environmental publican leadership said this should be next tranche of amendments on the stewardship if we block the very our priority even ahead of that deci- bill. projects that are trying to do it? sion. The decision did not clarify lin- My amendment is about energy. It is I see the Senator from Vermont is gering questions about the process. In about a very crucial part of the domes- here, and so I want to provide him with fact, the majority of the justices said tic policy, something I believe will ab- his time to introduce his amendment, the decision to circumvent the public solutely be a huge positive incentive as well as the Senator from Louisiana. process and block Nebraskans’ ability and factor to allow us to produce even I will stop at this point. We will con- to raise concerns about the pipeline more American energy, to become even tinue this debate, but I want to end on was unconstitutional. Four of the more energy independent, and to pro- this very important subject by saying, seven justices said that it is unconsti- vide an even greater boost to our econ- again, the environmental impact shows tutional under State law. But in their omy; that is, through revenue sharing, we will have higher greenhouse gases state procedure, you need a super- sharing the revenue produced by do- without this project versus with it. majority of 5 of the 7 justices to halt mestic energy production with the pro- Again, I understand people can come this project, so the landowners’ appeal ducing States. down and talk about their opinions, was rejected. That is fair for two reasons: one, be- but that is what the reports deter- What bothers me is not only that the cause those producing States do bear mine—five reports done over 6 years. majority opinion is being ignored in costs and burdens and impacts, includ- Furthermore, what I am pointing out Nebraska but that the legislation ap- ing environmental impacts, and, two, is that doesn’t even take into account proved last week by the House in con- providing that incentive is the most the kind of carbon capture and other sideration here would remove consider- important way we can boost even fur- projects that are being done in a huge ation of all appeals. You have to take ther important domestic energy pro- way up here to develop really the tech- them out of local Federal courts and duction. That energy production is nologies that are not only going to put them before the DC Circuit. In vital for our country and our economy. help us in terms of reducing emissions other words, if you are in a State In fact, we are not in recession right and the environmental impacts of en- where this pipeline goes through your now because of those U.S. energy jobs.

VerDate Sep 11 2014 02:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.029 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S317 If it were not for those oil and gas This is critical. I know my colleagues AMENDMENT NO. 58 and related jobs in America, we would from those States are all very sup- Mr. SCHATZ. Madam President, yes- still be in a technical recession right portive of that offshore energy activ- terday I offered an amendment to the now. Last night President Obama ity. So again, for Alaska, for the first Keystone XL bill which is really talked glowingly of the state of our time, Alaska would enjoy revenue shar- straightforward and will not affect the economy. I think he exaggerated that ing with the potential for significant underlying legislation. I do think it significantly. However, we would be in dollars from offshore production going has the potential to get strong bipar- a technical recession and we would be to Alaska. Now, one might ask: What tisan support. That is because my in a far different and worse place were about the Federal revenue impact? amendment states a simple set of it not for those domestic oil and gas What about the fiscal impact? This facts—that climate change is real and and energy jobs. That is what this amendment is fully offset in terms of humans are contributing to it. amendment would boost and would im- the Federal Treasury. It is fully offset This is an opportunity for people on prove even further. with revenue from two sources: No. 1, either side of the Keystone debate to Again, the heart of this amendment expedited and increased lease sales in agree on something; that is, the facts. is revenue sharing, establishing and ex- our OCS that will produce more Fed- It will inform, I think, what happens panding revenue sharing for producing eral revenue, and No. 2, trimming our next in energy policy. As intense as States. So rather than all the royalty Federal workforce by attrition, a pol- this debate over this pipeline is, the and revenue produced by this domestic icy laid out by the Simpson-Bowles real question in front of us, after we production just going to the Federal Commission—bipartisan, straight- dispose of this legislation and it goes Treasury, we need to share that. A lot forward, and exactly what we need to to the President’s desk for a certain will go to the Federal Treasury. Most do in a fiscally responsible way. veto, is that then we have to contend will go to the Federal Treasury. But we Now, on that piece, the legislation with our national energy policy. need to give producing States a fair would not fire anyone. It would simply We need to agree on the set of facts share. that everyone outside of this Congress Again, as I stated, that is for two rea- reduce the Federal workforce through attrition. For every three Federal agrees on. These claims require evi- sons—two very important, very basic dence, and my amendment provides reasons. First of all, those States bear workers who retire, only one could be hired. That is exactly what Simpson- those pieces of evidence. It cites the a burden. They have impacts from that final supplemental environmental im- production, including environmental Bowles proposed. Two exemptions exist to this rule that could be used by the pact statement prepared for the Key- impacts. They need funds to deal with stone Pipeline by the State Depart- those impacts. It is manageable and it President in a state of war or extraor- dinary emergency—again, exactly the ment, which says that ‘‘human activi- is worth doing, but there are impacts. ties . . . have added to the greenhouse Secondly, and maybe even more im- Simpson-Bowles proposal. gas accumulation and exacerbated the portantly, providing that revenue shar- This amendment is very important in greenhouse . . . effect, resulting in ing for producing States—host States— the area of energy and to be fair to pro- greater amounts of heat being trapped is the most important way that we will ducing States and to be a powerful in- in the atmosphere.’’ get more producing States, that we centive—the single most powerful in- Now, this is not controversial. It also will get more host States, that we will centive possible to get more producing states: ‘‘These climate change shifts have more American energy. So that is States, more American production into can . . . affect other processes and what this is all about. the act. That is vital for our energy My amendment, again, will be independence. It is also vital for our spark changes that cascade through amendment No. 80. I look forward to a economy. This amendment, No. 80, natural systems to affect ecosystems, vote on the Senate floor soon. It is sim- would be a big, positive boost over time societies, and human health.’’ Only in ple and straightforward. It does several for our economy. the halls of Congress is this a con- important things. First, it would expe- troversial piece of legislation. As I said, right now we would be in a This impact statement, in turn, cites dite Outer Continental Shelf lease recession still were it not for those sales and move forward with a positive the work of thousands of scientists who American energy jobs. That energy have contributed to reports by the OCS lease plan. By expediting leasing renaissance has led the way in our and opening up more areas to produc- IPCC, the National Research Council, economy. But for those jobs, we would and the U.S. Global Change Research tion, we can create jobs and further en- still be in a recession. This can make a hance and build our manufacturing Program. These independent fact- good thing better. This can provide finding bodies have conducted decades renaissance and our American energy more incentives to go further in a pow- revolution. of research on questions related to cli- erful, responsible way. It will also be a mate change. They have been subject In recognizing concerns for produc- responsible way on the environment. tion in the North Atlantic Planning to intense scrutiny both internally and Let me note that in Louisiana, you externally. Their work has held up to Area as well as the North Aleutian know what we do with our revenue Planning Area in Alaska, this proposal repeated concerns about impartiality sharing? We spend all of it on environ- excludes lease sales in those particular and accuracy. mental concerns, mostly coastal res- regions. Secondly, the bill would in- This scrutiny helps. It has forced toration. We are losing our coastline. crease revenue sharing for Gulf States, these organizations to improve their We are losing a football field of Lou- and it would establish revenue sharing methodology and be increasingly delib- isiana costal area every 38 minutes— for brand new production in other erate as they develop their findings and every 38 minutes, 24 hours a day, 7 days areas, such as Alaska and the east present the facts and only the facts. a week, 52 weeks a year. That is the coast. Human-caused climate change is ac- Again, revenue sharing is fair, and it biggest environmental issue we have by cepted by Fortune 500 companies, is the most powerful, positive thing we far. That is what this money goes to in school teachers, religious groups, and can do to get more States into the act Louisiana—proper environmental stew- the U.S. Department of Defense. It is in a positive way of producing Amer- ardship. accepted by nurses and doctors, profes- ican energy, helping our economy, and So with that, I urge bipartisan sup- sional sports leagues, the majority of helping our energy independence. So port of this important amendment. I other countries, more than 97 percent that would provide revenue sharing for look forward to formally calling it up of scientists, and many of my col- the first time for the Atlantic States of soon, after we vote on the pending leagues in the House and Senate. Virginia, North Carolina, and South amendments early this afternoon. I For most people, climate change ex- Carolina. It would provide that revenue look forward to a vote on this on the isting is not a controversial issue. Cer- sharing for the first time for new pro- Senate floor—hopefully, a strong bipar- tainly, the Keystone Pipeline is a con- duction we would be authorizing for tisan vote. troversial issue. Once we together set Alaska—a clear net gain for North I yield the floor. the premise of climate change facts, Carolina, Virginia, South Carolina, and The PRESIDING OFFICER. The Sen- there is plenty to argue about. What Alaska. ator from Hawaii. approach ought we take with respect to

VerDate Sep 11 2014 00:56 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.031 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S318 CONGRESSIONAL RECORD — SENATE January 21, 2015 solving this problem? Is a carbon tax majority of Americans already agree. When we look at medical issues such the right approach? Is the President’s It makes no presumptions about where as cancer or heart disease, what we do clean powerplant the right approach? we go from here. is look at the scientific communities Ought we to wait for or accelerate our I am hopeful that we will have a big and medical doctors for their opinions actions with respect to international bipartisan vote this afternoon on this as to how we should proceed. coalitions and agreements? amendment. I think there is an oppor- When we look at infrastructure Those are legitimate debates to have. tunity for common ground. issues, the issues of roads and bridges, But we have to agree on the facts. That Obviously, Keystone XL is dividing we look at engineers for their opinion is why a vote on my amendment is so not just this Congress but the Demo- as to how we should proceed. important. The Senate has before it a cratic conference, so I understand that. When we look at education and try to bill to approve a pipeline and an envi- But agreeing on the set of facts related understand how best kids can best ronmental impact statement touted by to climate change is a good predicate learn, we look at educators and those Keystone supporters as a comprehen- for all of us moving forward. people who know most about education sive, accurate document that impar- I yield the floor and I suggest the ab- for advice as to how we should proceed. In terms of the issue of climate tially assesses the environmental im- sence of a quorum. change, the process should not be any pacts of the pipeline. Within that im- The PRESIDING OFFICER. The different. The Intergovernmental Panel pact statement is a comprehensive re- clerk will call the roll. on Climate Change, the IPCC, is the view and an acknowledgment of the re- The bill clerk proceeded to call the leading scientific body that deals with ality of the facts of climate change. roll. the issue of climate change. I will very Many of my colleagues who support Mr. SANDERS. I ask unanimous con- briefly quote what the IPCC said last Keystone might be the same ones who sent that the order for the quorum call fall: question the reality of climate change, be rescinded. The PRESIDING OFFICER. Without Warming of the climate system is un- but I want to try to create a political equivocal as is now evident from observa- space where one can be for Keystone objection, it is so ordered. Mr. SANDERS. Madam President, I tions of increases in global average air and XL and still want action on the cli- ocean temperatures, widespread melting of mate. Now, I think Keystone XL is the rise today to speak on behalf of my snow and ice and rising global average sea wrong direction to move in. I think it amendment to the proposed Keystone level. is absolutely doubling down on fossil XL Pipeline bill. I thank Senators BEN- More than 97 percent of the scientific fuel energy and the tar sands oil. So I NET, CARPER, LEAHY, MENENDEZ, WAR- community in the United States and will be voting against Keystone. REN, and WHITEHOUSE for cosponsoring across the globe agrees with these find- But I understand there are people of this amendment. ings, including the American Chemical good faith and plenty of knowledge My amendment is extremely simple. Society, the American Association for 1 who are going to be supporting the It is about 1 ⁄2 pages, and I think it is the Advancement of Science, the pipeline. What we need to do after this easily understood by anyone who reads American Meteorological Society, and legislation is disposed of—and it will be it. It says: the American Geophysical Union, to relatively quickly—is agree on a set of It is the sense of Congress that Congress is name just a few. facts and move forward with intel- in agreement with the opinion of virtually In fact, at least 37 American sci- ligent, bipartisan climate policy. the entire worldwide scientific community entific organizations, 135 international that— Last week, we learned that 2014 was (1) climate change is real; scientific organizations and national the hottest year on record according to (2) climate change is caused by human ac- academies of science, and 21 medical two separate studies by our Nation’s tivities; associations, all agree that climate brightest scientists at NASA and (3) climate change has already caused dev- change is real and is significantly NOAA. That means that the 10 hottest astating problems in the United States and caused by human activities. years on record have all occurred since around the world; Madam President, I ask unanimous (4) a brief window of opportunity exists be- the year 2000. A warmer planet means consent to have printed in the RECORD fore the United States and the entire planet the names of 37 American scientific or- big changes in weather patterns, rising suffer irreparable harm; and sea levels, and increases in extreme (5) it is imperative that the United States ganizations, 135 international scientific weather events. transform its energy system away from fos- organizations and national academies, Sea level has been rising more than sil fuels and toward energy efficiency and and 21 medical associations which all twice as fast since 1990 as it did over sustainable energy as rapidly as possible. have gone on record as stating that cli- the previous century, nearly doubling That is it. That is the entire amend- mate change is real and is significantly the likelihood of storm surges such as ment. caused by human activity. the one we experienced during Hurri- What this amendment does is simply There being no objection, the mate- cane Sandy. Over the years, the issue ask the Members of the Senate whether rial was ordered to be printed in the of climate change has, unfortunately, they agree with the overwhelming ma- RECORD, as follows: become a partisan issue. It did not used jority of scientists who have told us Virtually every major scientific organiza- to be that way. It does not need to be over and over and over again that cli- tion in this country and throughout the mate change is real, that climate world have said that climate change is real, that way going forward. climate change is caused by carbon emis- We may not agree on the solutions, change is caused by human activity, sions and human activity, and that climate on the path forward or even on some of including the emission of carbon, that change is already causing devastating prob- the details, but I do believe it is time climate change is already causing dev- lems in the United States of America and for us to begin to agree on a basic set astating problems in the United States around the world. of facts. The purpose of my amendment and around the world, and that if we This list includes at least: 37 American sci- is to take a step back, to take a deep are going to leave our children and our entific organizations, 135 international sci- entific organizations, 21 medical associa- breath on a very contentious issue, and grandchildren a planet that is habit- tions, 4 religious organizations. to give the Senate an opportunity to able, we must transform our energy 37 AMERICAN SCIENTIFIC ORGANIZATIONS come together and state with no value system away from fossil fuels. American Anthropological Association, judgment that we accept the work of Progressives, conservatives, and peo- American Association for the Advancement thousands of the world’s brightest and ple in between have many disagree- of Science, American Association of most dedicated scientists, including ments on issues—and that is called de- Geographers, American Association of State those working at U.S. agencies and for mocracy. There is nothing to be Climatologists, American Astronomical So- U.S. companies; that we accept the re- ashamed about that; that is the demo- ciety, American Chemical Society, American ality our farmers, our fisherman, and cratic process. We all have differences Fisheries Society, American Geophysical our families see with the every passing of opinion. But what is not a good Union, American Institute of Biological Sciences, American Institute of Physics, season. thing is when we make public policy in American Meteorological Society, American I urge all of my colleagues to vote for contradiction to what the scientific Physical Society, American Quaternary As- this amendment. It is an opportunity community tells us. That is not a good sociation, American Society for Microbi- to restate a set of facts with which a thing. ology, American Society of Agronomy,

VerDate Sep 11 2014 00:56 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.032 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S319 American Society of Plant Biologists, Amer- nology, Institution of Mechanical Engineers, Health, World Federation of Public Health ican Statistical Association, Association of UK, InterAcademy Council, International Al- Associations, World Health Organization. American Geographers, Association of Eco- liance of Research Universities, Inter- 4 RELIGIOUS ORGANIZATIONS system Research Centers, Botanical Society national Arctic Science Committee, Inter- of America. national Association for Great Lakes Re- Interfaith Power and Light, National Asso- California Academy of Sciences, Crop search, International Council for Science, ciation of Evangelicals, Presbyterian Mis- Science Society of America, Ecological Soci- International Council of Academies of Engi- sion Agency, The Pope. ety of America, National Academy of Engi- neering and Technological Sciences, Inter- OTHER ORGANIZATIONS neering, National Academy of Sciences national Research Institute for Climate and American Association for Wildlife Veteri- (USA), National Association of State For- Society, International Union for Quaternary narians, American Society of Civil Engi- esters, New York Academy of Sciences, Research, International Union of Geodesy neers, International Association for Great Scripps Institution of Oceanography, Society and Geophysics, International Union of Pure Lakes Research, Institute of Professional for Industrial and Applied Mathematics, So- and Applied Physics, Islamic World Academy Engineers New Zealand, Natural Science Col- ciety of American Foresters, Society of Sys- of Sciences, Israel Academy of Sciences and lections Alliance, Organization of Biological tematic Biologists, Soil Science Society of Humanities. America, The Geological Society of America, Kenya National Academy of Sciences, Ko- Field Stations, The Institution of Engineers The Wildlife Society, United States National rean Academy of Science and Technology, Australia, The World Federation of Engi- Research Council, University Corporation for Kosovo Academy of Sciences and Arts, Latin neering Organizations, World Forestry Con- Atmospheric Research, Woods Hole Oceano- American Academy of Sciences, Latvian gress. graphic Institution. Academy of Sciences, Lithuanian Academy Mr. SANDERS. I know that recently 135 INTERNATIONAL SCIENTIFIC ASSOCIATIONS of Sciences, Madagascar National Academy a number of my colleagues have made Academia Brasiliera de Cieˆncias (Brazil), of Arts, Letters, and Sciences, Mauritius the point that they are not scientists Academia Chilena de Ciencias (Chile), Aca- Academy of Science and Technology, Mon- and they cannot formulate an opinion tenegrin Academy of Sciences and Arts, Na- demia das Ciencias de Lisboa (Portugal), on this subject. Well, let me be clear: I Academia de Ciencias de la Repu´ blica tional Academy of Exact, Physical and Nat- ural Sciences, Argentina, National Academy am not a scientist. I had a lot of prob- Dominicana, Academia de Ciencias Fı´sicas, lems with physics when I was in col- Matema´ ticas y Naturales de Venezuela, Aca- of Sciences of Armenia, National Academy of demia de Ciencias Medicas, Fisicas y Sciences of the Kyrgyz Republic, National lege. I am not a scientist. Naturales de Guatemala, Academia Academy of Sciences, Sri Lanka, National But these are scientists. These are 37 Mexicana de Ciencias, Academia Nacional de Council of Engineers Australia, National In- American scientific organizations and Ciencias de Bolivia, Academia Nacional de stitute of Water & Atmospheric Research, 135 international scientific organiza- Ciencias del Peru, Academia Sinica, Taiwan, New Zealand, Natural Environment Research Council, UK, Nicaraguan Academy of tions. These are scientists who tell us China, Acade´mie des Sciences et Techniques that climate change is real, it is caused ´ ´ ˆ Sciences, Nigerian Academy of Science, Nor- du Senegal, Academie des Sciences (France), by human activity, and that it is im- Academy of Athens, Academy of Science for wegian Academy of Sciences and Letters, Or- South Africa, Academy of Science of Mozam- ganization of Biological Field Stations. perative we transform our energy sys- Pakistan Academy of Sciences, Palestine bique, Academy of Sciences Malaysia, Acad- tem away from fossil fuel. Academy for Science and Technology, Polish emy of Sciences of Moldova. I will read an excerpt from a letter Academy of the Sciences, Romanian Acad- Academy of Sciences of the Czech Repub- sent to the Senate in 2009 signed by vir- lic, Academy of Sciences of the Islamic Re- emy, Royal Academies for Science and the Arts of Belgium (Belgium), Royal Academy tually every major scientific organiza- public of Iran, Academy of Scientific Re- tion in this country: search and Technology, Egypt, Accademia of Exact, Physical and Natural Sciences of dei Lincei (Italy), Africa Centre for Climate Spain, Royal Astronomical Society, UK, Observations throughout the world make and Earth Systems Science, African Acad- Royal Danish Academy of Sciences and Let- it clear that climate change is occurring, emy of Sciences, Albanian Academy of ters, Royal Irish Academy, Royal Meteoro- and rigorous scientific research dem- Sciences, Amazon Environmental Research logical Society, Royal Netherlands Academy onstrates that the greenhouse gases emitted Institute, Australian Academy of Science of Arts and Sciences, Royal Netherlands In- by human activities are the primary driver. (Australia), Australian Coral Reef Society, stitute for Sea Research, Royal Scientific These conclusions are based on multiple Australian Institute of Marine Science, Aus- Society of Jordan, Royal Society of Canada, independent lines of evidence, and contrary tralian Institute of Physics, Australian Ma- Royal Society of Chemistry, UK, Royal Soci- assertions are inconsistent with an objective rine Sciences Association, Australian Mete- ety of New Zealand, Royal Society, UK, assessment of the vast body of peer reviewed orological and Oceanographic Society, Ban- Royal Swedish Academy of Sciences, Russian science. Moreover, there is strong evidence gladesh Academy of Sciences, Botanical So- Academy of Sciences, Science Council of that ongoing climate change will have broad ciety of America, British Antarctic Survey, Japan. impacts on society, including the global Serbian Academy of Sciences and Arts, Bulgarian Academy of Sciences, Cameroon economy and on the environment. For the Slovak Academy of Sciences, Slovenian Academy of Sciences, Canadian Association United States, climate change impacts in- Academy of Sciences and Arts, Society of Bi- of Physicists, Canadian Foundation for Cli- clude sea level rise for coastal states, greater ology, UK, Society of Systematic Biologists, mate and Atmospheric Sciences, Canadian threats of extreme weather events, and in- Sudanese National Academy of Science, Tan- Geophysical Union, Canadian Meteorological crease risk of regional water scarcity, urban zania Academy of Sciences, The Geological and Oceanographic Society. heat waves, western wildfires, and a disturb- Canadian Society of Soil Science, Cana- Society (UK), The World Academy of ance of biological systems throughout the dian Society of Zoologists, Caribbean Acad- Sciences (TWAS) for the developing world, country. The severity of climate change im- emy of Sciences, Center for International Turkish Academy of Sciences, Uganda Na- pacts is expected to increase substantially in Forestry Research, Chinese Academy of the tional Academy of Sciences, Union der the coming decades. Sciences, Colombian Academy of Exact, Deutschen Akademien der Wissenschaften, World Meteorological Association, Zambia Once again, I am not a scientist, but Physical and Natural Sciences, Common- that is what the scientific community wealth Scientific and Industrial Research Academy of Sciences, Zimbabwe Academy of Organisation (Australia), Croatian Academy Sciences Sudan National Academy of overwhelmingly in the United States of Arts and Sciences, Cuban Academy of Sciences. and around the world is saying. It is Sciences, Delegation of the Finnish Acad- 21 MEDICAL ASSOCIATIONS imperative the Senate goes on record emies of Science and Letters, Deustche American Academy of Pediatrics, Amer- in saying we agree with science. Akademie der Naturforscher Leopoldina ican College of Occupational and Environ- Climate change is one of the great (Germany), Ecological Society of Australia, mental Medicine, American College of Pre- threats facing our country and the en- European Academy of Sciences and Arts, Eu- ventive Medicine, American Lung Associa- tire planet. It has the capability of ropean Federation of Geologists, European tion, American Medical Association, Amer- Geosciences Union, European Physical Soci- ican Nurses Association, American Public causing severe harm to our economy, ety, European Science Foundation, Federa- Health Association, American Thoracic Soci- to our food supply, to access to water, tion of Australian Scientific and Techno- ety, Association of State and Territorial and to national security. logical Societies. Health Officials, Australian Medical Associa- According to NASA and NOAA, 2014 Geological Society of Australia, Geological tion, Children’s Environmental Health Net- was the warmest year ever recorded. Society of London, Georgian Academy of work, Health Care without Harm, Hepatitis The most recent decade was the Na- Sciences, Ghana Academy of Arts and Foundation International, National Associa- tion’s warmest on record. Across the Sciences, Indian National Science Academy, tion of County and City Health Officials, Na- Indonesian Academy of the Sciences, Insti- tional Association of Local Boards of Health, globe, the 10 warmest years on record tute of Biology (UK), Institute of Ecology National Environmental Health Association, have all occurred since 1997. We know and Environmental Management, Institute Partnership for Prevention, Physicians for that the Earth’s climate is warming of Marine Engineering, Science and Tech- Social Responsibility, Trust for America’s and doing so quickly.

VerDate Sep 11 2014 00:56 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.001 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S320 CONGRESSIONAL RECORD — SENATE January 21, 2015 According to NOAA, October, August, in the United States by the end of this entific community? No, I don’t think June, and May were the hottest Octo- century. Take a deep breath and imag- so. Are we going to be passing a bill in- ber, August, June, and May months ine what it will mean to this country— vesting in research and development so ever recorded. the huge impact on every aspect of our that we can make our transportation The consequences of this rapid and life, on our economy, on agriculture, system more energy efficient? Is that dramatic rise in global temperatures on health—if the temperature of the what we are going to be voting on? No, will have a profound impact on billions United States rises, as some are pre- we are not. In fact, what we are going of people throughout the world. What dicting, by 10 degrees Fahrenheit by to be voting on is a bill that will allow we can expect are more severe weather the end of the century. It is almost un- for an increase in the production and disturbances, more flooding, more heat thinkable. Yet that is what the sci- transportation of some of the dirtiest waves, more droughts, more forest entific community is telling us. oil on this planet. That is what we are fires, and saltwater inundation of The World Bank is by no means a going to be voting on. What we are vot- water supplies and agricultural land. radical institution. It is a very con- ing on is a proposal that moves us in As the New York Times reported in servative institution. It tells us that exactly the opposite direction from August, droughts in the Western and temperature increases by even just 7.2 what the scientific community wants Southwestern United States appear to degrees Fahrenheit would bring about us to do. be intensifying as a result of climate unprecedented heat waves, severe Let me conclude by saying this: Hon- change: drought, and major floods in many re- est people can and do have disagree- Over the past decade, droughts in some re- gions, with serious impacts on human ments on many issues, but it is not a gions have rivaled the epic dry spells of the systems, ecosystems, and associated good thing for the United States to re- 1930s and 1950s . . . The country is in the services. ject what the scientists and the experts midst of one of its most sustained periods of The IPCC reports that sea levels are are telling us. That is not a good thing. increasing drought on record. likely to rise by another 10 to 32 inches So I hope very much that on the China’s heat wave 11⁄2 years ago was by the end of this century. As the New amendment I have brought forth— the worst in at least 140 years. As York Times reported, a sea level rise of which says nothing more than to listen ClimateWire reported in November, the less than 4 feet—less than 4 feet—would to the scientists on this important Sao Paulo region in Brazil is suffering inundate land on which some 3.7 mil- issue; do not reject science—that we from its worst drought in 80 years. In lion Americans live today. We are talk- can get widespread bipartisan support the United States, fire suppression ing about Miami, New Orleans, New for the amendment. costs have increased from roughly $1 York City, and Boston all being highly With that, I yield the floor. billion annually in the mid-1990s to an vulnerable to rising sea levels. Simi- The PRESIDING OFFICER. The Sen- average of more than $3 billion in the larly, of course, this problem will im- ator from Utah. past 5 years. pact people all over the world. AMENDMENT NO. 33 Our oceans are not only getting According to the IPCC: Mr. LEE. Madam President, excessive warmer, they are also becoming more Many small island nations are only a few litigation under the Endangered Spe- acidic, threatening fish, coral reefs, meters above present sea level. These states cies Act has become an obstacle to the and other sea life. As a study published may face serious threat of permanent inun- act itself and the good it promises to in the journal Science reported, carbon dation from sea-level rise. Among the most do for the American people. dioxide emissions in the atmosphere vulnerable of these island states are the Mar- According to the Department of Jus- are driving a rate of change in ocean shall Islands, Kiribati, Tuvalu, Tonga, the tice, more than 500 Endangered Species acidity that is already thought to be Federated States of Micronesia, and the Act-related lawsuits have been filed or faster than any time in the past 50 mil- Cook Islands. opened against the Federal Govern- lion years. The authors warned that we The Army Corps of Engineers has ment since 2009. As a result, Federal may be ‘‘entering an unknown terri- predicted that the entire village of agencies have to spend their time, tory of marine ecosystem change.’’ Newtok, AK, could be underwater by their energy, and taxpayer-funded re- Extreme storms, weather disturb- 2017 and that more than 180 additional sources fighting lawsuits instead of ances, are also becoming more common Native Alaskan villages are at risk. protecting endangered species. and more intense with extraordinary Parts of Alaska—one of our great and One of the primary reasons for this impacts. When Typhoon Haiyan struck beautiful States—are already vanishing excessive litigation is the potential for the Philippines over 1 year ago, it dis- as a result of climate change. massive awards of attorney’s fees placed more than 4.1 million people, The evidence is overwhelming, and it under section 11(g)4 of the Endangered killed thousands, and cost that country is no longer good enough for people to Species Act. These awards can be at least $15 million in damages. say: I am not a scientist; I don’t know. granted regardless of whether the par- The situation clearly is bad today in We may not be scientists, but we can ties seeking the attorney’s fee award the United States and around the read and we can listen to what the prevails, and there is no limit on the world, but—according to the scientific overwhelming majority of scientists hourly fee that can be collected. These community—if we do not get our act are telling us. That is our job—to lis- attorney’s fees can reach upward of together, if we do not cut carbon emis- ten to the experts who know something $700 per hour. In one case involving a sions, it will only get worse in years to about this issue. series of lawsuits related to the oper- come. As we debate the Keystone Pipeline, ation of hydroelectric power facilities The IPCC estimates—and I hope peo- what disturbs me very much is that in in the Northwestern United States, at- ple listen to this—that without any ad- the face of this overwhelming evidence torney’s fees were awarded in an ditional efforts to reduce greenhouse from the scientific community, in the amount totaling nearly $2 million—in gas emissions—in other words, if we face of deep concerns about climate one case lasting just a few years. Such continue to go along our merry old way change all over the world, what is the lofty levels of compensation would be of dependency on fossil fuels—‘‘warm- Senate going to be doing in the next high even in a private law firm setting, ing is more likely than not’’ to exceed week or two as part of the Keystone even in a big city, but they are com- 4 degrees Celsius, which is 7.2 degrees Pipeline? Are we going to be voting to pletely indefensible when one considers Fahrenheit, by the end of the century. impose a tax on carbon so we can break they are paid for by American tax- Let me repeat that extraordinary ob- our dependence on fossil fuel? Is that payers, often to well-funded activist or- servation. If we continue along our what we are going to be voting on? No, ganizations. present course, ‘‘warming is more like- I don’t think so. Are we going to be Excessive awards of attorney’s fees ly than not’’ to exceed 7.2 degrees voting to pass legislation that moves also create perverse incentives for cot- Fahrenheit by the end of the century. us aggressively toward energy effi- tage industries of lawyers to sue the Similarly, just last year the White ciency and weatherization and such Federal Government in order to ad- House released the National Climate sustainable energies as wind, solar, and vance specific policies—policies that Assessment warning that global warm- geothermal? Is that what we are going cannot be achieved through the legisla- ing could exceed 10 degrees Fahrenheit to be voting on as we listen to the sci- tive process and are therefore sought

VerDate Sep 11 2014 04:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.035 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S321 out by these very same lawyers in the in morning business for up to 15 min- One in five providers of home care courts. This is what many call a sue- utes. and hospice services will actually have and-settle strategy: Sue the Federal The PRESIDING OFFICER. Without to close their doors. Think of the im- Government and then settle with the objection, it is so ordered. pact closing one in five home care and Federal Government. Achieve what you Ms. COLLINS. Before I begin my hospice agencies would have on Amer- want to achieve and then get paid by comments, let me commend the Pre- ica’s seniors and our disabled citizens. the court without limit. Sue-and-settle siding Officer on her excellent presen- In my view, taking action to spare this is the dishonest, distorted practice of tation last night. The Presiding Officer vulnerable population would, by itself, suing the Federal Government not to did an extraordinary job and made all justify restoring the threshold for full- achieve a judicial outcome in court but of us very proud. time work to the standard 40 hours a to resolve the suit in a settlement with FORTY HOURS IS FULL TIME ACT week. terms that advance narrow political Ms. COLLINS. Madam President, 2 But this is not the only reason to do ends, narrow political goals. The recent weeks ago Senator JOE DONNELLY and I so. Reforming the law would also help decision by the Fish and Wildlife Serv- reintroduced bipartisan legislation protect the caregivers who provide the ice to grant Gunnison sage-grouse pro- that we call the Forty Hours is Full services as well as their patients, and tected status under the Endangered Time Act. It would correct a serious ironically it would protect taxpayers Species Act is the result of this precise flaw in the Affordable Care Act that as well. Data from Maine’s Medicaid sue-and-settle strategy. threatens the hours and pay of part- Program shows that home care services Congress must put an end to policy- time workers all across America. Our are extremely cost-effective compared making by litigation, and it must do so bill would change the definition of to alternatives. If access to these serv- by removing the incentives to engage ‘‘full-time’’ work under ObamaCare ices is restricted because of the appli- in this kind of litigation. My amend- from 30 hours a week to the standard 40 cation of the 30-hour rule, those in ment would do just that by bringing a hours a week, a commonsense thresh- need of these services will be forced citizen’s suit provision of the Endan- old that has always been the standard into costlier forms of care paid for by gered Species Act into harmony with a for full-time work. In fact, under the Medicaid and Medicare, such as hos- similar provision of the Equal Access Fair Labor Standards Act, it is 40 pitals and nursing homes, driving up to Justice Act. The Equal Access to hours a week that defines ‘‘full time,’’ both Federal and State costs. In addi- Justice Act limits awards for attor- after which workers are eligible in tion, the patients now served by home ney’s fees to $125 per hour and allows many cases for overtime. health care providers would no longer those awards to be granted only to pre- Information I received from the be able to receive vital care in the vailing parties. Any departure from Home Care & Hospice Alliance of comfort, privacy, and security of their this limit has to be approved by the Maine demonstrates that this illogical own homes. judge based on some unique cir- definition of ‘‘full-time’’ work could re- So whether we look at it from the cumstance in that case. If such terms sult in hundreds of home health care perspective of the patients served or are acceptable for nearly every other workers losing their jobs and 1,000 sen- the caregivers employed or the tax- type of lawsuit against the Federal iors losing access to home care services payers who pay for the Medicare and Government, certainly they should be in the State of Maine alone. Medicaid Programs, this hurts all three acceptable as applied to the Endan- The impact would be just as severe groups. Of course, there is obviously a gered Species Act. This simple fix outside of Maine, a point driven home lot of overlap among those groups. would deter the frivolous lawsuits that by a letter I recently received from the I ask unanimous consent to have so often end up in closed-door settle- National Association for Home Care & printed in the RECORD, immediately ments with Federal agencies. Hospice, an organization that rep- following my remarks, an excellent let- There is a lot of work to do to reform resents caregivers who provide in-home ter from the National Association for the implementation of the Endangered health and hospice services to chron- Home Care & Hospice which elaborates Species Act. This amendment is just ically ill, disabled, and dying Ameri- on the problems created by this defini- one of many reforms I am developing cans. The association just conducted a tion under ObamaCare. with my colleagues in the Senate and survey of its members that reveals the Of course, the justification for using our counterparts in the House of Rep- devastating impact this definition will the standard definition of full-time resentatives. have on home care and hospice services work extends far beyond the field of I ask for support on this amendment. around the country if Congress does home care services to the full breadth Again, this is something that just not act to change it. Let me share with of our economy. Raising the threshold brings into harmony section 11(g)4 of my colleagues just a few of the key for full-time work to 40 hours a week is the Endangered Species Act with re- findings of this survey. necessary not only to protect the pay- quirements that are already in exist- Nationally, four out of five home checks of workers employed by private ence, already on the books in connec- care and hospice providers are unable sector businesses, such as restaurants tion with the Equal Access to Justice to provide health benefits to their em- and hotel staff, but also to protect Act. We need those same limitations in ployees because they rely on govern- those who work in the public sector, this Endangered Species Act that al- ment programs such as Medicaid, with such as substitute teachers, ed techs, ready exist in the Equal Access to Jus- its low reimbursement levels, and be- and schoolbus drivers, to name just a tice Act. I ask all my colleagues to cause they provide services to people few. support this amendment and to help us with limited incomes. The 30-hour rule will not only harm resolve this problem that has crept So it is not as if they can simply school staff who want and need more into Federal law based on an inequity boost their rates. In many cases their work, but it will also hurt our students and imbalance in these two statutory rates are set by Medicaid and at a very by causing unnecessary disruption in regimes. low level. In other cases they are serv- the classroom. It does not make sense Madam President, I yield the floor, ing people with limited incomes who to have to limit substitute teachers to and I suggest the absence of a quorum. simply cannot afford more expensive 29 hours a week because of the defini- The PRESIDING OFFICER. The home care. tion of ‘‘full-time’’ work under clerk will call the roll. Another finding: Three out of four ObamaCare. That means there will be a The bill clerk proceeded to call the providers will have to cut the hours of revolving door of substitutes in our roll. their caregivers. That means those classrooms and lower paychecks once Ms. COLLINS. Madam President, I caregivers who are engaged in such again for those substitute teachers. ask unanimous consent that the order compassionate and skilled work will I have also heard of a school district for the quorum call be rescinded. have smaller paychecks on which to that has been forced to cut field trips The PRESIDING OFFICER. Without live. and transportation to athletic events objection, it is so ordered. Nine out of ten providers expect pa- and employees who used to work more Ms. COLLINS. I ask unanimous con- tients to lose access to home care in than 30 hours total in two jobs who sent that I be permitted to proceed as their communities. have been forced to give up one of their

VerDate Sep 11 2014 00:56 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.037 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S322 CONGRESSIONAL RECORD — SENATE January 21, 2015 jobs, thus hurting their financial secu- For example, one town in central NATIONAL ASSOCIATION rity. Maine told me that a number of its em- FOR HOME CARE & HOSPICE, Several Maine municipalities have ployees work full time in its parks and Washington, DC, January 6, 2014. described to me the impact on their recreations department in the summer, Hon. SUSAN COLLINS, workers, particularly volunteer and U.S. Senate, and then they work part time in the Washington, DC. oncall firefighters, emergency medical winter. Because of the 30-hour rule, Hon. JOE DONNELLY, technicians, and employees of the however, this town won’t be able to U.S. Senate, parks and recreation and public works stagger the schedules of these employ- Washington, DC. departments. ees in the winter the way it used to and DEAR SENATORS COLLINS AND DONNELLY: I Although the IRS adopted regula- will have to lay them off instead and am writing to offer our support for the tions last year in an attempt to ex- then, adding insult to injury, pay them ‘‘Forty Hours Is Full Time Act.’’ The Na- tional Association for Home Care & Hospice clude volunteer firefighters from the unemployment during the layoff pe- calculation of the employer mandate, (NAHC) is the leading association rep- riod. So here we have a case where the resenting the interests of the home care and these regulations do not give our towns law is actually going to force the town and cities the level of protection pro- hospice community since 1982. to lay off part-time employees who Currently the provision in the Affordable vided by the Forty Hours is Full Time want to work. This makes no sense. Care Act (ACA) that imposes penalties on Act. Part-time workers who are hired to employers with more than 50 full-time equiv- In most Maine communities, the fire help with snow removal are often shift- alent employees for not providing health in- department is staffed by volunteers ed to other departments in the spring surance for their ‘‘full time’’ workers defines and oncall firefighters who typically an employee working just 30 hours a week as have health care coverage through and summer months to assist full-time full time. This definition of full time is en- their regular day jobs. In fact, in employees or to take their place when tirely out-of-keeping with standard employ- Maine, oncall firefighters for our they are on vacation. But the 30-hour ment practices and could cause irreparable smaller communities often serve as rule once again takes away the flexi- harm to many home care agencies and the full-time firefighters—receiving full bility towns need to do this. patients they serve. For example, one town in northern The great majority of the estimated 25,000 health care benefits—in a neighboring home care agencies are small businesses community. They help the smaller Maine has told me that the part-time workers it has relied upon to help under the standards of the Small Business towns by serving as on-call firefighters. Administration, but most are considered Unfortunately, under ObamaCare it cover vacation time for its firefighters ‘‘large employers’’ subject to the employer doesn’t matter that these on-call fire- in the summer months will have to be mandate under the ACA because of the num- fighters already have health care cov- cut back to 29 hours a week because ber of workers they employ. All told, there erage; the towns that employ them for the town cannot afford to pay the $2,000 are over 2 million persons employed in home more than 30 hours a week may still penalty it will face for each employee care. These home care agencies are innova- if they work their usual hours. Raising tive job creators that provide much needed face the $2,000 penalty per on-call fire- compassionate, high quality care to elderly fighter for doing so. This makes no the threshold for full-time work to 40 hours a week would restore the flexi- and disabled individuals in their homes and sense whatsoever. communities. For example, one town in southern bility this town needs to manage its The majority of personal care home care Maine has told me that the 30-hour workforce, give these part-time work- workers do not receive employee health in- rule will require it to offer health care ers more hours and the bigger pay- surance because home care agencies have coverage to more than a dozen volun- checks they need, and help full-time three problems that are fairly unique: reli- teer and on-call firefighters who do not firefighters get a break after a long, ance on government programs such as Med- tough winter. icaid where payment rates as low as $11 an qualify for coverage from the town hour won’t cover the increased costs of pro- today. The cost of doing so will drive Mr. President, I ask unanimous con- sent that I be permitted to proceed for viding health insurance; consumers of pri- up that town’s health care budget by 20 vate pay home care who are often elderly percent at a time when its budget is al- 1 more minute. and disabled with fixed, low incomes; and a ready stretched to the breaking point. The PRESIDING OFFICER (Mr. SUL- home care workforce with widely varying Another Maine community has em- LIVAN). Without objection, it is so or- work hours primarily to accommodate the ployees who work part time but year- dered needs of their infirm clientele. round performing various tasks, in- Ms. COLLINS. Thank you, Mr. Presi- Home care agencies that are unable to pro- cluding plowing and salting the roads dent. vide health insurance or absorb the ACA pen- Today I have described just some of alties will have to restrict their employees in the winter. These employees typi- to no more than 29 hours per week to ensure cally work 30 to 34 hours a week, and the damage the 30-hour rule is doing to municipal employees, to providers of their workers are considered part-time under they do not qualify for health benefits the ACA. A survey that NAHC concluded in under the town’s plan. Since the town home health care and hospice services, December 2014 showed that the employer cannot afford to add them to its health and to those who work in our school mandate would weaken patient access to care plan, it simply will have no choice systems. Nationwide, 100 school sys- care, reduce wages and working hours of but to cut their hours back to 29 hours tems have had to scale back the hours home care staff, and require home care com- a week. The town doesn’t want to do of their workers already. Employees in panies to restructure their operations to rely that. The workers don’t want to have all industries—for-profit and non-prof- on part-time caregivers. Home care compa- nies that primarily provide Medicaid serv- their hours cut. As anyone who has it, private sector and public sector—are similarly affected. ices and those that service private pay per- lived in Maine or any Northern State sonal care clients were most susceptible to can tell you, snowstorms do not keep Regardless of the varying views of these adverse outcomes as Medicaid funding to a schedule. Mother Nature seems Senators in this Chamber on the Af- is already stretched and seniors on limited not to have heard about the 30-hour fordable Care Act, surely we ought to incomes are unable to spend more on home workweek under ObamaCare. So it will be able to agree to fix this problem in care. be a challenge for this town to keep its the law that is hurting workers’ pay- Our survey showed: roads safe, clear, and passable in the checks and creating chaos for employ- 1. 82.54% of home care and hospice compa- nies do not provide health insurance to all of ers. Senator DONNELLY has introduced winter while making sure its part-time their employees because of reliance on gov- employees don’t exceed 29 hours a bipartisan legislation with Senator JOE ernment program payments and service to week. So, once again, what is the re- MANCHIN and Senator LISA MURKOWSKI individuals with limited incomes sult? Reduced hours, a smaller pay- that would do just that. It is the Forty 2. 46.2% of those companies face a financial check for part-time workers, and more Hours is Full Time Act, and I urge all penalty under the employer mandate ranging costs for the town and more disruption of my colleagues to join us in sup- as high as $4.5 million in the services it provides. porting it. 3. 73.3% of the companies would reduce the Winters are long in Maine and sum- Thank you, Mr. President. I yield the working hours of employees to under 30 per week in order to avoid the cost of health in- mers are short. Towns have to manage floor. surance or financial penalties that they can- their workers’ schedules to match the There being no objection, the mate- not afford season, but the 30-hour rule will make rial was ordered to be printed in the 4. 22.16% of the businesses expect to close it very difficult for them to do so. RECORD, as follows: because of the financial penalties

VerDate Sep 11 2014 00:56 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.039 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S323 5. 83.2% of the companies expect that ac- First of all, I want to make it very ural disasters in recent years, from cess to home care in their community would clear that I strongly oppose the Key- blizzards, to hurricanes, to raging fires, be reduced with fewer providers of care, more stone XL Pipeline plan. I have serious to endless droughts. When we pick up restrictive patient admission criteria to fit a concern about the effects this project the pieces after a major storm, we part-time workforce, and restrictions on service areas. would have on our health and safety; I want to make sure that when we re- 6. 88.46% expect that access to Medicaid have serious concerns about the envi- build, we rebuild in the smartest way home care will no longer be sufficient to ronmental impact; and I am skeptical possible, and that includes not only meet client’s needs of the real, permanent jobs it could protections against the next disaster Home care agencies are an essential part of create. but also proactive measures to save en- the network of services that our growing This project has many risks and very ergy, reduce emissions, and lower population of elderly and persons with dis- few advantages, and I will be voting abilities rely on. The last thing we need is an costs. obstacle to helping them grow and create against it. But if this legislation does As I said, I don’t support the con- much needed jobs. Simple common sense so- pass the Senate, we should at least try struction of the Keystone XL Pipeline, lutions are often the best answers to com- to make it a better bill. There is no ex- but if this new Congress is intent on plex problems. As far as most people are con- cuse why we cannot turn the Keystone sending this bill to the President, then cerned 40 hours a week equates with full XL Pipeline Act into an opportunity to we need to make sure the bill keeps our time employment. protect our clean drinking water and drinking water safe, holds companies Thank you for offering this important leg- ensure that polluters have to pay to accountable for their own messes, and islation. Sincerely, clean up their own messes. encourages efficiency in our economy. VAL J. HALAMANDARIS, First, I have offered amendment No. Thank you, Mr. President. President, National Association 48, which would remove the Halli- I yield the floor and suggest the ab- for Home Care & Hospice. burton loophole from the Safe Drink- sence of a quorum. ing Water Act and finally require gas The PRESIDING OFFICER. The DECEMBER 19, 2014. storage and gas drilling companies to clerk will call the roll. Hon. COLLINS, comply with our clean water laws. The bill clerk proceeded to call the U.S. Senate, Every other industry has to do it. Our roll. Washington, DC. farmers have to do it. Construction Mr. BENNET. Mr. President, I ask DEAR SENATOR COLLINS: On behalf of unanimous consent that the order for AASA: The School Superintendents Associa- companies have to do it. Yet our gas tion, the Association of Educational Service companies have been exempt for years. the quorum call be rescinded. Agencies, the National Rural Education As- It should give my colleagues pause The PRESIDING OFFICER. Without sociation and the National Rural Education that fracking companies are allowed to objection, it is so ordered. Advocacy Coalition, I write to express our ignore our clean water laws when they Mr. BENNET. I congratulate the Pre- support for the Forty Hours is Full Time pump chemicals deep into the ground. siding Officer for sitting in that chair. Act. Collectively, we represent public school In this country, when we turn on the AMENDMENT NO. 18 superintendents, educational service agency tap for a glass of water, we need to I wish to speak about the Fischer administrators and school system leaders amendment which is slated to be voted across the country, as well as our nation’s know that our drinking water is safe. rural schools and communities. We have fol- So let’s be fair and hold the gas indus- on at some point. While I respect where lowed closely the Affordable Care Act and try to the same environmental and my neighbor from Nebraska is coming stand ready to implement the law, and see public health standards as everyone from with this effort, the proposal un- your proposed legislation as one way to al- else. fortunately misses the mark by a mile. leviate an unnecessarily burdensome regula- Second, I worked with Senator The amendment would set up a new tion. MENENDEZ on amendment No. 65, which and unprecedented process for protec- The Forty House is Full Time Act would would make oil companies financially tive land designations. It says the Sec- change the definition of ’full time’ in the Af- fordable Care Act (ACA) to 40 hours per week responsible for the damages they cause retary of the Interior or Agriculture and the number of hours counted toward a when they spill on our land and leak has to publish in the Federal Register ’full time equivalent’ employee to 174 hours into our waterways. Under current law, two findings before any congressional per month. The current ACA arbitrarily sets when an onshore oilspill occurs, the protections on public lands would go the bar for a full work week to 30 hours. This company that causes the spill is only into effect. First, the Secretary has to is inconsistent with how most Americans liable for $350 million in damages, in- find that new, protected land would not think: full-time is a 40 hour work week. The cluding cleanup and compensation. Yet adversely affect our efforts to admin- current definition causes confusion among a major oilspill into a river or lake, ister existing protected land. Second, employers who struggle to understand and comply with the new requirements, espe- such as the one this week in Montana, the Department has to have ‘‘sufficient cially ones that are in conflict with long- could easily result in damage well resources’’—whatever that is—to im- standing practices built on the long-standing above that arbitrary limit. plement plans for existing protected 40-hour work week premise. Hard-working taxpayers should never land. While perhaps innocuous sound- We welcome the opportunity to ensure our be stuck paying for an oil company’s ing, these would be huge changes in employees have a positive work environment mess, and local property and businesses how we do business around here. and we remain committed to providing a ro- should not have to slog through endless Coming from a State that is over a bust set of work benefits. We are concerned litigation just to get the compensation third Federal land, I prefer that drastic that the ACA, as currently written, puts ad- ditional, undue burden on school systems they deserve from a negligent oil com- reform proposals such as this at least across the nation, many of whom will strug- pany. This amendment would finally have the benefit of a committee hear- gle to staff their schools to meet their edu- place the burden on companies to clean ing before we vote on them on the cational mission while meeting the strict 30- up after themselves. floor. That way, we can hear expert hour regulation. Third, I have proposed amendment testimony as to whether this is a good We applaud your continued leadership on No. 76, which would allow our home- idea or consider ways we might be able this issue and look forward to seeing the owners and business owners whose to improve the measure. But as far as Forty Hours is Full Time Act move forward. property has been damaged by natural I know, this language hasn’t had a Sincerely, NOELLE M. ELLERSON, disaster to use Federal disaster assist- hearing in this Congress, or any other AASA, The School Superintendents ance funds to upgrade their property’s Congress, for that matter. Association, Associate Executive Director, energy efficiency. Under current law, Proponents of this amendment are Policy & Advocacy, AESA, NREA and NREAC the disaster assistance can only be going to argue it simply ensures that Legislative Liaison. used to replace what was lost even if our land agencies can afford to keep up The PRESIDING OFFICER. The Sen- that property was antiquated and not with the maintenance of new protected ator from New York is recognized. up to current standards. We need to lands. Listen, I am the first—and I Mrs. GILLIBRAND. Mr. President, I have much more forward-looking poli- have been on this floor year after year rise today to propose three important cies that actually make sense. after year talking about the fiscal con- amendments to S. 1, the Keystone XL Due to the effects of climate change, dition of this country—to believe we Pipeline Act. we have seen a growing number of nat- need more fiscal discipline around

VerDate Sep 11 2014 04:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.008 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S324 CONGRESSIONAL RECORD — SENATE January 21, 2015 here, but this is not the way we should that so the next generation and the one I will, therefore, oppose the Fischer get it. I am also a huge believer that after that can experience the greatness amendment when it comes up for a we shouldn’t be overburdening these that all Americans feel when they first vote, and I urge my colleagues to do agencies, and we shouldn’t be overregu- visit the Grand Canyon or Rocky the same. lating through them, either. Mountain National Park, or Chimney Mr. President, I yield the floor, and I Unfortunately, this amendment Rock National Monument, or the Ever- suggest the absence of a quorum. takes a hatchet when the absolute glades, or wherever we find the next The PRESIDING OFFICER. The most that is needed, if anything, is a beautiful or historically significant clerk will call the roll. surgical fix. In fact, under the amend- area that Congress or the President de- The assistant legislative clerk pro- ment, the opponents of protected lands cides to protect. ceeded to call the roll. could reduce funding for our land agen- This discussion is actually a timely Mr. GRAHAM. Mr. President, I ask cies through the appropriations process one because just this past December we unanimous consent that the order for and then turn around and say the Sec- passed a large package of conservation the quorum call be rescinded. retary got a veto of the new proposals measures into law on a bipartisan The PRESIDING OFFICER. Without because sufficient resources aren’t basis. That package included a bill that objection, it is so ordered. available. As one of my friends from we worked on in Colorado called the Mr. GRAHAM. I would like to share Colorado said in the paper this morn- Hermosa Creek Watershed Protection some thoughts about the debate we are ing: ‘‘This amendment would be a one- Act. Let me say at the outset that our having on the Keystone Pipeline, cli- two punch—first starve conservation office may have introduced that bill in mate change, and how the two inter- agencies of needed funding and then Congress, but it was really the people I sect. The concept that climate change block any new protections.’’ represent in southwest Colorado who is real, I completely understand and ac- This amendment is drafted in a way wrote that bill. This legislation grew cept. To the point of how much man is that it leaves huge discretion to a fu- from the grassroots up from day one— contributing, I don’t know, but it does ture Secretary to approve or veto pro- Republicans, Democrats, Independents make sense that manmade emissions tections that Congress has seen fit to working together to cement a long- are contributing, and the global warm- create. If the amendment passed, noth- term plan for their community’s fu- ing effect, the greenhouse gas effect, ing would stop a future Secretary from ture. Not only was it bipartisan at the seems to me scientifically sound. The finding that every single conservation local level, but also in Congress. My problem is how we fix this globally is bill this Congress has passed should not friend SCOTT TIPTON championed the going to require more than just the take effect, all because he or she failed bill on the House side. United States to be involved. to publish the vague set of findings laid The Hermosa Creek Watershed de- This deal with China where they have out in this proposal. served to be protected. That is why the to do nothing for 20 years is probably Historically, we don’t give a member community came together to keep it not exactly where I want to be. The of the executive branch any discretion just as it is. That was the plan in the bottom line is that the solutions com- as to whether they implement the laws community, and that is what our bill ing from our Democratic friends about that Congress passes and that the finally accomplished at the end of the how to deal with greenhouse gas emis- President has signed. Yet, this measure last Congress. However, if we were to sions turn our economy upside down would do just that. pass the amendment in front of us and do more damage to the economy I think keeping that historical prece- today, all the hard work that went into and to the welfare of the American peo- dent—where the legislative branch passing the Hermosa bill could be un- ple than it will in terms of helping the makes the laws and the executive done by the Secretary of the Interior. environment. branch implements them—is impor- Every single meeting that took place Our liberal friends give us a false tant. We have heard a lot about that on in southwest Colorado, every single choice. You have to reorganize the this floor recently, particularly in a conversation that led to the improve- economy in a draconian fashion to help case such as this where we are talking ment of this legislation—all of that the environment. Some people on my about our national heritage. could be gone in an instant, not be- side believe that the whole climate Coloradans, and all Americans, love cause the Congress undoes the law but change experience is scientifically un- their public lands and want to see more because some administrator, using sound. I am not a scientist, but I have done to protect them. Instead, this their fiat, is able to undo the law. It is heard enough regarding those who amendment creates new layers of red- unlikely—I can’t say this for sure, but make it their life’s work to be con- tape and makes enacting protective it is unlikely that person is going to vinced that manmade emissions are designations even more difficult than have any idea what is in the Hermosa causing the problem and contribute to it has been. Creek bill or any of the other bills we the overall warming of the planet. Once again, I wish to say on this have worked on in the past. That is About the Keystone Pipeline, my floor that I appreciate the effort of the just simply not how we do business Democratic friends are making an ar- Senator from Nebraska and I would be around here, and there is a good reason gument that is just absolutely false. happy to work with her to address for that. The product that Canada will produce some of her concerns. But I would I am compelled, therefore, to urge from the oil sands is going to be used argue that the investments we make in other Senators in this body to please by us, the world community through our public lands are worthwhile ones, oppose the Fischer amendment so we the gulf port or by China. and I would invite anyone in this can avoid such a scenario. Rejecting Those who believe denying the build- Chamber to come to Colorado and see the amendment will preserve our con- ing of the pipeline protects the planet what I am speaking about. servation legacy—a legacy that goes from fossil fuels do not understand Protected lands and wide-open spaces straight back to President Teddy Roo- what Canada is about to do. Canada is are a huge driver of economic growth sevelt, a Republican, who signed the going to sell the product to somebody. all across our country. They help sus- Antiquities Act into law in 1906. It in- The question for us is, Would we ben- tain a $600 billion outdoor recreation cludes the formal establishment of the efit from building a pipeline that will economy, and a lot of those businesses, national park system almost 100 years create American jobs and help us put for obvious reasons, are headquartered ago. oil into that pipeline within the United in Colorado. On top of the economic This is an extraordinarily beautiful States in a joint venture with Canada benefits, wilderness areas, national country that we all have the privilege or we will say no to the Canadians and monuments, and national parks are a to represent. We ought to encourage they will go build a pipeline and send it fundamental part of the fabric of our conservation efforts, not make them to China? country and of our country’s history. It harder to achieve. We ought to build on The product is going to be burned. It is important to preserve these lands for the legacy of generations of Americans is going to be used. The only question our kids and our grandkids, just as our and generations in this body of Repub- for this Congress is, Do we want the grandparents preserved them for us. It licans and Democrats working together pipeline to go West and export the is worth investing some money to do to preserve our natural heritage. product to China or do we want to

VerDate Sep 11 2014 01:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.042 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S325 build the pipeline so we will have more we get no benefit from or do they build carbon pollution and paid a dividend product from a friend rather than en- a pipeline in collaboration with us that back to the American people. emies? helps us with our job problems and our Senator MARK KIRK voted for Wax- Dirty oil is oil that comes from peo- energy needs? man-Markey when that bill was on the ple who hate your guts. The sulfur con- I don’t understand how you can jus- floor of the House, the famous cap-and- tent of oil sands product is higher than tify voting against the Keystone Pipe- trade bill. Mideast sweet crude but no different line based on a concern about climate Senator FLAKE wrote an article in his than the oil we find off the coast of change because it has absolutely noth- home State paper expressing the value California. The actual carbon content ing to do with the issue in this regard. and merit of a carbon fee when it is off- is no different than the oil we find off The product is going to be used by set by reductions in other taxes as a the coast of California. To lock this somebody, and they are going to build way to help workers and address the country and the world into buying a pipeline somewhere. For you to deny pollution problem. more Mideast product seems to me to us the ability to build this pipeline Over and over again there were these be a very bad idea at a very dangerous that would make us more energy inde- joint actions all the way back to when time. So when I hear Members of the pendent from overseas’ fossil fuels is I first came to the EPW Committee and Democratic Party take the floor and shortsighted and does not advance the Senator John Warner of Virginia was say: Don’t build this pipeline because it cause of climate change. its then ranking member. He wrote will help the environment, you obvi- To the people who believe in climate Warner-Lieberman with our colleague, ously don’t realize what Canada is change, it is gimmicks such as this and then Senator Lieberman. Then came Citizens United. Then about to do. Canada is going to sell the tricks such as this that hurt your came the massive influx of polluter oil to another customer, build a new cause. You are undercutting a real gen- money into our political system, much pipeline, and the only question for you uine debate. You made climate change of it dark money. At about the spring is, How do you justify that? How do a religion rather than a problem. It is of 2010—and Citizens United was de- you justify destroying the ability to a problem, but you are taking a draco- cided in January of 2010—that was the create thousands of jobs in the country nian approach to the problem to the end of the conversation. at a time when we need them? How do point that you are denying our country So here we are today. We are just you justify not building a pipeline that the ability to build a pipeline that we now reaching agreement on several could be used to help us with product would benefit from economically and votes by which I believe our Repub- from North Dakota and other places energy security-wise. The alternative lican colleagues will, for the first time within our own country? you are leaving this country is that the since Citizens United—some of them, You can justify it, but you can’t say same product will go somewhere else, at least—acknowledge that climate it is based on climate change because and the next pipeline will not benefit change is real. the product you are talking about is America. So it is stunts like this that Indeed, we just heard my friend Sen- going into the environment. It is going undercut your overall efforts. ator GRAHAM come to the floor and to be used. It is either going to be used I wish you would change your mind speak—right there—saying that cli- coming to America to our benefit or about the pipeline and work with Re- mate change is real, that humans had a the pipeline will be built west and it publicans who are willing to work with significant role in causing it, and it will go to China. you to deal with emissions in a real- was something we ought to pay atten- To our friends in Canada, I imagine istic way and stop selling what I think tion to. your patience is about to run out with is a fraud when it comes to this debate. This is new. Today, after 5 years of us, and I don’t blame you one bit if you I yield the floor, and I suggest the ab- more or less silence. I have spoken on get tired of dealing with an American sence of a quorum. this floor, as everybody knows, a great Government that seems completely out The PRESIDING OFFICER (Mr. deal on this subject, and nobody has of sync with reality. In terms of the WICKER). The clerk will call the roll. ever come from the other side of the lawsuits, it is a procedural issue. In Ne- The assistant legislative clerk pro- aisle to respond to me, except for the braska the pipeline is one of thousands ceeded to call the roll. now-chairman of the Environment and Mr. WHITEHOUSE. I ask unanimous of pipelines we already have in Amer- Public Works Committee, to maintain consent that the order for the quorum ica. his view that climate change is actu- call be rescinded. To the President last night, instead ally a hoax that is perpetrated by the The PRESIDING OFFICER. Without of one pipeline, why don’t we have a scientific community in order to get objection, it is so ordered. comprehensive infrastructure strategy? grants and funding. I am all for that. But you are threat- AMENDMENT NO. 29 So it has been a long drought. It has ening to veto building this pipeline. Mr. WHITEHOUSE. Mr. President, I been a long, long drought. Frankly, it Why? Because your judgment has been am on the floor to say a few words has been a drought that does not re- taken over by the environmental com- about my amendment No. 29, which we flect the best traditions of this body. munity which is hell-bent on no fossil will be voting on shortly after 3 This body has taken on big issues in fuels anywhere, anyway, anyhow. o’clock, I am told. That is the simple the past. It took on civil rights. It That is not the world in which we amendment that says it is the sense of tried to hold this country together live. I embrace the fact that a lower the Senate that climate change is real over the issue of slavery. carbon economy will be beneficial over and not a hoax. This body has been significant in the time. My view is: Find more fossil fuels It is, perhaps, a telling coincidence history of the United States at impor- from friendly people, including our own that we are having this conversation tant junctions, and here we are at this backyard—Canada, the United States— on the floor of the Senate now on the important junction where our energy to replace fossil fuels we have to buy fifth anniversary of the Citizens United policy needs to change and half of the from foreign entities that do not like decision, because before Citizens body basically was mute. us very much. That concept is a re- United came along, there was actually Today that seems to have changed. ality. We are not going to be able to re- a pretty robust conversation between That, to me, is very significant. I place fossil fuels any time soon. Democrats and Republicans about car- look forward to a vote on my amend- We can invent technology to make it bon pollution, climate change, and ment. As I said, it is very simple. Cli- cleaner. We can find alternatives. But what needed to be done about it. mate change is real and not a hoax. I at the end of the day it comes down to For instance, Senator JOHN MCCAIN hope that is something we can agree on this: If you are using climate change as ran for President on a robust platform as a body. If we do, then it becomes a a reason not to build this pipeline, you of addressing the carbon that causes predicate for beginning to advance an are kidding yourself or you are mis- climate change. important conversation. leading the public because the product Senator COLLINS worked with the I am not going to agree with all of is going to be used. They are going to current energy ranking member, Sen- my Republican colleagues about their build a pipeline in Canada. The ques- ator CANTWELL, on a very robust cli- views on how to respond to this prob- tion is, Do they build a pipeline that mate bill that would have put a cap on lem, and I don’t expect my Republican

VerDate Sep 11 2014 04:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.044 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S326 CONGRESSIONAL RECORD — SENATE January 21, 2015 colleagues to agree with all of my something about it. I hope this is the AMENDMENT NO. 69 views on how we should respond to this dawn of that new day. Let me take 2 minutes to say a word problem. But the dark days of denying Mr. President, I yield the floor. about my pending amendment, which that there actually is a problem may The PRESIDING OFFICER. The Sen- may come up for a vote shortly. It is very well have seen their first little ator from Illinois. amendment No. 69. break of dawn right now. Mr. DURBIN. Mr. President, let me What I have said on the floor is there If that is so, that is exciting news be- thank my colleague from Rhode Island. is a dirty little secret about the Key- cause, as many Republicans have He and I did travel to Havana, Cuba, stone Pipeline. You don’t take Cana- noted—Republicans such as Secretary earlier this week. Interestingly dian tar sands and turn them into gaso- Schultz, Republicans such as Secretary enough, we sat down with the sci- line and diesel fuel without filtering Paulson, Republicans such as Ronald entists and the people responsible for and refining out some pretty horrible Reagan’s economic adviser, the econo- the oceans and other natural benefits things. What is filtered out is called mist Arthur Laffer—there are smart, in Cuba to discuss global warming, and petcoke, and petcoke is going to be conservative ways to address this prob- the conversation started at the same produced in the refining process if this lem. place. Even with these scientists, there pipeline is ultimately built—over 15,000 I continue to think that the idea that is no question they can see the impact, tons a day of petcoke, the byproduct of Senator FLAKE signed off on all those and they started their predictions this refining process. years ago is still the right one to do: about the rise of the ocean levels—and If you look at it and you think to Raise a fee by putting a price on car- the Senator from Rhode Island knows yourself what impact will that have, it bon that reflects the economic fact this far better than I do—with their an- could have a very negative impact. In that it creates harm for so many other ticipation that the ocean levels will my city of Chicago, which I am very folks, the so-called externalities, what rise over a foot in just 10 or 20 years proud to represent, as well as in other the economists would say. The costs and then twice that over a period of 50 communities, petcoke piles have be- that burning carbon causes to fisher- years or more. That will have a pro- come a challenge to the public health men, to foresters, to homeowners, to found impact on the island, the archi- and the people in the community. I am people who live near the sea, those pelago of Cuba, and the United States. asking in my amendment that we es- Senator WHITEHOUSE of Rhode Island, costs—build them into the price of the tablish a standard of safety when it more than any other Senator, has real- product. That is economics 101. Then comes to petcoke—that we establish a ly brought this issue home—not just to take every single dollar that we raise standard of transportation and storage his home but to the Atlantic Coast and lower working people’s taxes. of petcoke to protect American fami- States—and has reported on the im- I am completely comfortable with lies and children from the hazards of pacts they face. Now, I live smack dab that notion. That is one that has been breathing petcoke dust. in the middle of the country—in Illi- over and over again brought up in the This is a simple public health amend- nois. I can tell you we appreciate there ment, and I hope my colleagues will context of Republican and conservative are changes taking place on this planet support it. discussions, including a very good re- that are not in our best interests—nor I yield the floor. cent paper jointly authored by a writer will they leave our children and grand- Mr. WHITEHOUSE. Will the Senator from the American Enterprise Insti- children a better place to live. yield for a question? tute. The obvious question we face is what Mr. DURBIN. I will be happy to yield. I see the deputy minority leader on will we do in this generation. This bill, Mr. WHITEHOUSE. May I inquire of the floor. I had the pleasure of trav- S. 1, which has been chosen by the Re- the Senator—we will be shortly voting eling with him and with our ranking publican majority, has given us a on a number of measures. One is a side- member on the Judiciary Committee venue finally to raise some important by-side to the Schatz amendment and other colleagues to Cuba. When we environmental issues which have been which includes a quotation from an en- spent time with Cuban officials, Cuban ignored for too long. vironmental impact statement, and the religious leaders, Cuban—just regular I know the object of this bill was to quotation is as follows: folks on the street, over and over again build a pipeline. TransCanada, a Cana- . . . approval or denial of any one crude oil we heard the same phrases coming at dian company, wants to build a pipe- transport project, including the proposed us, that it was a time of hope and it line through the United States. They Project, is unlikely to significantly impact was a time of promise. may or may not sell any oil from it in the rate of extraction in the oil sands or the If there is going to be a time of hope continued demand for heavy crude oil at re- the United States. We had a vote on fineries in the United States based on ex- and a time of promise in Cuba, let’s that yesterday, and the Republicans hope it can be a time of hope and a pected oil prices, oil-sands supply costs, overwhelmingly said they would not transport costs, and supply-demand sce- time of promise in this body on climate require them to sell their oil in the narios. change. It starts with admitting that United States. They may or may not Does the Senator recall when the EIS you have a problem, just like in so use American steel to build their pipe- was written and what the oil prices many other areas of human life. So I line. We had that amendment yester- were that were expected at the time hope that, frankly, every Member of day, and the Republicans voted over- this document was prepared? the Senate will vote for my amend- whelmingly that there is to be no re- Mr. DURBIN. Until very recently, of ment. We appreciate the opportunity quirement to use American steel to course, the price of a barrel of oil was to work with the new majority on ways build this pipeline. Yet it is character- high enough to justify tar sands, their that we can address this telling prob- ized as an American jobs bill. It is hard extraction, the cost of transportation lem. to understand that characterization. and the additional cost of refining I will close by saying this. I am never If nothing else, whatever happens to them into a final product. Since that going away on this subject. It is too this bill—and it may not have a great time, the cost of oil is almost half important to my home State of Rhode fate ahead of it, if it is not changed sig- today what it was when that report Island. There is no Senator in this body nificantly because the President has al- was written. who, if they had an issue as important ready threatened to veto it—what the I don’t remember the exact date, per- to their home State as this issue is to Senator from Rhode Island said is sig- haps the Senator has it handy. Rhode Island, I would not expect and nificant. After years of denial from the Mr. WHITEHOUSE. Indeed, I would respect to fight all the way through to other side of the aisle about the issues say the breakpoint for that study was the bitter end for the interests of their of global warming, we may have just at $75 per barrel, and it was at that State. My fishermen are not finding reached a point where we are finally, point that the environmental impact the fish where they have been for gen- on a bipartisan basis, going to ac- became very real from this harmful tar erations. People who have built homes knowledge the obvious—the scientific sands fuel. Not only are we not just on the shore are losing them into the facts which have been given to us over under $75 per barrel, we have hit as low sea in big storms. These are real con- and over and over. That is a step in the as below $50 per barrel. sequences, and we—I promise you one right direction, and so I want to thank So I just want to make sure, as long way or the other—are going to do my colleague from Rhode Island. as we are voting on this language very

VerDate Sep 11 2014 01:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.047 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S327 shortly, that it is clear in the RECORD group of amendments we are going to tional Association of Manufacturers of the Senate that the environmental be voting on shortly. I would encourage opposing my amendment. They start impact statement was hinged on that any of the Members on our side who by saying that petcoke is a valuable, the ‘‘expected oil prices’’ were north of would like to take a few minutes to go essential commercial product that is $75 per barrel; that they are now well over their amendments before the used in a wide array of applications. I below that, around $50 per barrel. And, vote—we have a few minutes between am not stopping that at all. Anyone indeed, I would add that the Canadian now and 3:15 p.m.—to do so. During this who wants to take this petcoke and use Research Institute has said the tar series of votes coming up, we will be it to produce energy and power genera- sands can’t be properly extracted at working with our colleagues to get the tion, cement kilns, steel, glass, as long prices less than $85 per barrel. next set of amendments and to con- as they comply with basic environ- So that puts in context what we will tinue to move forward. mental standards, be my guest. But to be voting on that I thought should be I will have a little more to say, but I store it in such a fashion that it can in the RECORD. see a couple of our colleagues here, so blow all over and cause public health Mr. DURBIN. I thank the Senator I will give them a chance to talk about hazards is unacceptable—it should be— from Rhode Island. their amendments. in a modern society. Secondly, if those It is significant that the first bill of Mr. President, I suggest the absence who store it end up, we find over the the Senate Republican majority is a of a quorum. long haul, creating a long-term hazard bill to build a pipeline for a Canadian The PRESIDING OFFICER. The to the environment, they should be company to bring tar sands across the clerk will call the roll. held legally responsible. The bill clerk proceeded to call the United States to be refined in Texas That is the extent of my amendment. and then sold overseas. That is the roll. Mr. DURBIN. Mr. President, I ask I am not surprised that the National highest priority of the Republican ma- unanimous consent that the order for Association of Manufacturers would jority. the quorum call be rescinded. oppose it. But I would ask each and There are those who, based on what The PRESIDING OFFICER. Without every Member to consider the possi- the Senator just said, question whether objection, it is so ordered. bility that if they lived across the this is economically viable with the Mr. DURBIN. My understanding is tracks from this kind of petcoke con- price of a barrel of oil today. I am not that we have time equally divided be- glomeration—I have seen it. It is hor- an economist in energy, but it strikes tween now and 3:15, before the votes rible, and we are fighting it in the city me there has been a significant change start. of Chicago. The company that owns the in the premise of this whole project. The PRESIDING OFFICER. The Sen- petcoke—the Koch Brothers. So it Mr. WHITEHOUSE. Indeed, in my re- ator is correct. shouldn’t be any surprise that the Na- marks earlier, I referred to this pipe- AMENDMENT NO. 69 tional Association of Manufacturers line as possibly an economic zombie at Mr. DURBIN. Seeing no one on the took the position they did. the current oil prices. I have not seen floor, I would like to say a word about I hope that all of us who may be sub- a single report that this pipeline can be an amendment which will be voted on. ject to this kind of dumping of petcoke built and operated properly at oil I believe it is the second in the queue, near a city in our State will think prices where they are right now. and it is the amendment I have offered twice. Let’s at least have some stand- I yield the floor. relative to petcoke. ards for storage and enclosure to pro- Mr. DURBIN. I yield the floor, and I Petcoke is the product derived from tect the people in our States, and let’s suggest the absence of a quorum. the refining of Canadian tar sands, and make certain that if there is ulti- The PRESIDING OFFICER (Mrs. if you happen to live in some commu- mately environmental damage here, ERNST). The clerk will call the roll. nities in America, petcoke can be a that the parties who make the profit The bill clerk proceeded to call the real problem. off of petcoke are ultimately respon- roll. This is the city of Chicago, IL. You sible. Ms. MURKOWSKI. Mr. President, I can see some of the bungalows and That is the extent of my amendment. ask unanimous consent that the order houses here, and right across the rail- I yield the floor. for the quorum call be rescinded. road tracks you can see mounds of I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. petcoke coming in from the British Pe- The PRESIDING OFFICER. The TOOMEY). Without objection, it is so or- troleum refinery. They generate some- clerk will call the roll. dered. where in the range of 6,000 tons a day of The assistant legislative clerk pro- Ms. MURKOWSKI. Mr. President, I this petcoke and pile it up right here. ceeded to call the roll. ask unanimous consent that it be in It is ultimately transported to dif- Ms. CANTWELL. I ask unanimous order for Senator HOEVEN or his des- ferent places, but it sits here. It obvi- consent that the order for the quorum ignee to offer his amendment No. 87, as ously is a hazard to people who live call be rescinded. modified; further, that the time until nearby. It blows in the wind, creating The PRESIDING OFFICER. Without 3:15 p.m. this afternoon be equally di- public health issues and real concern objection, it is so ordered. vided in the usual form; that following for families with children with asthma, AMENDMENT NO. 33 the use or yielding back of the time, respiratory disease. Ms. CANTWELL. I would like to take the Senate then proceed to vote in re- I have an amendment, and it is very a few minutes to talk about the Lee lation to the following amendments in basic. No. 1, the amendment talks amendment, No. 33, which is going to the order listed: Lee, No. 33; Durbin, about making sure there are standards be voted on shortly. I know my col- No. 69; Toomey, No. 41; Whitehouse, and rules for the storage enclosure of leagues are going to have 2 minutes di- No. 29; Hoeven, No. 87, as modified; and petcoke. Most of the cities—whether it vided before the vote, so people can add Schatz, No. 58; further, that all amend- is Long Beach, CA; or Detroit, MI; or comments as they wish. ments on this list be subject to a 60- Chicago, IL—are trying to find estab- This amendment makes it very dif- vote affirmative threshold for adoption lished standards to enclose this ficult for citizens to retain counsel, and that no second-degrees be in order petcoke so it doesn’t blow freely in the particularly related to the Endangered to the amendments. I ask unanimous atmosphere. Species Act. I don’t know why we consent that there be 2 minutes of de- Senator HOEVEN spoke earlier and would be handicapping legal cases just bate equally divided between each vote said it was not carcinogenic. Those because they deal with the environ- and that all votes after the first in the findings related not to the breathing in ment. I mean, I guess if you are not in- series be 10-minute votes. of this dust but to the ingestion of terested in protecting the environ- The PRESIDING OFFICER. Without petcoke itself. We have yet to establish ment, you would want to make it hard- objection, it is so ordered. that this is a benign substance, and we er for people to retain lawyers. But The Senator from Washington. are trying to take care to protect fami- when I think about property rights and Ms. CANTWELL. Mr. President, as lies who might be exposed to it. clean water and clean air and all of my colleague from Alaska just said, we I am not surprised to see that there those issues, I think that is something are making progress. We have another has been a letter issued by the Na- on which we ought to go the extra mile

VerDate Sep 11 2014 01:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.049 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S328 CONGRESSIONAL RECORD — SENATE January 21, 2015 and make sure they get representation AMENDMENT NO. 87, AS MODIFIED, TO The question is on agreeing to the and counsel, not handicap them and AMENDMENT NO. 2 amendment. make it harder just because we don’t Mr. HOEVEN. Mr. President, I wish Mrs. BOXER. Mr. President, par- want companies to adhere to environ- to call up my amendment, as modified. liamentary inquiry—I wish to speak on mental laws. The PRESIDING OFFICER. The the Hoeven amendment and take the 1 I believe this is important because clerk will report the amendment. minute. The assistant legislative clerk read my colleagues should remember that Excuse me. I withdraw my request. as follows: Ms. MURKOWSKI. I ask for the yeas the ESA was signed into law in 1973 by The Senator from North Dakota [Mr. and nays, Mr. President. then-President Richard Nixon and was HOEVEN] proposes an amendment num- The PRESIDING OFFICER. Is there a intentionally drafted to manage and to bered 87, as modified, to amendment sufficient second? engage citizens in the protection of en- No. 2. dangered species. Mr. HOEVEN. Mr. President, I ask There appears to be a sufficient sec- Now, in general, litigants in the unanimous consent that reading of the ond. country must bear their own costs, and amendment be dispensed with. The clerk will call the roll. the prevailing party is not ordinarily The PRESIDING OFFICER. Without The assistant legislative clerk called entitled to collect his or her expenses objection, it is so ordered. the roll. in a defending suit from the loser. But The amendment, as modified, is as Mr. DURBIN. I announce that the both the courts and Congress have pro- follows: Senator from Nevada (Mr. REID) is nec- vided an exemption from that rule, and (Purpose: To express the sense of Congress essarily absent. so they have allowed in certain cir- regarding climate change) The result was announced—yeas 54, cumstances for judges to shift the cost At the appropriate place, insert the fol- nays 45, as follows: to litigants in the interest of fairness lowing: [Rollcall Vote No. 7 Leg.] and to further protect the public inter- SEC. ll. SENSE OF CONGRESS. YEAS—54 (a) FINDINGS.—The environmental analysis est. Alexander Ernst Murkowski contained in the Final Supplemental Envi- So that is what is at stake this morn- Ayotte Fischer Paul ronmental Impact Statement referred to in Barrasso Flake Perdue ing. I think the Endangered Species section 2(a) and deemed to satisfy the re- Blunt Gardner Portman Act is a prime example of why the quirements of the National Environmental Boozman Graham Risch courts decided they wanted to have Policy Act of 1969 (42 U.S.C. 4321 et seq.) as Burr Grassley Roberts this kind of leeway and protection. described in section 2(a), states that— Capito Hatch Rounds (1) ‘‘[W]arming of the climate system is Cassidy Heller Rubio Congress knew when it enacted the En- Coats Hoeven Sasse unequivocal and each of the last [3] decades dangered Species Act that it would be Cochran Inhofe Scott has been successively warmer at the Earth’s difficult and the Nation would want to Collins Isakson Sessions surface than any preceding decade since Corker Johnson Shelby make sure that ordinary citizens had 1850.’’; Cornyn Kirk Sullivan the opportunity to help ensure compli- (2) ‘‘The [Intergovernmental Panel on Cli- Cotton Lankford Thune ance with the law. So Congress recog- mate Change], in addition to other institu- Crapo Lee Tillis tions, such as the National Research Council Cruz McCain Toomey nized that when a citizen did so, he or Daines McConnell Vitter she did not do so necessarily by them- and the United States (U.S.) Global Change Enzi Moran Wicker selves alone but with the counsel of a Research Program (USGCRP), have con- NAYS—45 private attorney. Congress recognized cluded that it is extremely likely that global increases in atmospheric [greenhouse gas] Baldwin Gillibrand Murray this reality in statute. concentrations and global temperatures are Bennet Heinrich Nelson So this is what we are going to be ad- caused by human activities.’’; Blumenthal Heitkamp Peters dressing. In contrast, the Lee amend- (3) ‘‘A warmer planet causes large-scale Booker Hirono Reed ment would weaken the prevailing citi- changes that reverberate throughout the cli- Boxer Kaine Sanders Brown King Schatz zen’s request for reimbursement under mate system of the Earth, including higher Cantwell Klobuchar Schumer an Endangered Species Act—and nar- sea levels, changes in precipitation, and al- Cardin Leahy Shaheen row those restrictions of equal access tered weather patterns (e.g. an increase in Carper Manchin Stabenow more extreme weather events). Casey Markey Tester to justice. This is because the cap on (4) ‘‘The analyses of potential impacts as- Coons McCaskill Udall fees would include the Equal Access to sociated with construction and normal oper- Donnelly Menendez Warner Justice Act, which often falls well ation of the proposed Project suggest that Durbin Merkley Warren below the market-based rate for attor- Feinstein Mikulski Whitehouse significant impacts to most resources are Franken Murphy Wyden neys. Basically, what the Lee amend- not expected along the proposed Project ment does is say you will not be able to route’’ (FSEIS page 4.16–1, section 4.16.; NOT VOTING—1 recap on the attorneys’ fees at the cost (5) ‘‘The total annual GHG [greenhouse Reid of doing business, and their hope is gas] emissions (direct and indirect) attrib- uted to the No Action scenarios range from The PRESIDING OFFICER. Under that citizens will then not have rep- 28 to 42 percent greater than for the proposed the previous order requiring 60 votes resentation before the courts on issues Project’’ (FSEIS page ES–34, section for the adoption of this amendment, such as clean air, clean water, and ES.5.4.2).; and the amendment is rejected. other environmental issues. (6) ‘‘. . . approval or denial of any one Ms. MURKOWSKI. Mr. President, I I say to my colleagues—and I have crude oil transport project, including the move to reconsider the vote. said this to the now-ranking member proposed Project, is unlikely to significantly Mr. CORNYN. I move to lay that mo- on the EPW Committee—I don’t know impact the rate of extraction in the oil sands tion on the table. why we are not taking up the Super- or the continued demand for heavy crude oil at refineries in the United States based on The motion to lay on the table was fund bill. To me, getting the Superfund expected oil prices, oil-sands supply costs, agreed to. reauthorized—these are polluters that transport costs, and supply-demand sce- AMENDMENT NO. 69 have polluted our country, and they narios’’ (FSEIS page ES–16, section The PRESIDING OFFICER. Under are not even paying the tax that it ES.4.1.1).’’. the previous order, there will be 2 min- would cost to clean up the pollution. (b) SENSE OF CONGRESS.—Consistent with utes of debate equally divided prior to Instead, we are considering an the findings under subsection (a), it is the sense of Congress that— a vote in relation to amendment No. 69 amendment that says: Let’s roll back (1) climate change is real; and offered by the Senator from Illinois. the environmental law on this issue (2) human activity contributes to climate The Senator from Illinois. and make sure that citizens don’t have change. Mr. DURBIN. Mr. President, this is the right to help enforce environ- VOTE ON AMENDMENT NO. 33 the petcoke amendment. There are mental law. The PRESIDING OFFICER. Under communities in this Nation—Chicago, I ask my colleagues to defeat the Lee the previous order, the Senate will pro- Detroit, Long Beach, CA—and it may amendment when we get to it. ceed to a vote in relation to amend- be coming to other areas soon. Petcoke The PRESIDING OFFICER. The Sen- ment No. 33, offered by the Senator is the byproduct of Canadian tar sands ator from North Dakota. from Utah, Mr. LEE. when it is refined. This pipeline will

VerDate Sep 11 2014 04:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.052 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S329 generate 15,000 tons a day of petcoke NAYS—58 amendment, it is an attack on the that has to be stored. We are asking Alexander Fischer Paul Clean Air Act. I want to speak in favor that it be stored responsibly so it Ayotte Flake Perdue of making sure that we are doing ev- doesn’t blow through towns and neigh- Barrasso Gardner Portman erything the Supreme Court said we Blunt Graham Risch borhoods that I and my colleagues rep- Boozman Grassley Roberts need to do, which is to enforce the resent, and let’s establish standards for Burr Hatch Rounds Clean Air Act. that purpose. It can still be used legiti- Capito Heitkamp Rubio While my colleague is making a Cassidy Heller Sasse mately for many products, but let’s Coats Hoeven point, I do not know why we should Scott make sure it doesn’t cause respiratory Cochran Inhofe Sessions give some powerplants in Pennsylvania problems for the people we represent. Collins Isakson an exemption to the Clean Air Act. Ob- Corker Johnson Shelby The PRESIDING OFFICER. The Sen- Cornyn Lankford Sullivan viously, there are businesses all across ator from Alaska. Cotton Lee Tester America that have to comply with en- Thune Ms. MURKOWSKI. When Canadian Crapo Manchin vironmental laws. By voting against Cruz McCain Tillis oil sands are refined, they produce pe- Daines McCaskill Toomey this amendment, we can continue to troleum coke, which is this high-en- Donnelly McConnell Vitter fight against these pollution issues and ergy, mostly carbon, coal-like sub- Enzi Moran Wicker make sure that special interests are stance, but it does have economic Ernst Murkowski not getting another narrow carve-out value. It can be used for fuel; it can be NOT VOTING—1 in this legislation. used for smelting; it can be used for Reid So I would ask my colleagues to producing dry cell batteries and other The PRESIDING OFFICER (Mr. make sure that we are not creating a purposes. GARDNER). Under the previous order re- special exemption for the mercury and The EPA’s own Web site states—and quiring 60 votes for the adoption of this air toxic standards in the Clean Air this is from their Web site—petroleum amendment, the amendment is re- Act and vote against this amendment. coke itself has a low level of toxicity, jected. The PRESIDING OFFICER. The and there is no evidence of carcino- AMENDMENT NO. 41 question is on agreeing to the Toomey genicity. The EPA’s hazard character- The PRESIDING OFFICER. Under amendment. ization has also shown there are no ad- the previous order, there will be 2 min- Ms. MURKOWSKI. Mr. President, I verse environmental effects associated utes of debate equally divided prior to ask for the yeas and nays. with petroleum coke piles and the a vote in relation to amendment No. 41, The PRESIDING OFFICER. Is there a EPA’s words are ‘‘they are essentially offered by the Senator from Pennsyl- sufficient second? inert.’’ vania, Mr. TOOMEY. There is a sufficient second. The Senator from Alaska. I have listened to the comments of The Senator from West Virginia. my colleague from Illinois, and I appre- Ms. MURKOWSKI. Mr. President, be- fore we proceed to hear from the spon- Mr. MANCHIN. Mr. President, is any ciate the concerns those in neighbor- time remaining at all? hoods have, but I think it is important sor of this amendment, I would just re- mind Members that these are 10- The PRESIDING OFFICER. All time that we recognize we are not trying to is expired. skip the science. We are not trying to minute votes. It would be good—we have four more that we need to do. It The yeas and nays have been ordered. add regulations for the transport and would be good if we could stick to our storage of something that is appar- The clerk will call the roll. 10 minutes. ently not hazardous, according to the Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- EPA. Senator from Nevada (Mr. REID) is nec- ator from Pennsylvania. essarily absent. The PRESIDING OFFICER (Mr. LEE). Mr. TOOMEY. Mr. President, I want The Senator’s time has expired. The PRESIDING OFFICER. Are there to thank Senators CASEY and HATCH any other Senators in the Chamber de- Mr. DURBIN. Mr. President, I ask for for joining me in this amendment. For siring to vote? the yeas and nays. almost 200 years, we have been mining The result was announced—yeas 54, The PRESIDING OFFICER. Is there a coal in Pennsylvania. Some of it came nays 45, as follows: sufficient second? out of the ground, and it turns out it There appears to be a sufficient sec- was not suitable for the steel industry [Rollcall Vote No. 9 Leg.] ond. for which it was intended. The unsuit- YEAS—54 The question is on agreeing to the able coal has been piled up for decades. Barrasso Flake Murkowski amendment. It forms mountains. Pennsylvania Blunt Gardner Paul alone has 2 billion tons and 180,000 Boozman Graham Perdue The clerk will call the roll. Burr Grassley Portman acres of contaminated land. These The assistant legislative clerk called Capito Hatch Risch mountains of coal poison our water. Casey Heitkamp Roberts the roll. They poison our air when they sponta- Cassidy Heller Rounds Mr. DURBIN. I announce that the Coats Hoeven Rubio neously combust and burn—sometimes Cochran Inhofe Sasse Senator from Nevada (Mr. REID) is nec- for over a year—releasing pollutants Corker Isakson Scott essarily absent. with no controls whatsoever. Cornyn Johnson Sessions The PRESIDING OFFICER. Are there So we have an industry that is solv- Cotton Kirk Shelby Crapo Lankford Sullivan any other Senators in the Chamber de- ing this problem, systematically turn- Cruz Lee Thune siring to vote? ing this coal into electric power. Sen- Daines Manchin Tillis The result was announced—yeas 41, ators CASEY, HATCH, and I have an Enzi McCain Toomey Ernst McConnell Vitter nays 58, as follows: amendment that will simply allow this Fischer Moran Wicker [Rollcall Vote No. 8 Leg.] cleanup to continue, to exempt these 19 powerplants from the particularly on- NAYS—45 YEAS—41 erous regulations in utility MACT and Alexander Feinstein Murray Baldwin Gillibrand Nelson from the cross-air pollution regula- Ayotte Franken Nelson Bennet Heinrich Peters Baldwin Gillibrand Peters Blumenthal Hirono Reed tions. Bennet Heinrich Reed Booker Kaine Sanders A vote in favor of this amendment is Blumenthal Hirono Sanders Boxer King Schatz a vote to continue to clean up this en- Booker Kaine Schatz Brown Kirk Schumer vironmental disaster that we have on Boxer King Schumer Cantwell Klobuchar Brown Klobuchar Shaheen Shaheen our hands. I would be very grateful for Cardin Leahy Stabenow Cantwell Leahy Stabenow Carper Markey Cardin Markey Tester Udall Member support. Casey Menendez Carper McCaskill Udall Warner The PRESIDING OFFICER. The Sen- Coons Merkley Collins Menendez Warner Warren Durbin Mikulski ator from Washington. Coons Merkley Warren Feinstein Murphy Whitehouse Ms. CANTWELL. Mr. President, in Donnelly Mikulski Whitehouse Franken Murray Wyden speaking in opposition to the Toomey Durbin Murphy Wyden

VerDate Sep 11 2014 03:25 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.055 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S330 CONGRESSIONAL RECORD — SENATE January 21, 2015 NOT VOTING—1 The clerk will call the roll. The PRESIDING OFFICER. The Sen- Reid The assistant bill clerk called the ator’s time has expired. The PRESIDING OFFICER. Under roll. The Senator from California. the previous order requiring 60 votes Mr. DURBIN. I announce that the Mrs. BOXER. Mr. President, we are for the adoption of this amendment, Senator from Nevada (Mr. REID) is nec- about to vote on something that I the amendment is rejected. essarily absent. think will be recorded as a break- The PRESIDING OFFICER. Are there through moment in the climate debate. AMENDMENT NO. 29 any other Senators in the Chamber de- For the first time we will go on record The PRESIDING OFFICER. Under siring to vote? saying the following: Climate change is the previous order, there will be 2 min- The result was announced—yeas 98, real and human activity contributes to utes of debate equally divided prior to nays 1, as follows: climate change. a vote in relation to amendment No. 29, [Rollcall Vote No. 10 Leg.] What a breath of fresh air this offered by the Senator from Rhode Is- YEAS—98 amendment is, and I urge an ‘‘aye’’ land, Mr. WHITEHOUSE. vote very strongly. The Senator from Rhode Island. Alexander Fischer Murphy Mr. WHITEHOUSE. Colleagues, I al- Ayotte Flake Murray The front part of the amendment ac- Baldwin Franken Nelson curately quotes the EIS, parts of which most hate to use my minute because I Barrasso Gardner Paul a lot of us agree with and parts of am so eager to hear what will be said Bennet Gillibrand Perdue during the minute when our energy Blumenthal Graham Peters which we don’t. Let it be known that Blunt Grassley chairman will follow me, but I am hop- Portman the parts we don’t agree with are under Booker Hatch Reed review by various agencies, but this is ing that after many years of darkness Boozman Heinrich Risch accurate. This is a quote from the cur- and blockade, this vote will be a first Boxer Heitkamp Roberts Brown Heller Rounds rent EIS. little beam of light through the wall Burr Hirono Rubio You are not voting to endorse the that will allow us to at least start hav- Cantwell Hoeven Sanders Capito Inhofe EIS, you are just voting to acknowl- ing an honest conversation about what Sasse Cardin Isakson edge that is what it says. But you are carbon pollution is doing to our cli- Schatz Carper Johnson Schumer voting on original language written by mate and to our oceans. This is a mat- Casey Kaine Scott Senator HOEVEN that says climate ter of vital consequence to my home Cassidy King Sessions State, the Ocean State, my home, Coats Kirk change is real and human activity con- Cochran Klobuchar Shaheen tributes to it. Rhode Island, and to many of yours as Shelby Collins Lankford I urge an ‘‘aye’’ vote. well. Coons Leahy Stabenow I hope this is a place where we can Corker Lee Sullivan The PRESIDING OFFICER. The Sen- Tester get together and have a strong, posi- Cornyn Manchin ator’s time has expired. Cotton Markey Thune The question is on agreeing to the tive vote that sends a signal that this Crapo McCain Tillis Senate, at this time in history, is Cruz McCaskill Toomey Hoeven amendment, as modified. ready to deal with reality. Daines McConnell Udall Ms. MURKOWSKI. I ask for the yeas Donnelly Menendez Vitter and nays. The PRESIDING OFFICER. The Sen- Durbin Merkley Warner ator from Alaska. Enzi Mikulski Warren The PRESIDING OFFICER. Is there a Ms. MURKOWSKI. I yield 1 minute Ernst Moran Whitehouse sufficient second? on our side to the Senator from Okla- Feinstein Murkowski Wyden There appears to be a sufficient sec- homa. NAYS—1 ond. The PRESIDING OFFICER. The Sen- Wicker The yeas and nays are ordered. The clerk will call the roll. ator from Oklahoma. NOT VOTING—1 Mr. INHOFE. Mr. President, I ask The bill clerk called the roll. Reid unanimous consent that I be added as a Mr. DURBIN. I announce that the cosponsor to the Whitehouse amend- The PRESIDING OFFICER. Under Senator from Nevada (Mr. REID) is nec- ment. the previous order requiring 60 votes essarily absent. The PRESIDING OFFICER. Without for the adoption of this amendment, The PRESIDING OFFICER. Are there objection, it is so ordered. the amendment is agreed to. any other Senators in the Chamber de- Mr. INHOFE. Climate is changing. AMENDMENT NO. 87, AS MODIFIED siring to vote? Climate has always changed, and it al- The PRESIDING OFFICER. Under The result was announced—yeas 59, ways will. There is archaeological evi- the previous order, there will be 2 min- nays 40, as follows: dence of that, there is biblical evi- utes of debate equally divided prior to [Rollcall Vote No. 11 Leg.] dence, and there is historical evidence. a vote in relation to amendment No. 87, YEAS—59 It will always change. The hoax is that as modified, offered by the Senator Alexander Gillibrand Murphy there are some people who are so arro- from North Dakota. Ayotte Graham Murray gant, who think that they are so pow- Who yields time? Baldwin Hatch Nelson erful that they can change the climate. The Senator from Alaska. Bennet Heinrich Paul Blumenthal Heitkamp Man can’t change the climate. Ms. MURKOWSKI. Mr. President, we Peters Booker Heller Portman I ask my colleagues to vote for the have an amendment before us, a side- Boxer Hirono Reed Whitehouse-Inhofe amendment. by-side to the amendment that has Brown Kaine Rounds Cantwell King Schatz The PRESIDING OFFICER. The Sen- been offered by the Senator from Ha- Cardin Kirk Schumer ator from Rhode Island. waii, and what we do within this side- Carper Klobuchar Shaheen Casey Leahy Mr. WHITEHOUSE. In the time re- by-side is effectively lay out findings Stabenow maining, I recognize and thank the co- contained within the administration’s Collins Manchin Coons Markey Tester sponsors on my side of the aisle, Sen- EIS that outline the environmental im- Corker McCain Toomey ator SANDERS, Senator MANCHIN, and pact of a Keystone XL Pipeline, recog- Donnelly McCaskill Udall Senator LEAHY. Senator INHOFE and I nizing the impact to the environment Durbin Menendez Warner Feinstein Merkley Warren are not alone on this bill. will be less if this line is actually con- Flake Mikulski Whitehouse The PRESIDING OFFICER. The structed. Franken Murkowski Wyden question is on agreeing to the amend- We further go into a sense of the Sen- NAYS—40 ment. ate that acknowledges—again after the Barrasso Cornyn Gardner Ms. MURKOWSKI. I ask for the yeas vote we just had—that climate change Blunt Cotton Grassley and nays. is real and that there is an impact. Boozman Crapo Hoeven The PRESIDING OFFICER. Is there a With that, I would recommend that Burr Cruz Inhofe sufficient second? folks look at the language that has Capito Daines Isakson Cassidy Enzi Johnson There appears to be a sufficient sec- been offered. I will be supporting the Coats Ernst Lankford ond. Hoeven amendment. Cochran Fischer Lee

VerDate Sep 11 2014 03:25 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.006 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S331 McConnell Sanders Thune The PRESIDING OFFICER. Is there a There will be no more votes today on Moran Sasse Tillis sufficient second? these amendments, but again, given Perdue Scott Vitter Risch Sessions Wicker There appears to be a sufficient sec- the interest in this subject, I encourage Roberts Shelby ond. Members to come down and speak to Rubio Sullivan The question is on agreeing to the their amendments. We would like to NOT VOTING—1 amendment. figure out that process to get a series Reid The clerk will call the roll. of amendments pending. Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under Senator from Nevada (Mr. REID) is nec- the previous order requiring 60 affirma- ator from Washington. essarily absent. Ms. CANTWELL. Mr. President, I tive votes for the adoption of the The PRESIDING OFFICER. Are there amendment, the amendment is re- again thank the Senator from Alaska any other Senators in the Chamber de- for working through this process and jected. siring to vote? Mr. HOEVEN. Mr. President, I move the due diligence given. I think we are The result was announced—yeas 50, very close to having the side-by-side to reconsider the vote. nays 49, as follows: Mr. THUNE. I move to lay that mo- language, and once that is done, we [Rollcall Vote No. 12 Leg.] will give it out to everyone for review. tion on the table. YEAS—50 The motion to lay on the table was We need to get the Fischer amendment agreed to. Alexander Franken Murphy and the side-by-side figured out. Ayotte Gillibrand Murray Everybody is asking about the proc- AMENDMENT NO. 58 Baldwin Graham Nelson (FL) ess. If we could get the next set of The PRESIDING OFFICER. Under Bennet Heinrich Peters Blumenthal Heitkamp amendments offered by colleagues, it the previous order, there will be 2 min- Reed (RI) Booker Hirono Sanders will give us a chance to proceed on fig- utes of debate equally divided prior to Boxer Kaine Schatz uring out when the next votes will be a vote in relation to amendment No. 58 Brown King Schumer Cantwell Kirk scheduled. Shaheen offered by the Senator from Hawaii, Cardin Klobuchar Stabenow With that, I understand Senator Mr. SCHATZ. Carper Leahy Tester SANDERS wishes to speak. The PRESIDING OFFICER. The Sen- Casey Manchin Udall The PRESIDING OFFICER. The Sen- ator from Washington. Collins Markey Coons McCaskill Warner ator from Vermont. Ms. CANTWELL. My colleague from Donnelly Menendez Warren AMENDMENT NO. 24 TO AMENDMENT NO. 2 Hawaii, Senator SCHATZ, wishes to Durbin Merkley Whitehouse speak on his amendment. Feinstein Mikulski Wyden Mr. SANDERS. Mr. President, I The PRESIDING OFFICER. The Sen- NAYS—49 thank Senator MURKOWSKI and Senator CANTWELL for working on a sensible ator from Hawaii. Barrasso Flake Portman Mr. SCHATZ. Thank you, Mr. Presi- Blunt Gardner Risch process. dent. Boozman Grassley Roberts I ask unanimous consent to lay aside This has been a surprisingly produc- Burr Hatch Rounds the current amendment and call up my Capito Heller Rubio amendment No. 24. tive day on the issue of climate debate. Cassidy Hoeven Sasse The PRESIDING OFFICER. Is there I know there has been a lot of con- Coats Inhofe Scott sternation and discussion, but that is a Cochran Isakson Sessions objection? Corker Johnson Shelby Without objection, it is so ordered. good thing. Cornyn Lankford Sullivan We have one final amendment to con- Cotton Lee The clerk will report. Thune Crapo McCain The bill clerk read as follows: sider today, and it simply takes a por- Tillis Cruz McConnell The Senator from Vermont [Mr. SANDERS], tion of the language from the EIS for Daines Moran Toomey for himself, Mr. BENNET, Mr. CARPER, and the Keystone XL and adopts it. That Enzi Murkowski Vitter language says, in summary, that cli- Ernst Paul Wicker Mr. MENENDEZ, proposes an amendment numbered 24 to amendment No. 2. mate change is real and that climate Fischer Perdue change is caused by humans. NOT VOTING—1 Mr. SANDERS. Mr. President, I ask The PRESIDING OFFICER. The Sen- Reid unanimous consent that reading of the ate will be in order. amendment be dispensed with. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without Mr. SCHATZ. That language simply the previous order requiring 60 votes states that climate change is real, that objection, it is so ordered. for the adoption of this amendment, The amendment is as follows: climate change is caused by humans the amendment is rejected. and principally by carbon pollution. (Purpose: To express the sense of Congress Ms. MURKOWSKI. Mr. President, I regarding climate change) So the simple vote in front of us is: move to reconsider the vote. Do you agree with the factual evi- Mr. HOEVEN. I move to lay that mo- After section 2, insert the following: dence? Will you concede to the facts? tion on the table. SEC. lll. SENSE OF CONGRESS REGARDING CLIMATE CHANGE. We have an opportunity to set a new The motion to lay on the table was chapter in this climate debate. Today It is the sense of Congress that Congress is agreed to. in agreement with the opinion of virtually has been good progress. The PRESIDING OFFICER. The Sen- the entire worldwide scientific community So I urge my colleagues for a big bi- ator from Alaska. that— partisan vote on this amendment. Ms. MURKOWSKI. Mr. President, at (1) climate change is real; I yield the floor. this time I know Senators are inter- (2) climate change is caused by human ac- The PRESIDING OFFICER. Who ested in coming to the floor and offer- tivities; yields time in opposition? ing their amendments. We have been (3) climate change has already caused dev- The Senator from Alaska. discussing a process forward on this astating problems in the United States and Ms. MURKOWSKI. Mr. President, I around the world; side of the aisle. (4) a brief window of opportunity exists be- urge colleagues to oppose the Schatz Earlier in the day Senator FISCHER fore the United States and the entire planet amendment. There is a distinct dif- had been working on an amendment suffer irreparable harm; and ference between this amendment and that she has agreed to modify. I under- (5) it is imperative that the United States what was previously considered in the stand that the other side has a side-by- transform its energy system away from fos- sense of the Congress, which would side that they will ask for consider- sil fuels and toward energy efficiency and refer to human activity that signifi- ation on. sustainable energy as rapidly as possible. cantly contributes to climate change, I know the Senator from Louisiana Mr. SANDERS. Mr. President, I will and the issue of degrees. And I would will be on the floor to speak on an be very brief. I especially wish to ap- suggest to colleagues that the inclu- amendment he would like considered, plaud Republican Senators. I believe, sion of that word is sufficient to merit and I understand there are a couple of for the very first time, a number of a ‘‘no’’ vote at this time. other Senators on the other side who them stood up and said: Climate I ask for the yeas and nays. wish to speak as well. change is real and climate change is

VerDate Sep 11 2014 04:14 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.010 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S332 CONGRESSIONAL RECORD — SENATE January 21, 2015 caused by human activities. This is a (The amendment is printed in today’s (1) by redesignating paragraphs (5) through significant step forward, and I think RECORD under ‘‘Text of Amendments.’’) (11) as paragraphs (6) through (12), respec- tively; that in the months and years to come AMENDMENT NO. 80, AS MODIFIED more and more Republicans will accept (2) by inserting after paragraph (4) the fol- Mr. VITTER. Mr. President, I ask lowing: that position because that is the posi- that the amendment be modified with ‘‘(5) COASTAL STATE.—The term ‘coastal tion of the scientific community. the changes at the desk. State’ means— What my amendment does is in fact The PRESIDING OFFICER. The ‘‘(A) each of the Gulf producing States; and repeat what we heard today and what amendment is so modified. ‘‘(B) effective for fiscal year 2016 and each we voted on; that climate change is The amendment, as modified, is as fiscal year thereafter, each of the States of real and that it is caused by human ac- follows: North Carolina, South Carolina, and Vir- tivities, but it also has three other pro- At the end, add the following: ginia.’’; (3) in paragraph (10) (as so redesignated), visions in it. It says climate change TITLE—OUTER CONTINENTAL SHELF OIL by striking subparagraph (A) and inserting has already caused devastating prob- AND GAS LEASING REVENUE lems in the United States and around the following: SEC. l01. REVENUE SHARING FROM OUTER CON- ‘‘(A) IN GENERAL.—The term ‘qualified the world. TINENTAL SHELF WIND ENERGY outer Continental Shelf revenues’ means all PRODUCTION FACILITIES. I think it is hard to argue against rentals, royalties, bonus bids, and other that. Whether it is drought or flood- The first sentence of section 8(p)(2)(B) of the Outer Continental Shelf Lands Act (43 sums due and payable to the United States— ing—in the United States or around the ‘‘(i) received on or after October 1, 2016, world—increased forest fires in the U.S.C. 1337(p)(2)(B)) is amended by inserting after ‘‘27 percent’’ the following: ‘‘, or, in the from leases entered into on or after Decem- Southwestern United States, rising sea case of projects for offshore wind energy pro- ber 20, 2006, with respect to the Gulf pro- levels or extreme weather conditions duction facilities, 37.5 percent’’. ducing States; and ‘‘(ii) from leases entered into on or after and the damage that does, it is very SEC. l02. OUTER CONTINENTAL SHELF LEASING hard to argue that climate change has PROGRAM REFORMS. October 1, 2015, with respect to each of the not caused severe and devastating Section 18(a) of the Outer Continental coastal States described in paragraph Shelf Lands Act (43 U.S.C. 1344(a)) is amend- (5)(B).’’; and problems in the United States already. (4) in paragraph (11) (as so redesignated), This amendment also says that a ed by adding at the end the following: ‘‘(5)(A) In each oil and gas leasing program by striking ‘‘Gulf producing State’’ each brief window of opportunity exists be- place it appears and inserting ‘‘coastal fore the United States and the entire under this section, the Secretary shall make available for leasing and conduct lease sales State’’. planet suffers irreparable harm. Again, including at least 50 percent of the available (b) DISPOSITION OF REVENUES.—Section 105 that is what the scientific community unleased acreage within each outer Conti- of the Gulf of Mexico Energy Security Act of is telling us. They are saying that dam- nental Shelf planning area (other than the 2006 (43 U.S.C. 1331 note; Public Law 109–432) age is being done today, now, and it North Aleutian Basin planning area or the is amended— will only get worse in years to come. North Atlantic planning area) considered to (1) in the section heading, by striking We have a brief window of opportunity have the largest undiscovered, technically ‘‘FROM 181 AREA, 181 SOUTH AREA, AND to prevent very serious problems. I recoverable oil and gas resources (on a total 2002-2007 PLANNING AREAS OF GULF OF hope my colleagues will support that btu basis) based on the most recent national MEXICO’’; provision. geologic assessment of the outer Continental (2) by striking ‘‘Gulf producing State’’ Lastly, and what logically follows Shelf, with an emphasis on offering the most each place it appears (other than paragraphs geologically prospective parts of the plan- (1) and (2) of subsection (b)) and inserting from the previous four positions, is the ning area. ‘‘coastal State’’; following: It is imperative that the ‘‘(B) The Secretary shall include in each (3) in subsection (a), by striking paragraph United States transforms its energy proposed oil and gas leasing program under (2) and inserting the following: system away from fossil fuels and to- this section any State subdivision of an ‘‘(2) 50 percent of qualified outer Conti- ward energy efficiency and sustainable outer Continental Shelf planning area (other nental Shelf revenues in a special account in energy as rapidly as possible. That than the North Aleutian Basin planning area the Treasury from which the Secretary shall doesn’t mean you close down every or the North Atlantic planning area) that disburse— coal-burning plant in America tomor- the Governor of the State that represents ‘‘(A) in the case of qualified outer Conti- row, but it does mean we move away that subdivision requests be made available nental Shelf revenues generated from outer for leasing. The Secretary may not remove Continental Shelf areas adjacent to Gulf pro- from fossil fuel to energy efficiency such a subdivision from the program until ducing States— and sustainable energy as rapidly as publication of the final program, and shall ‘‘(i) 75 percent to Gulf producing States in possible. include and consider all such subdivisions in accordance with subsection (b); and I think in terms of this bill we have any environmental review conducted and ‘‘(ii) 25 percent to provide financial assist- already made some good progress. I statement prepared for such program under ance to States in accordance with section will look for bipartisan support tomor- section 102(2) of the National Environmental 200305 of title 54, United States Code, which row so the Senate goes on record sup- Policy Act of 1969 (42 U.S.C. 4332(2)). shall be considered income to the Land and porting the overwhelming percentage ‘‘(C) In this paragraph, the term ‘available Water Conservation Fund for purposes of sec- of scientists who are in agreement with unleased acreage’ means that portion of the tion 200302 of that title; and outer Continental Shelf that is not under what this amendment says. ‘‘(B) in the case of qualified outer Conti- With that, I yield the floor. lease at the time of a proposed lease sale, nental Shelf revenues generated from outer and that has not otherwise been made un- Continental Shelf areas adjacent to coastal AMENDMENT NO. 80 TO AMENDMENT NO. 2 available for leasing by law. States described in section 102(5)(B), 100 per- (Purpose: To provide for the distribution of ‘‘(6)(A) In the 5-year oil and gas leasing cent to the coastal States in accordance with revenues from certain areas of the outer program, the Secretary shall make available subsection (b).’’; Continental Shelf) for leasing any outer Continental Shelf plan- (4) in subsection (b)— Mr. VITTER. Mr. President, I ask ning area (other than the North Aleutian (A) in the subsection heading, by striking unanimous consent to call up amend- Basin planning area or the North Atlantic ‘‘GULF PRODUCING STATES’’ and inserting ment No. 80, which I discussed pre- planning area) that— ‘‘COASTAL STATES’’; viously today and which is at the desk. ‘‘(i) is estimated to contain more than (B) by redesignating paragraph (3) as para- The PRESIDING OFFICER. Is there 2,500,000,000 barrels of oil; or graph (4); objection? ‘‘(ii) is estimated to contain more than (C) by inserting after paragraph (2) the fol- Without objection, it is so ordered. 7,500,000,000,000 cubic feet of natural gas. lowing: The clerk will report. ‘‘(B) To determine the planning areas de- ‘‘(3) ALLOCATION AMONG CERTAIN ATLANTIC The bill clerk read as follows: scribed in subparagraph (A), the Secretary STATES FOR FISCAL YEAR 2016 AND THERE- shall use the document entitled ‘Minerals AFTER.— The Senator from Louisiana [Mr. VITTER], Management Service Assessment of Undis- ‘‘(A) IN GENERAL.—Subject to subparagraph for himself and Mr. CASSIDY, proposes an covered Technically Recoverable Oil and Gas amendment numbered 80 to amendment No. (B), effective for fiscal years 2016 and each Resources of the Nation’s Outer Continental 2. fiscal year thereafter, the amount made Shelf, 2006’.’’. available under subsection (a)(2)(B) shall be Mr. VITTER. I ask unanimous con- SEC. l03. DISPOSITION OF REVENUES. allocated to each coastal State described in sent that reading of the amendment be (a) DEFINITIONS.—Section 102 of the Gulf of section 102(5)(B) in amounts (based on a for- dispensed with. Mexico Energy Security Act of 2006 (43 mula established by the Secretary by regula- The PRESIDING OFFICER. Without U.S.C. 1331 note; Public Law 109–432) is tion) that are inversely proportional to the objection, it is so ordered. amended— respective distances between the point on

VerDate Sep 11 2014 06:25 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.064 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S333 the coastline of each coastal State described compensation. Traditionally, property One landowner who has seen first- in section 102(5)(B) that is closest to the geo- could only be seized for public use, hand what can happen when a pipeline graphic center of the applicable leased tract such as a public park or a public road, is put on your property is Lori Collins. and the geographic center of the leased but increasingly the exercise of emi- In October of 2012 Lori Collins walked tract. nent domain has been used for private ‘‘(B) MINIMUM ALLOCATION.—The amount outside her home to find construction allocated to a coastal State described in sec- gain. workers for a TransCanada contractor tion 102(5)(B) each fiscal year under subpara- Many, including some of my most trying to clear the way for the south- graph (A) shall be at least 10 percent of the conservative friends on the other side ern leg of the Keystone Pipeline. They amounts available under subsection of the aisle, are outraged by the idea had dug up the lines to her septic sys- (a)(2)(B).’’; and that eminent domain proceedings could tem, completely destroying it. When (D) in paragraph (4) (as redesignated by be used to seize private property for she asked the workers to repair the subparagraph (B)), by striking ‘‘paragraphs private gain. damage, they did not. Instead, they (1) and (2)’’ and inserting ‘‘paragraphs (1), (2), President Bush issued an Executive and (3)’’; and piled dirt over the damage and clogged order restricting the use of eminent do- the system. The result was raw sewage (5) in subsection (f), by striking paragraph main by the Federal Government for (1) and inserting the following: flooding back into the Collins’ home, ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘the purpose of benefitting the general staining walls and carpets, leaving a the total amount of qualified outer Conti- public and not merely for the purpose black mold throughout their house, nental Shelf revenues made available to of advancing the economic interest of and leaving Lori Collins with severe coastal States under subsection (a)(2) shall private parties.’’ respiratory problems. The Collins fam- not exceed— The senior Senator from Texas intro- ily was eventually forced to move out ‘‘(A) in the case of the coastal States de- duced the Protections of Homes, Small of their home. While they were able to scribed in section 102(5)(A), Businesses, and Private Property Act get a settlement after suing Trans- ‘‘(i) $50,000,000 for each of fiscal years 2016 of 2005, which would have prohibited Canada, the family says they can never through 2025; and the use of eminent domain by Federal, ‘‘(ii) $250,000,000 for each of fiscal years 2026 repair the damage to their lives. State, or local government entities for through 2065; and Jim Tarnick, a farmer in Nebraska, ‘‘(B) in the case of the coastal States de- private economic development. has heard of TransCanada’s track I have been working very closely scribed in section 102(5)(B)— record and fears that he might have to with Senator CANTWELL on this amend- ‘‘(i) $500,000,000 for each of fiscal years 2016 suffer similar damage or, worse, face ment, and we agree with our conserv- though 2025; and an oilspill. TransCanada wants to put ‘‘(ii) $749,000,000 for each of fiscal years 2026 ative colleagues that using eminent do- through 2055.’’. main proceedings for private gain is the pipeline right through his front yard on his property that has been in Mr. VITTER. Thank you, Mr. Presi- outrageous. On the issue of Keystone, a foreign- his family for over 100 years. dent. Mr. Tarnick’s farm sits near the I yield the floor. owned company is using eminent do- Ogallala Aquifer, which provides crit- The PRESIDING OFFICER. The Sen- main to seize private property so it can ical freshwater for farmers and ranch- ator from New Jersey. better export Canadian oil. The project is not in the public interest, but it is ers in the heart of U.S. farm country. A AMENDMENT NO. 72 TO AMENDMENT NO. 2 pipeline spill such as the one on the Mr. MENENDEZ. Mr. President, I ask clearly in the special interest. I do not begrudge the fact that a Ca- Yellowstone River over the last few unanimous consent to set aside the days could damage the aquifer and pending amendment to call up my nadian company wants its subsidiary to build this pipeline so it can export therefore jeopardize a resource relied amendment No. 72 to protect private on by Nebraskan farms and ranches. property from unjust seizure by a for- foreign oil to distant shores through American infrastructure. They want to Mr. Tarnick fears he will be served eign corporation. with papers invoking eminent domain The PRESIDING OFFICER. Is there make a profit, and I understand that. But I do not think we should allow our on his property any day now. Trans- objection? Canada is asking that he and other Ne- Without objection, it is so ordered. sovereignty to be compromised in order to do it. braskans trust that they will protect The clerk will report. the Ogallala Aquifer and the liveli- The bill clerk read as follows: Right now the U.S. Federal Govern- ment is trying to build a ferry terminal hoods it supports. The Senator from New Jersey [Mr. MENEN- in Canada to serve Alaska, but Cana- Instead of forcing Mr. Tarnick to DEZ], for himself and Ms. CANTWELL, proposes host the Keystone Pipeline against his an amendment numbered 72 to amendment dians are protecting their sovereignty No. 2. and objecting to U.S. steel and other will, let’s instead let TransCanada U.S. content from being the sole source work with landowners who are willing Mr. MENENDEZ. Mr. President, I ask to take the risk and will be paid what unanimous consent that reading of the for the ferry terminal. I disagree with Canada on that point, but I understand they feel is fair rather than what amendment be dispensed with. TransCanada’s lawyers can convince a The PRESIDING OFFICER. Without they want to protect their sovereignty. judge is fair. objection, it is so ordered. Similarly, we need to protect Amer- Senator CANTWELL and I believe this The amendment is as follows: ican sovereignty and American land- owners from a Canadian-owned com- amendment is one of simple fairness (Purpose: To ensure private property cannot pany that wants to seize our private and should be a no-brainer, an easy be seized through condemnation or emi- amendment every Senator can support. nent domain for the private gain of a for- lands for private gain and force Ameri- eign-owned business entity) cans to take a risk of Canadian pollu- In recent years Republicans have in- sisted on similar language prohibiting In section 2 of the amendment, strike sub- tion. section (e) and insert the following: Over the weekend landowners along the use of eminent domain when we es- (e) PRIVATE PROPERTY PROTECTION.—Land the route of the Keystone XL Pipeline tablish national parks. If eminent do- or an interest in land for the pipeline and were seeing a pipeline spill on the Yel- main cannot be used to establish a na- cross-border facilities described in sub- lowstone River in Montana. It is hap- tional park in the public interest to section (a) may only be acquired from will- pening now. If we were to see pictures conserve our national treasures and ing sellers. of it, we would see that the efforts to preserve America’s beauty for future Mr. MENENDEZ. Mr. President, this clean up the spill are being hindered by generations, then surely it should not is a very simple amendment. It pro- a sheet of ice. Who knows what damage be used to benefit private interests—in hibits TransCanada from using emi- is being done by 50,000 gallons of oil in this case, in the interest of a foreign- nent domain proceedings to seize pri- this river. We might not know until owned oil company seeking to ship its vate property in order to build the spring. Landowners are wondering if product around the world. Keystone XL Pipeline. their family farm will be the victim of I call on my colleagues to be con- As we all know, eminent domain is a similar spill, wondering if property sistent, stand on principle and logic, the power of a governmental entity to that has been in their family for gen- protect landowners, and support my take private property and convert it erations can still be passed on to the amendment to protect private property into public use subject to reasonable next generation. from seizure by foreign corporations,

VerDate Sep 11 2014 06:05 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.012 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S334 CONGRESSIONAL RECORD — SENATE January 21, 2015 preserve our sovereignty, and preserve ing the Clinton-Gore administration, cause I know they have been told I the rights of U.S. citizens along the when Al Gore went to South America would explain what happened today. way. and came back with this idea of the My good friend, Senator WHITEHOUSE, With that, I yield the floor, and I Kyoto Treaty. We were all going to had an amendment. The amendment suggest the absence of a quorum. sign it, and if we didn’t, then we were was one sentence. It says that climate The PRESIDING OFFICER. The all going to die because of manmade change is real and it is not a hoax. clerk will call the roll. gases. There is a ruling against talking about The assistant legislative clerk pro- So we started looking at it to see if your own votes on the Senate floor, so ceeded to call the roll. the science really was there because I can’t do that. But that hoax came Mr. INHOFE. Mr. President, I ask the only science we had heard about from a totally different interpretation. unanimous consent that the order for was the IPCC. Well, sure enough, we The hoax was the idea that this is hap- the quorum call be rescinded. started getting phone calls from sci- pening—climate change. That it is due The PRESIDING OFFICER. Without entists all over the country. This was a to manmade gases. In other words, man objection, it is so ordered. long time ago. I started naming the is causing it. Mr. INHOFE. I ask unanimous con- scientists and groups of scientists who sent to speak as in morning business were calling in. We got up to 100 and So what I said on the Senate floor for such time as I shall consume. then to 1,000 and then to 4,000. This is today is: How arrogant is it for people The PRESIDING OFFICER. Without all on my Web site even though it was to say that man can do something objection, it is so ordered. a long time ago. We can see all of these about changing climate? Climate has CAP AND TRADE renowned scientists. always changed. I quoted this morn- Mr. INHOFE. Mr. President, first of Richard Lindzen is with MIT. He is ing—I said it has changed. Go back and all, let me address what happened one who is considered by a lot of people look at the archeological findings. today because I think it is significant. to be the foremost authority on this, They talk about climate from the be- I think a lot of people are a little bit and he is the one who came out ada- ginning of time having changed and confused over what did happen, and it mantly and said: No, the science is not changed both ways. The Scriptures was somewhat of a surprise. there. It is not settled. talk about it. This is something on As the Presiding Officer knows, I So several others started calling in. which everyone has agreed, and no one have been leading the opposition to In fact, I will quote him, if I have it would debate that it has always hap- this whole idea of cap and trade. It here, what Richard Lindzen actually pened. The debate is whether man is originated way back in 2001. Since that said at that time. He said: ‘‘Controlling causing that to happen. time, we have voted on it many times. carbon is a bureaucrat’s dream. If you So here we have a chart that shows— I will always remember that back in control carbon, you control life.’’ do you remember the hockey stick? those days most people believed that That is what bureaucrats would like The hockey stick was the concept that manmade gases were contributing to to do. The Presiding Officer under- one of the guys with the IPCC came global warming and that the world was stands that because he has served in out with and said that it is like a hock- going to come to an end because of the other House and is new here in the ey stick. We had this weather going manmade gases and CO2 emissions. Senate. like this for a long period of time. Then At that time, early on, I was on the Lindzen also said, talking about Al all of a sudden it shot up, and it resem- Environment and Public Works Com- Gore—Al Gore at that time was Vice bled a hockey stick. mittee. I think at that time I was not President of the United States. He was What they forgot was to put these chairman, but I was the chairman of the one who was really pushing this. He two things in the hockey stick where it one of the subcommittees, and I said: To treat all change as something is supposed to be level. One is the me- thought, it must be true, everybody to fear is bad enough. To do so in order dieval warming period that is between says it. to exploit that fear is much worse. 1000 and 1500 A.D. We are talking re- Well, some time went by and we got Of course, what Richard Lindzen of cently. Then that went into the little a report. The first one came from the MIT was talking about was the fact ice age. Those were left off the chart. Wharton School where they talked that Al Gore at that time—they specu- We have looked back, and everything about the fact that if we were to pass lated he would be the first environ- you look at talks about how many cap and trade—at that time there were mental billionaire. That was specu- years in the past we have had this two bills before the U.S. Senate—not in lated in the New York Times. Anyway, change that is taking place in climate. the House, just in the Senate—and after that happened, all the other sci- those bills would have been cap-and- entists started checking in. These are I am going to do this from memory. trade types of bills. So they calculated scientists who cannot be challenged— There are—in addition to these major what this would cost if we in the these individuals. We have hundreds changes such as you are seeing on this United States passed cap and trade. more, and I have a make on each one of chart, which is a chart that—this actu- This was way back in 2002, 2003. They these that I would be glad to discuss or ally is the IPCC’s chart. No one is said that the range of the cost to the debate with anyone. But at the same going to argue with that because they American people would be between $300 time, other things were happening. are the ones who dreamed up this billion and $400 billion a year. One of the universities here in Vir- whole idea. That is an intergovern- I do something that I don’t think ginia commissioned a poll to be done of mental panel on climate change. But very many people do, but I always do all of the weathercasters on TV. They within that—I can remember when I it. Every time I hear a large number, I came back with 63 percent of the first heard the terms global warming go back and get the latest figures from weathercasters saying that any global and ice age, it was when they went my State of Oklahoma as to how many warming that occurs is a result of nat- back and they started tracing not long- families file a Federal tax return, and ural variation and not human activi- term trends in climate change in then I do the math to determine how ties. weather but short term. Starting in much it is going to cost an average So when I hear people—I have good 1895, from 1895 to 1918, they had what family who pays taxes. It came back in friends on the other side that really be- they referred to as a cooling spell, pos- excess of $3,000 a year. I thought, that lieve this, and I think that one some- sibly another little ice age. Then in is a lot of money. Let’s be sure there is times has to open it up and realize 1918, it started getting warm again. So science behind this idea, knowing it all there is another side to this story. from 1918 to 1945 there was a little came from the United Nations. That is When they say that 97 percent, 98 per- warming period. That took place kind what started this whole thing. cent of the scientists agree, it just isn’t of every 30 years. Then in 1995, from By the way, this IPCC is the Inter- true. We have the names and things that period until 1975, for 30 years governmental Panel on Climate that have actually been said. again, it went into a cooling period. Change, and that is within the United I think one item that people are Here is the key. No one will argue Nations. That is where it all started. If going to have to remember—let me with the fact that 1945 was the year my colleagues remember, that was dur- first of all say what happened today be- that we had the maximum increase

VerDate Sep 11 2014 03:25 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.067 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S335

surge in CO2 emissions. That precip- have never seen before. This went on (Purpose: To amend the Internal Revenue itated not a warming period but a cool- and on, and we could quote Newsweek, Code of 1986 to clarify that products de- ing period. Then, of course, 1975 came the Guardian, and all the rest of them. rived from tar sands are crude oil for pur- along. It was known worldwide as a scandal. poses of the Federal excise tax on petro- leum) Where are the charts that showed What was the scandal? It was that they that in 1974—Time magazine or one of At the appropriate place, insert the fol- had a bunch of scientists who were say- lowing: those? Here it is. This is Time maga- ing we are going to have to pass some- SEC. lll. CLARIFICATION OF TAR SANDS AS zine. This is the front. They said: Is an- thing like cap and trade because man is CRUDE OIL FOR EXCISE TAX PUR- other ice age coming? This is 1974. This causing the world to come to an end. POSES. is making the case. Everybody believed So that is really what that was all (a) IN GENERAL.—Paragraph (1) of section it. They talked about global warming about. We are going to have the debate. 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows: before that and then another ice age. We want to do that. I chair the Com- We are all going to die one way or an- ‘‘(1) CRUDE OIL.—The term ‘crude oil’ in- mittee on Environment and of Public cludes crude oil condensates, natural gaso- other. Works. I chaired it 8 years ago. Then Put up the other chart, which is also line, synthetic petroleum, any bitumen or bi- when the Democrats got control of the tuminous mixture, any oil derived from a bi- Time magazine. This is when they said: Senate—and now I am back in that po- tumen or bituminous mixture, and any oil Oh, no, here is the last polar bear and sition. We will have a chance to have derived from kerogen-bearing sources.’’. all the ice—so we have another global hearings. We are going to have hear- (b) TECHNICAL AMENDMENT.—Paragraph (2) warming period. Both of them are from ings with prominent scientists to come of section 4612(a) of such Code is amended by Time magazine. Both are 30 years striking ‘‘from a well located’’. in and talk about this issue because all (c) EFFECTIVE DATE.—The amendments apart. This is what has been happening they say now is: Oh, the science is set- for a long period of time. made by this section shall apply to oil and tled; the science is settled. petroleum products received, entered, used, Recognizing this, we had a little ex- The science is not settled. That is the or exported during calendar quarters begin- perience that—getting back, I made a ning more than 60 days after the date of the determination that I would not only reason my good friend Senator WYDEN wants to make some remarks. That is enactment of this Act. support the Whitehouse amendment, Mr. WYDEN. Mr. President, this since it was just one sentence, it said the reason I made that statement today. I think we will have that very amendment closes a tax loophole that that climate is changing, and it is not currently places Canadian tar sands oil a hoax, but that I could clarify that healthy debate. But let’s keep in mind what the President was suggesting last ahead of the American taxpayer. While and maybe become a cosponsor to his oil produced here in the United States, amendment. So I did that on the floor night. It would cost the American peo- ple $479 billion a year, and that would in places such as North Dakota and just a few minutes ago. I said on the Texas, pays into a cleanup fund for oil floor that, yes, it is changing—no ques- constitute the largest tax increase in spills, tar sands does not. The bottom tion about that. But the hoax is that the history of America. That is one of line here is simple—when Canadian tar there are people who are so arrogant his legacies which he is trying during sands oil is spilled on American soil, they think they have the power to the last part of his presidency and the American taxpayer pays up. In ef- change climate. That is the hoax—not which he announced last night that he fect, it is possible to state what this is the fact that climate is changing. So is going to put as a top priority. We all about in straight forward English: that is what has been happening. will be there to be the truth squad in When some of the scientists came out that and make sure that my kids and right now, our Tax Code is so out of and they started changing back and grandkids—I have 20—are not going to date that it says that oil from the tar forth and all of a sudden people real- be encumbered with the largest tax in- sands isn’t actually oil. Put your arms ized this whole thing was cooked up by crease in the world, particularly when around that for a second. The Tax Code the United Nations—IPCC was part of their own director said: If you pass it, is in a time warp. Under the current policy, what concerns me is a judgment that group—then they found out that it will not reduce CO2 emissions. some of the scientists who were behind I yield floor. that oil from the tar sands isn’t actu- this were discovering that they had The PRESIDING OFFICER. The Sen- ally oil. some emails that were sent out saying ator from Oregon. All other crude oil product refiners and proving conclusively that they have to pay an 8-cent-per-barrel tax to AMENDMENT NO. 27 TO AMENDMENT NO. 2 support the oilspill liability trust fund were cooking the science, that these Mr. WYDEN. Mr. President, I ask scientists were lying. that pays for cleaning up the spills. unanimous consent to call up and This puts our own domestic pro- One of the things that was discovered make pending Wyden amendment No. and came out was an email from one of ducers at a competitive disadvantage. 27 to amend the Internal Revenue Code the scientists to another. It was 1999 I see my colleague from Colorado of 1986 to clarify that products derived and it read: I have just completed who cares greatly about these issues. I from tar sands are crude oil for pur- Mike’s nature trick, adding in the real am saying to myself, in Colorado or poses of the Federal excise tax on pe- temperatures of each of the series for Texas or North Dakota—in effect the troleum. the last 20 years. policy that we have today on tax law— In other words, they were cooking The PRESIDING OFFICER. Is there and I am the ranking Democrat on the the science at that time. This thing an objection? Senate finance committee—as I looked was such a scandal that throughout the Mr. INHOFE. No objection. at it, the first thing that came to mind world—we didn’t hear nearly as much The PRESIDING OFFICER. Without is we have a tax policy here that, with- in the United States, but we did objection it is so ordered. out the amendment I offer with my throughout the world. The UK Tele- The clerk will report. Senate finance colleagues, Senator graph, which is maybe the largest com- The assistant legislative clerk read MARKEY and others, we are putting do- munication in the UK, said that it is as follows: mestic American producers—whether it the worst scientific scandal of our gen- The Senator from Oregon [Mr. WYDEN], for is Colorado, North Dakota or Texas—at eration. himself, Mr. BENNET, Mr. BROWN, Ms. CANT- a competitive disadvantage. While do- What they are talking about is the WELL, Mr. CARDIN, Mr. CASEY, Mr. NELSON, mestic producers willingly contribute scientific scandal. They are trying to Ms. STABENOW, Mr. MENENDEZ, Mr. SCHUMER, to clean up the oil spills, their Cana- make it sound as if man is responsible Mr. MARKEY, Mr. MERKLEY, and Mr. DURBIN, dian competitors, and the tar sands up for all of these things. The Financial proposes an amendment numbered 27 to north of Edmonton, simply do not. Times came out and said the closed- amendment No. 2. This just defies commonsense. mindedness of these supposed men of Mr. WYDEN. Mr. President, I ask Oil from the tar sands is just as like- science is surprising even to me. The unanimous consent that reading of the ly to spill as other kinds of oil. Unfor- stink of an intellectual corruption is amendment be dispensed with. tunately, you don’t have to look much overpowering. The PRESIDING OFFICER. Without beyond today’s headlines to get a sense One of the IPCC physicists said that objection, it is so ordered. of what an oil spill actually means for climate-gate was a fraud on a scale I The amendment is as follows: communities across our country.

VerDate Sep 11 2014 06:05 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.076 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S336 CONGRESSIONAL RECORD — SENATE January 21, 2015 This past weekend an oil pipeline protect American citizens and Amer- given written notice of the delay to the ap- ruptured in Montana, pouring about ican communities, rather than giving plicant. 50,000 gallons of oil into the Yellow- an undeserved advantage to foreign oil. ‘‘(iii) NOTICE REQUIREMENTS.—Written no- tice under clause (ii) shall— stone River, 5 miles upstream from the I urge all of my colleagues to support ‘‘(I) be in the form of a letter from the Sec- city of Glendive. Now local residents this amendment, to reform the Inter- retary or a designee of the Secretary; and are reporting that their water smells nal Revenue Code of 1986, to clarify ‘‘(II) include the names and titles of the like diesel fuel. The officials tested the that those products derived from tar persons processing the application, the spe- water in Glendive and found oil in the sands are crude oil for purposes of the cific reasons for the delay, and a specific drinking water and along with it ele- Federal excise tax on petroleum. I hope date a final decision on the application is ex- vated levels of benzene, a cancer-caus- this amendment will generate bipar- pected. ‘‘(B) NOTICE OF REASONS FOR DENIAL.—If the ing agent. tisan support. No matter how a Sen- application is denied, the Secretary shall That is what is under consideration ator feels with respect to the pipeline, provide the applicant— with this amendment, making sure I do not see how you can make the case ‘‘(i) in writing, clear and comprehensive that all of the parties responsible—no that you should not correct something reasons why the application was not accept- matter where they are from—would that defies common sense. ed and detailed information concerning any pay their fair share when they put our Before the Presiding Officer came in, deficiencies; and citizens’ health and safety at risk. I made mention that right now the ab- ‘‘(ii) an opportunity to remedy any defi- ciencies. The double standard—the standard sence of the amendment that I offer ‘‘(C) APPLICATION CONSIDERED APPROVED.— that is much more exacting on our do- puts a disadvantage—a serious dis- ‘‘(i) IN GENERAL.—If the Secretary has not mestic producers than it is on the Ca- advantage—on all of America’s domes- made a decision on the application by the nadian tar sands producers—ought to tic producers. We did an awful lot to end of the 60–day period beginning on the be fixed. make it possible for Americans to get date the application is received by the Sec- Tar sands oil producers ought to pay relief at the pump. That does not make retary, the application is considered ap- into the same fund as other oil pro- any sense. So I hope my colleagues to- proved, except in cases in which existing re- ducers to clean up the spills. Because, views under the National Environmental morrow will support this amendment Policy Act of 1969 (42 U.S.C. 4321 et seq.) or make no mistake about it, at the end on a bipartisan basis to close a flagrant the Endangered Species Act of 1973 (16 U.S.C. of the day, without this amendment tax loophole, to end what amounts to 1531 et seq.) are incomplete. that closes the tar sands loophole, Ca- an inequity that hurts at a minimum ‘‘(ii) ENVIRONMENTAL REVIEWS.—Existing nadian tar sands oil will keep getting a our producers, but puts at risk our reviews under the National Environmental free ride. communities needlessly. Policy Act of 1969 (42 U.S.C. 4321 et seq.) and The last point I want to mention, is I yield the floor, and I suggest the ab- the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be completed not later just to put this issue in context. Before sence of a quorum. I chaired the Senate Finance Com- than 180 days after receiving an application The PRESIDING OFFICER (Mr. for the permit. mittee in the last Congress, I had the TILLIS). The clerk will call the roll ‘‘(iii) FAILURE TO COMPLETE.—If all existing honor of chairing the Senate Energy The assistant legislative clerk pro- reviews are not completed during the 180–day and Natural Resources Committee. In ceeded to call the roll. period described in clause (ii), the project session after session of the Energy and Mr. LEE. Mr. President, I ask unani- subject to the application shall be considered Natural Resources Committee, pro- mous consent that the order for the to have no significant impact in accordance ponents of the pipeline said: We have quorum call be rescinded. with section 102(2)(C) of the National Envi- got to have this to lower gas prices. If ronmental Policy Act of 1969 (42 U.S.C. The PRESIDING OFFICER. Without 4332(2)(C)) and section 7(a)(2) of the Endan- we are really going to lower gas prices, objection, it is so ordered. gered Species Act of 1973 (16 U.S.C. 1536(a)(2)) said the proponents—this was session AMENDMENT NO. 71 TO AMENDMENT NO. 2 and that classification shall be considered to after session after session—we have got Mr. LEE. Mr. President, I ask unani- be a final agency action. to build the pipeline. mous consent to set aside the pending ‘‘(D) DENIAL OF PERMIT.—If the Secretary Well, we have all seen that prices amendment to call up my amendment decides not to issue a permit to drill in ac- have fallen dramatically. To a great cordance with subparagraph (A), the Sec- No. 71. retary shall— extent it is due to exciting develop- The PRESIDING OFFICER. Without ments in the Bakken and others. We ‘‘(i) provide to the applicant a description objection, it is so ordered. of the reasons for the denial of the permit; are now essentially the Saudi Arabia of The clerk will report. ‘‘(ii) allow the applicant to resubmit an ap- oil production. This is good news. This The assistant legislative clerk read plication for a permit to drill during the 10– is like a tax cut for working-class fam- as follows: day period beginning on the date the appli- ilies across the country. cant receives the description of the denial One of the judgments I reached in The Senator from Utah [Mr. LEE] proposes from the Secretary; and an amendment numbered 71 to amendment ‘‘(iii) issue or deny any resubmitted appli- making the decision to oppose the No. 2. pipeline is I did not think it made cation not later than 10 days after the date Mr. LEE. Mr. President, I ask unani- the application is submitted to the Sec- much sense to tamper with something mous consent that reading of the retary. that was such a promising development amendment be dispensed with. ‘‘(E) JUDICIAL REVIEW.—Actions of the Sec- as real rate relief at the pump. A fair The PRESIDING OFFICER. Without retary carried out in accordance with this number of experts—yes, there is a dif- paragraph shall not be subject to judicial re- objection, it is so ordered. ference of opinion, but a fair number of view.’’. The amendment is as follows: experts—are concerned that the pipe- Mr. LEE. I yield the floor. line, if it is built, could actually raise (Purpose: To require a procedure for issuing The PRESIDING OFFICER. The Sen- permits to drill) prices, particularly for vulnerable ator from New Mexico. parts of the country. The Midwest At the appropriate place, insert the fol- Mr. UDALL. Mr. President, let me lowing: could be one, but certainly there could talk a little bit this evening about SEC. ll. APPLICATIONS FOR PERMITS TO DRILL be others. REFORM AND PROCESS. amendment No. 77 that I filed. This is So I had reservations about this from Section 17(p) of the Mineral Leasing Act an amendment I filed to the bill that is a variety of standpoints, including the (30 U.S.C. 226(p)) is amended by striking pending that we are now on, what I standpoint that tar sands are a very paragraph (2) and inserting the following: would call the oil sands pipeline. It has carbon-dense material. But I am par- ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL been called a jobs bill, I know, on the ticularly concerned tonight about the REFORM AND PROCESS.— other side. But, you know, the reality inequity of the tar sands loophole, ‘‘ (A) TIMELINE.— is, there are good construction jobs where the Canadians get a free ride at ‘‘ (i) IN GENERAL.—The Secretary shall de- here. But as soon as the pipeline is cide whether to issue a permit to drill not the expense of communities all across later than 30 days after receiving an applica- built, the permanent jobs are really the Nation. tion for the permit. very small. My amendment would close this fla- ‘‘(ii) EXTENSION.—The Secretary may ex- What we need to do—my belief—in grant abuse, close this loophole, help tend the period in clause (i) for up to 2 peri- terms of energy, is work to where there us put our tax priorities in order, and ods of 15 days each, if the Secretary has are larger numbers of jobs. I do not

VerDate Sep 11 2014 06:05 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.078 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S337 know whether people know this, but knowledge about what is working and and see if we can’t get it in line in the energy that is being added to the what isn’t working. terms of being considered. system now worldwide and in the But the major thing that is working This is an important debate about United States is renewable energy. is when we encourage a marketplace in our energy future. There is a lot of Sometimes it is wind, sometimes it is renewable energy. We don’t necessarily work to be done. I hope we can work solar, to a lesser extent biofuels, bio- call out winners and losers. I know together. mass and things like that. But the re- that is something that on both sides of We are at a crossroads in our energy newable sector is growing. The new en- the aisle we object to when we said: policy. We can lead the world in clean ergy is growing. Some of this is rather This is going to be a winning form, energy production with wind, solar, dramatic in terms of the numbers and that is not going to be a winning form. and advanced biofuels. We can reduce the size. That is the direction clearly What we are doing is saying: Let’s global warming pollution. We can be- we need to head, because we want to in try to move toward renewables. Let’s come energy independent—and create the future be lessening our carbon foot- put a goal out there and then let’s let permanent American jobs. print. There is absolutely no dispute the marketplace work on that. Let’s That is our future. That should be that we need to be moving in that di- see innovation. Let’s move forward our priority. We have the technology. rection. That is where all the scientists down that road. We have seen the 29 We have the resources. We need the are. States do it and the District of Colum- commitment. That is why we need a We are even seeing today in the bia. national Renewable Electricity Stand- amendments that we have on the floor My proposal in this amendment—and ard. It takes us forward. our friends across the aisle agreeing it is one I have worked on—has a good My amendment would require utili- that we have got a real problem with history. One of the things we know is ties to generate 25 percent of elec- climate change and that human beings when Senator Bingaman was in the tricity from renewable resources—by are causing this and we need to address Senate and head of the Energy and 2025. this. I applaud them stepping forward Natural Resources Committee, he was There are many benefits to a na- and saying that. How do you do this? able to pass through the Senate three tional RES. It would create 300,000 How do you encourage more of the re- times, over his career as chairman, a jobs. Over 50 percent of these jobs are newable forms of energy? renewable electricity center out of the in manufacturing. It would save con- Let me say before I get into that, my Senate. sumers $64 billion by 2025—and $95 bil- hope is to have a discussion with the When I was in the House of Rep- lion by 2030—in their utility bills. two Senators who are on side who are resentatives from 1998 to 2008, my cous- There would be $263 billion in new cap- leading the debate here, Senator BOXER in Mark Udall and I worked on a re- ital investment. It would provide over and Senator CANTWELL, about offering newable electricity standard in the $13 billion to farmers, ranchers, and this amendment and getting in line in House. For the first time we were able other landowners in the form of lease the next tranche of amendments. to get a bill through the House of Rep- payments, creating new economic ac- But how do you get moving in the di- resentatives. So our big challenge al- tivity in rural communities across the rection of more renewable energy? ways was we were never able to match U.S. It would add more than $11 billion Well, we already know we have got a the House bill and the Senate bill and in new local tax revenues—and revi- very good pattern here. We have start- put in place something that a Presi- talize communities, especially rural ed in the States and started in the Dis- dent can sign and have a national communities. trict of Columbia, where more than standard. That is where we are today. I have pushed for this ever since I half of our States in the United States We have had good support, and really came to Congress. The House passed it. of America have adopted what have what this amendment would do is set The Senate has passed a version of this been called renewable electricity up a national marketplace. Many three times. standards. New Mexico has one. We States across the Nation, and almost New Mexico and over half the States have 15 percent by 2015. Some of our every State, have renewable energy. If already have an RES. The States are bigger States have been more aggres- you go into the South, it may be more moving in that direction. The Nation sive. States such as California and New biomass than it is of solar. If you go to needs to move in that direction. York are really pushing the envelope. the West and Midwest, it may be more I have long said we need to do it all, They are saying by about 2025 we are wind and solar, but it depends on loca- and do it right as an energy policy. going to have 30 percent or close to 30 tion. That includes traditional energy percent renewable energy. So, really, What is clear from all of the experts sources. Oil and gas play an important what they are doing by putting a who looked at this is it is very easy to role in my State. New Mexico is a lead- standard in place is they are saying to focus on when you have a goal, and you ing producer of both. We have strong, their power companies in their State: say, in the case of this amendment, by independent companies. They employ This is important to do. We know it is 2025, let’s get 25 percent of our energy over 12,000 New Mexicans. They help cost effective. Go out and develop your from renewable sources. So if we have pay for our schools and other public portfolio so that you put more renew- a goal like that, we could get there. services. able energy in it. I am urging everybody to take a look We invested in the oil industry. We The remarkable thing, looking at this amendment to see what it is also need to invest in wind, solar, and around the country, is how many that we should be doing. biofuels. States have done this. We have seen 29 If we are talking about moving down The U.S. has incredible wind energy States, I believe, including the District the road with this proposal that we potential—enough to power the Nation of Columbia, for a number of years now have before us, where we are scav- 10 times over. My State has some of that have put a renewable electricity enging, in a way, for the dirtiest forms the best wind resources in the Nation— standard in place. So that is something of energy, these tar sands—which are enough to meet more than 73 times the that we know is working at the State much dirtier than the environmental State’s current electricity needs. level. impact statement said. Not only are Wind power has almost no carbon In fact, my Senator from New Mex- they dirtier by about 17 percent, but pollution. It uses virtually no water. It ico—who retired just a couple of years when you tear down all those forests, already saves folks in my State 470 ago, Senator Bingaman—one of the which are taking carbon dioxide out of million gallons of water a year. things he did was go out to Stanford the atmosphere, you are putting your- The U.S. solar industry employs and study all of these renewable elec- self in a position where you are headed more than 143,000 Americans—more tricity standards that were in place down the wrong road in terms of easing than coal and natural gas combined. and came up with ideas on the best our carbon footprint. Solar jobs grew 10 times faster than practices and where there were dis- I ask all of my colleagues on both the national average. advantages. He has actually published sides of the aisle to take a look at this These are well-paying, local jobs. a report with a bunch of other re- amendment. I will visit with the lead- These are permanent jobs, and they searchers. So there is good wealth of ers on the floor about this amendment won’t be shipped overseas.

VerDate Sep 11 2014 06:05 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.081 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S338 CONGRESSIONAL RECORD — SENATE January 21, 2015 Now is the time to build on the mo- ing the People’s Republic of China to double generate their own level of passion and mentum and invest in a clean energy its greenhouse gas emissions between now emotion, and again the chance to bring economy. Now is the time to create en- and 2030. forth issues we have been waiting for (3) While coal fired electricity remains the ergy at home and jobs at home—now, least expensive energy alternative, the re- some period of time to have before us. not later. We can’t lose this market to duction of coal use because of the Agreement While some may suggest these are our overseas competitors in Germany, would result in a 25 percent increase in elec- hard issues and hard votes to take, no- China, and elsewhere. They can see the tricity prices in the United States in 2025, body ever said voting should be easy future too—and they are going after it. according to analysis conducted by the En- here in the Senate. The issues that A national Renewable Electricity ergy Information Administration. come before us are issues the Nation Standard gives certainty to business, (4) The people of China will not see similar considers and that we as their rep- to companies that are looking to invest electricity price increases as they continue resentatives should take seriously. So to use low cost coal without limit for the billions of dollars in our economy, to foreseeable future, at least until 2030. sometimes there are hard votes, and we manufacture wind turbines, solar pan- (5) Increases in the price of electricity can will argue and debate over the wording els, and other renewable energy compo- cause job losses in the United States indus- and critically, and that is appropriate. nents. trial sector, which includes manufacturing, So again, looking forward to tomor- We have a great opportunity to grow agriculture, and construction. row, we have an opportunity to have our manufacturing sector, to create (6) The price of electricity is a top consid- now eight amendments that will be jobs, and to move toward a cleaner en- eration for job creators when locating manu- pending tomorrow afternoon, and I ergy future. facturing facilities, especially in energy-in- look forward to the continued discus- tensive manufacturing such as steel and alu- This is a new Congress. Let’s find minum production. sion and a new day. common ground, and let’s move for- (7) Requiring mandatory cuts in green- With that, Mr. President, I yield the ward. house gas emissions in the United States floor, and I suggest the absence of a I suggest the absence of a quorum. while allowing nations such as China and quorum. The PRESIDING OFFICER. The India to increase their greenhouse gas emis- The PRESIDING OFFICER. The clerk will call the roll. sions results in jobs moving from the United clerk will call the roll. The assistant legislative clerk pro- States to other countries, especially to The assistant legislative clerk pro- ceeded to call the roll. China and India, and is economically unfair. ceeded to call the roll. Ms. MURKOWSKI. Mr. President, I (8) Imposing disparate greenhouse gas Mr. MCCONNELL. Mr. President, I emissions commitments for the United ask unanimous consent that the order ask unanimous consent that the order States and countries such as China and India for the quorum call be rescinded. is environmentally irresponsible because it for the quorum call be rescinded. The PRESIDING OFFICER. Without results in greater emissions as businesses The PRESIDING OFFICER. Without objection, it is so ordered. move to countries with less stringent stand- objection, it is so ordered. AMENDMENT NO. 78 TO AMENDMENT NO. 2 ards. f Ms. MURKOWSKI. Mr. President, on (9) Union members, families, consumers, communities, and local institutions like MORNING BUSINESS behalf of Senator BLUNT, I ask unani- schools, hospitals, and churches are hurt by Mr. MCCONNELL. Mr. President, I mous consent to call up amendment the resulting job losses. ask unanimous consent that the Sen- No. 78, which is at the desk. (10) The poor, the elderly, and those on ate proceed to a period of morning The PRESIDING OFFICER. Without fixed incomes are hurt the most by the business, with Senators permitted to objection, it is so ordered. President’s promised increased electricity speak for up to 10 minutes each. rates. The clerk will report. The PRESIDING OFFICER. Without The assistant legislative clerk read (b) SENSE OF THE SENATE.—It is the sense objection, it is so ordered. as follows: of the Senate that— (1) the Agreement negotiated between the The Senator from Utah. The Senator from Alaska [Ms. MUR- President and the President of the People’s f KOWSKI], for Mr. BLUNT, for himself and Mr. Republic of China has no force and effect in INHOFE, proposes an amendment numbered 78 the United States; REMEMBERING BECKY LOCKHART to amendment No. 2. (2) the Agreement between the President Mr. LEE. Mr. President, I rise today Ms. MURKOWSKI. I ask unanimous and the President of the People’s Republic of to pay tribute to Becky Lockhart, consent that reading of the amendment China is a bad deal for United States con- former Speaker of the Utah House of be dispensed with. sumers, workers, families, and communities, Representatives, who tragically passed and is economically unfair and environ- The PRESIDING OFFICER. Without away on January 17, after a brief battle objection, it is so ordered. mentally irresponsible; (3) the Agreement, as well as any other bi- with a rare and devastating disease. The amendment is as follows: lateral or international agreement regarding Becky Lockhart was the first woman (Purpose: To express the sense of the Senate greenhouse gas emissions such as the United to serve as Speaker of the House in the regarding the conditions for the President Nation’s Framework Convention on Climate State of Utah. She did so in a truly ex- entering into bilateral or other inter- Change in Paris in December 2015, requires traordinary manner. She established a national agreements regarding greenhouse the advice and consent of the Senate and pattern of leadership that will be a gas emissions without proper study of any must be accompanied by a detailed expla- adverse economic effects, including job model and a guide for wise legislative nation of any legislation or regulatory ac- leaders in our State and across this losses and harm to the industrial sector, tions that may be required to implement the and without the approval of the Senate) Agreement and an analysis of the detailed fi- great Nation for many, many years to At the appropriate place, insert the fol- nancial costs and other impacts on the econ- come. lowing: omy of the United States which would be in- I affectionately yet admiringly refer SEC. ll. SENSE OF THE SENATE REGARDING BI- curred by the implementation of the Agree- to Speaker Lockhart as the iron lady LATERAL OR OTHER INTER- ment; of Utah as she possessed so many of the NATIONAL AGREEMENTS REGARD- (4) the United States should not be a signa- qualities of the original iron lady, Mar- ING GREENHOUSE GAS EMISSIONS. tory to any bilateral or other international garet Thatcher. Grounded in conserv- (a) FINDINGS.—The Senate makes the fol- agreement on greenhouse gases if it would ative principles, passionate about pol- lowing findings: result in serious harm to the economy of the (1) On November 11, 2014, President Barack United States; and icy, and committed to federalism and Obama and President Xi Jinping of the Peo- (5) the United States should not agree to local control, she knew where she stood ple’s Republic of China announced the ‘‘U.S.- any bilateral or other international agree- and she stood firm every single time. China Joint Announcement on Climate ment imposing disparate greenhouse gas She followed the admonition of an- Change and Clean Energy Cooperation’’ (in commitments for the United States and other great leader in American poli- this section referred to as the ‘‘Agreement’’) other countries. tics, Abraham Lincoln, who said, ‘‘I reflecting ‘‘the principle of common but dif- Ms. MURKOWSKI. Mr. President, we will stand with anybody that stands ferentiated responsibilities and respective capabilities, in light of different national are wrapped up here for the evening so right, stand with him while he is right circumstances’’. far as amendments, and I just want to and part with him when he goes (2) The Agreement stated the United thank colleagues for the discussion we wrong.’’ States intention to reduce its greenhouse gas have had today, the opportunity to Professionally trained as a nurse, emissions by one-quarter by 2025 while allow- bring forward some issues that clearly Speaker Lockhart also understood the

VerDate Sep 11 2014 06:05 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.069 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S339 softer yet equally important gifts of ing family gathered at her bedside. I, too, will miss Becky dearly. May compassion and concern, as well as lis- Becky leaves behind a legacy of leader- her memory always serve as a model of tening and laughter. Even in the most ship and passionate advocacy that will compassion, selflessness, and dedicated heated discussion, she could change a resonate for years to come. It was this public service. room with a flash of her charismatic same passion and resilience that de- f smile, a wink and a grin, or even some fined her tenure as Speaker of the Utah COMMITTEE ON ENVIRONMENT well-worded sarcasm to provide a little House. She was a dedicated public serv- AND PUBLIC WORKS RULES OF bit of levity. ant who always rose to meet our Combining her nurse’s intuition and State’s challenges with wisdom and PROCEDURE strong leadership made her the perfect strength. Mr. INHOFE. Mr. President, the combination of satin and steel. She Becky’s career was a model of selfless Committee on Environment and Public could and would and did stand up to service. Guided by a desire to help oth- Works has adopted rules governing its any political or business bureaucracy, ers, she studied nursing at Brigham procedures for the 114th Congress. Pur- forcefully correct a colleague, rebuke Young University. Before entering pub- suant to rule XXVI, paragraph 2, of the an inaccurate report, and challenge the lic service, Becky worked as a reg- Standing Rules of the Senate, I ask small-minded ideas and thinkers. Less istered nurse for 7 years, during which unanimous consent that a copy of the reported was her impact and influence time she treated thousands of patients committee rules be printed in the as a mentor to new members of the and became intimately familiar with RECORD. Utah House of Representatives, her health care issues affecting Utah fami- There being no objection, the mate- work in helping more women become lies. Her experience as a nurse would rial was ordered to be printed in the involved in the political process, and later shape her career as a legislator, RECORD, as follows: how she gave voice to those who did and as Speaker of the House, she be- COMMITTEE ON ENVIRONMENT AND PUBLIC not have a strong voice of their own. came a powerful advocate for State- WORKS Above all, Speaker Lockhart looked based health care reform. I had the op- Jurisdiction out for, longed to be with, cherished portunity to discuss these and many Rule XXV, Standing Rules of the Senate and loved her family. She knew that other issues with Becky throughout 1. The following standing committees shall the work she did in the walls of her the years. In doing so, I was always im- be appointed at the commencement of each own home was the most important pressed with her eloquence, her intel- Congress, and shall continue and have the work she would or could ever do. Becky ligence, and her commitment to the power to act until their successors are ap- also recognized that family is the bul- State of Utah. pointed, with leave to report by bill or other- wark of society and the strength of our Becky was first elected to the Utah wise on matters within their respective ju- risdictions: Nation. House of Representatives in 1998, and More than the ink of good press and she quickly distinguished herself as a ******* the accolades of others, Speaker persuasive collaborator, a passionate (h)(1) Committee on Environment and Pub- Lockhart knew that her most impor- legislator, and one of the hardest-work- lic Works, to which committee shall be re- tant legacy would not be recorded in ing representatives in the legislature. ferred all proposed legislation, messages, pe- titions, memorials, and other matters relat- history books, it would not be recorded Her colleagues recognized her leader- ing to the following subjects: in the Utah State code that has so ship abilities and elected her Assistant 1. Air pollution. many of her words written on it. No, it Majority Whip in 2008. Just 2 years 2. Construction and maintenance of high- would be written in the hearts of her later, Becky made history when she be- ways. family and her friends. came the first women to serve as 3. Environmental aspects of Outer Conti- I have been lifted by Becky Speaker of the House in Utah. Through nental Shelf lands. Lockhart’s leadership, inspired by her her remarkable career, she trail-blazed 4. Environmental effects of toxic sub- insight and her integrity, and encour- a path for generations of women to fol- stances, other than pesticides. 5. Environmental policy. aged by her commitment to the U.S. low and became known as Utah’s ‘‘Iron 6. Environmental research and develop- Constitution, and her love of country Lady.’’ ment. and am most blessed to call her my Utah grew under Becky’s leadership. 7. Fisheries and wildlife. friend. Speaker Becky Lockhart, the She championed legislation that mod- 8. Flood control and improvements of riv- iron lady of Utah, will indeed be her- ernized our State’s transportation sys- ers and harbors, including environmental as- alded for her satin-and-steel leadership tem, strengthened our infrastructure, pects of deepwater ports. in the Utah House of Representatives. and promoted technological advance- 9. Noise pollution. ment. During her last year as Speaker, 10. Nonmilitary environmental regulation She will indeed be remembered for all and control of nuclear energy. that she did, but more significantly she she spearheaded an ambitious edu- 11. Ocean dumping. will hold a special place in countless cation initiative aimed at putting 12. Public buildings and improved grounds hearts because of who she was. technology directly into the hands of of the United States generally, including I pay tribute to this special person, Utah students. Her leadership spurred Federal buildings in the District of Colum- this amazing leader, and this beloved a much-needed discussion on ways to bia. friend, whose loss we mourn this very improve Utah’s education system to 13. Public works, bridges, and dams. week, and who some Members of this equip our students with the resources 14. Regional economic development. they need to succeed academically. 15. Solid waste disposal and recycling. body were privileged to know. It is my 16. Water pollution. honor to do so. Many are familiar with Becky’s pub- 17. Water resources. The PRESIDING OFFICER. The Sen- lic life, but of even greater importance (2) Such committee shall also study and re- ator from New Mexico is recognized. was her personal life. Before she was view, on a comprehensive basis, matters re- Mr. UDALL. Mr. President, let me House Speaker and even before she be- lating to environmental protection and re- say to my cousin, my heart goes out to came a well-known political figure, source utilization and conservation, and re- you, and my condolences on what you Becky was, first and foremost, a won- port thereon from time to time. have talked about here today. I really derful wife and a loving mother. Becky RULES OF PROCEDURE appreciate you coming down and talk- and her husband, Stan, created a RULE 1. COMMITTEE MEETINGS IN GENERAL ing so sincerely about that. strong partnership in politics and in (a) REGULAR MEETING DAYS: For purposes Mr. HATCH. Mr. President, I am parenthood as they lovingly raised of complying with paragraph 3 of Senate grateful for the opportunity to pay their three children, Hannah, Emily, Rule XXVI, the regular meeting day of the tribute to a remarkable woman, a lov- and Stephen. I know that Stan and his committee is the first and third Thursday of ing wife, and a caring mother—former family will miss Becky most of all. each month at 10:00 a.m. If there is no busi- Utah Speaker of the House Rebecca During this time of heartrending loss, I ness before the committee, the regular meet- ing shall be omitted. ‘‘Becky’’ Lockhart. pray that they may feel the comforting (b) ADDITIONAL MEETINGS: The chair may After weeks of battling a rare degen- embrace of God’s love and find peace in call additional meetings, after consulting erative disease, Becky quietly passed the memories they share with this re- with the ranking minority member. Sub- away on January 17, 2015, with her lov- markable woman. committee chairs may call meetings, with

VerDate Sep 11 2014 06:21 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.079 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S340 CONGRESSIONAL RECORD — SENATE January 21, 2015 the concurrence of the chair, after con- ranking minority member of the committee results of the vote, including a tabulation of sulting with the ranking minority members or subcommittee, determines that there is the votes cast in favor and the votes cast of the subcommittee and the committee. good cause to provide a shorter period, in against the proposition by each member of (c) PRESIDING OFFICER: which event the announcement and notice the committee. (1) The chair shall preside at all meetings shall be issued at least twenty-four hours in (2) Whenever the committee reports any of the committee. If the chair is not present, advance of the hearing. measure or matter by rollcall vote, the re- the ranking majority member shall preside. (b) STATEMENTS OF WITNESSES: port shall include a tabulation of the votes (2) Subcommittee chairs shall preside at (1) A witness who is scheduled to testify at cast in favor of and the votes cast in opposi- all meetings of their subcommittees. If the a hearing of the committee or a sub- tion to the measure or matter by each mem- subcommittee chair is not present, the rank- committee shall file 100 copies of the written ber of the committee. ing majority member of the subcommittee testimony at least 48 hours before the hear- RULE 6. SUBCOMMITTEES shall preside. ing. If a witness fails to comply with this re- (a) Regularly Established Subcommittees: (3) Notwithstanding the rule prescribed by quirement, the presiding officer may pre- The committee has four subcommittees: paragraphs (1) and (2), any member of the clude the witness’ testimony. This rule may Transportation and Infrastructure; Clean Air committee may preside at a hearing. be waived for field hearings, except for wit- and Nuclear Safety; Superfund, Waste Man- (d) OPEN MEETINGS: Meetings of the com- nesses from the Federal Government. agement, and Regulatory Oversight; and mittee and subcommittees, including hear- (2) Any witness planning to use at a hear- Fisheries, Water, and Wildlife. ings and business meetings, are open to the ing any exhibit such as a chart, graph, dia- (b) MEMBERSHIP: The committee chair, public. A portion of a meeting may be closed gram, photo, map, slide, or model must sub- after consulting with the ranking minority to the public if the committee determines by mit one identical copy of the exhibit (or rep- member, shall select members of the sub- roll call vote of a majority of the members resentation of the exhibit in the case of a committees. present that the matters to be discussed or model) and 100 copies reduced to letter or RULE 7. STATUTORY RESPONSIBILITIES AND the testimony to be taken— legal paper size at least 48 hours before the OTHER MATTERS (1) will disclose matters necessary to be hearing. Any exhibit described above that is (a) ENVIRONMENTAL IMPACT STATEMENTS: kept secret in the interests of national de- not provided to the committee at least 48 No project or legislation proposed by any ex- fense or the confidential conduct of the for- hours prior to the hearing cannot be used for ecutive branch agency may be approved or eign relations of the United States; purpose of presenting testimony to the com- otherwise acted upon unless the committee (2) relate solely to matters of committee mittee and will not be included in the hear- has received a final environmental impact staff personnel or internal staff management ing record. statement relative to it, in accordance with or procedure; or (3) The presiding officer at a hearing may section 102(2)(C) of the National Environ- (3) constitute any other grounds for clo- have a witness confine the oral presentation mental Policy Act, and the written com- sure under paragraph 5(b) of Senate Rule to a summary of the written testimony. ments of the Administrator of the Environ- XXVI. (4) Notwithstanding a request that a docu- mental Protection Agency, in accordance (e) BROADCASTING: ment be embargoed, any document that is to with section 309 of the Clean Air Act. This (1) Public meetings of the committee or a be discussed at a hearing, including, but not rule is not intended to broaden, narrow, or subcommittee may be televised, broadcast, limited to, those produced by the General otherwise modify the class of projects or leg- or recorded by a member of the Senate press Accounting Office, Congressional Budget Of- islative proposals for which environmental gallery or an employee of the Senate. fice, Congressional Research Service, a Fed- impact statements are required under sec- (2) Any member of the Senate Press Gal- eral agency, an Inspector General, or a non- tion 102(2)(C). lery or employee of the Senate wishing to governmental entity, shall be provided to all (b) PROJECT APPROVALS: televise, broadcast, or record a committee members of the committee at least 72 hours (1) Whenever the committee authorizes a meeting must notify the staff director or the before the hearing. project under Public Law 89–298, the Rivers staff director’s designee by 5:00 p.m. the day RULE 4. BUSINESS MEETINGS: NOTICE AND and Harbors Act of 1965; Public Law 83–566, before the meeting. FILING REQUIREMENTS the Watershed Protection and Flood Preven- (3) During public meetings, any person (a) NOTICE: The chair of the committee or tion Act; or Public Law 86–249, the Public using a camera, microphone, or other elec- Buildings Act of 1959, as amended; the chair- tronic equipment may not position or use the subcommittee shall provide notice, the agenda of business to be discussed, and the man shall submit for printing in the Con- the equipment in a way that interferes with gressional Record, and the committee shall the seating, vision, or hearing of committee text of agenda items to members of the com- mittee or subcommittee at least 72 hours be- publish periodically as a committee print, a members or staff on the dais, or with the or- report that describes the project and the rea- derly process of the meeting. fore a business meeting. If the 72 hours falls over a weekend, all materials will be pro- sons for its approval, together with any dis- RULE 2. QUORUMS vided byclose of business on Friday. senting or individual views. (a) BUSINESS MEETINGS: At committee (b) AMENDMENTS: First-degree amendments (2) Proponents of a committee resolution business meetings, and for the purpose of ap- must be filed with the chair of the com- shall submit appropriate evidence in favor of proving the issuance of a subpoena or ap- mittee or the subcommittee at least 24 hours the resolution. (c) BUILDING PROSPECTUSES: proving a committee resolution, seven mem- before a business meeting. After the filing (1) When the General Services Administra- bers of the committee, at least two of whom deadline, the chair shall promptly distribute tion submits a prospectus, pursuant to sec- are members of the minority party, con- all filed amendments to the members of the tion 7(a) of the Public Buildings Act of 1959, stitute a quorum, except as provided in sub- committee or subcommittee. as amended, for construction (including con- section (d). (c) MODIFICATIONS: The chair of the com- struction of buildings for lease by the gov- (b) SUBCOMMITTEE MEETINGS: At sub- mittee or the subcommittee may modify the ernment), alteration and repair, or acquisi- committee business meetings, a majority of notice and filing requirements to meet spe- tion, the committee shall act with respect to the subcommittee members, at least one of cial circumstances, with the concurrence of the prospectus during the same session in whom is a member of the minority party, the ranking member of the committee or constitutes a quorum for conducting busi- which the prospectus is submitted. subcommittee. A prospectus rejected by majority vote of ness. RULE 5. BUSINESS MEETINGS: VOTING the committee or not reported to the Senate (c) CONTINUING QUORUM: Once a quorum as during the session in which it was submitted prescribed in subsections (a) and (b) has been (a) PROXY VOTING: (1) Proxy voting is allowed on all meas- shall be returned to the General Services Ad- established, the committee or subcommittee ures, amendments, resolutions, or other mat- ministration and must then be resubmitted may continue to conduct business. ters before the committee or a sub- in order to be considered by the committee (d) REPORTING: No measure or matter may be reported to the Senate by the committee committee. during the next session of the Congress. (2) A member who is unable to attend a (2) A report of a building project survey unless a majority of committee members business meeting may submit a proxy vote submitted by the General Services Adminis- cast votes in person. on any matter, in writing, orally, or through tration to the committee under section 11(b) (e) HEARINGS: One member constitutes a of the Public Buildings Act of 1959, as quorum for conducting a hearing. personal instructions. (3) A proxy given in writing is valid until amended, may not be considered by the com- 3. HEARINGS revoked. A proxy given orally or by personal mittee as being a prospectus subject to ap- (a) ANNOUNCEMENTS: Before the committee instructions is valid only on the day given. proval by committee resolution in accord- or a subcommittee holds a hearing, the chair (b) SUBSEQUENT VOTING: Members who were ance with section 7(a) of that Act. A project of the committee or subcommittee shall not present at a business meeting and were described in the report may be considered for make a public announcement and provide unable to cast their votes by proxy may committee action only if it is submitted as a notice to members of the date, place, time, record their votes later, so long as they do so prospectus in accordance with section 7(a) and subject matter of the hearing. The an- that same business day and their vote does and is subject to the provisions of paragraph nouncement and notice shall be issued at not change the outcome. (1) of this rule. least one week in advance of the hearing, un- (c) PUBLIC ANNOUNCEMENT: (d) NAMING PUBLIC FACILITIES: The com- less the chair of the committee or sub- (1) Whenever the committee conducts a mittee may not name a building, structure committee, with the concurrence of the rollcall vote, the chair shall announce the or facility for any living person, except

VerDate Sep 11 2014 06:05 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.020 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S341 former Presidents or former Vice Presidents amendment has been delivered to each Mem- period involved to subpoena the same with- of the United States, former Members of ber of the Committee at least 24 hours (not out the Ranking Minority Member’s concur- Congress over 70 years of age, former Jus- counting Saturdays, Sundays, and federal rence. Regardless of whether a subpoena has tices of the United States Supreme Court holidays) before the meeting at which the been concurred in by the Ranking Minority over 70 years of age, or Federal judges who amendment is to be proposed. This para- Member, such subpoena may be authorized are fully retired and over 75 years of age or graph may be waived by a majority vote of by vote of the Members of the Committee. have taken senior status and are over 75 the Members and shall apply only when 72- When the Committee or Chairman authorizes years of age. hour written notice has been provided in ac- a subpoena, the subpoena may be issued upon RULE 8. AMENDING THE RULES cordance with paragraph (F). the signature of the Chairman or of any II. QUORUMS other Member of the Committee designated The rules may be added to, modified, by the Chairman. amended, or suspended by vote of a majority (A) Subject to the provisions of paragraph (F) Except as specified in Committee Rule of committee members at a business meeting (B), eight Members of the Committee shall VII (requiring oaths, under certain cir- if a quorum is present. constitute a quorum for the reporting or ap- cumstances, at hearings to confirm Presi- f proving of any measure or matter or rec- dential nominations), witnesses at hearings ommendation. Five Members of the Com- will be required to give testimony under COMMITTEE ON VETERANS’ mittee shall constitute a quorum for pur- oath whenever the presiding Member deems AFFAIRS RULES OF PROCEDURE poses of transacting any other business. such to be advisable. (B) In order to transact any business at a Mr. ISAKSON. Mr. President, the V. MEDIA COVERAGE Committee meeting, at least one Member of Committee on Veterans’ Affairs has the minority shall be present. If, at any Any Committee meeting or hearing which adopted rules governing its procedures meeting, business cannot be transacted be- is open to the public may be covered by tele- vision, radio, and print media. Photog- for the 114th Congress. Pursuant to cause of the absence of such a Member, the raphers, reporters, and crew members using rule XXVI, paragraph 2, of the Stand- matter shall lay over for a calendar day. If mechanical recording, filming, or broad- the presence of a minority Member is not ing Rules of the Senate, on behalf of casting devices shall position and use their then obtained, business may be transacted myself and Senator BLUMENTHAL, I ask equipment so as not to interfere with the by the appropriate quorum. unanimous consent that a copy of the seating, vision, or hearing of the Committee (C) One Member shall constitute a quorum Committee rules be printed in the Members or staff or with the orderly conduct for the purpose of receiving testimony. RECORD. of the meeting or hearing. The presiding There being no objection, the mate- III. VOTING Member of the meeting or hearing may for rial was ordered to be printed in the (A) Votes may be cast by proxy. A proxy good cause terminate, in whole or in part, shall be written and may be conditioned by the use of such mechanical devices or take RECORD, as follows: personal instructions. A proxy shall be valid such other action as the circumstances and COMMITTEE ON VETERANS’ AFFAIRS only for the day given. the orderly conduct of the meeting or hear- RULES OF PROCEDURE (B) There shall be a complete record kept ing may warrant. I. MEETINGS of all Committee actions. Such record shall VI. GENERAL contain the vote cast by each Member of the (A) Unless otherwise ordered, the Com- All applicable requirements of the Stand- Committee on any question on which a roll mittee shall meet on the first Wednesday of ing Rules of the Senate shall govern the call vote is requested. each month. The Chairman may, upon proper Committee. notice, call such additional meetings as IV. HEARINGS AND HEARING PROCEDURES VII. PRESIDENTIAL NOMINATIONS deemed necessary. (A) Except as specifically otherwise pro- (A) Each Presidential nominee whose nom- (B) Except as provided in subparagraphs (b) vided, the rules governing meetings shall ination is subject to Senate confirmation and (d) of paragraph 5 of rule XXVI of the govern hearings. and referred to this Committee shall submit Standing Rules of the Senate, meetings of (B) At least one week in advance of the a statement of his or her background and fi- the Committee shall be open to the public. date of any hearing, the Committee shall un- nancial interests, including the financial in- The Committee shall prepare and keep a dertake, consistent with the provisions of terests of his or her spouse and of children complete transcript or electronic recording paragraph 4 of rule XXVI of the Standing living in the nominee’s household, on a form adequate to fully record the proceedings of Rules of the Senate, to make public an- approved by the Committee, which shall be each meeting whether or not such meeting nouncements of the date, place, time, and sworn to as to its completeness and accu- or any part thereof is closed to the public. subject matter of such hearing. racy. The Committee form shall be in two (C) The Chairman of the Committee, or the (C)(1) Each witness who is scheduled to tes- parts: Ranking Majority Member present in the ab- tify at a hearing of the Committee shall sub- (1) Information concerning employment, sence of the Chairman, or such other Mem- mit 40 copies of such witness’ testimony to education, and background of the nominee, ber as the Chairman may designate, shall the Committee not later than 48 hours (not which generally relates to the position to preside over all meetings. counting Saturdays, Sundays, and federal which the individual is nominated and which (D) Except as provided in rule XXVI of the holidays) before the witness’ scheduled ap- is to be made public; and Standing Rules of the Senate, no meeting of pearance at the hearing. (2) Information concerning the financial the Committee shall be scheduled except by (2) Any witness who fails to meet the dead- and other background of the nominee, to be majority vote of the Committee or by au- line specified in paragraph (1) shall not be made public when the Committee determines thorization of the Chairman of the Com- permitted to present testimony but may be that such information bears directly on the mittee. seated to take questions from Committee nominee’s qualifications to hold the position (E) The Committee shall notify the office members, unless the Chairman and Ranking to which the individual is nominated. designated by the Committee on Rules and Minority Member determine there is good (B) At any hearing to confirm a Presi- Administration of the time, place, and pur- cause for the witness’ failure to meet the dential nomination, the testimony of the pose of each meeting. In the event such deadline or it is in the Committee’s interest nominee and, at the request of any Member, meeting is canceled, the Committee shall to permit such witness to testify. any other witness shall be under oath. immediately notify such designated office. (D) The presiding Member at any hearing (C) Committee action on a nomination, in- (F) Written or electronic notice of a Com- is authorized to limit the time allotted to cluding hearings or a meeting to consider a mittee meeting, accompanied by an agenda each witness appearing before the Com- motion to recommend confirmation, shall enumerating the items of business to be con- mittee. not occur until at least five days (not count- sidered, shall be sent to all Committee Mem- (E) The Chairman, with the concurrence of ing Saturdays, Sundays, and federal holi- bers at least 72 hours (not counting Satur- the Ranking Minority Member of the Com- days) after the nominee submits with respect days, Sundays, and federal holidays) in ad- mittee, is authorized to subpoena the attend- to the currently pending nomination the vance of each meeting. In the event that the ance of witnesses and the production of form required by this rule unless the Chair- giving of such 72-hour notice is prevented by memoranda, documents, records, and any man, with the concurrence of the Ranking unforeseen requirements or Committee busi- other materials. If the Chairman or a Com- Minority Member, waives this waiting pe- ness, the Committee staff shall communicate mittee staff member designated by the riod. notice by the quickest appropriate means to Chairman has not received from the Ranking VIII. NAMING OF DEPARTMENT OF VETERANS Members or appropriate staff assistants of Minority Member or a Committee staff mem- AFFAIRS FACILITIES Members and an agenda shall be furnished ber designated by the Ranking Minority It is the policy of the Committee that a prior to the meeting. Member notice of the Ranking Minority Department of Veterans Affairs facility may (G) Subject to the second sentence of this Member’s non-concurrence in the subpoena be named only after a deceased individual paragraph, it shall not be in order for the within 48 hours (not counting Saturdays, and only under the following circumstances: Committee to consider any amendment in Sundays, and federal holidays) of being noti- (A) Such individual was: the first degree proposed to any measure fied of the Chairman’s intention to subpoena (1) A veteran who (i) was instrumental in under consideration by the Committee un- attendance or production, the Chairman is the construction or the operation of the fa- less a written or electronic copy of such authorized following the end of the 48-hour cility to be named, or (ii) was a recipient of

VerDate Sep 11 2014 04:31 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.020 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S342 CONGRESSIONAL RECORD — SENATE January 21, 2015 the Medal of Honor or, as determined by the stitutionality, a safe abortion should be as ISIS has the potential to cause great damage Chairman and Ranking Minority Member, accessible to the women in Texas as much as to the European Union and eventually to the otherwise performed military service of an the women in Vermont. United States. A military force this size has extraordinarily distinguished character; A law needs to standardize how abortion not been seen in a long time, and the influ- (2) A Member of the United States House of clinics are made and run, and if there is an ence that it has in the countries it overtakes Representatives or Senate who had a direct issue regarding states’ rights and federalism, is alarming and needs to be kept in check. association with such facility; then an amendment must be made. Because The United States needs to keep this in mind (3) An Administrator of Veterans’ Affairs, not only are women not currently in control when making international policy decisions, a Secretary of Veterans Affairs, a Secretary of their own bodies, they also lack the abil- and needs to continue supporting countries of Defense or of a service branch, or a mili- ity to earn equal wages as men. In 1977, the that are actively fighting ISIS. tary or other Federal civilian official of com- Equal rights amendment lost by the votes of The United States continues to be one of parable or higher rank; or three states. Who in their right minds would the largest influencers on the international (4) An individual who, as determined by vote against equal rights in 2015. In order to playing field. However, policy makers need the Chairman and Ranking Minority Mem- ensure true equality and civil rights bring to keep in mind many domestic problems, ber, performed outstanding service for vet- back the ERA, and this time ratify it. and begin working across the aisle in order erans. Another group of people who lack this to keep the government of the United States (B) Each Member of the Congressional del- promised opportunity is the poor. Most secure and capable. 2014 has seen a whole egation representing the State in which the Americans are employed, but many of them array of new policies, and these policies have designated facility is located must indicate aren’t earning livable wages. An American ensured the security of the American people. in writing such Member’s support of the pro- shouldn’t have to work three jobs to support In 2015, new policies will be created, that will posal to name such facility after such indi- their family. An American shouldn’t have to hopefully fix some of the problems in our so- vidual. It is the policy of the Committee that ride a bus three hours a day in order to work ciety. God bless the United States of Amer- sponsoring or cosponsoring legislation to for privatized welfare. An American should ica. name such facility after such individual will be able to work for 40 hours a week, and be KATHY JOSEPH, CHAMPLAIN VALLEY UNION HIGH not alone satisfy this requirement. able to live comfortably. And this is possible SCHOOL (FINALIST) (C) The pertinent State department or if we raise the minimum wage so that it America has undoubtedly grown in the chapter of each Congressionally chartered equates to a livable wage. However, no past year, but the many problems plaguing veterans’ organization having a national American should not have to strive for the our nation continue to persist. The United membership of at least 500,000 must indicate minimum, each citizen should have a chance States economy is stronger. We added 300 in writing its support of such proposal. at exceeding, each American should be able thousand jobs in November, the best in near- IX. AMENDMENTS TO THE RULES to go to college. ly three years. The unemployment rate is at In Germany, in Sweden, in Norway college The rules of the Committee may be 5.8%, a post-recession low point. President is free. In Syria, a week of bombing by the changed, modified, amended, or suspended at Obama struck a climate change deal with U.S. costs the same as the tuition of 40,000 any time provided, however, that no less China—the two countries with the largest American students. If we were to take a frac- than a majority of the entire membership so energy consumptions agreed to curb their tion of our defense budget and give it to the determine at a regular meeting with due no- carbon emissions by 2030. The war on terror impoverished for higher education, if we tice or at a meeting specifically called for in Afghanistan officially ended. Relations were to reallocate the budget, we would be that purpose. The rules governing quorums with Cuba have been reopened, which will seeing a lot more opportunity. for reporting legislative matters shall gov- make educational travel to Cuba easier and ern rules changes, modification, amend- ELI HULSE, VERMONT COMMONS SCHOOL is a new approach to dealing with the oppres- ments, or suspension. (FINALIST) sive regime that is currently leading Cuba. f As the United States moves into 2015, we All of these are steps America has taken in have achieved many things that have the past year in the right direction. How- ADDITIONAL STATEMENTS furthered the nation, and improved the secu- ever, we still face many challenges. The US rity of the people economically, socially, and has a growing income gap—the rich are get- militarily. Some of these advancements in- ting richer while the poor are getting poorer. VERMONT ESSAY FINALISTS clude electing Janet Yellen as the first fe- This is highlighted in the spending bill ∑ Mr. SANDERS. Mr. President, I ask male Chair of the Federal Reserve, reducing passed in December to prevent the govern- the unemployment rate from 6.7 percent to ment shutdown. In it there were several pro- to have printed in the RECORD finalist 5.8 percent; the lowest it has been since 2008, visions to cut welfare spending, such as essays written by Vermont High and helping foreign forces fight against the Medicare and spending on the Women and School students as part of the Fifth militant group ISIS. However, there are Children support while there was another Annual ‘‘What is the State of the many problems that the United States faces provision essentially written by the banks to Union’’ Essay contest conducted by my and needs to address over the next year. reverse the Dodd Frank act. That act was office. These 20 finalists were selected The single most important issue that the written after the recession, but now things from over 400 entries. United States needs to recognize and correct will go back to the way they were. Lobbyists The essays follow. is the disparity of income. Although it is for banks and for the wealthy have louder true that the gap in income causes problems voices in Washington. Over 50% of Congress LIAM GIBBONS, MILTON HIGH SCHOOL (FINALIST) with equality between the social classes, people are millionaires, while millionaires We learn in school and from our parents there are concerns that the percentage of in- make up only 5% of the US population. This that America is the land of opportunity. Yet come that the upper class has is causing in- helps explain why income inequality is only that is not the case. When the wealth gap is stability in the United States economy as a getting worse, and is something that the steadily increasing, as women earn 70 cents whole. People who have more money do not American people must change. for each dollar a man makes, as the U.S. gov- spend as much of percentage of it as poorer It is harder for students to afford college. ernment spends more on defense than on its people, which means that that money sits in Student loans are not of importance in disenfranchised, the land of opportunity savings accounts, and is not paid to busi- Washington, which is something that needs seems no longer under boot, but instead a nesses in return for products. As the income to be changed. More people are afraid of the distant reality. Equal protection under the gap widens, less money will be introduced debt they will be in after getting their de- laws for every citizen, promoting the general into the economy, and it will leave the econ- gree, and would rather start working out of welfare, rights to life, liberty, and the pur- omy in a precarious position. high school. This is not the path we should suit of happiness. All of these things are Another serious issue that the United be going on, and it is time for Congress to printed on our country’s most sacred docu- States needs to address is the spread of start listening to the students and ments, these things which need to be an at- Ebola in Africa. Although domestic cases of prioritizing education. tainable reality for every American. Ebola have been isolated and treated, an un- The media have recently brought the na- Perhaps one of the most egregiously ne- stable Africa would allow Ebola to poten- tion’s attention to police brutality, racial glected groups in the U.S. is women. Wage tially spread to the United States and other discrimination, and our broken criminal jus- inequality combined with the control of countries, and could be catastrophic. It is tice system. President Obama allocated $263 their own bodies in the hands of the govern- important that the United States govern- million for police body cameras and training, ment all add to the fact that women are ment continues its support of Liberia, Nige- which is an acknowledgement of the need for among the most disparaged people within ria, Sierra Leone and other countries that reform but does not solve the root problem. the U.S. Throughout America, women are de- are struggling to create the infrastructure to Although there was footage available for the nied the right to a safe and constitutional treat this deadly disease. strangling of Eric Garner, the officer had no abortion. Some of the biggest contenders for Finally, it is key that the United States charges filed against him. These injustices the presidency have voiced their belief that continues its resistance to terror threats seem to be occurring only more frequently, women shouldn’t have this constitutional both domestically and internationally. Al- and Congress should focus its attention on right even in the context of rape or incest. though currently not a direct threat to the real solutions that will lead to demilitariza- Because of Roe v. Wade, because of its con- United States or to the general populous, tion of the police and a stop to the criminal

VerDate Sep 11 2014 04:31 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.021 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S343 justice system disproportionately affecting neighbors struggle to obtain and secure an still unable to rise above the poverty level. minority groups. adequate standard of living. We can try to This is because the national minimum wage We are still moving forward as a nation, justify yearly improvement by pointing out is at $7.25. The minimum wage is not a liv- but in 2015 we must work to reverse trends that unemployment rates and gas prices are able wage. By raising the national minimum such as the growing income gap, increased down. But despite such progress, the stand- wage to over $10 we can make sure that those police brutality, and losing sight of our pri- ard of living is always increasing. Paired hard working Americans are not living below orities. There is still hope for a brighter fu- with this fact is the abundant number of the poverty line. ture if we remember what values America citizens who struggle to survive on a wage There is always a need for jobs in America. really stands for. that is not livable. The obvious action to Many jobs are being outsourced for big busi- EMILY (EMERY) MEAD, MISSISQUOI VALLEY take is to raise the federal minimum wage, ness to make more money. By federally regu- UNION HIGH SCHOOL (FINALIST) which has been set at $7.25 since 2009. For a lating how much a company can outsource As a young Vermonter, just getting ready single person working 40 hours a week, the jobs from America we can make companies to begin my college journey, there are some basic costs of food, housing, medical care, open more factories in America and by doing concerns that trouble me most about the fu- utilities, and other necessary expenses so will open the way for more jobs spread ture of our country. Please consider my ad- should be attainable with the lowest margin throughout these United States. vice as you prepare your address on the state of pay. As of now, it is not. Starting in 2015, While there are many domestic issues that of our union. My main concern is about how many states have already decided to raise are very important there are international the transgender community is treated in their minimum wage. If we increase the pay ones as well. With the terrorist group Isis America. Things have gotten better for benchmark on the federal level, every state still at large we must ensure the security of them, but there’s still quite a bit of discrimi- will have to do the same. citizens in the United States and places over- nation against transgender people. Many When high school graduates are launched seas. That is why we will have troops ready people don’t think trans folk deserve rights, into adulthood, college is the promising to be deployed. As long as there is a terrorist but they’re still just humans. I am a part of route that comes with a discouraging debt presence we will protect the people of the this community so I know about its difficul- sentence. Higher education is needed to be United States and its allies. ties personally. I am physically female but I competitive in the job market. Rather than Bees are needed in order to pollinate flow- identify as male. pouring mass amounts of money into defense ers and grow many of the foods we eat. The One of the difficulties I have is the bath- spending and other well budgeted programs, bees are dying off and without them many of rooms and I’m not the only one, it’s one of legislators should create a larger budget for the foods we eat will increase in price and the biggest problems for us. I am literally student loans and grants. I urge the United will deplete. Opening bee farms in America terrified to go to the bathroom at school and States to make college more accessible. In and increasing the bee population we can in other public places because I use the addition to the budget, the federal govern- save many crops and flowers that the bees men’s bathroom and every time I do I’m ment can offer incentives for universities greatly assist with, and the federal govern- afraid I will be ridiculed or kicked out and that will encourage them to administer ment would also be assisting those small bee have been confronted by kids telling me to greater financial aid packages and cut tui- farmers who may be running low on business stay out of the guys bathroom at school. No tion costs. Specific criteria can even be es- and this will be supporting the hard working one should be afraid to pee. tablished to provide free education to cer- Americans and not big business. I don’t have it that bad, for some people tain financial groups based on their low in- This cannot be accomplished alone. It will it’s a lot worse. A friend of mine came out as comes. take the country as a whole cooperating transgender to his family and they kicked Transitioning to a problem that is often with one another to make everything here him out and disowned him. Luckily he has a neglected, I believe that as a country we into a reality. Working past party lines and very supporting girlfriend who he’s currently must address the gender wage gap. To this finding an answer that’s the best solution living with and good friends who helped him day, a vast majority of women make on aver- will ensure that these problems are solved. with his struggles. Some people don’t have age only 75% of what men make. First, the FRIEDEMANN SCHMIDT, BRATTLEBORO UNION that kind of support. Some are kicked out of United States has to establish a paid preg- HIGH SCHOOL (FINALIST) their houses or run away from abusive fami- nancy leave at the standard of other indus- Under the presidency of Ronald Reagan the lies to live on the dirty streets and beg for trialized nations. This will allow women to United States turned within four years from money to pay for food or to buy a blanket to balance earning a sustainable income and the biggest creditor nation in the world in keep them warm on cold nights. An article raising a family. We can also regulate com- 1981 to the world’s largest debtor in 1985. about gay and transgender youth homeless- panies that retaliate against workers who Supported by numerous foreign assignments ness on americanprogress.org gives these discuss their wages, as well as increase the of the U.S. Armed forces, the public debt in- stats which I have paraphrased; There is an limitations on gender based pay discrimina- creased constantly, reaching a figure of $18 estimated 1.6 million to 2.8 million homeless tion. It’s time to finally stop employers from trillion in recent years. This is a very seri- youth in the United States; 20 to 40 percent paying less for equal work. Let us break ous issue for the United States not only be- of that are gay or transgender kids; an esti- down the glass ceiling. cause it deepens the dependence on creditor mated 320,000 to 400,000 gay and transgender To affirm that these programs will take nations like China or Saudi Arabia which ne- youth are facing homelessness each year. place, and that these solutions will triumph, glect values like freedom and equality, but Some are lucky enough to find a shelter or it is vital that the Congress disregards the also it directly affects everyone. housing for transgender people, but not ev- party polarization that has crippled the gov- In 2013 the interest payments of the U.S. eryone lives near one or knows about one ernment for so long. With collaboration and public debt made up 6% of the federal budget near them. It’s not right for these kids to determination, the United States can pros- excluding an actual debt reduction. With a have no place to sleep. per and prevail. steadily growing budget deficit, primarily These problems are very serious and need CURTIS RICHARDSON, MILTON HIGH SCHOOL due to outrageous defense spending, that fig- to be addressed and fixed. A possible solution (FINALIST) ure will even form a larger part of the an- for the bathroom problem is to fund more My country, our country, is something I nual budget plan. Presumably that will lead unisex bathrooms in more public places; I love and wish that everyone within its bor- to cuts in secondary areas like education, strongly believe this will help reduce the ders receives the highest amount of happi- transportation and social as well as sci- awkwardness and fear of going to the bath- ness possible and lives a life well fed and se- entific endeavors. This symbolizes a threat room; even for those who are just uncomfort- cure. to the belief of the founding fathers in equal- able with using public bathrooms. As for the With that said an issue not talked about as ity and perhaps makes a myth of the United shelter problem, putting more of these shel- much as it should. Homelessness. People States offering fair chances for everyone, re- ters around the country and making them spend their nights in cold dark alleyways gardless of status. more advertised and well known these kids covered only by the warmth of the Sunday By decreasing the governmental funding of won’t be forced to live on the streets any- paper. Shelters are full, stomachs empty. social programs, like the free/reduced meal more. There are children who are homeless. There program offering meals to 20% of food inse- Thank you for your consideration. should never be a child without a warm place cure students in Vermont, the living status ALICIA MUIR, MILTON HIGH SCHOOL (FINALIST) to sleep. By enacting programs which em- of numerous hard-working middle and lower As a global powerhouse, the United States ploy the homeless, and renovating buildings class would drop. A declining federal funding is bestowed with a responsibility. This coun- that serve no purpose, transforming them of universities and colleges throughout the try stands upon its obligation and ability to into shelters and low income housing we can country would further increase the college be innovative, to provide opportunity and to find a solution to this problem and make tuition for individuals, creating an maintain a respectable quality of living for sure that every American does not have to unaffordable higher education for hundreds every citizen. I would like to take this mo- worry where they are going to sleep. of thousands of young, talented Americans— ment to address where we stand on these The poverty level in the United States is a problem America already faces. principles and how far we still have to go. at 14.5 percent 42,000,000 Americans. A per- The social injustice created by enlarging In our current state, economic problems centage that is entirely too high. A percent- the gap between rich and poor, would weaken are most apparent. While the economy rests age of those Americans may work well over the unity of the United States as much as de- in a steady stage of recovery, many of our 40 hours a week, put in overtime and are yet creasing the funding of America’s world-

VerDate Sep 11 2014 04:31 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.013 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S344 CONGRESSIONAL RECORD — SENATE January 21, 2015 leading role in science and innovation, the college and university costs and the labyrin- law, the report of a rule entitled ‘‘Viral Hem- key to economic success and human progress thine naturalization process. They demand orrhagic Septicemia; Interstate Movement itself. Former Secretary of Labor Robert quick, effective solutions, such as police- and Import Restrictions on Certain Live Reich states that due to the fact that ‘‘In- worn cameras, lowered interest rates on stu- Fish’’ (Docket No. APHIS–2007–0038) received equality has become worse, the danger to the dent loans, and a revised naturalization in the Office of the President of the Senate economy and democracy had become worse.’’ test.∑ on January 16, 2015; to the Committee on Ag- The public debt will be one of the major riculture, Nutrition, and Forestry. f challenges for United States politics in the EC–299. A communication from the Direc- near future. Facing it will have to lead to REPORT ON THE CONTINUATION tor of the Regulatory Review Group, Farm changes of American policies and its lead in OF THE NATIONAL EMERGENCY Service Agency, Department of Agriculture, world policy. Priorities have to be set and THAT WAS ORIGINALLY DE- transmitting, pursuant to law, the report of a rule entitled ‘‘Marketing Assistance Loans, compromises have to be made. Martin Lu- CLARED ON JANUARY 23, 1995, ther King Jr. once said: ‘‘A nation that con- Loan Deficiency Payments, and Sugar tinues year after year to spend more money WITH RESPECT TO FOREIGN Loans’’ (RIN0560–AI28) received during ad- on military defense than on programs of so- TERRORISTS WHO THREATEN TO journment of the Senate in the Office of the cial uplift is approaching spiritual death.’’ It DISRUPT THE MIDDLE EAST President of the Senate on January 15, 2015; is the responsibility of every U.S. citizen to PEACE PROCESS—PM 2 to the Committee on Agriculture, Nutrition, and Forestry. prevent that in order to maintain the pros- The PRESIDING OFFICER laid be- perity and values for which America stands. EC–300. A communication from the Direc- fore the Senate the following message tor of the Regulatory Review Group, Farm SOPHIA SEMAN, ESSEX HIGH SCHOOL (FINALIST) from the President of the United Service Agency, Department of Agriculture, As our nation ages and evolves, the prob- States, together with an accompanying transmitting, pursuant to law, the report of lems it faces become more complex. Some of report; which was referred to the Com- a rule entitled ‘‘Nondiscrimination on the the greatest challenges we face today are mittee on Banking, Housing, and Basis of Age in Programs or Activities Re- those of police brutality, a flawed natu- ceiving Federal Financial Assistance From ralization process, and the daunting cost of Urban Affairs: the U.S. Department of Agriculture’’ higher education. To the Congress of the United States: (RIN0503–AA57) received during adjournment In the past few months, cities in the US Section 202(d) of the National Emer- of the Senate in the Office of the President have erupted in protests over police bru- of the Senate on January 14, 2015; to the tality. Starting in Ferguson, marching feet gencies Act (50 U.S.C. 1622(d)) provides Committee on Agriculture, Nutrition, and have spread to New York and California. One for the automatic termination of a na- Forestry. solution to the spreading mistrust in law en- tional emergency unless, within 90 EC–301. A communication from the Acting forcement is the use of body cameras that days prior to the anniversary date of Assistant Secretary of Defense (Reserve Af- would provide an account of each inter- its declaration, the President publishes fairs), transmitting, pursuant to law, the Na- action. While many speculate that this in the Federal Register and transmits to tional Guard Youth Challenge Program 2014 would be an invasion of privacy, the depart- the Congress a notice stating that the annual report; to the Committee on Armed ments that have tested these devices decided Services. the benefits outweigh the risks. Rialto, CA emergency is to continue in effect be- EC–302. A communication from the Chief has seen a ‘‘60 percent reduction in officer yond the anniversary date. In accord- Executive Officer of the Armed Forces Re- use of force incidents following camera de- ance with this provision, I have sent to tirement Home, transmitting, pursuant to ployment’’ and an ‘‘88 percent reduction in the Federal Register for publication the law, a report relative to a real estate lease number of citizen complaints’’. The federal enclosed notice stating that the na- transaction; to the Committee on Armed government should issue categorical grants tional emergency declared with respect Services. to any department that opts to implement EC–303. A communication from the Assist- to foreign terrorists who threaten to ant Director, Senior Executive Management the use of this technology. The cost to sup- disrupt the Middle East peace process ply all the law enforcers with cameras may Office, Department of Defense, transmitting, seem too high, but eventually, the money is to continue in effect beyond January pursuant to law, a report relative to a va- saved in lawsuits would counter the initial 23, 2015. cancy in the position of Assistant Secretary pay out. The crisis with respect to grave acts of Defense (Strategy, Plans, and Capabili- This year, college students returned to of violence committed by foreign ter- ties), Department of Defense, received during school with considerably lighter pockets, as rorists who threaten to disrupt the adjournment of the Senate in the Office of the President of the Senate on January 14, state tuition climbed another 2.9 percent. Middle East peace process that led to While many politicians realize the need for a 2015; to the Committee on Armed Services. the declaration of a national emer- EC–304. A communication from the Assist- highly educated work force for the future gency on January 23, 1995, has not been ant Director, Senior Executive Management economy, few are willing to throw their Office, Department of Defense, transmitting, weight behind the necessary reforms to resolved. Terrorist groups continue to pursuant to law, a report relative to a va- make it more affordable. If young adults are engage in activities that have the pur- cancy in the position of Assistant Secretary expected to pay their way through college, pose or effect of threatening the Middle of Defense (Logistics and Material Readi- they must have viable options in student East peace process and that are hostile ness), Department of Defense, received dur- loans. Unfortunately, ‘‘private college loans to United States interests in the re- ing adjournment of the Senate in the Office are much cheaper than federal student loans gion. Such actions continue to pose an of the President of the Senate on January 14, now’’. It is the responsibility of our govern- unusual and extraordinary threat to 2015; to the Committee on Armed Services. ment to help budding adults pay for higher the national security, foreign policy, EC–305. A communication from the Assist- education and mold themselves into con- ant Director for Regulatory Affairs, Office of scientious citizens by lowering federal inter- and economy of the United States. Therefore, I have determined that it is Foreign Assets Control, Department of the est rates on loans. Treasury, transmitting, pursuant to law, the The US has always been a nation of immi- necessary to continue the national report of a rule entitled ‘‘Cuban Assets Con- grants. However it is the unfortunate Amer- emergency declared with respect to trol Regulations’’ (31 CFR Part 515) received ican tradition that the newest wave of immi- foreign terrorists who threaten to dis- during adjournment of the Senate in the Of- grants is detested by those who have formed rupt the Middle East peace process and fice of the President of the Senate on Janu- roots. Today it is the Latinos who face a to maintain in force the sanctions ary 15, 2015; to the Committee on Banking, wave of prejudice. As much as it pains some against them to respond to this threat. Housing, and Urban Affairs. lawmakers to admit, we need the fresh faces EC–306. A communication from the Assist- and new ideas as much as these prospective BARACK OBAMA. ant Secretary for Export Administration, citizens need refuge from the turmoil of THE WHITE HOUSE, January 21, 2015. Bureau of Industry and Security, Depart- their home country. It is time for a renova- f ment of Commerce, transmitting, pursuant tion of the naturalization process. Because to law, the report of a rule entitled ‘‘Russian the US does not have an official language EXECUTIVE AND OTHER Sanctions: Licensing Policy for the Crimea and many new citizens site English as ‘‘one COMMUNICATIONS Region of Ukraine’’ (RIN0694–AG43) received of the biggest obstacles’’, the English por- The following communications were during adjournment of the Senate in the Of- tion of the test should be eliminated. Ques- laid before the Senate, together with fice of the President of the Senate on Janu- tions pertaining to civil rights should be em- accompanying papers, reports, and doc- ary 15, 2015; to the Committee on Banking, phasized on the Civics Test, rather than su- Housing, and Urban Affairs. perfluous ones about history, as citizens uments, and were referred as indicated: EC–307. A communication from the Under should be more aware of their rights and re- EC–298. A communication from the Con- Secretary for Industry and Security, Depart- sponsibilities than the War of 1812. gressional Review Coordinator, Animal and ment of Commerce, transmitting, pursuant The most pressing issues facing the Union Plant Health Inspection Service, Department to law, a Foreign Policy Report on the impo- today are those of police brutality, rising of Agriculture, transmitting, pursuant to sition of a license requirement on exports,

VerDate Sep 11 2014 04:31 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.013 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S345 reexports, and transfers (in-country) to the ternal Revenue Service, Department of the EC–329. A communication from the Direc- Crimea region of Ukraine; to the Committee Treasury, transmitting, pursuant to law, the tor of the Office of Regulatory Affairs and on Banking, Housing, and Urban Affairs. report of a rule entitled ‘‘Revenue Ruling: Collaborative Action, Bureau of Indian Af- EC–308. A communication from the Sec- 2015 Prevailing State Assumed Interest fairs, Department of the Interior, transmit- retary of Commerce, transmitting, pursuant Rates’’ (Rev. Rul. 2015–02) received in the Of- ting, pursuant to law, the report of a rule en- to law, the Department of Commerce’s 2014 fice of the President of the Senate on Janu- titled ‘‘Land Acquisitions in the State of Report on Foreign Policy-Based Export Con- ary 16, 2015; to the Committee on Finance. Alaska’’ (RIN1076–AF23) received in the Of- trols; to the Committee on Banking, Hous- EC–320. A communication from the Chief of fice of the President of the Senate on Janu- ing, and Urban Affairs. the Publications and Regulations Branch, In- ary 16, 2015; to the Committee on Indian Af- EC–309. A communication from the Assist- ternal Revenue Service, Department of the fairs. ant Secretary for Legislative Affairs, De- Treasury, transmitting, pursuant to law, the EC–330. A communication from the Deputy partment of State, transmitting, pursuant to report of a rule entitled ‘‘Automatic Ap- Assistant Administrator for Regulatory Pro- Executive Order 13346 of July 8, 2004, the an- proval of Change in Funding Method for grams, Office of Sustainable Fisheries, De- nual certification of the effectiveness of the Takeover Plans’’ (Announcement 2015–3) re- partment of Commerce, transmitting, pursu- Australia Group; to the Committee on For- ceived in the Office of the President of the ant to law, the report of a rule entitled eign Relations. Senate on January 16, 2015; to the Committee ‘‘Fisheries Off West Coast States; West Coast EC–310. A communication from the General on Finance. Salmon Fisheries; Amendment 18 to the Counsel, Peace Corps, transmitting, pursu- EC–321. A communication from the Chief of Salmon Fishery Management Plan’’ ant to law, a report relative to a vacancy in the Publications and Regulations Branch, In- (RIN0648–BC95) received during adjournment the position of Deputy Director of the Peace ternal Revenue Service, Department of the of the Senate in the Office of the President Corps, received in the Office of the President Treasury, transmitting, pursuant to law, the of the Senate on January 14, 2015; to the of the Senate on January 16, 2015; to the report of a rule entitled ‘‘Reporting Sick Pay Committee on Commerce, Science, and Committee on Foreign Relations. Paid by Third Parties’’ (Notice 2015–6) re- Transportation. EC–311. A communication from the Acting ceived in the Office of the President of the EC–331. A communication from the Deputy Director of the Office of Standards, Regula- Senate on January 16, 2015; to the Committee Assistant Administrator for Regulatory Pro- tions, and Variances, Mine Safety and on Finance. grams, Office of Sustainable Fisheries, De- Health Administration, Department of EC–322. A communication from the Chief of partment of Commerce, transmitting, pursu- Labor, transmitting, pursuant to law, the re- the Publications and Regulations Branch, In- ant to law, the report of a rule entitled port of a rule entitled ‘‘Proximity Detection ternal Revenue Service, Department of the ‘‘International Fisheries; Western and Cen- Systems for Continuous Mining Machines in Treasury, transmitting, pursuant to law, the tral Pacific Fisheries for Highly Migratory Underground Coal Mines’’ (RIN1219–AB65) re- report of a rule entitled ‘‘Application of Ret- Species; Restrictions on the Use of Fish Ag- ceived during adjournment of the Senate in roactive Increase in Excludable Transit Ben- gregating Devices in Purse Seine Fisheries the Office of the President of the Senate on efits’’ (Notice 2015–2) received in the Office of for 2015; Correction’’ (RIN0648–BE36) received January 15, 2015; to the Committee on the President of the Senate on January 16, during adjournment of the Senate in the Of- Health, Education, Labor, and Pensions. 2015; to the Committee on Finance. fice of the President of the Senate on Janu- EC–312. A communication from the Execu- EC–323. A communication from the Chief of ary 14, 2015; to the Committee on Commerce, tive Analyst (Political), Department of the Publications and Regulations Branch, In- Health and Human Services, transmitting, ternal Revenue Service, Department of the Science, and Transportation. EC–332. A communication from the Direc- pursuant to law, two (2) reports relative to Treasury, transmitting, pursuant to law, the tor, Office of Sustainable Fisheries, Depart- vacancies in the Department of Health and report of a rule entitled ‘‘Update to Rev. ment of Commerce, transmitting, pursuant Human Services; to the Committee on Proc. 2014–4’’ (Rev. Proc. 2015–4) received in to law, the report of a rule entitled ‘‘Fish- Health, Education, Labor, and Pensions. the Office of the President of the Senate on eries of the Northeastern United States; 2015 EC–313. A communication from the Assist- January 16, 2015; to the Committee on Fi- Summer Flounder, Scup, and Black Sea ant Secretary for Administration and Man- nance. agement, Department of Labor, transmit- EC–324. A communication from the Chief of Specifications and 2015 Commercial Summer ting, pursuant to law, a report on the De- the Publications and Regulations Branch, In- Flounder Quota Adjustments’’ (RIN0648– partment of Labor’s 2012 and 2013 FAIR Act ternal Revenue Service, Department of the XD651) received during adjournment of the Inventory of Inherently Governmental Ac- Treasury, transmitting, pursuant to law, the Senate in the Office of the President of the tivities and Inventory of Commercial Activi- report of a rule entitled ‘‘Revenue Procedure Senate on January 14, 2015; to the Com- ties; to the Committee on Homeland Secu- 2015–3’’ (Rev. Proc. 2015–3) received in the Of- mittee on Commerce, Science, and Transpor- rity and Governmental Affairs. fice of the President of the Senate on Janu- tation. EC–314. A communication from the Vice ary 16, 2015; to the Committee on Finance. EC–333. A communication from the Acting President for Congressional and Public Af- EC–325. A communication from the Chief of Director, Office of Sustainable Fisheries, De- fairs, Millennium Challenge Corporation, the Publications and Regulations Branch, In- partment of Commerce, transmitting, pursu- transmitting, pursuant to law, the Corpora- ternal Revenue Service, Department of the ant to law, the report of a rule entitled ‘‘At- tion’s Agency Financial Report for fiscal Treasury, transmitting, pursuant to law, the lantic Highly Migratory Species; Atlantic year 2014; to the Committee on Homeland Se- report of a rule entitled ‘‘Update to Rev. Bluefin Tuna Fisheries’’ (RIN0648–XD653) re- curity and Governmental Affairs. Proc. 2014–6’’ (Rev. Proc. 2015–6) received in ceived during adjournment of the Senate in EC–315. A communication from the Chair- the Office of the President of the Senate on the Office of the President of the Senate on man of the Council of the District of Colum- January 16, 2015; to the Committee on Fi- January 14, 2015; to the Committee on Com- bia, transmitting, pursuant to law, a report nance. merce, Science, and Transportation. on D.C. Act 20–440, ‘‘Special Election Reform EC–326. A communication from the Chief of EC–334. A communication from the Deputy Amendment Act of 2014’’; to the Committee the Publications and Regulations Branch, In- Assistant Administrator for Regulatory Pro- on Homeland Security and Governmental Af- ternal Revenue Service, Department of the grams, Office of Sustainable Fisheries, De- fairs. Treasury, transmitting, pursuant to law, the partment of Commerce, transmitting, pursu- EC–316. A communication from the Chair- report of a rule entitled ‘‘Update to Rev. ant to law, the report of a rule entitled man of the Council of the District of Colum- Proc. 2014–8’’ (Rev. Proc. 2015–8) received in ‘‘Magnuson-Stevens Act Provisions; Fish- bia, transmitting, pursuant to law, a report the Office of the President of the Senate on eries Off West Coast States; Regulatory on D.C. Act 20–458, ‘‘Protecting Pregnant January 16, 2015; to the Committee on Fi- Amendment to Pacific Coast Groundfish Workers Fairness Act of 2014’’; to the Com- nance. Fisheries Trawl Rationalization Program for mittee on Homeland Security and Govern- EC–327. A communication from the Chief of the Start of 2015’’ (RIN0648–BE34) received mental Affairs. the Publications and Regulations Branch, In- during adjournment of the Senate in the Of- EC–317. A communication from the Direc- ternal Revenue Service, Department of the fice of the President of the Senate on Janu- tor of the Office of Financial Reporting and Treasury, transmitting, pursuant to law, the ary 14, 2015; to the Committee on Commerce, Policy, Office of the Chief Financial Officer report of a rule entitled ‘‘Property Quali- Science, and Transportation. and Assistant Secretary for Administration, fying for the Energy Credit under Section EC–335. A communication from the Acting Department of Commerce, transmitting, pur- 48’’ (Notice 2015–4) received in the Office of Director, Office of Sustainable Fisheries, De- suant to law, a report entitled ‘‘FY 2014 the President of the Senate on January 16, partment of Commerce, transmitting, pursu- Agency Financial Report’’; to the Committee 2015; to the Committee on Finance. ant to law, the report of a rule entitled ‘‘At- on Homeland Security and Governmental Af- EC–328. A communication from the Execu- lantic Highly Migratory Species; Commer- fairs. tive Analyst (Political), Department of cial Porbeagle Shark Fishery’’ (RIN0648– EC–318. A communication from the Direc- Health and Human Services, transmitting, XD659) received during adjournment of the tor, Office of Management and Budget, Exec- pursuant to law, a report relative to a va- Senate in the Office of the President of the utive Office of the President, transmitting cancy in the position of Director of the In- Senate on January 14, 2015; to the Com- proposed legislation relative to data breach dian Health Service, Department of Health mittee on Commerce, Science, and Transpor- notification; to the Committee on Homeland and Human Services, received during ad- tation. Security and Governmental Affairs. journment of the Senate in the Office of the EC–336. A communication from the Federal EC–319. A communication from the Chief of President of the Senate on January 15, 2015; Register Liaison Officer, Alcohol and To- the Publications and Regulations Branch, In- to the Committee on Indian Affairs. bacco Tax and Trade Bureau, Department of

VerDate Mar 15 2010 04:22 Nov 08, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD15\JAN 15\S21JA5.REC S21JA5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S346 CONGRESSIONAL RECORD — SENATE January 21, 2015 the Treasury, transmitting, pursuant to law, ness Directives; GROB–WERKE Airplanes’’ President of the Senate on January 16, 2015; the report of a rule entitled ‘‘Expansion of ((RIN2120–AA64) (Docket No. FAA–2014–0848)) to the Committee on Commerce, Science, the Fair Play Viticultural Area’’ (RIN1513– received in the Office of the President of the and Transportation. AC07) received during adjournment of the Senate on January 16, 2015; to the Committee EC–353. A communication from the Man- Senate in the Office of the President of the on Commerce, Science, and Transportation. agement and Program Analyst, Federal Senate on January 15, 2015; to the Com- EC–345. A communication from the Man- Aviation Administration, Department of mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal Transportation, transmitting, pursuant to tation. Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- EC–337. A communication from the Assist- Transportation, transmitting, pursuant to ness Directives; Bombardier, Inc. Airplanes’’ ant Administrator for Fisheries, Office of law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA64) (Docket No. FAA–2013–1029)) Sustainable Fisheries, Department of Com- ness Directives; Alpha Aviation Concept received in the Office of the President of the merce, transmitting, pursuant to law, the re- Limited Airplanes’’ ((RIN2120–AA64) (Docket Senate on January 16, 2015; to the Committee port of a rule entitled ‘‘Fisheries of the Ex- No. FAA–2014–0759)) received in the Office of on Commerce, Science, and Transportation. clusive Economic Zone Off Alaska; Steller the President of the Senate on January 16, EC–354. A communication from the Man- Sea Lion Protection Measures for the Bering 2015; to the Committee on Commerce, agement and Program Analyst, Federal Sea and Aleutian Islands Groundfish Fish- Science, and Transportation. Aviation Administration, Department of eries Off Alaska’’ (RIN0648–BE06) received EC–346. A communication from the Man- Transportation, transmitting, pursuant to during adjournment of the Senate in the Of- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- fice of the President of the Senate on Janu- Aviation Administration, Department of ness Directives; Agusta S.p.A. (Agusta) Heli- ary 15, 2015; to the Committee on Commerce, Transportation, transmitting, pursuant to copters’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- 2008–0256)) received in the Office of the Presi- EC–338. A communication from the Sec- ness Directives; The Boeing Company Air- dent of the Senate on January 16, 2015; to the retary of the Federal Trade Commission, planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Commerce, Science, and transmitting, pursuant to law, a report enti- 2014–0257)) received in the Office of the Presi- Transportation. tled ‘‘Report to Congress Under Section 319 dent of the Senate on January 16, 2015; to the EC–355. A communication from the Man- of the Fair and Accurate Credit Transactions Committee on Commerce, Science, and agement and Program Analyst, Federal Act of 2003’’; to the Committee on Com- Transportation. Aviation Administration, Department of merce, Science, and Transportation. EC–347. A communication from the Man- Transportation, transmitting, pursuant to EC–339. A communication from the Man- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Aviation Administration, Department of ness Directives; The Boeing Company Air- Aviation Administration, Department of Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- 2014–0450)) received in the Office of the Presi- law, the report of a rule entitled ‘‘Airworthi- ness Directives; Dassault Aviation Air- dent of the Senate on January 16, 2015; to the ness Directives; Saab, AB, Saab Aerosystems planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Commerce, Science, and Airplanes’’ ((RIN2120–AA64) (Docket No. 2013–0566)) received in the Office of the Presi- Transportation. EC–356. A communication from the Man- FAA–2013–0460)) received in the Office of the dent of the Senate on January 16, 2015; to the agement and Program Analyst, Federal President of the Senate on January 12, 2015; Committee on Commerce, Science, and Aviation Administration, Department of to the Committee on Commerce, Science, Transportation. Transportation, transmitting, pursuant to and Transportation. EC–348. A communication from the Man- EC–340. A communication from the Man- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Amend- ment of Restricted Area Boundary Descrip- agement and Program Analyst, Federal Aviation Administration, Department of tions; Cape Canaveral, FL’’ ((RIN2120–AA66) Aviation Administration, Department of Transportation, transmitting, pursuant to (Docket No. FAA–2014–0875)) received in the Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- Office of the President of the Senate on Jan- law, the report of a rule entitled ‘‘Airworthi- ness Directives; Airbus Airplanes’’ ((RIN2120– uary 16, 2015; to the Committee on Com- ness Directives; Pratt and Whitney Division AA64) (Docket No . FAA–2014–0448)) received merce, Science, and Transportation. Turbofan Engines’’ ((RIN2120–AA64) (Docket in the Office of the President of the Senate EC–357. A communication from the Man- No. FAA–2013–0072)) received in the Office of on January 16, 2015; to the Committee on agement and Program Analyst, Federal the President of the Senate on January 16, Commerce, Science, and Transportation. Aviation Administration, Department of EC–349. A communication from the Man- 2015; to the Committee on Commerce, Transportation, transmitting, pursuant to Science, and Transportation. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Part 95 In- EC–341. A communication from the Man- Aviation Administration, Department of strument Flight Rules; Miscellaneous agement and Program Analyst, Federal Transportation, transmitting, pursuant to Amendments (4); Amendment No. 517’’ Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- (RIN2120–AA63) received in the Office of the Transportation, transmitting, pursuant to ness Directives; Airbus Airplanes’’ ((RIN2120– President of the Senate on January 16, 2015; law, the report of a rule entitled ‘‘Airworthi- AA64) (Docket No. FAA–2014–0453)) received to the Committee on Commerce, Science, ness Directives; The Boeing Company Air- in the Office of the President of the Senate and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– on January 16, 2015; to the Committee on EC–358. A communication from the Man- 2013–0981)) received in the Office of the Presi- Commerce, Science, and Transportation. agement and Program Analyst, Federal dent of the Senate on January 16, 2015; to the EC–350. A communication from the Man- Aviation Administration, Department of Committee on Commerce, Science, and agement and Program Analyst, Federal Transportation, transmitting, pursuant to Transportation. Aviation Administration, Department of law, the report of a rule entitled ‘‘Elimi- EC–342. A communication from the Man- Transportation, transmitting, pursuant to nation of the Air Traffic Control Tower Op- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- erator Certificate for Controllers Who Hold a Aviation Administration, Department of ness Directives; The Boeing Company Air- Federal Aviation Administration Credential Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– With a Tower Rating’’ ((RIN2120–AK40) law, the report of a rule entitled ‘‘Airworthi- 2014–0057)) received in the Office of the Presi- (Docket No. FAA–2014–1000)) received in the ness Directives; The Boeing Company Air- dent of the Senate on January 16, 2015; to the Office of the President of the Senate on Jan- planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Commerce, Science, and uary 16, 2015; to the Committee on Com- 2013–0366)) received in the Office of the Presi- Transportation. merce, Science, and Transportation. dent of the Senate on January 16, 2015; to the EC–351. A communication from the Man- EC–359. A communication from the Man- Committee on Commerce, Science, and agement and Program Analyst, Federal agement and Program Analyst, Federal Transportation. Aviation Administration, Department of Aviation Administration, Department of EC–343. A communication from the Man- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Prohibi- Aviation Administration, Department of ness Directives; The Boeing Company Air- tion Against Certain Flights in the Sim- Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– feropol (UKFV) and Dnipropetrovsk (UKDV) law, the report of a rule entitled ‘‘Airworthi- 2014–0053)) received in the Office of the Presi- Flight Information Region (FIR)’’ ((RIN2120– ness Directives; Beechcraft Corporation Air- dent of the Senate on January 16, 2015; to the AK56) (Docket No. FAA–2014–0225)) received planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Commerce, Science, and in the Office of the President of the Senate 2014–0771)) received in the Office of the Presi- Transportation. on January 16, 2015; to the Committee on dent of the Senate on January 16, 2015; to the EC–352. A communication from the Man- Commerce, Science, and Transportation. Committee on Commerce, Science, and agement and Program Analyst, Federal EC–360. A communication from the Man- Transportation. Aviation Administration, Department of agement and Program Analyst, Federal EC–344. A communication from the Man- Transportation, transmitting, pursuant to Aviation Administration, Department of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Aviation Administration, Department of ness Directives; Pilatus Aircraft Limited law, the report of a rule entitled ‘‘Prohibi- Transportation, transmitting, pursuant to Airplanes’’ ((RIN2120–AA64) (Docket No. tion Against Certain Flights Within the Da- law, the report of a rule entitled ‘‘Airworthi- FAA–2014–0717)) received in the Office of the mascus (OSTT) Flight Information Region

VerDate Sep 11 2014 04:31 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.026 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S347

(FIR)’’ ((RIN2120–AK61) (Docket No. FAA– S. 203. A bill to restore Americans’ indi- BRAND, Mr. MERKLEY, Mr. 2014–0708)) received in the Office of the Presi- vidual liberty by striking the Federal man- BLUMENTHAL, Mr. WHITEHOUSE, Mr. dent of the Senate on January 16, 2015; to the date to purchase insurance; to the Com- FRANKEN, Mrs. SHAHEEN, and Mr. Committee on Commerce, Science, and mittee on Finance. LEAHY): Transportation. By Mrs. BOXER: S. 214. A bill to amend the Securities Ex- EC–361. A communication from the Man- S. 204. A bill to reinstate the 10-year stat- change Act of 1934 to require shareholder au- agement and Program Analyst, Federal ute of limitations period applicable to collec- thorization before a public company may Aviation Administration, Department of tion of amounts paid to Social Security make certain political expenditures, and for Transportation, transmitting, pursuant to beneficiaries by administrative offset, and other purposes; to the Committee on Bank- law, the report of a rule entitled ‘‘Harmoni- prevent recovery of overpayments from indi- ing, Housing, and Urban Affairs. zation of Airworthiness Standards—Gust and viduals under 18 years of age; to the Com- By Mr. BURR (for himself and Mrs. Maneuver Load Requirements’’ ((RIN2120– mittee on Finance. GILLIBRAND): AK12) (Docket No. FAA–2014–0142)) received By Mr. CASSIDY (for himself and Mr. S. 215. A bill to amend the Internal Rev- in the Office of the President of the Senate PETERS): enue Code of 1986 to increase the exclusion on January 16, 2015; to the Committee on S. 205. A bill to provide for the develop- for employer-provided dependent care assist- Commerce, Science, and Transportation. ment and dissemination of evidence-based ance; to the Committee on Finance. best practices for health care professionals By Mr. SESSIONS (for himself and f to recognize victims of a severe form of traf- Mrs. BOXER): REPORTS OF COMMITTEES ficking and respond to such individuals ap- S. 216. A bill to establish the National propriately, and for other purposes; to the Prostate Cancer Council for improved The following reports of committees Committee on Health, Education, Labor, and screening, early detection, assessment, and were submitted: Pensions. monitoring of prostate cancer, and to direct By Mr. ISAKSON, from the Committee on By Ms. AYOTTE: the development and implementation of a Veterans’ Affairs, without amendment: S. 206. A bill to amend title 23, United national strategic plan to expedite advance- H.R. 203. A bill to direct the Secretary of States Code, to reauthorize the State infra- ment of diagnostic tools and the transfer of Veterans Affairs to provide for the conduct structure bank program; to the Committee such tools to patients; to the Committee on of annual evaluations of mental health care on Commerce, Science, and Transportation. Health, Education, Labor, and Pensions. and suicide prevention programs of the De- By Mr. MORAN (for himself, Mr. By Mr. BLUMENTHAL (for himself, partment of Veterans Affairs, to require a TESTER, Mr. KING, Mr. DAINES, and Ms. BALDWIN, Mrs. BOXER, Mrs. MUR- pilot program on loan repayment for psychi- Ms. COLLINS): RAY, Mr. SCHATZ, Ms. HIRONO, Mr. atrists who agree to serve in the Veterans S. 207. A bill to require the Secretary of WHITEHOUSE, Mr. SANDERS, Mr. SCHU- Health Administration of the Department of Veterans Affairs to use existing authorities MER, Mrs. GILLIBRAND, Ms. CANT- Veterans Affairs, and for other purposes. to furnish health care at non-Department of WELL, Mr. MURPHY, Mr. BROWN, Ms. By Mr. INHOFE, from the Committee on Veterans Affairs facilities to veterans who WARREN, Mr. TESTER, Mr. MENENDEZ, Environment and Public Works, without live more than 40 miles driving distance Mr. HEINRICH, Mr. COONS, Mr. MAR- amendment: from the closest medical facility of the De- KEY, Mr. MERKLEY, Mrs. SHAHEEN, S. Res. 31. An original resolution author- partment that furnishes the care sought by Ms. MIKULSKI, Mr. BOOKER, Mrs. izing expenditures by the Committee on En- the veteran, and for other purposes; to the FEINSTEIN, Ms. STABENOW, Mr. vironment and Public Works. Committee on Veterans’ Affairs. WYDEN, Mr. FRANKEN, Ms. KLO- By Mr. ISAKSON, from the Committee on By Mr. JOHNSON (for himself, Mr. BUCHAR, Mr. CARDIN, Mrs. MCCASKILL, Veterans’ Affairs, without amendment: CORNYN, Mr. FLAKE, and Mr. Mr. DURBIN, Mr. PETERS, and Mr. S. Res. 32. An original resolution author- MCCAIN): BENNET): izing expenditures by the Committee on Vet- S. 208. A bill to require the Secretary of S. 217. A bill to protect a woman’s right to erans’ Affairs. Homeland Security to gain and maintain determine whether and when to bear a child operational control of the international bor- or end a pregnancy by limiting restrictions f ders of the United States, and for other pur- on the provision of abortion services; to the INTRODUCTION OF BILLS AND poses; to the Committee on Homeland Secu- Committee on the Judiciary. JOINT RESOLUTIONS rity and Governmental Affairs. By Mr. ENZI (for himself and Ms. KLO- By Mr. BARRASSO (for himself, Mr. BUCHAR): The following bills and joint resolu- TESTER, Mr. MCCAIN, Mr. HOEVEN, S. 218. A bill to facilitate emergency med- tions were introduced, read the first Mr. ENZI, Mr. MORAN, and Mrs. FISCH- ical services personnel training and certifi- and second times by unanimous con- ER): cation curriculums for veterans; to the Com- sent, and referred as indicated: S. 209. A bill to amend the Indian Tribal mittee on Health, Education, Labor, and Energy Development and Self-Determination Pensions. By Mr. PORTMAN (for himself, Ms. Act of 2005, and for other purposes; to the By Mr. CASEY: AYOTTE, Mr. BARRASSO, Mr. BLUNT, Committee on Indian Affairs. S. 219. A bill to prohibit the expenditure of Mrs. CAPITO, Mr. CRAPO, Mrs. FISCH- By Mr. CASEY (for himself, Mr. Federal funds for abortions, and for other ER, Mr. FLAKE, Mr. INHOFE, Mr. ISAK- MORAN, Mr. ROBERTS, and Mr. purposes; to the Committee on Health, Edu- SON, Mr. LEE, Mr. RUBIO, Mr. THUNE, TESTER): cation, Labor, and Pensions. Mr. VITTER, and Mr. SCOTT): S. 210. A bill to amend the Internal Rev- By Mr. CASEY: S. 200. A bill to amend the Congressional enue Code of 1986 to allow a credit against S. 220. A bill to prohibit discrimination and Budget Act of 1974 to provide for macro- income tax for amounts paid by a spouse of retaliation against individuals and health economic analysis of the impact of major a member of the Armed Forces for a new care entities that refuse to recommend, refer revenue legislation; to the Committee on the State license or certification required by for, provide coverage for, pay for, provide, Budget. reason of a permanent change in the duty perform, assist, or participate in abortions; By Mr. PORTMAN (for himself, Mr. station of such member to another State; to to the Committee on Health, Education, COCHRAN, Mr. THUNE, Mr. RISCH, Mr. the Committee on Finance. Labor, and Pensions. BURR, and Mr. ROBERTS): By Mr. CASEY: By Mr. CASEY: S. 201. A bill to amend title 18, United S. 211. A bill to establish the Susquehanna S. 221. A bill to amend the Patient Protec- States Code, to prohibit taking minors Gateway National Heritage Area in the tion and Affordable Care Act to authorize ad- across State lines in circumvention of laws State of Pennsylvania, and for other pur- ditional funding for the pregnancy assistance requiring the involvement of parents in abor- poses; to the Committee on Energy and Nat- fund; to the Committee on Health, Edu- tion decisions; to the Committee on the Ju- ural Resources. cation, Labor, and Pensions. diciary. By Mrs. BOXER (for herself and Mr. By Mrs. BOXER (for herself and Mr. By Mr. CORNYN: NELSON): SESSIONS): S. 202. A bill to provide for a technical S. 212. A bill to amend the Help America S. 222. A bill to establish the National change to the Medicare long-term care hos- Vote Act of 2002 to ensure that voters in Prostate Cancer Council for improved pital moratorium exception; to the Com- elections for Federal office do not wait in screening, early detection, assessment, and mittee on Finance. long lines in order to vote; to the Committee monitoring of prostate cancer, and to direct By Mr. HATCH (for himself, Mr. ALEX- on Rules and Administration. the development and implementation of a ANDER, Ms. AYOTTE, Mr. BARRASSO, By Mrs. BOXER: national strategic plan to expedite advance- Mr. BLUNT, Mr. BURR, Mr. COCHRAN, S. 213. A bill to improve requirements for ment of diagnostic tools and the transfer of Ms. COLLINS, Mr. CORNYN, Mrs. FISCH- entering into commerce of imitation fire- such tools to patients; to the Committee on ER, Mr. GRASSLEY, Mr. INHOFE, Mr. arms, and for other purposes; to the Com- Health, Education, Labor, and Pensions. ISAKSON, Mr. KIRK, Ms. MURKOWSKI, mittee on Commerce, Science, and Transpor- By Mrs. BOXER (for herself and Mrs. Mr. PORTMAN, Mr. RISCH, Mr. ROB- tation. FEINSTEIN): ERTS, Mr. RUBIO, Mr. THUNE, Mr. By Mr. MENENDEZ (for himself, Mr. S. 223. A bill to require the Secretary of WICKER, and Mr. COATS): UDALL, Ms. WARREN, Mrs. GILLI- Veterans Affairs to establish a pilot program

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.028 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S348 CONGRESSIONAL RECORD — SENATE January 21, 2015

on awarding grants for provision of fur- By Mr. SANDERS: S. 166 niture, household items, and other assist- S.J. Res. 4. A joint resolution proposing an At the request of Ms. KLOBUCHAR, the ance to homeless veterans to facilitate their amendment to the Constitution of the name of the Senator from Mississippi transition into permanent housing, and for United States to restore the rights of the other purposes; to the Committee on Vet- American people that were taken away by (Mr. WICKER) was added as a cosponsor erans’ Affairs. the Supreme Court’s decision in the Citizens of S. 166, a bill to stop exploitation By Mrs. BOXER (for herself, Mr. KIRK, United case and related decisions, to protect through trafficking. and Mrs. SHAHEEN): the integrity of our elections, and to limit S. 167 S. 224. A bill to ensure the United States the corrosive influence of money in our At the request of Mr. MCCAIN, the promotes women’s meaningful inclusion and democratic process; to the Committee on the participation in mediation and negotiation Judiciary. names of the Senator from New Hamp- processes undertaken in order to prevent, By Mr. UDALL (for himself, Mr. BEN- shire (Ms. AYOTTE) and the Senator mitigate, and resolve violent conflict and NET, Mr. DURBIN, Mr. SANDERS, Mr. from Alabama (Mr. SESSIONS) were implements the United States National Ac- TESTER, Ms. BALDWIN, Mr. added as cosponsors of S. 167, a bill to tion Plan on Women, Peace, and Security; to BLUMENTHAL, Mrs. BOXER, Mr. direct the Secretary of Veterans Af- the Committee on Foreign Relations. BROWN, Mr. CARDIN, Mr. CARPER, Mr. By Mr. THUNE (for himself and Ms. fairs to provide for the conduct of an- CASEY, Mrs. FEINSTEIN, Mr. FRANKEN, KLOBUCHAR): nual evaluations of mental health care Mrs. GILLIBRAND, Mr. HEINRICH, Ms. S. 225. A bill to amend the Toxic Sub- and suicide prevention programs of the HEITKAMP, Ms. HIRONO, Mr. KING, Ms. stances Control Act to clarify the jurisdic- Department of Veterans Affairs, to re- KLOBUCHAR, Mr. MARKEY, Mr. MENEN- tion of the Environmental Protection Agen- DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. quire a pilot program on loan repay- cy with respect to certain sporting good arti- ment for psychiatrists who agree to cles, and to exempt those articles from a def- MURPHY, Mrs. MURRAY, Mr. PETERS, inition under that Act; to the Committee on Mr. REED, Mr. REID, Mr. SCHUMER, serve in the Veterans Health Adminis- Environment and Public Works. Mrs. SHAHEEN, Ms. STABENOW, Ms. tration of the Department of Veterans By Mr. PAUL (for himself, Mr. BLUNT, WARREN, Mr. WHITEHOUSE, and Mr. Affairs, and for other purposes. WYDEN): Mr. LEE, Mr. SCOTT, Mr. PORTMAN, S. 170 Mr. MORAN, Mr. HELLER, Mr. CRUZ, S. J. Res. 5. A joint resolution proposing an At the request of Mr. TESTER, the Ms. AYOTTE, Mr. FLAKE, Mr. CRAPO, amendment to the Constitution of the Mrs. FISCHER, Mr. MCCAIN, Mr. VIT- United States relating to contributions and name of the Senator from New York TER, Mr. BOOZMAN, Mr. PERDUE, Mr. expenditures intended to affect elections; to (Mr. SCHUMER) was added as a cospon- CORNYN, Mr. THUNE, Mrs. CAPITO, Mr. the Committee on the Judiciary. sor of S. 170, a bill to amend title 38, ISAKSON, Mr. BARRASSO, Mr. INHOFE, f United States Code, to increase the Mr. ENZI, Mr. DAINES, Mr. SULLIVAN, SUBMISSION OF CONCURRENT AND maximum age for children eligible for Mr. SASSE, Mr. ROUNDS, Mr. RUBIO, SENATE RESOLUTIONS medical care under the CHAMPVA pro- Mr. ROBERTS, Mr. GRASSLEY, Mr. gram, and for other purposes. JOHNSON, and Mr. GARDNER): The following concurrent resolutions S. 176 S. 226. A bill to amend chapter 8 of title 5, and Senate resolutions were read, and United States Code, to provide that major referred (or acted upon), as indicated: At the request of Mrs. BOXER, the rules of the executive branch shall have no name of the Senator from California force or effect unless a joint resolution of ap- By Mr. INHOFE: (Mrs. FEINSTEIN) was added as a co- proval is enacted into law; to the Committee S. Res. 31. An original resolution author- on Homeland Security and Governmental Af- izing expenditures by the Committee on En- sponsor of S. 176, a bill to advance inte- fairs. vironment and Public Works; from the Com- grated water management and develop- By Mr. ALEXANDER (for himself and mittee on Environment and Public Works; to ment through innovation, resiliency, the Committee on Rules and Administration. Mrs. MURRAY): conservation, and efficiency in the 21st S. 227. A bill to strengthen the Federal By Mr. ISAKSON: century, and for other purposes. education research system to make research S. Res. 32. An original resolution author- and evaluations more timely and relevant to izing expenditures by the Committee on Vet- S. 178 State and local needs in order to increase erans’ Affairs; from the Committee on Vet- At the request of Mr. CORNYN, the student achievement; to the Committee on erans Affairs; to the Committee on Rules and names of the Senator from Nebraska Administration. Health, Education, Labor, and Pensions. (Mrs. FISCHER), the Senator from New By Mr. CRAPO (for himself, Mr. VIT- f York (Mrs. GILLIBRAND), the Senator TER, and Mr. RISCH): S. 228. A bill to amend title 54, United ADDITIONAL COSPONSORS from Arkansas (Mr. BOOZMAN), the Sen- States Code, to provide for congressional and ator from Pennsylvania (Mr. TOOMEY) S.48 State approval of national monuments and and the Senator from Iowa (Mr. GRASS- At the request of Mr. VITTER, the restrictions on the use of national monu- LEY) were added as cosponsors of S. 178, ments; to the Committee on Energy and Nat- names of the Senator from Ohio (Mr. a bill to provide justice for the victims ural Resources. PORTMAN) and the Senator from Iowa of trafficking. By Mr. WHITEHOUSE (for himself, Mr. (Mr. GRASSLEY) were added as cospon- UDALL, Ms. WARREN, Mr. CARPER, Mr. sors of S. 48, a bill to prohibit discrimi- S. 182 COONS, Mr. MARKEY, Mr. LEAHY, Mr. nation against the unborn on the basis At the request of Mr. ROBERTS, the DURBIN, Mrs. MURRAY, Mr. BENNET, of sex or gender, and for other pur- name of the Senator from West Vir- Mrs. BOXER, Ms. HIRONO, Mrs. GILLI- poses. ginia (Mrs. CAPITO) was added as a co- BRAND, Mrs. SHAHEEN, Mr. CARDIN, sponsor of S. 182, a bill to amend the Ms. STABENOW, Mr. MERKLEY, Ms. S. 149 Elementary and Secondary Education BALDWIN, Mr. MURPHY, Mr. NELSON, At the request of Mr. HATCH, the Act of 1965 to prohibit Federal edu- Mr. CASEY, Mr. BROWN, Mr. REED, Ms. names of the Senator from Missouri cation mandates, and for other pur- HEITKAMP, Mr. MANCHIN, Mrs. MCCAS- (Mr. BLUNT), the Senator from West KILL, Mr. WARNER, Mr. FRANKEN, Mr. poses. Virginia (Mrs. CAPITO) and the Senator SANDERS, Mr. MENENDEZ, Mr. HEIN- from Oklahoma (Mr. LANKFORD) were S. 183 RICH, Mr. TESTER, Mr. SCHUMER, Mr. At the request of Mr. BARRASSO, the KAINE, Ms. KLOBUCHAR, Ms. MIKUL- added as cosponsors of S. 149, a bill to SKI, Mr. KING, Mr. BLUMENTHAL, Mrs. amend the Internal Revenue Code of names of the Senator from Louisiana FEINSTEIN, Mr. BOOKER, and Mr. 1986 to repeal the excise tax on medical (Mr. CASSIDY), the Senator from Maine PETERS): devices. (Ms. COLLINS) and the Senator from S. 229. A bill to amend the Federal Election S. 165 West Virginia (Mrs. CAPITO) were added Campaign Act of 1971 to provide for addi- At the request of Ms. AYOTTE, the as cosponsors of S. 183, a bill to repeal tional disclosure requirements for corpora- the annual fee on health insurance pro- tions, labor organizations, Super PACs and name of the Senator from North Caro- other entities, and for other purposes; to the lina (Mr. TILLIS) was added as a co- viders enacted by the Patient Protec- Committee on Rules and Administration. sponsor of S. 165, a bill to extend and tion and Affordable Care Act. By Ms. MURKOWSKI: enhance prohibitions and limitations S. 192 S. 230. A bill to provide for the conveyance of certain property to the Yukon with respect to the transfer or release At the request of Mr. ALEXANDER, the Kuskokwim Health Corporation located in of individuals detained at United names of the Senator from Utah (Mr. Bethel, Alaska; to the Committee on Indian States Naval Station, Guantanamo HATCH), the Senator from Georgia (Mr. Affairs. Bay, Cuba, and for other purposes. ISAKSON) and the Senator from Alaska

VerDate Sep 11 2014 07:32 Nov 18, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD15\JAN 15\S21JA5.REC S21JA5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 21, 2015 CONGRESSIONAL RECORD — SENATE S349 (Ms. MURKOWSKI) were added as cospon- (Mrs. GILLIBRAND), the Senator from vide for additional disclosure require- sors of S. 192, a bill to reauthorize the West Virginia (Mr. MANCHIN), the Sen- ments for corporations, labor organiza- Older Americans Act of 1965, and for ator from New Hampshire (Ms. tions, Super PACs and other entities, other purposes. AYOTTE), the Senator from Wisconsin and for other purposes; to the Com- S.J. RES. 2 (Ms. BALDWIN), the Senator from Maine mittee on Rules and Administration. At the request of Mr. LEE, the name (Mr. KING), the Senator from Vermont Mr. WHITEHOUSE. Mr. President, I of the Senator from Iowa (Mr. GRASS- (Mr. LEAHY), and the Senator from rise today to introduce the DISCLOSE LEY) was added as a cosponsor of S.J. Connecticut (Mr. MURPHY) were added Act of 2015. Res. 2, a joint resolution proposing an as cosponsors of amendment No. 74 in- Simply put, this bill would end the amendment to the Constitution of the tended to be proposed to S. 1, a bill to massive undisclosed spending in elec- United States requiring that the Fed- approve the Keystone XL Pipeline. tions that is undermining public faith eral budget be balanced. AMENDMENT NO. 77 in our democracy, creating what one AMENDMENT NO. 19 At the request of Mr. UDALL, the newspaper called ‘‘a tsunami of slime.’’ At the request of Mrs. FISCHER, the name of the Senator from Maryland Today marks the 5-year anniversary of the Supreme Court’s disastrous 5–4 name of the Senator from Idaho (Mr. (Mr. CARDIN) was added as a cosponsor decision in Citizens United v. FEC. CRAPO) was added as a cosponsor of of amendment No. 77 intended to be With that feat of judicial activism, amendment No. 19 intended to be pro- proposed to S. 1, a bill to approve the which will likely go down with Lochner posed to S. 1, a bill to approve the Key- Keystone XL Pipeline. stone XL Pipeline. v. New York as one of the Supreme f AMENDMENT NO. 24 Court’s worst decisions, the conserv- At the request of Mr. SANDERS, the STATEMENTS ON INTRODUCED ative bloc of the Supreme Court over- name of the Senator from Vermont BILLS AND JOINT RESOLUTIONS turned the laws of Congress protecting (Mr. LEAHY) and the Senator from Con- By Mr. CORNYN: our elections’ integrity, thwarted the necticut (Mr. MURPHY) were added as S. 202. A bill to provide for a tech- will of the American people, and al- cosponsors of amendment No. 24 in- nical change to the Medicare long-term lowed unlimited anonymous corporate tended to be proposed to S. 1, a bill to care hospital moratorium exception; to money to flood into our elections. approve the Keystone XL Pipeline. the Committee on Finance. Worse still, even though the justices decided 8–1 that laws promoting disclo- AMENDMENT NO. 27 Mr. CORNYN. Mr. President, I ask sure of outside spending were necessary At the request of Mr. WYDEN, the unanimous consent that the text of the and appropriate, everything that has name of the Senator from Virginia (Mr. bill be printed in the RECORD. happened since has shown a concerted WARNER) was added as a cosponsor of There being no objection, the text of amendment No. 27 intended to be pro- the bill was ordered to be printed in effort to prevent and frustrate disclo- posed to S. 1, a bill to approve the Key- the RECORD, as follows: sure. So the billionaires and corpora- stone XL Pipeline. S. 202 tions spending tens and even hundreds of millions of dollars on elections can AMENDMENT NO. 29 Be it enacted by the Senate and House of Rep- continue to do so with no public knowl- At the request of Mr. WHITEHOUSE, resentatives of the United States of America in edge and no accountability. the names of the Senator from West Congress assembled, The Citizens United decision hangs Virginia (Mr. MANCHIN) and the Sen- SECTION 1. TECHNICAL CHANGE TO THE MEDI- CARE LONG-TERM CARE HOSPITAL on a series of irretrievably flawed as- ator from Vermont (Mr. LEAHY) were MORATORIUM EXCEPTION. sertions. Among them is the premise added as cosponsors of amendment No. (a) IN GENERAL.—Section 114(d) of the that unlimited corporate expenditures 29 proposed to S. 1, a bill to approve Medicare, Medicaid, and SCHIP Extension would be fine because there would be a the Keystone XL Pipeline. Act of 2007 (42 U.S.C. 1395ww note), as amend- regime of ‘‘effective disclosure’’ that At the request of Mr. INHOFE, his ed by sections 3106(b) and 10312(b) of Public would ‘‘provide shareholders and citi- name was added as a cosponsor of Law 111–148, section 1206(b)(2) of the Pathway zens with the information needed to amendment No. 29 proposed to S. 1, for SGR Reform Act of 2013 (division B of hold corporations and elected officials supra. Public Law 113–67), and section 112 of the Protecting Access to Medicare Act of 2014 accountable for their positions and AMENDMENT NO. 30 (Public Law 113–93), is amended, in para- supporters.’’ At the request of Mr. LEAHY, the graph (7), by striking ‘‘The moratorium However, following Citizens United, names of the Senator from Delaware under paragraph (1)(A)’’ and inserting ‘‘Any that regime of ‘‘effective disclosure’’ (Mr. COONS) and the Senator from moratorium under paragraph (1)’’ in the has completely broken down, with bil- Rhode Island (Mr. WHITEHOUSE) were matter preceding subparagraph (A). lionaires and corporations spending un- added as cosponsors of amendment No. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect as if limited secret money in elections. In 30 intended to be proposed to S. 1, a bill the 2014 elections, the most expensive to approve the Keystone XL Pipeline. included in the enactment of section 112 of the Protecting Access to Medicare Act of midterm elections in our history, with AMENDMENT NO. 50 2014 (Public Law 113–93). over $3.6 billion spent, the Washington At the request of Mr. HATCH, the Post reported that at least 31 percent name of the Senator from Idaho (Mr. By Mr. WHITEHOUSE (for him- of all independent spending was spent CRAPO) was added as a cosponsor of self, Mr. UDALL, Ms. WARREN, by groups that are not required to dis- amendment No. 50 intended to be pro- Mr. CARPER, Mr. COONS, Mr. close their donors. And that doesn’t posed to S. 1, a bill to approve the Key- MARKEY, Mr. LEAHY, Mr. DUR- even count spending on so-called ‘‘issue stone XL Pipeline. BIN, Mrs. MURRAY, Mr. BENNET, ads,’’ which is also not reported. AMENDMENT NO. 58 Mrs. BOXER, Ms. HIRONO, Mrs. The first line of defense for campaign At the request of Mr. SCHATZ, the GILLIBRAND, Mrs. SHAHEEN, Mr. finance laws is supposed to be the Fed- name of the Senator from West Vir- CARDIN, Ms. STABENOW, Mr. eral Election Commission. However, 5 ginia (Mr. MANCHIN) as added as a co- MERKLEY, Ms. BALDWIN, Mr. years after the fact, the FEC just held sponsor of amendment No. 58 intended MURPHY, Mr. NELSON, Mr. a public meeting to consider rules to to be proposed to S. 1, a bill to approve CASEY, Mr. BROWN, Mr. REED, implement the Court’s decision in Citi- the Keystone XL Pipeline. Ms. HEITKAMP, Mr. MANCHIN, zens United, and incredibly, the com- AMENDMENT NO. 73 Mrs. MCCASKILL, Mr. WARNER, missioners did not even consider rules At the request of Mr. MORAN, the Mr. FRANKEN, Mr. SANDERS, Mr. to require disclosure. name of the Senator from Texas (Mr. MENENDEZ, Mr. HEINRICH, Mr. That has left the problem largely to CORNYN) was added as a cosponsor of TESTER, Mr. SCHUMER, Mr. the Internal Revenue Service, because amendment No. 73 intended to be pro- KAINE, Ms. KLOBUCHAR, Ms. MI- so many of the offending organizations posed to S. 1, a bill to approve the Key- KULSKI, Mr. KING, Mr. are non-profits. And they mangled this. stone XL Pipeline. BLUMENTHAL, Mrs. FEINSTEIN, First, they failed to investigate big AMENDMENT NO. 74 Mr. BOOKER, and Mr. PETERS). non-profit groups spending hundreds of At the request of Mr. REED, the S. 229. A bill to amend the Federal millions of dollars on elections making names of the Senator from New York Election Campaign Act of 1971 to pro- what appeared to be illegal, material

VerDate Mar 15 2010 04:22 Nov 08, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD15\JAN 15\S21JA5.REC S21JA5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S350 CONGRESSIONAL RECORD — SENATE January 21, 2015 false statements about election spend- government ‘‘of the people, by the peo- ENACTMENT.—The amendment made by para- ing on these IRS forms. Then the IRS ple, and for the people.’’ As Republican graph (2) shall apply with respect to commu- singled out organizations for scrutiny former Federal Election Commission nications made on or after January 1, 2016, except that no communication which is based on words in their names sug- Chairman Trevor Potter has said, the made prior to such date shall be treated as gesting that they were politically ac- DISCLOSE Act is ‘‘appropriately tar- an electioneering communication under sub- tive. Recently, the Treasury Depart- geted, narrowly tailored, clearly con- clause (II) or (III) of section 304(f)(3)(A)(i) of ment and the IRS proposed new rules stitutional and desperately needed.’’ the Federal Election Campaign Act of 1971 to require disclosure by 501(c)(4) I thank our 35 cosponsors of this bill (as amended by paragraph (2)) unless the groups. Along with fifteen of my col- so far, and Representative VAN HOLLEN communication would be treated as an elec- leagues, I commended the effort to en- for introducing in the House, and I tioneering communication under such sec- sure disclosure by these non-profits. urge my colleagues to support the DIS- tion if the amendment made by paragraph (2) did not apply. However, the IRS withdrew the pro- CLOSE Act of 2015. (b) DISCLOSURE REQUIREMENTS FOR COR- posed rules, and the latest reporting Mr. President, I ask unanimous con- PORATIONS, LABOR ORGANIZATIONS, AND CER- says that new rules won’t be ready for sent that the text of the bill be printed TAIN OTHER ENTITIES.— the 2016 elections, another failure of in the RECORD. (1) IN GENERAL.—Section 324 of the Federal disclosure. There being no objection, the text of Election Campaign Act of 1971 (52 U.S.C. The DISCLOSE Act would put some the bill was ordered to be printed in 30126) is amended to read as follows: ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED transparency into the ‘‘tsunami of the RECORD, as follows: DISBURSEMENTS BY COVERED OR- slime.’’ The bill, which is unchanged S. 229 GANIZATIONS. from the version introduced last Con- Be it enacted by the Senate and House of Rep- ‘‘(a) DISCLOSURE STATEMENT.— gress, would require organizations resentatives of the United States of America in ‘‘(1) IN GENERAL.—Any covered organiza- spending money in elections—including Congress assembled, tion that makes campaign-related disburse- super PACS and tax-exempt 501(c)(4) ments aggregating more than $10,000 in an SECTION 1. SHORT TITLE. election reporting cycle shall, not later than groups—to promptly disclose donors This Act may be cited as the ‘‘Democracy 24 hours after each disclosure date, file a who have given $10,000 or more during Is Strengthened by Casting Light On Spend- statement with the Commission made under an election cycle. The bill includes ro- ing in Elections Act of 2015’’ or the ‘‘DIS- penalty of perjury that contains the infor- bust transfer provisions to prevent po- CLOSE Act of 2015’’. mation described in paragraph (2)— litical operatives from using complex SEC. 2. CAMPAIGN DISBURSEMENT REPORTING. ‘‘(A) in the case of the first statement filed webs of entities to game the system (a) INFORMATION REQUIRED TO BE RE- under this subsection, for the period begin- and hide donor identities. This is not a PORTED.— ning on the first day of the election report- (1) TREATMENT OF FUNCTIONAL EQUIVALENT new idea. Many Republicans, including ing cycle and ending on the first such disclo- OF EXPRESS ADVOCACY AS INDEPENDENT EX- sure date; and several in the Senate, used to support PENDITURE.—Subparagraph (A) of section ‘‘(B) in the case of any subsequent state- disclosure. 301(17) of the Federal Election Campaign Act ment filed under this subsection, for the pe- Senator ALEXANDER has said, ‘‘I sup- of 1971 (52 U.S.C. 30101(17)) is amended to read riod beginning on the previous disclosure port campaign finance reform, but to as follows: date and ending on such disclosure date. me that means individual contribu- ‘‘(A) that expressly advocates the election ‘‘(2) INFORMATION DESCRIBED.—The infor- tions, free speech, and full disclosure.’’ or defeat of a clearly identified candidate, or mation described in this paragraph is as fol- ‘‘I don’t like it when a large source of is the functional equivalent of express advo- lows: money is out there funding ads and is cacy because, when taken as a whole, it can ‘‘(A) The name of the covered organization be interpreted by a reasonable person only as and the principal place of business of such unaccountable,’’ said Senator SES- advocating the election or defeat of a can- organization. SIONS. ‘‘To the extent we can, I tend to didate, taking into account whether the ‘‘(B) The amount of each campaign-related favor disclosure.’’ communication involved mentions a can- disbursement made by such organization Or as Senator CORNYN put it, ‘‘I think didacy, a political party, or a challenger to a during the period covered by the statement the system needs more transparency, candidate, or takes a position on a can- of more than $1,000, and the name and ad- so people can more easily reach their didate’s character, qualifications, or fitness dress of the person to whom the disburse- own conclusions.’’ for office; and’’. ment was made. ‘‘(C) In the case of a campaign-related dis- Senator MCCONNELL once summed it (2) EXPANSION OF PERIOD DURING WHICH COM- bursement that is not a covered transfer, the up nicely: ‘‘Virtually everybody in the MUNICATIONS ARE TREATED AS ELECTIONEERING COMMUNICATIONS.—Section 304(f)(3)(A)(i) of election to which the campaign-related dis- Senate is in favor of enhanced disclo- such Act (52 U.S.C. 30104(f)(3)(A)(i)) is amend- bursement pertains and if the disbursement sure, greater disclosure. That’s really ed— is made for a public communication, the hardly a controversial subject.’’ (A) by redesignating subclause (III) as sub- name of any candidate identified in such And he was right—until Citizens clause (IV); and communication and whether such commu- United. Suddenly Republicans are (B) by striking subclause (II) and inserting nication is in support of or in opposition to fighting to keep the American people the following: a candidate. in the dark to protect their wealthy ‘‘(II) in the case of a communication which ‘‘(D) A certification by the chief executive refers to a candidate for an office other than officer or person who is the head of the cov- funders. ered organization that the campaign-related The high disclosure threshold and the President or Vice President, is made dur- ing the period beginning on January 1 of the disbursement is not made in cooperation, other provisions in the bill protect calendar year in which a general or runoff consultation, or concert with or at the re- membership organizations from having election is held and ending on the date of the quest or suggestion of a candidate, author- to disclose their member lists, and general or runoff election (or in the case of ized committee, or agent of a candidate, po- from having to disclose any donor who a special election, during the period begin- litical party, or agent of a political party. does not wish his or her contribution to ning on the date on which the announcement ‘‘(E) If the covered organization makes be used for political purposes. with respect to such election is made and campaign-related disbursements using exclu- ending on the date of the special election); sively funds in a segregated bank account Our campaign finance system is bro- consisting of funds that were paid directly to ken. Immediate action is required to ‘‘(III) in the case of a communication which refers to a candidate for the office of such account by persons other than the cov- fix it. Americans of all political stripes President or Vice President, is made in any ered organization that controls the account, are disgusted by the influence of un- State during the period beginning 120 days for each such payment to the account— limited, anonymous corporate cash in before the first primary election, caucus, or ‘‘(i) the name and address of each person our elections, and by campaigns that preference election held for the selection of who made such payment during the period succeed or fail depending on how many delegates to a national nominating conven- covered by the statement; billionaires the candidates have in tion of a political party is held in any State ‘‘(ii) the date and amount of such payment; and their pockets. (or, if no such election or caucus is held in any State, the first convention or caucus of ‘‘(iii) the aggregate amount of all such Passing this law would remove the payments made by the person during the pe- dark cloud of unlimited, anonymous a political party which has the authority to nominate a candidate for the office of Presi- riod beginning on the first day of the elec- money from our elections, and would dent or Vice President) and ending on the tion reporting cycle and ending on the dis- prove to the American people that Con- date of the general election; and’’. closure date; gress is committed to fairness, equal- (3) EFFECTIVE DATE; TRANSITION FOR ELEC- but only if such payment was made by a per- ity, and the fundamental principle of a TIONEERING COMMUNICATIONS MADE PRIOR TO son who made payments to the account in an

VerDate Sep 11 2014 06:38 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.037 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S351 aggregate amount of $10,000 or more during cluded from statements and reports filed ‘‘(A) A disbursement made by a covered or- the period beginning on the first day of the under section 304. ganization in a commercial transaction in election reporting cycle and ending on the ‘‘(2) TREATMENT AS SEPARATE SEGREGATED the ordinary course of any trade or business disclosure date. FUND.—A segregated bank account referred conducted by the covered organization or in ‘‘(F) If the covered organization makes to in subsection (a)(2)(E) may be treated as a the form of investments made by the covered campaign-related disbursements using funds separate segregated fund for purposes of sec- organization. other than funds in a segregated bank ac- tion 527(f)(3) of the Internal Revenue Code of ‘‘(B) A disbursement made by a covered or- count described in subparagraph (E), for each 1986. ganization if— payment to the covered organization— ‘‘(c) FILING.—Statements required to be ‘‘(i) the covered organization prohibited, in ‘‘(i) the name and address of each person filed under subsection (a) shall be subject to writing, the use of such disbursement for who made such payment during the period the requirements of section 304(d) to the campaign-related disbursements; and covered by the statement; same extent and in the same manner as if ‘‘(ii) the recipient of the disbursement ‘‘(ii) the date and amount of such payment; such reports had been required under sub- agreed to follow the prohibition and depos- section (c) or (g) of section 304. and ited the disbursement in an account which is ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE- ‘‘(iii) the aggregate amount of all such segregated from any account used to make payments made by the person during the pe- FINED.—In this section, the term ‘campaign- related disbursement’ means a disbursement campaign-related disbursements. riod beginning on the first day of the elec- by a covered organization for any of the fol- ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS tion reporting cycle and ending on the dis- lowing: AMONG AFFILIATES.— closure date; ‘‘(1) An independent expenditure consisting ‘‘(A) EXCEPTION FOR CERTAIN TRANSFERS but only if such payment was made by a per- of a public communication. AMONG AFFILIATES.— son who made payments to the covered orga- ‘‘(2) An electioneering communication, as ‘‘(i) IN GENERAL.—The term ‘covered trans- nization in an aggregate amount of $10,000 or defined in section 304(f)(3). fer’ does not include an amount transferred more during the period beginning on the first ‘‘(3) A covered transfer. by one covered organization to another cov- day of the election reporting cycle and end- ‘‘(e) COVERED ORGANIZATION DEFINED.—In ered organization if such transfer— ing on the disclosure date. this section, the term ‘covered organization’ ‘‘(I) is not made directly into a separate ‘‘(G) Such other information as required in means any of the following: segregated bank account described in sub- rules established by the Commission to pro- ‘‘(1) A corporation (other than an organiza- section (a)(2)(E); and mote the purposes of this section. tion described in section 501(c)(3) of the In- ‘‘(II) is treated as a transfer between affili- ‘‘(3) EXCEPTIONS.— ternal Revenue Code of 1986). ates under subparagraph (B). ‘‘(A) AMOUNTS RECEIVED IN ORDINARY ‘‘(2) An organization described in section ‘‘(ii) SPECIAL RULE.—If the aggregate COURSE OF BUSINESS.—The requirement to in- 501(c) of such Code and exempt from taxation amount of transfers described in clause (i) clude in a statement filed under paragraph under section 501(a) of such Code (other than exceeds $50,000 in any election reporting (1) the information described in paragraph an organization described in section 501(c)(3) cycle— (2) shall not apply to amounts received by of such Code). ‘‘(I) the covered organization which makes the covered organization in commercial ‘‘(3) A labor organization (as defined in sec- such transfers shall provide to the covered transactions in the ordinary course of any tion 316(b)). organization receiving such transfers the in- trade or business conducted by the covered ‘‘(4) Any political organization under sec- formation required under subsection (a)(2)(F) organization or in the form of investments tion 527 of the Internal Revenue Code of 1986, (applied by substituting ‘the period begin- (other than investments by the principal other than a political committee under this ning on the first day of the election report- shareholder in a limited liability corpora- Act. ing cycle and ending on the date of the most tion) in the covered organization. ‘‘(f) COVERED TRANSFER DEFINED.— recent transfer described in subsection ‘‘(B) DONOR RESTRICTION ON USE OF FUNDS.— ‘‘(1) IN GENERAL.—In this section, the term (f)(3)(A)(i)’ for ‘the period covered by the The requirement to include in a statement ‘covered transfer’ means any transfer or pay- statement’ in clause (i) thereof); and submitted under paragraph (1) the informa- ment of funds by a covered organization to ‘‘(II) the covered organization receiving tion described in subparagraph (F) of para- another person if the covered organization— such transfers shall report the information graph (2) shall not apply if— ‘‘(A) designates, requests, or suggests that described in subclause (I) on any statement ‘‘(i) the person described in such subpara- the amounts be used for— filed under subsection (a)(1) as if any con- graph prohibited, in writing, the use of the ‘‘(i) campaign-related disbursements (other tribution, donation, or transfer to which payment made by such person for campaign- than covered transfers); or such information relates was made directly related disbursements; and ‘‘(ii) making a transfer to another person to the covered organization receiving the ‘‘(ii) the covered organization agreed to for the purpose of making or paying for such transfer. follow the prohibition and deposited the pay- campaign-related disbursements; ‘‘(B) DESCRIPTION OF TRANSFERS BETWEEN ment in an account which is segregated from ‘‘(B) made such transfer or payment in re- AFFILIATES.—A transfer of amounts from one any account used to make campaign-related sponse to a solicitation or other request for covered organization to another covered or- disbursements. a donation or payment for— ganization shall be treated as a transfer be- ‘‘(C) AMOUNTS RECEIVED FROM AFFILIATES.— ‘‘(i) the making of or paying for campaign- tween affiliates if— The requirement to include in a statement related disbursements (other than covered ‘‘(i) one of the organizations is an affiliate submitted under paragraph (1) the informa- transfers); or of the other organization; or tion described in subparagraph (F) of para- ‘‘(ii) making a transfer to another person ‘‘(ii) each of the organizations is an affil- graph (2) shall not apply to any amount for the purpose of making or paying for such iate of the same organization; which is described in subsection (f)(3)(A)(i). campaign-related disbursements; except that the transfer shall not be treated ‘‘(4) OTHER DEFINITIONS.—For purposes of ‘‘(C) engaged in discussions with the recipi- as a transfer between affiliates if one of the this section: ent of the transfer or payment regarding— organizations is established for the purpose ‘‘(A) DISCLOSURE DATE.—The term ‘disclo- ‘‘(i) the making of or paying for campaign- of making campaign-related disbursements. sure date’ means— related disbursements (other than covered ‘‘(C) DETERMINATION OF AFFILIATE STA- ‘‘(i) the first date during any election re- transfers); or TUS.—For purposes of this paragraph, the fol- porting cycle by which a person has made ‘‘(ii) donating or transferring any amount lowing organizations shall be considered to campaign-related disbursements aggregating of such transfer or payment to another per- be affiliated with each other: more than $10,000; and son for the purpose of making or paying for ‘‘(i) A membership organization, including ‘‘(ii) any other date during such election such campaign-related disbursements; a trade or professional association, and the reporting cycle by which a person has made ‘‘(D) made campaign-related disbursements related State and local entities of that orga- campaign-related disbursements aggregating (other than a covered transfer) in an aggre- nization. more than $10,000 since the most recent dis- gate amount of $50,000 or more during the 2- ‘‘(ii) A national or international labor or- closure date for such election reporting year period ending on the date of the trans- ganization and its State or local unions, or cycle. fer or payment, or knew or had reason to an organization of national or international ‘‘(B) ELECTION REPORTING CYCLE.—The term know that the person receiving the transfer unions and its State and local entities. ‘election reporting cycle’ means the 2-year or payment made such disbursements in such ‘‘(iii) A corporation and its wholly owned period beginning on the date of the most re- an aggregate amount during that 2-year pe- subsidiaries. cent general election for Federal office. riod; or ‘‘(D) COVERAGE OF TRANSFERS TO AFFILI- ‘‘(C) PAYMENT.—The term ‘payment’ in- ‘‘(E) knew or had reason to know that the ATED SECTION 501(c)(3) ORGANIZATIONS.—This cludes any contribution, donation, transfer, person receiving the transfer or payment paragraph shall apply with respect to an payment of dues, or other payment. would make campaign-related disbursements amount transferred by a covered organiza- ‘‘(b) COORDINATION WITH OTHER PROVI- in an aggregate amount of $50,000 or more tion to an organization described in para- SIONS.— during the 2-year period beginning on the graph (3) of section 501(c) of the Internal ‘‘(1) OTHER REPORTS FILED WITH THE COM- date of the transfer or payment. Revenue Code of 1986 and exempt from tax MISSION.—Information included in a state- ‘‘(2) EXCLUSIONS.—The term ‘covered trans- under section 501(a) of such Code in the same ment filed under this section may be ex- fer’ does not include any of the following: manner as this paragraph applies to an

VerDate Sep 11 2014 06:38 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.038 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S352 CONGRESSIONAL RECORD — SENATE January 21, 2015 amount transferred by a covered organiza- mittee for the period March 1, 2015 through (3) for the period October 1, 2016 through tion to another covered organization.’’. September 30, 2015 under this resolution February 28, 2017. (2) CONFORMING AMENDMENT.—Section shall not exceed $3,060,871, of which f 304(f)(6) of such Act (52 U.S.C. 30104) is amount— amended by striking ‘‘Any requirement’’ and (1) not to exceed $4,666.67 may be expended SENATE RESOLUTION 32—AUTHOR- inserting ‘‘Except as provided in section for the procurement of the services of indi- IZING EXPENDITURES BY THE 324(b), any requirement’’. vidual consultants, or organizations thereof COMMITTEE ON VETERANS’ AF- SEC. 3. APPLICATION OF DISCLOSURE RULES TO (as authorized by section 202(i) of the Legis- FAIRS SUPER PACS. lative Reorganization Act of 1946 (2 U.S.C. (a) IN GENERAL.—Subsection (e) of section 4301(i))); and Mr. ISAKSON submitted the fol- 324 of the Federal Election Campaign Act of (2) not to exceed $1,166.67 may be expended lowing resolution; from the Committee 1971 (52 U.S.C. 30126), as amended by section for the training of the professional staff of on Veterans’ Affairs; which was re- 2, is amended by adding at the end the fol- the committee (under procedures specified ferred to the Committee on Rules and lowing new paragraph: by section 202(j) of that Act). Administration: ‘‘(5) A political committee with an account (b) EXPENSES FOR FISCAL YEAR 2016 PE- S. RES. 32 that accepts donations or contributions that RIOD.—The expenses of the committee for the do not comply with the contribution limits period October 1, 2015 through September 30, Resolved, or source prohibitions under this Act, but 2016 under this section shall not exceed SECTION 1. GENERAL AUTHORITY. only with respect to such accounts.’’. $5,247,208, of which amount— In carrying out its powers, duties, and (b) CONFORMING AMENDMENT.—Paragraph (1) not to exceed $8,000, may be expended functions under the Standing Rules of the (4) of section 324(e) of such Act (52 U.S.C. for the procurement of the services of indi- Senate, in accordance with its jurisdiction 30126), as amended by section 2, is amended vidual consultants, or organizations thereof under rule XXV of the Standing Rules of the by inserting ‘‘(except as provided in para- (as authorized by section 202(i) of the Legis- Senate, including holding hearings, report- graph (5))’’ before the period at the end. lative Reorganization Act of 1946 (2 U.S.C. ing such hearings, and making investiga- SEC. 4. SEVERABILITY. 4301(i))); and tions as authorized by paragraphs 1 and 8 of If any provision of this Act or amendment (2) not to exceed $2,000, may be expended rule XXVI of the Standing Rules of the Sen- made by this Act, or the application of a pro- for the training of the professional staff of ate, the Committee on Veterans’ Affairs (in vision or amendment to any person or cir- the committee (under procedures specified this resolution referred to as the ‘‘com- cumstance, is held to be unconstitutional, by section 202(j) of that Act). mittee’’) is authorized from March 1, 2015 (c) EXPENSES FOR PERIOD ENDING FEBRUARY the remainder of this Act and amendments through February 28, 2017, in its discretion, 28, 2017.—The expenses of the committee for made by this Act, and the application of the to— the period October 1, 2016 through February provisions and amendment to any person or (1) make expenditures from the contingent 28, 2017 under this section shall not exceed circumstance, shall not be affected by the fund of the Senate; $2,186,337, of which amount— holding. (2) employ personnel; and (1) not to exceed $3,333.33, may be expended (3) with the prior consent of the Govern- SEC. 5. EFFECTIVE DATE. for the procurement of the services of indi- ment department or agency concerned and Except as provided in section 2(a)(3), the vidual consultants, or organizations thereof the Committee on Rules and Administration, amendments made by this Act shall apply (as authorized by section 202(i) of the Legis- use on a reimbursable or nonreimbursable with respect to disbursements made on or lative Reorganization Act of 1946 (2 U.S.C. basis the services of personnel of any such after January 1, 2016, and shall take effect 4301(i))); and department or agency. without regard to whether or not the Federal (2) not to exceed $833.33, may be expended SEC. 2. EXPENSES. Election Commission has promulgated regu- for the training of the professional staff of lations to carry out such amendments. (a) EXPENSES FOR PERIOD ENDING SEP- the committee (under procedures specified TEMBER 30, 2015.—The expenses of the com- f by section 202(j) of that Act). mittee for the period March 1, 2015 through SEC. 3. REPORTING LEGISLATION. SUBMITTED RESOLUTIONS September 30, 2015 under this resolution The committee shall report its findings, shall not exceed $1,283,522, of which together with such recommendations for leg- amount— islation as it deems advisable, to the Senate (1) not to exceed $10,000 may be expended SENATE RESOLUTION 31—AUTHOR- at the earliest practicable date, but not later for the procurement of the services of indi- IZING EXPENDITURES BY THE than February 28, 2017. vidual consultants, or organizations thereof COMMITTEE ON ENVIRONMENT SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. (as authorized by section 202(i) of the Legis- AND PUBLIC WORKS (a) EXPENSES OF THE COMMITTEE.— lative Reorganization Act of 1946 (2 U.S.C. Mr. INHOFE submitted the following (1) IN GENERAL.—Except as provided in 4301(i))); and paragraph (2), expenses of the committee (2) not to exceed $3,500 may be expended for resolution; from the Committee on En- under this resolution shall be paid from the the training of the professional staff of the vironment and Public Works; which contingent fund of the Senate upon vouchers committee (under procedures specified by was referred to the Committee on approved by the chairman of the committee. section 202(j) of that Act). Rules and Administration: (2) VOUCHERS NOT REQUIRED.—Vouchers (b) EXPENSES FOR FISCAL YEAR 2016 PE- S. RES. 31 shall not be required for— RIOD.—The expenses of the committee for the (A) the disbursement of salaries of employ- period October 1, 2015 through September 30, Resolved, ees paid at an annual rate; 2016 under this section shall not exceed SECTION 1. GENERAL AUTHORITY. (B) the payment of telecommunications $2,200,323, of which amount— In carrying out its powers, duties, and provided by the Office of the Sergeant at (1) not to exceed $20,000 may be expended functions under the Standing Rules of the Arms and Doorkeeper; for the procurement of the services of indi- Senate, in accordance with its jurisdiction (C) the payment of stationery supplies pur- vidual consultants, or organizations thereof under rule XXV of the Standing Rules of the chased through the Keeper of the Stationery; (as authorized by section 202(i) of the Legis- Senate, including holding hearings, report- (D) payments to the Postmaster of the lative Reorganization Act of 1946 (2 U.S.C. ing such hearings, and making investiga- Senate; 4301(i))); and tions as authorized by paragraphs 1 and 8 of (E) the payment of metered charges on (2) not to exceed $5,000 may be expended for rule XXVI of the Standing Rules of the Sen- copying equipment provided by the Office of the training of the professional staff of the ate, the Committee on Environment and the Sergeant at Arms and Doorkeeper; committee (under procedures specified by Public Works (in this resolution referred to (F) the payment of Senate Recording and section 202(j) of that Act). as the ‘‘committee’’) is authorized from Photographic Services; or (c) EXPENSES FOR PERIOD ENDING FEBRUARY March 1, 2015 through February 28, 2017, in (G) the payment of franked and mass mail 28, 2017.—The expenses of the committee for its discretion, to— costs by the Sergeant at Arms and Door- the period October 1, 2016 through February (1) make expenditures from the contingent keeper, United States Senate. 28, 2017 under this section shall not exceed fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- $916,801, of which amount— (2) employ personnel; and thorized to be paid from the appropriations (1) not to exceed $8,000 may be expended for (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- the procurement of the services of individual ment department or agency concerned and tigations’’ of the Senate such sums as may consultants, or organizations thereof (as au- the Committee on Rules and Administration, be necessary for agency contributions re- thorized by section 202(i) of the Legislative use on a reimbursable or nonreimbursable lated to the compensation of employees of Reorganization Act of 1946 (2 U.S.C. 4301(i))); basis the services of personnel of any such the committee— and department or agency. (1) for the period March 1, 2015 through (2) not to exceed $1,500 may be expended for SEC. 2. EXPENSES. September 30, 2015; the training of the professional staff of the (a) EXPENSES FOR PERIOD ENDING SEP- (2) for the period October 1, 2015 through committee (under procedures specified by TEMBER 30, 2015.—The expenses of the com- September 30, 2016; and section 202(j) of that Act).

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.038 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S353

SEC. 3. REPORTING LEGISLATION. SA 2 proposed by Ms. MURKOWSKI (for herself, SA 96. Ms. HEITKAMP submitted an The committee shall report its findings, Mr. HOEVEN, Mr. BARRASSO, Mr. RISCH, Mr. amendment to be proposed by her to the bill together with such recommendations for leg- LEE, Mr. FLAKE, Mr. DAINES, Mr. MANCHIN, S. 1, supra; which ordered to lie on the table. islation as it deems advisable, to the Senate Mr. CASSIDY, Mr. GARDNER, Mr. PORTMAN, SA 97. Ms. HEITKAMP submitted an at the earliest practicable date, but not later Mr. ALEXANDER, and Mrs. CAPITO) to the bill amendment to be proposed by her to the bill than February 28. 2017. S. 1, supra; which was ordered to lie on the S. 1, supra; which ordered to lie on the table. SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. table. SA 98. Ms. MURKOWSKI submitted an (a) EXPENSES OF THE COMMITTEE.— SA 84. Mrs. MURRAY submitted an amend- amendment to be proposed by her to the bill (1) IN GENERAL.—Except as provided in ment intended to be proposed to amendment S. 1, supra; which ordered to lie on the table. SA 2 proposed by Ms. MURKOWSKI (for herself, paragraph (2), expenses of the committee f under this resolution shall be paid from the Mr. HOEVEN, Mr. BARRASSO, Mr. RISCH, Mr. contingent fund of the Senate upon vouchers LEE, Mr. FLAKE, Mr. DAINES, Mr. MANCHIN, TEXT OF AMENDMENTS Mr. CASSIDY, Mr. GARDNER, Mr. PORTMAN, approved by the chairman of the committee. SA 78. Mr. BLUNT (for himself and (2) VOUCHERS NOT REQUIRED.—Vouchers Mr. ALEXANDER, and Mrs. CAPITO) to the bill Mr. INHOFE) submitted an amendment shall not be required for— S. 1, supra; which was ordered to lie on the (A) the disbursement of salaries of employ- table. intended to be proposed by him to the SA 85. Ms. AYOTTE submitted an amend- ees paid at an annual rate; bill S. 1, to approve the Keystone XL ment intended to be proposed by her to the (B) the payment of telecommunications Pipeline; which was ordered to lie on bill S. 1, supra; which was ordered to lie on provided by the Office of the Sergeant at the table; as follows: the table. Arms and Doorkeeper; SA 86. Ms. AYOTTE submitted an amend- At the appropriate place, insert the fol- (C) the payment of stationery supplies pur- ment intended to be proposed to amendment lowing: chased through the Keeper of the Stationery; SA 2 proposed by Ms. MURKOWSKI (for herself, SEC. ll. SENSE OF THE SENATE REGARDING BI- (D) payments to the Postmaster of the Mr. HOEVEN, Mr. BARRASSO, Mr. RISCH, Mr. LATERAL OR OTHER INTER- Senate; LEE, Mr. FLAKE, Mr. DAINES, Mr. MANCHIN, NATIONAL AGREEMENTS REGARD- (E) the payment of metered charges on Mr. CASSIDY, Mr. GARDNER, Mr. PORTMAN, ING GREENHOUSE GAS EMISSIONS. copying equipment provided by the Office of Mr. ALEXANDER, and Mrs. CAPITO) to the bill (a) FINDINGS.—The Senate makes the fol- the Sergeant at Arms and Doorkeeper; S. 1, supra; which was ordered to lie on the lowing findings: (F) the payment of Senate Recording and table. (1) On November 11, 2014, President Barack Photographic Services; or SA 87. Mr. HOEVEN (for himself and Mr. Obama and President Xi Jinping of the Peo- (G) the payment of franked and mass mail INHOFE) submitted an amendment intended ple’s Republic of China announced the ‘‘U.S.- costs by the Sergeant at Arms and Door- to be proposed to amendment SA 2 proposed China Joint Announcement on Climate keeper, United States Senate. by Ms. MURKOWSKI (for herself, Mr. HOEVEN, Change and Clean Energy Cooperation’’ (in (b) AGENCY CONTRIBUTIONS.—There are au- Mr. BARRASSO, Mr. RISCH, Mr. LEE, Mr. this section referred to as the ‘‘Agreement’’) thorized to be paid from the appropriations FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. CAS- reflecting ‘‘the principle of common but dif- account for ‘‘Expenses of Inquiries and Inves- SIDY, Mr. GARDNER, Mr. PORTMAN, Mr. ALEX- ferentiated responsibilities and respective tigations’’ of the Senate such sums as may ANDER, and Mrs. CAPITO) to the bill S. 1, capabilities, in light of different national be necessary for agency contributions re- supra. circumstances’’. lated to the compensation of employees of SA 88. Mr. LANKFORD submitted an (2) The Agreement stated the United the committee— amendment intended to be proposed by him States intention to reduce its greenhouse gas (1) for the period March 1, 2015 through to the bill S. 1, supra; which was ordered to emissions by one-quarter by 2025 while allow- September 30, 2015; lie on the table. ing the People’s Republic of China to double (2) for the period October 1, 2015 through SA 89. Ms. AYOTTE submitted an amend- its greenhouse gas emissions between now September 30, 2016; and ment intended to be proposed to amendment and 2030. (3) for the period October 1, 2016 through SA 2 proposed by Ms. MURKOWSKI (for herself, (3) While coal fired electricity remains the February 28, 2017. Mr. HOEVEN, Mr. BARRASSO, Mr. RISCH, Mr. least expensive energy alternative, the re- LEE, Mr. FLAKE, Mr. DAINES, Mr. MANCHIN, f duction of coal use because of the Agreement Mr. CASSIDY, Mr. GARDNER, Mr. PORTMAN, would result in a 25 percent increase in elec- AMENDMENTS SUBMITTED AND Mr. ALEXANDER, and Mrs. CAPITO) to the bill tricity prices in the United States in 2025, PROPOSED S. 1, supra; which was ordered to lie on the according to analysis conducted by the En- table. ergy Information Administration. SA 78. Mr. BLUNT (for himself and Mr. SA 90. Mr. CASSIDY (for himself and Mr. (4) The people of China will not see similar INHOFE) submitted an amendment intended HELLER) submitted an amendment intended electricity price increases as they continue to be proposed by him to the bill S. 1, to ap- to be proposed by him to the bill S. 1, supra; to use low cost coal without limit for the prove the Keystone XL Pipeline; which was which was ordered to lie on the table. ordered to lie on the table. SA 91. Mr. HELLER submitted an amend- foreseeable future, at least until 2030. SA 79. Mr. BLUNT submitted an amend- ment intended to be proposed by him to the (5) Increases in the price of electricity can ment intended to be proposed by him to the bill S. 1, supra; which was ordered to lie on cause job losses in the United States indus- bill S. 1, supra; which was ordered to lie on the table. trial sector, which includes manufacturing, the table. SA 92. Mr. BURR (for himself, Ms. AYOTTE, agriculture, and construction. SA 80. Mr. VITTER (for himself and Mr. and Mr. BENNET) submitted an amendment (6) The price of electricity is a top consid- CASSIDY) submitted an amendment intended intended to be proposed by him to the bill S. eration for job creators when locating manu- to be proposed to amendment SA 2 proposed 1, supra; which was ordered to lie on the facturing facilities, especially in energy-in- by Ms. MURKOWSKI (for herself, Mr. HOEVEN, table. tensive manufacturing such as steel and alu- Mr. BARRASSO, Mr. RISCH, Mr. LEE, Mr. SA 93. Mr. MERKLEY submitted an minum production. FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. CAS- amendment intended to be proposed to (7) Requiring mandatory cuts in green- SIDY, Mr. GARDNER, Mr. PORTMAN, Mr. ALEX- amendment SA 2 proposed by Ms. MUR- house gas emissions in the United States ANDER, and Mrs. CAPITO) to the bill S. 1, KOWSKI (for herself, Mr. HOEVEN, Mr. BAR- while allowing nations such as China and supra; which was ordered to lie on the table. RASSO, Mr. RISCH, Mr. LEE, Mr. FLAKE, Mr. India to increase their greenhouse gas emis- SA 81. Mr. MERKLEY submitted an DAINES, Mr. MANCHIN, Mr. CASSIDY, Mr. sions results in jobs moving from the United amendment intended to be proposed to GARDNER, Mr. PORTMAN, Mr. ALEXANDER, and States to other countries, especially to amendment SA 2 proposed by Ms. MUR- Mrs. CAPITO) to the bill S. 1, supra; which China and India, and is economically unfair. KOWSKI (for herself, Mr. HOEVEN, Mr. BAR- was ordered to lie on the table. (8) Imposing disparate greenhouse gas RASSO, Mr. RISCH, Mr. LEE, Mr. FLAKE, Mr. SA 94. Ms. HEITKAMP (for herself, Mr. emissions commitments for the United DAINES, Mr. MANCHIN, Mr. CASSIDY, Mr. DONNELLY, Mr. CASEY, Mr. CARPER, Mr. States and countries such as China and India GARDNER, Mr. PORTMAN, Mr. ALEXANDER, and MANCHIN, and Mr. COONS) submitted an is environmentally irresponsible because it Mrs. CAPITO) to the bill S. 1, supra; which amendment to be proposed by her to the bill results in greater emissions as businesses was ordered to lie on the table. S.1, supra; which was ordered to lie on the move to countries with less stringent stand- SA 82. Mr. MERKLEY submitted an table. ards. amendment intended to be proposed to SA 95. Ms. HEITKAMP (for herself, Mr. (9) Union members, families, consumers, amendment SA 2 proposed by Ms. MUR- DONNELLY, and Mr. COONS) submitted an communities, and local institutions like KOWSKI (for herself, Mr. HOEVEN, Mr. BAR- amendment intended to be proposed to schools, hospitals, and churches are hurt by RASSO, Mr. RISCH, Mr. LEE, Mr. FLAKE, Mr. amendment SA 2 proposed by Ms. MUR- the resulting job losses. DAINES, Mr. MANCHIN, Mr. CASSIDY, Mr. KOWSKI (for herself, Mr. HOEVEN, Mr. BAR- (10) The poor, the elderly, and those on GARDNER, Mr. PORTMAN, Mr. ALEXANDER, and RASSO, Mr. RISCH, Mr. LEE, Mr. FLAKE, Mr. fixed incomes are hurt the most by the Mrs. CAPITO) to the bill S. 1, supra; which DAINES, Mr. MANCHIN, Mr. CASSIDY, Mr. President’s promised increased electricity was ordered to lie on the table. GARDNER, Mr. PORTMAN, Mr. ALEXANDER, and rates. SA 83. Mrs. MURRAY submitted an amend- Mrs. CAPITO) to the bill S. 1, supra; which (b) SENSE OF THE SENATE.—It is the sense ment intended to be proposed to amendment was ordered to lie on the table. of the Senate that—

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.036 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S354 CONGRESSIONAL RECORD — SENATE January 21, 2015

(1) the Agreement negotiated between the (3) TIMING.—The Administrator shall con- this section any State subdivision of an President and the President of the People’s tract with the Academy not later than 60 outer Continental Shelf planning area (other Republic of China has no force and effect in days after the date of enactment of this Act. than the North Aleutian Basin planning area the United States; (c) REPORT.—Not later than 1 year after en- or the North Atlantic planning area) that (2) the Agreement between the President tering into an arrangement with the Admin- the Governor of the State that represents and the President of the People’s Republic of istrator under subsection (b)(1), the Academy that subdivision requests be made available China is a bad deal for United States con- shall submit to Congress and the Adminis- for leasing. The Secretary may not remove sumers, workers, families, and communities, trator a report that includes the findings, such a subdivision from the program until conclusions, and recommendations of the and is economically unfair and environ- publication of the final program, and shall Academy. mentally irresponsible; include and consider all such subdivisions in (3) the Agreement, as well as any other bi- SA 80. Mr. VITTER (for himself and any environmental review conducted and lateral or international agreement regarding statement prepared for such program under greenhouse gas emissions such as the United Mr. CASSIDY) submitted an amendment intended to be proposed to amendment section 102(2) of the National Environmental Nation’s Framework Convention on Climate Policy Act of 1969 (42 U.S.C. 4332(2)). SA 2 proposed by Ms. MURKOWSKI (for Change in Paris in December 2015, requires ‘‘(C) In this paragraph, the term ‘available herself, Mr. HOEVEN, Mr. BARRASSO, the advice and consent of the Senate and unleased acreage’ means that portion of the must be accompanied by a detailed expla- Mr. RISCH, Mr. LEE, Mr. FLAKE, Mr. outer Continental Shelf that is not under nation of any legislation or regulatory ac- DAINES, Mr. MANCHIN, Mr. CASSIDY, Mr. lease at the time of a proposed lease sale, tions that may be required to implement the GARDNER, Mr. PORTMAN, Mr. ALEX- and that has not otherwise been made un- Agreement and an analysis of the detailed fi- ANDER, and Mrs. CAPITO) to the bill S. available for leasing by law. nancial costs and other impacts on the econ- 1, to approve the Keystone XL Pipe- ‘‘(6)(A) In the 5-year oil and gas leasing omy of the United States which would be in- program, the Secretary shall make available curred by the implementation of the Agree- line; which was ordered to lie on the ment; table; as follows: for leasing any outer Continental Shelf plan- (4) the United States should not be a signa- At the end, add the following: ning area (other than the North Aleutian tory to any bilateral or other international DIVISION B—OUTER CONTINENTAL SHELF Basin planning area or the North Atlantic agreement on greenhouse gases if it would OIL AND GAS LEASING planning area) that— result in serious harm to the economy of the TITLE I—OUTER CONTINENTAL SHELF ‘‘(i) is estimated to contain more than United States; and OIL AND GAS LEASING REVENUE 2,500,000,000 barrels of oil; or (5) the United States should not agree to SEC. 101. EXTENSION OF OUTER CONTINENTAL ‘‘(ii) is estimated to contain more than any bilateral or other international agree- SHELF OIL AND GAS LEASING PRO- 7,500,000,000,000 cubic feet of natural gas. ment imposing disparate greenhouse gas GRAM. ‘‘(B) To determine the planning areas de- commitments for the United States and (a) IN GENERAL.—Subject to subsection (c), scribed in subparagraph (A), the Secretary other countries. the Draft Proposed Outer Continental Shelf shall use the document entitled ‘Minerals Oil and Gas Leasing Program 2010–2015 issued Management Service Assessment of Undis- Mr. BLUNT submitted an by the Secretary of the Interior (referred to covered Technically Recoverable Oil and Gas SA 79. in this section as the ‘‘Secretary’’) under amendment intended to be proposed by Resources of the Nation’s Outer Continental section 18 of the Outer Continental Shelf Shelf, 2006’.’’. him to the bill S. 1, to approve the Lands Act (43 U.S.C. 1344) shall be considered Keystone XL Pipeline; which was or- to be the final oil and gas leasing program SEC. 104. DISPOSITION OF REVENUES. dered to lie on the table; as follows: under that section for the period of fiscal (a) DEFINITIONS.—Section 102 of the Gulf of At the appropriate place, insert the fol- years 2015 through 2020. Mexico Energy Security Act of 2006 (43 (b) FINAL ENVIRONMENTAL IMPACT STATE- lowing: U.S.C. 1331 note; Public Law 109–432) is MENT.—The Secretary is considered to have SEC. lll. STUDY ON COMMUNITY AND INDI- issued a final environmental impact state- amended— VIDUAL AFFORDABILITY. ment for the program applicable to the pe- (1) by redesignating paragraphs (5) through (a) DEFINITIONS.—In this section: riod described in subsection (a) in accord- (11) as paragraphs (6) through (12), respec- (1) ACADEMY.—The term ‘‘Academy’’ means ance with all requirements under section tively; the National Academy of Public Administra- 102(2)(C) of the National Environmental Pol- (2) by inserting after paragraph (4) the fol- tion, an independent, nonpartisan, and non- icy Act of 1969 (42 U.S.C. 4332(2)(C)). lowing: profit organization chartered by Congress. (c) EXCEPTIONS.—Lease Sales 214, 232, and ‘‘(5) COASTAL STATE.—The term ‘coastal (2) ADMINISTRATOR.—The term ‘‘Adminis- 239 shall not be included in the final oil and State’ means— trator’’ means the Administrator of the En- gas leasing program for the period of fiscal ‘‘(A) each of the Gulf producing States; and vironmental Protection Agency. years 2015 through 2020. ‘‘(B) effective for fiscal year 2016 and each (b) STUDY.— (d) EASTERN GULF OF MEXICO NOT IN- fiscal year thereafter— (1) IN GENERAL.—The Administrator shall CLUDED.—Nothing in this section affects re- ‘‘(i) the State of Alaska; and contract with the Academy to conduct an strictions on oil and gas leasing under the ‘‘(ii) each of the States of North Carolina, independent study to create a definition of Gulf of Mexico Energy Security Act of 2006 South Carolina, and Virginia.’’; (43 U.S.C. 1331 note; Public Law 109–432). and framework for the term ‘‘community (3) in paragraph (10) (as so redesignated), and individual affordability’’. SEC. 102. REVENUE SHARING FROM OUTER CON- TINENTAL SHELF WIND ENERGY by striking subparagraph (A) and inserting (2) REQUIREMENTS.—In conducting the PRODUCTION FACILITIES. the following: study, the Academy shall— The first sentence of section 8(p)(2)(B) of ‘‘(A) IN GENERAL.—The term ‘qualified (A) consult with— the Outer Continental Shelf Lands Act (43 outer Continental Shelf revenues’ means all (i) the Administrator; U.S.C. 1337(p)(2)(B)) is amended by inserting rentals, royalties, bonus bids, and other (ii) State and local governments; after ‘‘27 percent’’ the following: ‘‘, or, in the sums due and payable to the United States (iii) organizations that specialize in afford- case of projects for offshore wind energy pro- from leases entered into on or after— ability issues; and duction facilities, 37.5 percent’’. ‘‘(i) December 20, 2006, with respect to the (iv) popularly elected governance organiza- SEC. 103. OUTER CONTINENTAL SHELF LEASING Gulf producing States; and tions such as the National Association of PROGRAM REFORMS. ‘‘(ii) October 1, 2015, with respect to— Counties, the National League of Cities, and Section 18(a) of the Outer Continental ‘‘(I) the State of Alaska; and the United States Conference of Mayors; Shelf Lands Act (43 U.S.C. 1344(a)) is amend- ‘‘(II) each of the coastal States described in (B) review existing studies of the costs as- ed by adding at the end the following: paragraph (5)(B)(ii).’’; and sociated with major regulations under such ‘‘(5)(A) In each oil and gas leasing program (4) in paragraph (11) (as so redesignated), laws as— under this section, the Secretary shall make by striking ‘‘Gulf producing State’’ each (i) the Clean Air Act (42 U.S.C. 7401 et seq.); available for leasing and conduct lease sales place it appears and inserting ‘‘coastal (ii) the Federal Water Pollution Control including at least 50 percent of the available State’’. Act (33 U.S.C. 1251 et seq.); unleased acreage within each outer Conti- (iii) the Safe Drinking Water Act (42 U.S.C. nental Shelf planning area (other than the (b) DISPOSITION OF REVENUES.—Section 105 300f et seq.); North Aleutian Basin planning area or the of the Gulf of Mexico Energy Security Act of (iv) the Comprehensive Environmental Re- North Atlantic planning area) considered to 2006 (43 U.S.C. 1331 note; Public Law 109–432) sponse, Compensation, and Liability Act of have the largest undiscovered, technically is amended— 1980 (42 U.S.C. 9601 et seq.); and recoverable oil and gas resources (on a total (1) in the section heading, by striking (v) the Solid Waste Disposal Act (42 U.S.C. btu basis) based on the most recent national ‘‘FROM 181 AREA, 181 SOUTH AREA, AND 6901 et seq.) (commonly known as the ‘‘Re- geologic assessment of the outer Continental 2002-2007 PLANNING AREAS OF GULF OF source Conservation and Recovery Act of Shelf, with an emphasis on offering the most MEXICO’’; 1976’’); and geologically prospective parts of the plan- (2) by striking ‘‘Gulf producing State’’ (C) recommend a new affordability thresh- ning area. each place it appears (other than paragraphs old and describe how different localities can ‘‘(B) The Secretary shall include in each (1) and (2) of subsection (b)) and inserting effectively fund municipal projects. proposed oil and gas leasing program under ‘‘coastal State’’;

VerDate Sep 11 2014 06:38 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.041 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S355

(3) in subsection (a), by striking paragraph (B) does not include the Government Ac- (A) IN GENERAL.—The President may waive (2) and inserting the following: countability Office. any provision of this subsection, with re- ‘‘(2) 50 percent of qualified outer Conti- (2) APPLICABLE MAXIMUM.—The term ‘‘ap- spect to an individual appointment, upon a nental Shelf revenues in a special account in plicable maximum’’ means— determination by the President that such ap- the Treasury from which the Secretary shall (A) in the case of a quarter before the tar- pointment is necessary due to— disburse— get-attainment quarter, the difference ob- (i) a state of war or for reasons of national ‘‘(A) in the case of qualified outer Conti- tained by subtracting— security; or nental Shelf revenues generated from outer (i) the product obtained by multiplying— (ii) an extraordinary emergency threat- Continental Shelf areas adjacent to Gulf pro- (I) the number of Federal employees sepa- ening life, health, safety, or property. ducing States— rating from agencies during the period— (B) NONDELEGATION.—The authority under ‘‘(i) 75 percent to Gulf producing States in (aa) beginning on the first day following this paragraph may not be delegated. accordance with subsection (b); and the baseline quarter; and (c) LIMITATION ON PROCUREMENT OF SERVICE ‘‘(ii) 25 percent to provide financial assist- (bb) ending on the last day of the quarter CONTRACTS.—The President, through the Of- ance to States in accordance with section to which the applicable maximum is being fice of Management and Budget (in consulta- 200305 of title 54, United States Code, which applied; by tion with the Office of Personnel Manage- shall be considered income to the Land and (II) 2⁄3; from ment), shall take appropriate measures to Water Conservation Fund for purposes of sec- (ii) the total number of Federal employees ensure that there is no increase in the pro- tion 200302 of that title; and determined for the baseline quarter; and curement of service contracts by reason of ‘‘(B) in the case of qualified outer Conti- (B) in the case of the target-attainment the enactment of this section, except in nental Shelf revenues generated from outer quarter and any quarter thereafter, the num- cases in which a cost comparison dem- Continental Shelf areas adjacent to coastal ber equal to 90 percent of the total number of onstrates that such contracts would be to States described in section section 102(5)(B), Federal employees as of September 30, 2014. the financial advantage of the Government. (d) MONITORING AND NOTIFICATION.—The Of- 100 percent to the coastal States in accord- (3) BASELINE QUARTER.—The term ‘‘baseline fice of Management and Budget (in consulta- ance with subsection (b).’’; quarter’’ means the quarter in which occurs tion with the Office of Personnel Manage- (4) in subsection (b)— the date of the enactment of this Act. ment) shall— (A) in the subsection heading, by striking (4) FEDERAL EMPLOYEE.—The term ‘‘Fed- (1) continuously monitor all agencies and, ‘‘GULF PRODUCING STATES’’ and inserting eral employee’’ means an employee, as de- for each quarter to which the requirements ‘‘COASTAL STATES’’; fined under section 2105 of title 5, United of subsection (b)(1) apply, determine whether (B) by redesignating paragraph (3) as para- States Code. or not such requirements have been met; and graph (4); (5) QUARTER.—The term ‘‘quarter’’ means a (2) not later than 14 days after the end of (C) by inserting after paragraph (2) the fol- period of 3 calendar months ending on March each quarter described in paragraph (1), sub- lowing: 31, June 30, September 30, or December 31. mit to the President and each House of Con- ‘‘(3) ALLOCATION AMONG CERTAIN ATLANTIC (6) TARGET-ATTAINMENT QUARTER.—The gress, a written determination as to whether STATES AND THE STATE OF ALASKA FOR FISCAL term ‘‘target-attainment quarter’’ means the or not the requirements of subsection (b)(1) YEAR 2016 AND THEREAFTER.— earlier of— have been met. ‘‘(A) IN GENERAL.—Subject to subparagraph (A) the first quarter occurring after the (e) REGULATIONS.—The President may pro- (B), effective for fiscal years 2016 and each baseline quarter for which the total number mulgate any regulations necessary to carry fiscal year thereafter, the amount made of Federal employees does not exceed 90 per- out this section. available under subsection (a)(2)(B) shall be cent of the total number of Federal employ- SEC. 202. FEDERAL DEFICIT REDUCTION. allocated to each coastal State described in ees as of September 30, 2014; or Any savings generated as a result of sec- section 102(5)(B) in amounts (based on a for- (B) the quarter ending on September 30, tion 201 that are not needed to offset the mula established by the Secretary by regula- 2018. costs of carrying out title I (including any tion) that are inversely proportional to the (7) TOTAL NUMBER OF FEDERAL EMPLOY- amendments made by title I) shall be depos- respective distances between the point on EES.—The term ‘‘total number of Federal ited in the Treasury and used for Federal the coastline of each coastal State described employees’’ means the total number of Fed- budget deficit reduction or, if there is no in section 102(5)(B) that is closest to the geo- eral employees in all agencies. Federal budget deficit, for reducing the Fed- graphic center of the applicable leased tract (b) WORKFORCE LIMITS AND REDUCTIONS.— eral debt in such manner as the Secretary of and the geographic center of the leased (1) IN GENERAL.—The President, through the Treasury considers appropriate. tract. the Office of Management and Budget (in ‘‘(B) MINIMUM ALLOCATION.—The amount consultation with the Office of Personnel SA 81. Mr. MERKLEY submitted an allocated to a coastal State described in sec- Management), shall take appropriate meas- amendment intended to be proposed to tion 102(5)(B) each fiscal year under subpara- ures to ensure that, effective with respect to amendment SA 2 proposed by Ms. MUR- graph (A) shall be at least 10 percent of the each quarter beginning after the date of the KOWSKI (for herself, Mr. HOEVEN, Mr. amounts available under subsection enactment of this Act, the total number of BARRASSO, Mr. RISCH, Mr. LEE, Mr. (a)(2)(B).’’; and Federal employees determined for such quar- (D) in paragraph (4) (as redesignated by FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. ter does not exceed the applicable maximum CASSIDY, Mr. GARDNER, Mr. PORTMAN, subparagraph (B)), by striking ‘‘paragraphs for such quarter. Mr. ALEXANDER, and Mrs. CAPITO) to (1) and (2)’’ and inserting ‘‘paragraphs (1), (2), (2) METHOD FOR ACHIEVING COMPLIANCE.— the bill S. 1, to approve the Keystone and (3)’’; and (A) IN GENERAL.—Except as provided in (5) in subsection (f), by striking paragraph subparagraph (B), any reductions necessary XL Pipeline; which was ordered to lie (1) and inserting the following: in order to achieve compliance with para- on the table; as follows: ‘‘(1) IN GENERAL.—Subject to paragraph (2), graph (1) shall be made through attrition. At the appropriate place, insert the fol- the total amount of qualified outer Conti- (B) EXCEPTION.—If, for any quarter, the lowing: nental Shelf revenues made available to total number of Federal employees exceeds SEC. ll. APPLICATION. coastal States under subsection (a)(2) shall the applicable maximum for such quarter, This Act shall not apply until the date on not exceed— until the first succeeding quarter for which which the President (or a designee) deter- ‘‘(A) in the case of the coastal States de- such total number is determined not to ex- mines, in consultation with the Chief of the scribed in section 102(5)(A)— ceed the applicable maximum for such suc- Forest Service and other relevant Federal ‘‘(i) $500,000 for fiscal year 2016; and ceeding quarter, reductions shall be made agencies, that increased greenhouse gas ‘‘(ii) $699,000,000 for each of fiscal years 2017 through both attrition and a freeze on ap- emissions, including emissions from the through 2054; pointments. pipeline described in section 2(a), will not ‘‘(B) in the case of the coastal States de- (3) COUNTING RULES.—For purposes of this contribute to any of the following: scribed in section 102(5)(B)(ii)— section— (1) An increased frequency of wildfires in ‘‘(i) $100,000,000 for each of fiscal years 2016 (A) any determination of the total number the United States. though 2025; and of Federal employees or the number of Fed- (2) An increased range of wildfires in the ‘‘(ii) $200,000,000 for each of fiscal years 2026 eral employees separating from agencies United States. through 2065; and shall be made— (3) An increased severity of wildfires in the ‘‘(C) in the case of the State of Alaska, (i) on a full-time equivalent basis; and United States. $100,000,000 for each of fiscal years 2016 (ii) under subsection (d); and (4) An increased prevalence or frequency of through 2065.’’. (B) any determination of the total number invasive pests, including the spruce beetle, TITLE II—OFFSET of Federal employees for a quarter shall be the bark beetle, and the hemlock woolly SEC. 201. FEDERAL WORKFORCE REDUCTION. made as of such date or otherwise on such adelgid. (a) DEFINITIONS.—In this section: basis as the Office of Management of Budget (1) AGENCY.—The term ‘‘agency’’— (in consultation with the Office of Personnel SA 82. Mr. MERKLEY submitted an (A) means an Executive agency, as defined Management) considers to be representative amendment intended to be proposed to under section 105 of title 5, United States and feasible. amendment SA 2 proposed by Ms. MUR- Code; and (4) WAIVER AUTHORITY.— KOWSKI (for herself, Mr. HOEVEN, Mr.

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.045 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S356 CONGRESSIONAL RECORD — SENATE January 21, 2015 BARRASSO, Mr. RISCH, Mr. LEE, Mr. health hazard shall be of such a nature that under paragraph (5)(B) or paragraph (6), re- FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. a reasonable person, under the cir- spectively; CASSIDY, Mr. GARDNER, Mr. PORTMAN, cumstances confronting the employee, would ‘‘(II) by the complainant within 30 days conclude that there is such a hazard. In order after the date the complaint is dismissed Mr. ALEXANDER, and Mrs. CAPITO) to to qualify for protection under this para- without investigation by the Secretary the bill S. 1, to approve the Keystone graph, the employee, when practicable, shall under paragraph (5)(A); or XL Pipeline; which was ordered to lie have communicated or attempted to commu- ‘‘(III) by the complainant within 120 days on the table; as follows: nicate the safety or health concern to the after the date of filing the complaint, if the At the appropriate place, insert the fol- employer and have not received from the em- Secretary has not issued a decision under lowing: ployer a response reasonably calculated to paragraph (5)(B). SEC. ll. APPLICATION. allay such concern. ‘‘(ii) REINSTATEMENT ORDER.—The request This Act shall not apply until the date on ‘‘(3) COMPLAINT.—Any employee who be- for a hearing shall not operate to stay any which the President (or a designee) deter- lieves that the employee has been dis- preliminary reinstatement order issued mines, in consultation with the Secretary of charged, disciplined, or otherwise discrimi- under paragraph (6). Agriculture, and other relevant Federal nated against by any person in violation of ‘‘(B) PROCEDURES.— agencies, that increased greenhouse gas paragraph (1) or (2) may seek relief for such ‘‘(i) IN GENERAL.—A hearing requested emissions, including emissions from the violation by filing a complaint with the Sec- under this paragraph shall be conducted ex- pipeline described in section 2(a), will not retary under paragraph (5). peditiously and in accordance with rules es- have a significant negative impact on farm- ‘‘(4) STATUTE OF LIMITATIONS.— tablished by the Secretary for hearings con- ers and ranchers due to any of the following: ‘‘(A) IN GENERAL.—An employee may take ducted by administrative law judges. (1) An increased frequency or severity of the action permitted by paragraph (3) not ‘‘(ii) SUBPOENAS; PRODUCTION OF EVI- drought in the United States. later than 180 days after the later of— DENCE.—In conducting any such hearing, the (2) An increased risk of invasive agricul- ‘‘(i) the date on which an alleged violation administrative law judge may issue sub- tural pests in the United States. of paragraph (1) or (2) occurs; or poenas. The respondent or complainant may (3) A decrease in available irrigation water ‘‘(ii) the date on which the employee request the issuance of subpoenas that re- from reduced snowpack in the United States. knows or should reasonably have known that quire the deposition of, or the attendance such alleged violation occurred. and testimony of, witnesses and the produc- SA 83. Mrs. MURRAY submitted an ‘‘(B) REPEAT VIOLATION.—Except in cases tion of any evidence (including any books, amendment intended to be proposed to when the employee has been discharged, a papers, documents, or recordings) relating to violation of paragraph (1) or (2) shall be con- the matter under consideration. amendment SA 2 proposed by Ms. MUR- sidered to have occurred on the last date an ‘‘(iii) DECISION.—The administrative law KOWSKI (for herself, Mr. HOEVEN, Mr. alleged repeat violation occurred. judge shall issue a decision not later than 90 BARRASSO, Mr. RISCH, Mr. LEE, Mr. ‘‘(5) INVESTIGATION.— days after the date on which a hearing was FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. ‘‘(A) IN GENERAL.—An employee may, with- requested under this paragraph and promptly CASSIDY, Mr. GARDNER, Mr. PORTMAN, in the time period required under paragraph notify, in writing, the parties and the Sec- Mr. ALEXANDER, and Mrs. CAPITO) to (4), file a complaint with the Secretary alleg- retary of such decision, including the find- the bill S. 1, to approve the Keystone ing a violation of paragraph (1) or (2). If the ings of fact and conclusions of law. If the ad- complaint alleges a prima facie case, the ministrative law judge finds that a violation XL Pipeline; which was ordered to lie Secretary shall conduct an investigation of of paragraph (1) or (2) has occurred, the judge on the table; as follows: the allegations in the complaint, which— shall issue an order for relief under para- At the appropriate place, insert the fol- ‘‘(i) shall include— graph (14). If review under paragraph (8) is lowing: ‘‘(I) interviewing the complainant; not timely requested, such order shall be SEC. ll. ENHANCED PROTECTIONS FROM RE- ‘‘(II) providing the respondent an oppor- deemed a final order of the Secretary that is TALIATION. tunity to— not subject to judicial review. (a) APPLICABILITY TO WORKERS IN THE OIL ‘‘(aa) submit to the Secretary a written re- ‘‘(8) ADMINISTRATIVE APPEAL.— AND GAS INDUSTRY.—Section 11 of the Occu- sponse to the complaint; and ‘‘(A) IN GENERAL.—Not later than 30 days pational Safety and Health Act of 1970 (29 ‘‘(bb) meet with the Secretary to present after the date of notification of a decision U.S.C. 660) is amended by adding at the end statements from witnesses or provide evi- and order issued by an administrative law the following: dence; and judge under paragraph (7), the complainant ‘‘(d) PROVISIONS APPLICABLE TO WORKERS IN ‘‘(III) providing the complainant an oppor- or respondent may file, with objections, an THE OIL AND GAS INDUSTRY.— tunity to— administrative appeal with an administra- ‘‘(1) IN GENERAL.—No person shall dis- ‘‘(aa) receive any statements or evidence tive review body designated by the Secretary charge or cause to be discharged, or in any provided to the Secretary; (referred to in this paragraph as the ‘review manner discriminate against or cause to be ‘‘(bb) meet with the Secretary; and board’). discriminated against, any employee be- ‘‘(cc) rebut any statements or evidence; ‘‘(B) STANDARD OF REVIEW.—In reviewing cause— and the decision and order of the administrative ‘‘(A) such employee has filed any com- ‘‘(ii) may include issuing subpoenas for the law judge, the review board shall affirm the plaint or instituted or caused to be insti- purposes of such investigation. decision and order if it is determined that tuted any proceeding under or related to this ‘‘(B) DECISION.—Not later than 90 days the factual findings set forth therein are sup- Act; after the filing of the complaint, the Sec- ported by substantial evidence and the deci- ‘‘(B) such employee has testified or is retary shall— sion and order are made in accordance with about to testify before Congress or in any ‘‘(i) determine whether reasonable cause applicable law. Federal or State proceeding related to safety exists to believe that a violation of para- ‘‘(C) DECISIONS.—If the review board grants or health; graph (1) or (2) has occurred; and an administrative appeal, the review board ‘‘(C) such employee has refused to violate ‘‘(ii) issue a decision granting or denying shall issue a final decision and order affirm- any provision of this Act; or relief. ing or reversing, in whole or in part, the de- ‘‘(D) of the exercise by such employee on ‘‘(6) PRELIMINARY ORDER FOLLOWING INVES- cision under review by not later than 90 days behalf of himself or others of any right af- TIGATION.—If, after completion of an inves- after receipt of the administrative appeal. If forded by this Act, including the reporting of tigation under paragraph (5)(A), the Sec- it is determined that a violation of para- any injury, illness, or unsafe condition to retary finds reasonable cause to believe that graph (1) or (2) has occurred, the review the employer, agent of the employer, safety a violation of paragraph (1) or (2) has oc- board shall issue a final decision and order and health committee involved, or employee curred, the Secretary shall issue a prelimi- providing relief authorized under paragraph safety and health representative involved. nary order providing relief authorized under (14). Such decision and order shall constitute ‘‘(2) PROHIBITION OF RETALIATION.— paragraph (14) at the same time the Sec- final agency action with respect to the mat- ‘‘(A) IN GENERAL.—No person shall dis- retary issues a decision under paragraph ter appealed. charge, or cause to be discharged, or in any (5)(B). If a de novo hearing is not requested ‘‘(9) SETTLEMENT IN THE ADMINISTRATIVE manner discriminate against, or cause to be within the time period required under para- PROCESS.— discriminated against, an employee for re- graph (7)(A)(i), such preliminary order shall ‘‘(A) IN GENERAL.—At any time before fusing to perform the employee’s duties if be deemed a final order of the Secretary and issuance of a final order, an investigation or the employee has a reasonable apprehension is not subject to judicial review. proceeding under this subsection may be ter- that performing such duties would result in ‘‘(7) HEARING.— minated on the basis of a settlement agree- serious injury to, or serious impairment of ‘‘(A) REQUEST FOR HEARING.— ment entered into by the parties. the health of, the employee or other employ- ‘‘(i) IN GENERAL.—A de novo hearing on the ‘‘(B) PUBLIC POLICY CONSIDERATIONS.—Nei- ees. record before an administrative law judge ther the Secretary, an administrative law ‘‘(B) GOOD-FAITH BELIEF.—For purposes of may be requested— judge, nor the review board conducting a subparagraph (A), the circumstances causing ‘‘(I) by the complainant or respondent hearing under this subsection shall accept a the employee’s good-faith belief that per- within 30 days after receiving notification of settlement that contains conditions con- forming such duties would pose a safety or a decision granting or denying relief issued flicting with the rights protected under this

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.042 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S357

Act or that are contrary to public policy, in- ‘‘(A) ORDER FOR RELIEF.—If the Secretary, ‘‘(C) an entity assigned the 2012 North cluding a restriction on a complainant’s administrative law judge, review board, or a American Industry Classification System right to future employment with employers court determines that a violation of para- code 23712 or 486.’’. other than the specific employers named in a graph (1) or (2) has occurred, the Secretary (b) RELATION TO ENFORCEMENT.—Section complaint. or court, respectively, shall have jurisdiction 17(j) of such Act (29 U.S.C. 666(j)) is amended ‘‘(10) INACTION BY THE REVIEW BOARD OR AD- to order all appropriate relief, including in- by inserting before the period the following: MINISTRATIVE LAW JUDGE.— junctive relief and compensatory and exem- ‘‘, including the history of violations under ‘‘(A) IN GENERAL.—The complainant may plary damages, including— section 11(d)’’. bring a de novo action described in subpara- ‘‘(i) affirmative action to abate the viola- graph (B) if— tion; SA 84. Mrs. MURRAY submitted an ‘‘(i) an administrative law judge has not ‘‘(ii) reinstatement without loss of position amendment intended to be proposed to issued a decision and order within the 90-day or seniority, and restoration of the terms, amendment SA 2 proposed by Ms. MUR- time period required under paragraph rights, conditions, and privileges associated KOWSKI (for herself, Mr. HOEVEN, Mr. (7)(B)(iii); or with the complainant’s employment, includ- BARRASSO, Mr. RISCH, Mr. LEE, Mr. ‘‘(ii) the review board has not issued a deci- ing opportunities for promotions to positions FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. sion and order within the 90-day time period with equivalent or better compensation for required under paragraph (8)(C). which the complainant is qualified; CASSIDY, Mr. GARDNER, Mr. PORTMAN, ‘‘(B) DE NOVO ACTION.—Such de novo action ‘‘(iii) compensatory and consequential Mr. ALEXANDER, and Mrs. CAPITO) to may be brought at law or equity in the damages sufficient to make the complainant the bill S. 1, to approve the Keystone United States district court for the district whole, (including back pay, prejudgment in- XL Pipeline; which was ordered to lie where a violation of paragraph (1) or (2) al- terest, and other damages); and on the table; as follows: legedly occurred or where the complainant ‘‘(iv) expungement of all warnings, rep- At the appropriate place, insert the fol- resided on the date of such alleged violation. rimands, or derogatory references that have lowing: The court shall have jurisdiction over such been placed in paper or electronic records or SEC. ll. REPORTING REQUIREMENT REGARD- action without regard to the amount in con- databases of any type relating to the actions ING SAFETY FOR OIL WELLS, PETRO- troversy and to order appropriate relief by the complainant that gave rise to the un- CHEMICAL MANUFACTURING under paragraph (14). Such action shall, at favorable personnel action, and, at the com- PLANTS, AND PIPELINE CONSTRUC- the request of either party to such action, be plainant’s direction, transmission of a copy TION OR TRANSPORTATION ENTI- tried by the court with a jury. of the decision on the complaint to any per- TIES. ‘‘(11) JUDICIAL REVIEW.— son whom the complainant reasonably be- (a) IN GENERAL.—Each issuer that is re- ‘‘(A) TIMELY APPEAL TO THE COURT OF AP- lieves may have received such unfavorable quired to file reports pursuant to section PEALS.—Any party adversely affected or ag- information. 13(a) or 15(d) of the Securities Exchange Act grieved by a final decision and order issued ‘‘(B) ATTORNEYS’ FEES AND COSTS.—If the of 1934 (15 U.S.C. 78m(a) or 78o(d)) and that is, under this subsection may obtain review of Secretary or an administrative law judge, re- or that has a subsidiary that is, an operator such decision and order in the United States view board, or court grants an order for re- of an oil well or an operator of a petro- Court of Appeals for the circuit where the lief under subparagraph (A), the Secretary, chemical manufacturing plant or pipeline violation, with respect to which such final administrative law judge, review board, or construction or transportation entity shall decision and order was issued, allegedly oc- court, respectively, shall assess, at the re- include, in each periodic report filed with curred or where the complainant resided on quest of the employee against the em- the Securities and Exchange Commission the date of such alleged violation. To obtain ployer— under the securities laws on and after the such review, a party shall file a petition for ‘‘(i) reasonable attorneys’ fees; and date of enactment of this Act, the following review not later than 60 days after the final ‘‘(ii) costs (including expert witness fees) information for the time period covered by decision and order was issued. Such review reasonably incurred, as determined by the such report: shall conform to chapter 7 of title 5, United Secretary, administrative law judge, review (1) For each oil well, petrochemical manu- States Code. The commencement of pro- board, or court, respectively, in connection facturing plant, or pipeline construction or ceedings under this subparagraph shall not, with bringing the complaint upon which the transportation entity of which the issuer or unless ordered by the court, operate as a order was issued. a subsidiary of the issuer is an operator— stay of the final decision and order. ‘‘(15) PROCEDURAL RIGHTS.—The rights and (A) the total number of serious violations ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— remedies provided for in this subsection may of mandatory health or safety standards at An order and decision with respect to which not be waived by any agreement, policy, an oil well, a petrochemical manufacturing review may be obtained under subparagraph form, or condition of employment, including plant, or a pipeline transportation or con- (A) shall not be subject to judicial review in by any pre-dispute arbitration agreement or struction entity, including health hazard any criminal or other civil proceeding. collective bargaining agreement. violations under section 9 of the Occupa- ‘‘(12) ENFORCEMENT OF ORDER.—If a re- ‘‘(16) SAVINGS.—Nothing in this subsection tional Safety and Health Act of 1970 (29 spondent fails to comply with an order shall be construed to diminish the rights, U.S.C. 658); issued under this subsection, the Secretary privileges, or remedies of any employee who (B) the total number of citations issued, or the complainant on whose behalf the exercises rights under any Federal or State including serious, willful, and repeated viola- order was issued may file a civil action for law or common law, or under any collective tions, under such section; enforcement in the United States district bargaining agreement. (C) the total dollar value of proposed pen- court for the district in which the violation ‘‘(17) ELECTION OF VENUE.— alties to be applied under such Act (29 U.S.C. was found to occur to enforce such order. If ‘‘(A) IN GENERAL.—An employee of an em- 651 et seq.); and both the Secretary and the complainant file ployer who is located in a State that has a (D) the total number of oil well, petro- such action, the action of the Secretary shall State plan approved under section 18 may chemical manufacturing plant, or pipeline take precedence. The district court shall file a complaint alleging a violation of para- construction or transportation entity re- have jurisdiction to grant all appropriate re- graph (1) or (2) by such employer with— lated fatalities involved. lief described in paragraph (14). ‘‘(i) the Secretary under paragraph (5); or (2) A list of oil wells, petrochemical manu- ‘‘(13) BURDENS OF PROOF.— ‘‘(ii) a State plan administrator in such facturing plants, or pipeline construction or ‘‘(A) CRITERIA FOR DETERMINATION.—In State. transportation entities of which the issuer, making a determination or adjudicating a ‘‘(B) REFERRALS.—If— or a subsidiary of the issuer, is an operator, complaint pursuant to this subsection, the ‘‘(i) the Secretary receives a complaint that receive written notice from the Occupa- Secretary, administrative law judge, review pursuant to subparagraph (A)(i), the Sec- tional Safety and Health Administration of board, or court may determine that a viola- retary shall not refer such complaint to a willful, serious, and repeated violations of tion of paragraph (1) or (2) has occurred only State plan administrator for resolution; or mandatory health or safety standards at an if the complainant demonstrates that any ‘‘(ii) a State plan administrator receives a oil well, a petrochemical manufacturing conduct described in paragraph (1) or (2) with complaint pursuant to subparagraph (A)(ii), plant, or a pipeline construction or transpor- respect to the complainant was a contrib- the State plan administrator shall not refer tation entity, including safety hazards under uting factor in the adverse action alleged in such complaint to the Secretary for resolu- section 9 of such Act (29 U.S.C. 658). the complaint. tion. (3) Any pending legal action before the Oc- ‘‘(B) PROHIBITION.—Notwithstanding sub- ‘‘(18) DEFINITION.—For purposes of this sub- cupational Safety and Health Review Com- paragraph (A), a decision or order that is fa- section, the term ‘employee’ means an indi- mission, established under section 12 of such vorable to the complainant shall not be vidual employed by— Act (29 U.S.C. 661), involving an oil well, a issued in any administrative or judicial ac- ‘‘(A) an operator of an oil well, as described petrochemical manufacturing plant, or a tion pursuant to this subsection if the re- in the 2012 North American Industry Classi- pipeline construction or transportation enti- spondent demonstrates by clear and con- fication System code 213111; ty. vincing evidence that the respondent would ‘‘(B) a petrochemical manufacturing plant (b) REPORTING SHUTDOWNS AND PATTERNS have taken the same adverse action in the assigned the 2012 North American Industry OF VIOLATIONS.—Beginning on the effective absence of such conduct. Classification System code 213112, 324, or date of this section, each issuer that is, or ‘‘(14) RELIEF.— 32511; or that has a subsidiary that is, an operator of

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.042 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S358 CONGRESSIONAL RECORD — SENATE January 21, 2015

an oil well or an operator of a petrochemical (A) in paragraph (1), by striking subpara- (3) CONFORMING AMENDMENT.—Subsection manufacturing plant or pipeline construc- graph (A) and inserting the following: (e) of section 24 of the Internal Revenue Code tion or transportation entity shall file a cur- ‘‘(A) 10 percent of the funds apportioned to of 1986 is amended by inserting ‘‘WITH RE- rent report with the Securities and Exchange the State for each of fiscal years 2015 and SPECT TO QUALIFYING CHILDREN’’ after ‘‘IDEN- Commission on Form 8-K (or any successor 2016 under each of sections 104(b)(1), 104(b)(2), TIFICATION REQUIREMENT’’ in the heading form) disclosing the following with respect and 144; and’’; thereof. to each oil well, petrochemical manufac- (B) in paragraph (2), by striking ‘‘2005 (c) EFFECTIVE DATE.—The amendments turing plant, or pipeline construction or through 2009’’ and inserting ‘‘2015 and 2016’’; made by this section shall apply to taxable transportation entity of which the issuer or (C) in paragraph (3), by striking ‘‘2005 years beginning after the date of the enact- subsidiary is an operator: through 2009’’ and inserting ‘‘2015 and 2016’’; ment of this Act. (1) The receipt of a citation issued under and section 9 of the Occupational Safety and (D) in paragraph (5), by striking ‘‘section SA 87. Mr. HOEVEN (for himself and Health Act of 1970 (29 U.S.C. 658). 133(d)(3)’’ and inserting ‘‘section 133(d)(4)’’; Mr. INHOFE) submitted an amendment (2) The receipt of a citation from the Occu- (2) in subsection (h)(2)— intended to be proposed to amendment pational Safety and Health Administration (A) in the first sentence, by striking SA 2 proposed by Ms. MURKOWSKI (for that the oil well, petrochemical manufac- ‘‘shall’’ and inserting ‘‘shall not’’; and herself, Mr. HOEVEN, Mr. BARRASSO, turing plant, or pipeline construction or (B) in the second sentence, by striking Mr. RISCH, Mr. LEE, Mr. FLAKE, Mr. transportation entity has— ‘‘shall’’ and inserting ‘‘shall not’’; and DAINES, Mr. MANCHIN, Mr. CASSIDY, Mr. (A) willfully or repeatedly violated manda- (3) in subsection (k), by striking ‘‘2005 tory health or safety standards at an oil through 2009’’ and inserting ‘‘2015 and 2016’’. GARDNER, Mr. PORTMAN, Mr. ALEX- well, a petrochemical manufacturing plant, ANDER, and Mrs. CAPITO) to the bill S. or a pipeline construction or transportation SA 86. Ms. AYOTTE submitted an 1, to approve the Keystone XL Pipe- entity under such section; or amendment intended to be proposed to line; as follows: (B) the potential to have such a pattern or amendment SA 2 proposed by Ms. MUR- At the appropriate place, insert the fol- willful or repeated violations. KOWSKI (for herself, Mr. HOEVEN, Mr. lowing: (c) RULE OF CONSTRUCTION.—Nothing in BARRASSO, Mr. RISCH, Mr. LEE, Mr. SEC. llll. SENSE OF CONGRESS ACKNOWL- this section shall be construed to affect any FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. EDGING THE ENVIRONMENTAL IM- obligation of a person to make a disclosure PACT FINDINGS OF THE KEYSTONE under any other applicable law in effect be- CASSIDY, Mr. GARDNER, Mr. PORTMAN, XL PIPELINE PROJECT. fore, on, or after the effective date of this Mr. ALEXANDER, and Mrs. CAPITO) to It is the sense of Congress that Congress is section. the bill S. 1, to approve the Keystone in agreement with the following findings of (d) COMMISSION AUTHORITY.— XL Pipeline; which was ordered to lie the Final Supplemental Environmental Im- (1) ENFORCEMENT.—A violation by any per- on the table; as follows: pact Statement issued by the Secretary of son of this section, or any rule or regulation At the appropriate place, insert the fol- State for the Keystone XL Project (referred of the Securities and Exchange Commission lowing: to in this section as the ‘‘FSEIS’’): issued under this section, shall be treated for (1) ‘‘The analyses of potential impacts as- SEC. lll. AMERICAN BRIDGE FUND. all purposes in the same manner as a viola- sociated with construction and normal oper- (a) AMERICAN BRIDGE FUND.— tion of the Securities Exchange Act of 1934 ation of the proposed Project suggest that (1) IN GENERAL.—There is established in the (15 U.S.C. 78a et seq.) or the rules and regula- significant impacts to most resources are Treasury of the United States a fund to be tions issued thereunder, consistent with the not expected along the proposed Project known as the ‘‘American Bridge Fund’’, con- provisions of this section, and any such per- route’’ (FSEIS page 4.16-1, section 4.16). sisting of such amounts as may be appro- son shall be subject to the same penalties, (2) ‘‘The total annual GHG [greenhouse priated to such fund as provided in para- and to the same extent, as for a violation of gas] emissions (direct and indirect) attrib- graph (2). such Act or the rules or regulations issued uted to the No Action scenarios range from (2) TRANSFERS TO FUND.—There is hereby thereunder. 28 to 42 percent greater than for the proposed appropriated to the American Bridge Fund (2) RULE AND REGULATIONS.—The Securities Project’’ (FSEIS page ES-34, section an amount equivalent to the increase in rev- and Exchange Commission is authorized to ES.5.4.2). enue received in the Treasury by reason of issue such rules or regulations as are nec- (3) ‘‘. . . approval or denial of any one crude the amendments made by subsection (b), as essary or appropriate for the protection of oil transport project, including the proposed determined by the Secretary of the Treasury investors and to carry out the purposes of Project, is unlikely to significantly impact (or the Secretary’s delegate). this section. the rate of extraction in the oil sands or the (3) EXPENDITURES FROM FUND.—Amounts in (e) DEFINITIONS.—In this section: continued demand for heavy crude oil at re- the American Bridge Fund shall be made (1) ISSUER; SECURITIES LAWS.—The terms fineries in the United States based on ex- available by the Secretary of Transportation ‘‘issuer’’ and ‘‘securities laws’’ have the pected oil prices, oil-sands supply costs, for the purpose of making grants to States meanings given such terms in section 3 of transport costs, and supply-demand sce- for the repair or maintenance of any bridges the Securities Exchange Act of 1934 (15 narios’’ (FSEIS page ES-16, section ES.4.1.1). U.S.C. 78c). classified as deficient in the National Bridge Inventory, as authorized under section 144(b) SEC. ll. SENSE OF THE SENATE ON ENERGY (2) OPERATOR OF AN OIL WELL.—The term COSTS AND SUPPLIES. ‘‘operator of an oil well’’ means an operator of title 23, United States Code. It is the sense of the Senate that Congress (b) SOCIAL SECURITY NUMBER REQUIRED TO as described in the 2012 North American In- should— CLAIM THE REFUNDABLE PORTION OF THE dustry Classification System code 213111. (1) reject efforts to impose economy-wide CHILD TAX CREDIT.— (3) PETROCHEMICAL MANUFACTURING taxes, fees, mandates, or regulations that (1) IN GENERAL.—Subsection (d) of section PLANT.—The term ‘‘petrochemical manufac- will— 24 of the Internal Revenue Code of 1986 is turing plant’’ means any entity assigned the (A) increase the cost of energy for families amended by adding at the end the following 2012 North American Industry Classification and businesses of the United States; or new paragraph: System code 324, 213112, or 32511. (B) destroy jobs; and ‘‘(5) IDENTIFICATION REQUIREMENT WITH RE- (4) PIPELINE CONSTRUCTION OR TRANSPOR- (2) prioritize policies that encourage and SPECT TO TAXPAYER.— TATION ENTITY.—The term ‘‘pipeline con- enable innovation in the United States that ‘‘(A) IN GENERAL.—Paragraph (1) shall not struction or transportation entity’’ means might lead to energy supplies that are more apply to any taxpayer for any taxable year an entity described in the 2012 North Amer- abundant, affordable, clean, diverse, and se- unless the taxpayer includes the taxpayer’s ican Industry Classification System code cure. Social Security number on the return of tax 23712 or 486. for such taxable year. (f) EFFECTIVE DATE.—This section shall SA 88. Mr. LANKFORD submitted an ‘‘(B) JOINT RETURNS.—In the case of a joint take effect on the day that is 30 days after amendment intended to be proposed by return, the requirement of subparagraph (A) the date of enactment of this Act. shall be treated as met if the Social Security him to the bill S. 1, to approve the Keystone XL Pipeline; which was or- Ms. AYOTTE submitted an number of either spouse is included on such SA 85. dered to lie on the table; as follows: amendment intended to be proposed by return.’’. (2) OMISSION TREATED AS MATHEMATICAL OR At the appropriate place, insert the fol- her to the bill S. 1, to approve the Key- CLERICAL ERROR.—Subparagraph (I) of sec- lowing: stone XL Pipeline; which was ordered tion 6213(g)(2) of the Internal Revenue Code SEC. ll. SENSE OF CONGRESS REGARDING EN- to lie on the table; as follows: of 1986 is amended to read as follows: ERGY EXPORTS. After section 2, insert the following: ‘‘(I) an omission of a correct Social Secu- (a) FINDINGS.—Congress finds that— SEC. lll. LOCAL TRANSPORTATION INFRA- rity number required under section 24(d)(5) (1) competitive and open markets facilitate STRUCTURE PROGRAM. (relating to refundable portion of child tax lower prices for consumers, increase private Section 610 of title 23, United States Code, credit), or a correct TIN under section 24(e) investment, and foster economic growth and is amended— (relating to child tax credit), to be included opportunities for workers in the United (1) in subsection (d)— on a return,’’. States;

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.043 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S359

(2) technological innovations have made (c) EFFECTIVE DATE.—The amendments tions due to uncertainty, speculation, or the United States the largest oil and natural made by this subsection shall apply to tax- lack of information associated with the esti- gas producer in the world, creating millions able years beginning after the date of the en- mates under this subparagraph; and of high-paying jobs in the United States and actment of this Act. (iii) a certification that all data and docu- billions in revenues to Federal and State ments relied upon by the Environmental governments; and SA 90. Mr. CASSIDY (for himself and Protection Agency in developing the esti- (3) leveraging energy resources of the Mr. HELLER) submitted an amendment mates— United States in the global marketplace will intended to be proposed by him to the (I) have been preserved; and provide greater energy security to allies of bill S. 1, to approve the Keystone XL (II) are available for review by the public the United States and increase the geo- Pipeline; which was ordered to lie on on the Web site of the Environmental Pro- political power of the United States. the table; as follows: tection Agency, except to the extent to (b) SENSE OF CONGRESS.—It is the sense of After section 2, insert the following: which publication of the data and documents Congress that the United States should real- would constitute disclosure of confidential TITLE II—ENERGY CONSUMERS RELIEF ize its full potential as an energy super- information in violation of applicable Fed- power, by expanding trade of energy re- SECTION 201. SHORT TITLE. eral law; This title may be cited as the ‘‘Energy sources to spur economic growth, increase (E) an estimate of the increases in energy Consumers Relief Act of 2015’’. jobs in the United States, and strengthen the prices, including potential increases in gaso- national security of the United States. SEC. 202. DEFINITIONS. line or electricity prices for consumers, that In this title: may result from implementation or enforce- SA 89. Ms. AYOTTE submitted an (1) ADMINISTRATOR.—The term ‘‘Adminis- ment of the rule; and trator’’ means the Administrator of the En- amendment intended to be proposed to (F) a detailed description of the employ- vironmental Protection Agency. amendment SA 2 proposed by Ms. MUR- ment effects, including potential job losses (2) DIRECT COSTS.—The term ‘‘direct costs’’ KOWSKI (for herself, Mr. HOEVEN, Mr. and shifts in employment, that may result has the meaning given the term in chapter 8 BARRASSO, Mr. RISCH, Mr. LEE, Mr. from implementation or enforcement of the of the report of the Environmental Protec- rule. FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. tion Agency entitled ‘‘Guidelines for Pre- (2) INITIAL DETERMINATION ON INCREASES CASSIDY, Mr. GARDNER, Mr. PORTMAN, paring Economic Analyses’’ and dated De- AND IMPACTS.—The Secretary, in consulta- Mr. ALEXANDER, and Mrs. CAPITO) to cember 17, 2010. tion with the Federal Energy Regulatory the bill S. 1, to approve the Keystone (3) ENERGY-RELATED RULE THAT IS ESTI- Commission and the Administrator of the XL Pipeline; which was ordered to lie MATED TO COST MORE THAN $1,000,000,000.—The Energy Information Administration, shall on the table; as follows: term ‘‘energy-related rule that is estimated to cost more than $1,000,000,000’’ means a rule prepare an independent analysis to deter- At the appropriate place, insert the fol- mine whether the rule will cause any— lowing: of the Environmental Protection Agency that— (A) increase in energy prices for con- SEC. lll. AMERICAN BRIDGE FUND. (A) regulates any aspect of the production, sumers, including low-income households, (a) AMERICAN BRIDGE FUND.— supply, distribution, or use of energy or pro- small businesses, and manufacturers; (1) IN GENERAL.—There is established in the vides for such regulation by States or other (B) impact on fuel diversity of the elec- Treasury of the United States a fund to be governmental entities; and tricity generation portfolio of the United known as the ‘‘American Bridge Fund’’, con- (B) is estimated by the Administrator or States or on national, regional, or local elec- sisting of such amounts as may be appro- the Director of the Office of Management tric reliability; priated to such fund as provided in para- and Budget to impose direct costs and indi- (C) adverse effect on energy supply, dis- graph (2). rect costs, in the aggregate, of more than tribution, or use due to the economic or (2) TRANSFERS TO FUND.—There is hereby $1,000,000,000. technical infeasibility of implementing the appropriated to the American Bridge Fund (4) INDIRECT COSTS.—The term ‘‘indirect rule; or an amount equivalent to the increase in rev- costs’’ has the meaning given the term in (D) other adverse effect on energy supply, enue received in the Treasury by reason of chapter 8 of the report of the Environmental distribution, or use, including a shortfall in the amendments made by subsection (b), as Protection Agency entitled ‘‘Guidelines for supply and increased use of foreign supplies. determined by the Secretary of the Treasury Preparing Economic Analyses’’ and dated (3) SUBSEQUENT DETERMINATION ON ADVERSE (or the Secretary’s delegate). December 17, 2010. EFFECTS TO THE ECONOMY.—If the Secretary (3) EXPENDITURES FROM FUND.—Amounts in (5) RULE.—The term ‘‘rule’’ has the mean- determines under paragraph (2) that the rule the American Bridge Fund shall be made ing given to the term in section 551 of title will cause an increase, impact, or effect de- available by the Secretary of Transportation 5, United States Code. scribed in that paragraph, the Secretary, in for the purpose of making grants to States (6) SECRETARY.—The term ‘‘Secretary’’ consultation with the Administrator, the for the repair or maintenance of any bridges means the Secretary of Energy. Secretary of Commerce, the Secretary of classified as deficient in the National Bridge Labor, and the Administrator of the Small Inventory, as authorized under section 144(b) SEC. 203. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES Business Administration, shall— of title 23, United States Code. THAT WILL CAUSE SIGNIFICANT AD- (A) determine whether the rule will cause (b) SOCIAL SECURITY NUMBER REQUIRED TO VERSE EFFECTS TO THE ECONOMY. significant adverse effects to the economy, CLAIM THE REFUNDABLE PORTION OF THE Notwithstanding any other provision of taking into consideration— CHILD TAX CREDIT.— law, the Administrator may not promulgate (i) the costs and benefits of the rule and (1) IN GENERAL.—Subsection (e) of section as final an energy-related rule that is esti- limitations in calculating the costs and ben- 24 of the Internal Revenue Code of 1986 is mated to cost more than $1,000,000,000 if the efits due to uncertainty, speculation, or lack amended to read as follows: Secretary determines under section 204(b)(3) of information; and ‘‘(e) IDENTIFICATION REQUIREMENT WITH RE- that the rule will cause significant adverse SPECT TO QUALIFYING CHILDREN.— (ii) the positive and negative impacts of effects to the economy. the rule on economic indicators, including ‘‘(1) IN GENERAL.—Subject to paragraph (2), SEC. 204. REPORTS AND DETERMINATIONS PRIOR no credit shall be allowed under this section those related to gross domestic product, un- TO PROMULGATING AS FINAL CER- employment, wages, consumer prices, and to a taxpayer with respect to any qualifying TAIN ENERGY-RELATED RULES. business and manufacturing activity; and child unless the taxpayer includes the name (a) IN GENERAL.—Before promulgating as and taxpayer identification number of such final any energy-related rule that is esti- (B) publish the results of the determina- qualifying child on the return of tax for the mated to cost more than $1,000,000,000, the tion made under subparagraph (A) in the taxable year. Administrator shall carry out the require- Federal Register. ‘‘(2) REFUNDABLE PORTION.—Subsection ments of subsection (b). SEC. 205. PROHIBITION ON USE OF SOCIAL COST (d)(1) shall not apply to any taxpayer with (b) REQUIREMENTS.— OF CARBON IN ANALYSIS. respect to any qualifying child unless the (1) REPORT TO CONGRESS.—The Adminis- taxpayer includes the name and social secu- trator shall submit to Congress and the Sec- (a) DEFINITION OF SOCIAL COST OF CAR- rity number of such qualifying child on the retary a report containing— BON.—In this section, the term ‘‘social cost return of tax for the taxable year.’’. (A) a copy of the rule; of carbon’’ means— (2) OMISSION TREATED AS MATHEMATICAL OR (B) a concise general statement relating to (1) the social cost of carbon as described in CLERICAL ERROR.—Subparagraph (I) of sec- the rule; the technical support document entitled tion 6213(g)(2) of the Internal Revenue Code (C) an estimate of the total costs of the ‘‘Technical Support Document: Technical of 1986 is amended to read as follows: rule, including the direct costs and indirect Update of the Social Cost of Carbon for Reg- ‘‘(I) an omission of a correct TIN under costs of the rule; ulatory Impact Analysis Under Executive section 24(e)(1) (relating to child tax credit) (D)(i) an estimate of the total benefits of Order 12866’’, published by the Interagency or a correct Social Security number required the rule and when such benefits are expected Working Group on Social Cost of Carbon, under section 24(e)(2) (relating to refundable to be realized; United States Government, in May 2013 (or portion of child tax credit), to be included on (ii) a description of the modeling, the cal- any successor or substantially related docu- a return,’’. culations, the assumptions, and the limita- ment); or

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.043 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S360 CONGRESSIONAL RECORD — SENATE January 21, 2015 (2) any other estimate of the monetized TITLE I—REPEAL OF OIL AND GAS a major integrated oil company (within the damages associated with an incremental in- SUBSIDIES meaning of section 167(h)(5)) for the taxable crease in carbon dioxide emissions in a given Subtitle A—Close Big Oil Tax Loopholes year, the term ‘domestic production gross re- year. SEC. 101. MODIFICATIONS OF FOREIGN TAX ceipts’ shall not include gross receipts from (b) PROHIBITION ON USE OF SOCIAL COST OF CREDIT RULES APPLICABLE TO the production, refining, processing, trans- CARBON IN ANALYSIS.—Notwithstanding any MAJOR INTEGRATED OIL COMPA- portation, or distribution of oil, gas, or any other provision of law or any Executive NIES WHICH ARE DUAL CAPACITY primary product (within the meaning of sub- order, the Administrator may not use the so- TAXPAYERS. section (d)(9)) thereof.’’. cial cost of carbon to incorporate social ben- (a) IN GENERAL.—Section 901 of the Inter- (b) EFFECTIVE DATE.—The amendment efits of reducing carbon dioxide emissions, or nal Revenue Code of 1986 is amended by re- made by this section shall apply to taxable for any other reason, in any cost-benefit designating subsection (n) as subsection (o) years beginning after December 31, 2015. analysis relating to an energy-related rule and by inserting after subsection (m) the fol- SEC. 103. LIMITATION ON DEDUCTION FOR IN- that is estimated to cost more than lowing new subsection: TANGIBLE DRILLING AND DEVELOP- $1,000,000,000 unless a Federal law is enacted ‘‘(n) SPECIAL RULES RELATING TO MAJOR IN- MENT COSTS; AMORTIZATION OF DISALLOWED AMOUNTS. authorizing the use. TEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS.— (a) IN GENERAL.—Section 263(c) of the In- ternal Revenue Code of 1986 is amended to SA 91. Mr. HELLER submitted an ‘‘(1) GENERAL RULE.—Notwithstanding any other provision of this chapter, any amount read as follows: amendment intended to be proposed by paid or accrued by a dual capacity taxpayer ‘‘(c) INTANGIBLE DRILLING AND DEVELOP- him to the bill S. 1, to approve the which is a major integrated oil company MENT COSTS IN THE CASE OF OIL AND GAS Keystone XL Pipeline; which was or- (within the meaning of section 167(h)(5)) to a WELLS AND GEOTHERMAL WELLS.— dered to lie on the table; as follows: foreign country or possession of the United ‘‘(1) IN GENERAL.—Notwithstanding sub- section (a), and except as provided in sub- After section 2, insert the following: States for any period shall not be considered a tax— section (i), regulations shall be prescribed by SEC. ll. REVIEW OF CERTAIN FEDERAL REG- the Secretary under this subtitle cor- ISTER NOTICES. ‘‘(A) if, for such period, the foreign country or possession does not impose a generally ap- responding to the regulations which granted If, by the date that is 45 days after the date the option to deduct as expenses intangible on which a State Bureau of Land Manage- plicable income tax, or ‘‘(B) to the extent such amount exceeds the drilling and development costs in the case of ment office has submitted a Federal Register oil and gas wells and which were recognized notice to the Washington, DC, office of the amount (determined in accordance with reg- ulations) which— and approved by the Congress in House Con- Bureau of Land Management for Department current Resolution 50, Seventy-ninth Con- of the Interior review, the review has not ‘‘(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income gress. Such regulations shall also grant the been completed— option to deduct as expenses intangible drill- (1) the notice shall consider to be approved; tax imposed by the country or possession, or ‘‘(ii) would be paid if the generally applica- ing and development costs in the case of and wells drilled for any geothermal deposit (as (2) the State Bureau of Land Management ble income tax imposed by the country or possession were applicable to such dual ca- defined in section 613(e)(2)) to the same ex- office shall immediately forward the notice tent and in the same manner as such ex- to the Federal Register for publication. pacity taxpayer. Nothing in this paragraph shall be construed penses are deductible in the case of oil and gas wells. This subsection shall not apply Mr. BURR (for himself, Ms. to imply the proper treatment of any such SA 92. amount not in excess of the amount deter- with respect to any costs to which any de- AYOTTE, and Mr. BENNET) submitted an mined under subparagraph (B). duction is allowed under section 59(e) or 291. ‘‘(2) EXCLUSION.— amendment intended to be proposed by ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- him to the bill S. 1, to approve the poses of this subsection, the term ‘dual ca- ‘‘(A) IN GENERAL.—This subsection shall Keystone XL Pipeline; which was or- pacity taxpayer’ means, with respect to any not apply to amounts paid or incurred by a dered to lie on the table; as follows: foreign country or possession of the United taxpayer in any taxable year in which such States, a person who— taxpayer is a major integrated oil company At the appropriate place, insert the fol- (within the meaning of section 167(h)(5)). lowing: ‘‘(A) is subject to a levy of such country or possession, and ‘‘(B) AMORTIZATION OF AMOUNTS NOT ALLOW- SEC. ll. PERMANENT REAUTHORIZATION OF ‘‘(B) receives (or will receive) directly or ABLE AS DEDUCTIONS UNDER SUBPARAGRAPH LAND AND WATER CONSERVATION (A).—The amount not allowable as a deduc- FUND. indirectly a specific economic benefit (as de- termined in accordance with regulations) tion for any taxable year by reason of sub- (a) IN GENERAL.—Section 200302 of title 54, from such country or possession. paragraph (A) shall be allowable as a deduc- United States Code, is amended — tion ratably over the 60-month period begin- (1) in subsection (b), in the matter pre- ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— For purposes of this subsection— ning with the month in which the costs are ceding paragraph (1), by striking ‘‘During paid or incurred. For purposes of section the period ending September 30, 2015, there’’ ‘‘(A) IN GENERAL.—The term ‘generally ap- plicable income tax’ means an income tax 1254, any deduction under this subparagraph and inserting ‘‘There’’; and shall be treated as a deduction under this (2) in subsection (c)(1), by striking (or a series of income taxes) which is gen- erally imposed under the laws of a foreign subsection.’’. ‘‘through September 30, 2015’’. (b) EFFECTIVE DATE.—The amendment country or possession on income derived (b) PUBLIC ACCESS.—Section 200306 of title made by this section shall apply to amounts from the conduct of a trade or business with- 54, United States Code, is amended by adding paid or incurred in taxable years beginning in such country or possession. at the end the following: after December 31, 2015. ‘‘(B) EXCEPTIONS.—Such term shall not in- ‘‘(c) PUBLIC ACCESS.—Not less than 1.5 per- SEC. 104. LIMITATION ON PERCENTAGE DEPLE- clude a tax unless it has substantial applica- cent of amounts made available for expendi- TION ALLOWANCE FOR OIL AND GAS tion, by its terms and in practice, to— ture in any fiscal year under section 200303 WELLS. ‘‘(i) persons who are not dual capacity tax- shall be used for projects that secure rec- (a) IN GENERAL.—Section 613A of the Inter- payers, and reational public access to existing Federal nal Revenue Code of 1986 is amended by add- ‘‘(ii) persons who are citizens or residents public land for hunting, fishing, and other ing at the end the following new subsection: of the foreign country or possession.’’. recreational purposes.’’. ‘‘(f) APPLICATION WITH RESPECT TO MAJOR (b) EFFECTIVE DATE.— INTEGRATED OIL COMPANIES.—In the case of (1) IN GENERAL.—The amendments made by Mr. MERKLEY submitted an any taxable year in which the taxpayer is a SA 93. this section shall apply to taxes paid or ac- major integrated oil company (within the amendment intended to be proposed to crued in taxable years beginning after the meaning of section 167(h)(5)), the allowance amendment SA 2 proposed by Ms. MUR- date of the enactment of this Act. for percentage depletion shall be zero.’’. KOWSKI (for herself, Mr. HOEVEN, Mr. (2) CONTRARY TREATY OBLIGATIONS (b) EFFECTIVE DATE.—The amendment BARRASSO, Mr. RISCH, Mr. LEE, Mr. UPHELD.—The amendments made by this sec- made by this section shall apply to taxable FLAKE, Mr. DAINES, Mr. MANCHIN, Mr. tion shall not apply to the extent contrary years beginning after December 31, 2015. CASSIDY, Mr. GARDNER, Mr. PORTMAN, to any treaty obligation of the United SEC. 105. LIMITATION ON DEDUCTION FOR TER- States. TIARY INJECTANTS. Mr. ALEXANDER, and Mrs. CAPITO) to SEC. 102. LIMITATION ON SECTION 199 DEDUC- (a) IN GENERAL.—Section 193 of the Inter- the bill S. 1, supra; which was ordered TION ATTRIBUTABLE TO OIL, NAT- nal Revenue Code of 1986 is amended by add- to lie on the table, as follows: URAL GAS, OR PRIMARY PRODUCTS ing at the end the following new subsection: At the end, add the following: THEREOF. ‘‘(d) APPLICATION WITH RESPECT TO MAJOR (a) DENIAL OF DEDUCTION.—Paragraph (4) of INTEGRATED OIL COMPANIES.— ll DIVISION— REBUILDING AMERICA’S section 199(c) of the Internal Revenue Code ‘‘(1) IN GENERAL.—This section shall not INFRASTRUCTURE of 1986 is amended by adding at the end the apply to amounts paid or incurred by a tax- SECTION 1. SHORT TITLE. following new subparagraph: payer in any taxable year in which such tax- This division may be cited as the ‘‘Rebuild- ‘‘(E) SPECIAL RULE FOR CERTAIN OIL AND GAS payer is a major integrated oil company ing America’s Infrastructure Act of 2015’’. INCOME.—In the case of any taxpayer who is (within the meaning of section 167(h)(5)).

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.044 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S361

‘‘(2) AMORTIZATION OF AMOUNTS NOT ALLOW- 9503 of the Internal Revenue Code of 1986 is Treasury shall transfer to the Administrator ABLE AS DEDUCTIONS UNDER PARAGRAPH (1).— amended by redesignating paragraph (7) as of the Environmental Protection Agency, The amount not allowable as a deduction for paragraph (8) and by inserting after para- $1,500,000,000 for State water pollution con- any taxable year by reason of paragraph (1) graph (6) the following new paragraph: trol revolving funds established in accord- shall be allowable as a deduction ratably ‘‘(7) 2015 INCREASE.—Out of money in the ance with title VI of the Federal Water Pol- over the 60-month period beginning with the Treasury not otherwise appropriated, there lution Control Act (33 U.S.C. 1381 et seq.). month in which the costs are paid or in- is hereby appropriated to the Highway Ac- SEC. 302. STATE DRINKING WATER TREATMENT curred.’’. count (as defined in subsection (e)(5)(B)) and REVOLVING LOAN FUNDS. (b) EFFECTIVE DATE.—The amendment the Mass Transit Account in the Highway Out of any funds of the Treasury not other- made by this section shall apply to amounts Trust Fund amounts equal to the amounts wise appropriated, the Secretary of the paid or incurred in taxable years beginning determined under section 201(a)(1)(B) of the Treasury shall transfer to the Administrator after December 31, 2015. Rebuilding America’s Infrastructure Act of of the Environmental Protection Agency, SEC. 106. MODIFICATION OF DEFINITION OF 2015.’’. $1,000,000,000 for State drinking water treat- MAJOR INTEGRATED OIL COMPANY. (b) WATER INFRASTRUCTURE INNOVATIVE FI- ment revolving loan funds established in ac- (a) IN GENERAL.—Paragraph (5) of section NANCING PILOT PROJECTS.—Out of any funds cordance with section 1452 of the Safe Drink- 167(h) of the Internal Revenue Code of 1986 is of the Treasury not otherwise appropriated, ing Water Act (42 U.S.C. 300j–12). amended by adding at the end the following the Secretary of the Treasury shall transfer TITLE IV—MISCELLANEOUS to the Secretary of the Army and the Admin- new subparagraph: SEC. 401. ENFORCEMENT OF DISCRETIONARY ‘‘(C) CERTAIN SUCCESSORS IN INTEREST.—For istrator of the Environmental Protection SPENDING LIMITS. purposes of this paragraph, the term ‘major Agency jointly, $2,000,000,000 to carry out the The Office of Management and Budget integrated oil company’ includes any suc- Water Infrastructure Finance and Innova- shall not include amounts made available cessor in interest of a company that was de- tion Act of 2014 (33 U.S.C. 3901 et seq.) under subsections (b) or (c) of section 201 or scribed in subparagraph (B) in any taxable through 2019. title III during a fiscal year in determining (c) TIGER DISCRETIONARY GRANTS.— year, if such successor controls more than 50 whether there has been a breach of the dis- (1) DEFINITION OF TIGER DISCRETIONARY percent of the crude oil production or nat- cretionary spending limits under the Bal- GRANT.—In this section, the term ‘‘TIGER ural gas production of such company.’’. anced Budget and Emergency Deficit Control discretionary grant’’ means a grant awarded (b) CONFORMING AMENDMENTS.— Act of 1985 (2 U.S.C. 900 et seq.) during the and administered by the Secretary of Trans- (1) IN GENERAL.—Subparagraph (B) of sec- fiscal year. tion 167(h)(5) of the Internal Revenue Code of portation using funds made available for— 1986 is amended by inserting ‘‘except as pro- (A) supplemental discretionary grants for a SA 94. (Ms. HEITKAMP (for herself, vided in subparagraph (C),’’ after ‘‘For pur- national surface transportation system Mr. DONNELLY, Mr. CASEY, Mr. CARPER, under title XII of division A of the American poses of this paragraph,’’. Mr. MANCHIN, and Mr. COONS) sub- Recovery and Reinvestment Act of 2009 (Pub- (2) TAXABLE YEARS TESTED.—Clause (iii) of mitted an amendment to be proposed section 167(h)(5)(B) of such Code is amend- lic Law 111–5; 123 Stat. 203); (B) the national infrastructure invest- by her to the bill S. 1, supra; which was ed— ordered to lie on the table, as follows: (A) by striking ‘‘does not apply by reason ments discretionary grant program under of paragraph (4) of section 613A(d)’’ and in- title I of division A of the Consolidated Ap- At the appropriate place, insert the fol- serting ‘‘did not apply by reason of para- propriations Act, 2010 (Public Law 111–17; 123 lowing: graph (4) of section 613A(d) for any taxable Stat. 3035); SEC. ll. SENSE OF SENATE REGARDING RENEW- year after 2004’’, and (C) national infrastructure investments ABLE ENERGY AND CARBON CAP- TURE RESEARCH. (B) by striking ‘‘does not apply’’ in sub- under section 2202 of division B of the De- (a) FINDINGS.—The Senate finds that— clause (II) and inserting ‘‘did not apply for partment of Defense and Full-Year Con- (1) the energy policy of the United States the taxable year’’. tinuing Appropriations Act, 2011 (Public Law is based on an all-of-the-above approach to (c) EFFECTIVE DATE.—The amendments 112–10; 125 Stat. 191); production sources; made by this section shall apply to taxable (D) national infrastructure investments (2) an all-of-the-above approach reduces de- years beginning after December 31, 2015. under title I of division C of the Consolidated and Further Continuing Appropriations Act, pendence on foreign oil, increases national Subtitle B—Outer Continental Shelf Oil and 2012 (Public Law 112–55; 125 Stat. 641); security, and creates jobs; Natural Gas (E) national infrastructure investments (3) smart research investments are critical SEC. 111. REPEAL OF OUTER CONTINENTAL under title VIII of division F of the Consoli- to increase the energy independence of the SHELF DEEP WATER AND DEEP GAS dated and Further Continuing Appropria- United States, combat climate change, re- ROYALTY RELIEF. tions Act, 2013 (Public Law 113–6; 127 Stat. duce emissions, and create jobs; (a) IN GENERAL.—Sections 344 and 345 of 432); (4) Department of Energy funding for re- the Energy Policy Act of 2005 (42 U.S.C. 15904, (F) national infrastructure investments search and development for renewable en- 15905) are repealed. under title I of division L of the Consolidated ergy is not currently adequate; and (b) ADMINISTRATION.—The Secretary of the (5) research regarding carbon capture use Interior shall not be required to provide for Appropriations Act, 2014 (Public Law 113–76; and sequestration has decreased almost 30 royalty relief in the lease sale terms begin- 128 Stat. 574); or percent since fiscal year 2012. ning with the first lease sale held on or after (G) national infrastructure investments under title I of division K of the Consoli- (b) SENSE OF SENATE.—It is the sense of the the date of enactment of this Act for which Senate that research and development and a final notice of sale has not been published. dated and Further Continuing Appropria- tions Act, 2015 (Public Law 113–235). loan and grant program funding for renew- TITLE II—INFRASTRUCTURE FUNDING (2) APPROPRIATION.—Out of any funds of able energy and carbon capture systems SEC. 201. INFRASTRUCTURE FUNDING. the Treasury not otherwise appropriated, the should be increased in order to reduce United (a) IN GENERAL.— Secretary of the Treasury shall transfer to States emissions, combat climate change, (1) TRANSFERS.—Not later than 90 days the Secretary of Transportation, provide energy security, and maintain en- after the date of enactment of this Act, out $2,000,000,000 to provide TIGER discretionary ergy diversity. of any funds in the Treasury not otherwise grants for fiscal year 2016. appropriated, the Secretary of the Treasury (d) MAINTENANCE OF FUNDING.—The funding SA 95. Ms. HEITKAMP (for herself, shall transfer an amount equal to the net provided under this section shall supplement Mr. DONNELLY, and Mr. COONS) sub- amount of any savings realized as a result of (and not supplant) other Federal funding for mitted an amendment intended to be the enactment of this Act and the amend- the programs and accounts funded under this proposed to amendment SA 2 proposed ments made by this Act (after any expendi- section. by Ms. MURKOWSKI (for herself, Mr. tures authorized by this Act and the amend- SEC. 202. BUDGETARY EFFECTS. HOEVEN, Mr. BARRASSO, Mr. RISCH, Mr. ments made by this Act)— The budgetary effects of this Act, for the LEE, Mr. FLAKE, Mr. DAINES, Mr. (A) in accordance with subsections (b) and purpose of complying with the Statutory (c); and Pay-As-You-Go-Act of 2010, shall be deter- MANCHIN, Mr. CASSIDY, Mr. GARDNER, (B) in the case of any additional savings mined by reference to the latest statement Mr. PORTMAN, Mr. ALEXANDER, and after the application of such subsections, titled ‘‘Budgetary Effects of PAYGO Legisla- Mrs. CAPITO) to the bill S. 1, supra; into the Highway Trust Fund in the fol- tion’’ for this Act, submitted for printing in which was ordered to lie on the table, lowing manner: the Congressional Record by the Chairman of as follows: the Senate Budget Committee, provided that (i) 75 percent of such additional savings At the appropriate place, insert the fol- such statement has been submitted prior to shall be transferred into the Highway Trust lowing: the vote on passage. Fund (other than the Mass Transit Account). SEC. 3. 5-YEAR EXTENSION OF CREDITS WITH RE- (ii) 25 percent of such additional savings TITLE III—STATE REVOLVING FUNDS SPECT TO FACILITIES PRODUCING shall be transferred into the Mass Transit SEC. 301. STATE WATER POLLUTION CONTROL ENERGY FROM CERTAIN RENEW- Account. REVOLVING FUNDS. ABLE RESOURCES. (2) CONFORMING AMENDMENT TO THE INTER- Out of any funds of the Treasury not other- (a) IN GENERAL.—The following provisions NAL REVENUE CODE.—Subsection (f) of section wise appropriated, the Secretary of the of section 45(d) of the Internal Revenue Code

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.047 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S362 CONGRESSIONAL RECORD — SENATE January 21, 2015

of 1986 are each amended by striking ‘‘Janu- (b) REPORT.— eral Emergency Management Agency, or des- ary 1, 2015’’ each place it appears and insert- (1) IN GENERAL.—Not later than 180 days ignee. ing ‘‘January 1, 2020’’: after the date of the enactment of this Act, ‘‘(B) The Director of the Office of Emer- (1) Paragraph (1). and every 2 years thereafter, the Secretary gency Communications of the Department of (2) Paragraph (2)(A). of Transportation and the PHMSA Adminis- Homeland Security, or designee. (3) Paragraph (3)(A). trator, in conjunction with the heads of ‘‘(C) The Director for the Office of Rail- (4) Paragraph (4)(B). other Federal agencies, as appropriate, shall road, Pipeline and Hazardous Materials In- (5) Paragraph (6). submit to the appropriate congressional vestigations of the National Transportation (6) Paragraph (7). committees a report on the study conducted Safety Board, or designee, only in an advi- (7) Paragraph (9). under subsection (a). sory capacity. (8) Paragraph (11)(B). (2) CONTENT.—The report required under ‘‘(D) The Associate Administrator for Rail- (b) EXTENSION OF ELECTION TO TREAT paragraph (1) shall include the following ele- road Safety of the Federal Railroad Adminis- QUALIFIED FACILITIES AS ENERGY PROP- ments: tration, or designee. ERTY.—Clause (ii) of section 48(a)(5)(C) is (A) The findings of the study conducted ‘‘(E) The Assistant Administrator for Secu- amended by striking ‘‘January 1, 2015’’ and under subsection (a). rity Policy and Industry Engagement of the inserting ‘‘January 1, 2020’’. (B) Input from other Federal agencies that Transportation Security Administration, or (c) EFFECTIVE DATES.—The amendments have any significant role in the safe trans- designee. made by this section shall take effect on portation of crude oil, petroleum products, ‘‘(F) The Assistant Commandant for Re- January 1, 2015. natural gas, natural gas liquids, and related sponse Policy of the Coast Guard, or des- products by rail and pipeline. ignee. SA 96. Ms. HEITKAMP submitted an (C) A description of any impending changes ‘‘(G) The Assistant Administrator for the amendment to be proposed by her to to regulations or policy that may have an ef- Office of Solid Waste and Emergency Re- the bill S.1, supra; which was ordered fect on personnel, resources, or funding or sponse of the Environmental Protection to lie on the table, as follows: that would otherwise impact the ability of Agency, or designee. the Department and the Administration to ‘‘(H) The Associate Administrator for Haz- At the appropriate place, insert the fol- meet the basic standards necessary to prop- ardous Materials Safety of the Pipeline and lowing: erly monitor and regulate the transportation Hazardous Materials Safety Administration, SEC. ll. STUDY ON RESOURCES REQUIRED TO of crude oil, petroleum products, natural gas, or designee. ENSURE SAFE TRANSPORTATION BY ‘‘(I) The Chief Safety Officer and Assistant PIPELINE AND RAIL OF PETROLEUM natural gas liquids, and related products by rail and pipeline. Administrator of the Federal Motor Carrier PRODUCTS. Safety Administration, or designee. (a) STUDY REQUIRED.— (D) Recommendations for enhancing safety for the transport of crude oil, petroleum ‘‘(J) The Director of the Office of Energy (1) IN GENERAL.—The Secretary of Trans- Infrastructure Security of the Federal En- portation and the Administrator of Pipeline products, natural gas, natural gas liquids, and related products by rail and pipeline, ergy Regulatory Commission, or designee. and Hazardous Materials Safety Administra- ‘‘(K) Such other qualified individuals as tion (PHMSA) shall conduct a study on the and what resources, personnel, and funding would be required to implement such rec- the Administrator shall appoint as soon as resources necessary to ensure the safe trans- practicable after the date of the enactment portation of crude oil, petroleum products, ommendations. (E) An explanation of why the Department of the Keystone XL Pipeline Approval Act natural gas, natural gas liquids, and related from among the following: products, including by rail and pipeline. The or the Administration is not already imple- menting any of such recommendations. ‘‘(i) Members of the National Advisory study shall focus on the following priorities: Council that have the requisite technical (F) Recommendations for additional legis- (A) Ensuring the safe transportation of knowledge and expertise to address rail and lation necessary to implement recommenda- crude oil, petroleum products, natural gas, pipeline emergency response issues, includ- tions contained in the report. natural gas liquids, and related products by ing members from the following disciplines: (c) APPROPRIATE CONGRESSIONAL COMMIT- rail and pipeline. ‘‘(I) Emergency management and emer- (B) Ensuring PHMSA has the necessary TEES DEFINED.—In this section, the term ‘‘appropriate congressional committees’’ gency response providers, including fire serv- personnel and other resources, including ac- means— ice, law enforcement, hazardous materials cess to new and emerging technologies, to (1) the Committee on Commerce, Science, response, and emergency medical services. properly monitor and regulate the transpor- and Transportation, the Committee on ‘‘(II) State, local, and tribal government tation of crude oil, petroleum products, nat- Homeland Security and Governmental Af- officials with expertise in preparedness, pro- ural gas, natural gas liquids, and related fairs, the Committee on Energy and Natural tection, response, recovery, and mitigation, products by rail and pipeline. Resources, the Committee on Finance, and including Adjutants General. (2) SCOPE.—The study required under this the Committee on Appropriations of the Sen- ‘‘(III) Elected State, local, and tribal gov- subsection shall include the following ele- ate; and ernment executives. ments: ‘‘(IV) Such other individuals as the Admin- (2) the Committee on Energy and Com- (A) An examination of the current and pro- istrator determines to be appropriate. merce, the Committee on Natural Resources, jected resources and personnel at the Depart- ‘‘(ii) Individuals who have the requisite the Committee on Homeland Security, the ment of Transportation and PHMSA that are technical knowledge and expertise to serve Committee on Ways and Means, and the or will be dedicated to regulating, moni- on the Subcommittee, including representa- Committee on Appropriations of the House toring, and ensuring the overall safe trans- tives of— of Representatives. portation of crude oil, petroleum products, ‘‘(I) the rail industry; natural gas, natural gas liquids, and related SEC. ll. RAILROAD AND PIPELINE EMERGENCY ‘‘(II) the pipeline industry; SERVICES PREPAREDNESS, OPER- products by rail and pipeline. ATIONAL NEEDS, AND SAFETY EVAL- ‘‘(III) the oil industry; (B) A determination of the appropriate UATION SUBCOMMITTEE. ‘‘(IV) the communications industry; manpower personnel, resources, and funding Section 508 of the Homeland Security Act ‘‘(V) emergency response providers, includ- requirements for all Department and Admin- of 2002 (6 U.S.C. 318) is amended— ing individuals nominated by national orga- istration elements that do or are expected to (1) by redesignating subsection (d) as sub- nizations representing local governments play a significant role in regulating, moni- section (e); and and personnel; toring, and ensuring the overall safe trans- (2) by inserting after subsection (c) the fol- ‘‘(VI) representatives from national Indian portation of crude oil, petroleum products, lowing new subsection: organizations; natural gas, natural gas liquids, and related ‘‘(d) RAILROAD AND PIPELINE EMERGENCY ‘‘(VII) technical experts; and products by rail and pipeline. SERVICES PREPAREDNESS, OPERATIONAL ‘‘(VIII) vendors, developers, and manufac- (C) An assessment and description of the NEEDS, AND SAFETY EVALUATION SUB- turers of systems, facilities, equipment, and personnel, resources, and funding needs for COMMITTEE.— capabilities for emergency responder serv- each State, and a description of the State, ‘‘(1) ESTABLISHMENT.—Not later than 30 ices. local, and tribal resources and personnel days after the date of the enactment of the ‘‘(iii) Representatives of such other stake- that are dedicated to performing the tasks Keystone XL Pipeline Approval Act, the Ad- holders and interested and affected parties as described in subparagraph (B). ministrator shall establish, as a sub- the Administrator considers appropriate. (D) The development and use of technology committee of the National Advisory Council, ‘‘(3) CHAIRPERSON.—The Deputy Adminis- for each of the Department and Administra- the Railroad and Pipeline Emergency Serv- trator for Protection and National Prepared- tion elements involved in regulating, moni- ices Preparedness, Operational Needs, and ness shall serve as the Chairperson of the toring, or otherwise ensuring the overall safe Safety Evaluation Subcommittee (referred Subcommittee, or designee. transportation of crude oil, petroleum prod- to in this subsection as the ‘Subcommittee’). ‘‘(4) MEETINGS.— ucts, natural gas, natural gas liquids, and re- ‘‘(2) MEMBERSHIP.—Notwithstanding sub- ‘‘(A) INITIAL MEETING.—The initial meeting lated products by rail and pipeline, including section (c), the Subcommittee shall be com- of the Subcommittee shall take place not whether the elements need additional tech- posed of the following: later than 90 days after the date of the enact- nological assets and how best to acquire ‘‘(A) The Deputy Administrator for Protec- ment of the Keystone XL Pipeline Approval needed additional technological assets. tion and National Preparedness of the Fed- Act.

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.051 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S363

‘‘(B) OTHER MEETINGS.—After the initial and how to increase the rate of access to the ‘‘(v) the Committee on Transportation and meeting, the Subcommittee shall meet at individual responder in existing or emerging Infrastructure of the House of Representa- least twice annually, with at least 1 meeting communications technology. tives; and conducted in person during the first year, at ‘‘(D) The need for emergency response ‘‘(vi) the Committees on Appropriations of the call of the Chairperson. plans for rail, similar to existing law related the Senate and the House of Representatives. ‘‘(5) CONSULTATION WITH NONMEMBERS.—The to maritime and stationary facility emer- ‘‘(8) INTERIM ACTIVITY.— Subcommittee and the program offices for gency response plans for hazardous mate- ‘‘(A) UPDATES AND OVERSIGHT.—After the emergency responder training and resources rials, including the following: submission of the report by the National Ad- shall consult with other relevant agencies ‘‘(i) The requirements of such emergency visory Council under paragraph (7), the Ad- and groups, including entities engaged in plans on each train and the format and avail- ministrator shall— Federally funded research and academic in- ability of such emergency plans to emer- ‘‘(i) provide quarterly updates to the con- stitutions engaged in relevant work and re- gency responders in communities through gressional committees referred to in para- search, which are not represented on the which the materials travel. graph (7) regarding the status of the imple- Subcommittee to consider new and devel- ‘‘(ii) How the industry would implement mentation of the recommendations devel- oping technologies and methods that may be such plans. oped under paragraph (6); and beneficial to preparedness and response to ‘‘(iii) The thresholds that require emer- ‘‘(ii) coordinate the implementation of the rail and pipeline incidents. recommendations described in paragraph gency plans for each train related to haz- ‘‘(6) RECOMMENDATIONS.—The Sub- (6)(G)(i). ardous materials in its cargo. committee shall develop recommendations, ‘‘(B) ADDITIONAL REPORTS.—After submit- ‘‘(iv) Gaps in existing regulations across for improving emergency responder training ting the report required under paragraph (7), agencies. and resource allocation, including the fol- the Subcommittee shall submit additional ‘‘(E) The need for a rail and pipeline haz- lowing: reports and recommendations in the same ardous materials incident database, includ- ‘‘(A) Quality and application of training manner and to the same entities identified in ing the following: for local emergency first responders related paragraph (7) if needed or requested from ‘‘(i) An assessment of the appropriate enti- to rail and pipeline hazardous materials inci- Congress or from the Administrator. ty to host the database. dents, with a particular focus on local emer- ‘‘(9) TERMINATION.— ‘‘(ii) A definition of ‘rail hazardous mate- gency responders and small communities ‘‘(A) IN GENERAL.—Except as provided in near railroads and pipelines, including the rials incident’ and ‘pipeline hazardous mate- subparagraph (B), the Subcommittee shall following: rials incident’ that would constitute the terminate not later than 4 years after the ‘‘(i) Ease of access to relevant training for level of reporting from the industry. date of the enactment of the Keystone XL local emergency first responders, including ‘‘(iii) The projected cost of such a database Pipeline Approval Act. and how that database would be maintained an analysis of— ‘‘(B) EXTENSION.—The Administrator may ‘‘(I) the number of individuals being and enforced. extend the duration of the Subcommittee, in trained; ‘‘(F) Increasing access to relevant, useful, 1-year increments, if the Administrator de- ‘‘(II) the number of individuals who are ap- and timely information for the local emer- termines that additional reports and rec- plying; gency responder for training purposes and in ommendations are needed from the Sub- ‘‘(III) whether current demand is being the event of a rail or pipeline hazardous ma- committee after the termination date set met; terials incident, including the following: forth in subparagraph (A).’’. ‘‘(IV) current challenges; and ‘‘(i) Existing information that the emer- ‘‘(V) projected needs. gency responder can access, what the current SA 97. Ms. HEITKAMP submitted an ‘‘(ii) Modernization of course content re- rate of access and usefulness is for the emer- amendment to be proposed by her to lated to rail and pipeline hazardous mate- gency responder, and what current informa- the bill S.1, supra; which was ordered rials incidents, with a particular focus on re- tion should remain and what should be reas- to lie on the table, as follows: sponse to the exponential rise in oil ship- sessed. At the appropriate place, insert the fol- ments by rail. ‘‘(ii) Utilization of existing technology in lowing: ‘‘(iii) Training content across agencies and the hands of the first responder to maximize the private sector to provide complementary delivery of useful and timely information for SEC. l. INDIAN ENERGY OFFICE. Section 2602(a) of the Energy Policy Act of opportunities for rail and pipeline hazardous training purposes or in the event of an inci- 1992 (25 U.S.C. 3502(a)) is amended— materials incidents courses and materials to dent. (1) by redesignating paragraph (3) as para- avoid overlap, including the following: ‘‘(iii) Assessment of emerging communica- graph (4); and ‘‘(I) Overlap of course content among agen- tions technology that could assist the emer- cies. (2) by inserting after paragraph (2) the fol- gency responder in the event of an incident. ‘‘(II) The need for integrated course con- lowing: ‘‘(G) Determination of the most appro- tent through public-private partnerships. ‘‘(3) INDIAN ENERGY REGULATORY OFFICE.— priate agencies and offices for the implemen- ‘‘(III) Regular and ongoing evaluation of ‘‘(A) ESTABLISHMENT.—To assist the Sec- tation of the recommendations, including— course opportunities, adaptation to emerging retary in carrying out the Program, the Sec- ‘‘(i) recommendations that can be imple- trends, agency and private sector outreach, retary shall establish within the office of the effectiveness and ease of access for local mented without congressional action and ap- Deputy Secretary an Indian Energy Regu- emergency responders. propriate time frames for such actions; and latory Office (referred to in this paragraph as ‘‘(iv) Online training platforms, train-the- ‘‘(ii) recommendations that would require the ‘Office’), to be located in Denver, Colo- trainer and mobile training options. congressional action. rado. ‘‘(B) Effectiveness of funding levels related ‘‘(7) REPORT.— ‘‘(B) EXISTING RESOURCES.—The Office shall to training local emergency responders for ‘‘(A) IN GENERAL.—Not later than 1 year use the existing resources of the Division of rail and pipeline hazardous materials inci- after the date of the enactment of the Key- Energy and Mineral Development of the Of- dents, with a particular focus on local emer- stone XL Pipeline Approval Act, the Sub- fice of Indian Energy and Economic Develop- gency responders and small communities, in- committee shall submit a report containing ment. cluding the following: the recommendations developed under para- ‘‘(C) DIRECTOR.—The Office shall be led by ‘‘(i) Minimizing overlap in resource alloca- graph (6) to the National Advisory Council. a Director who shall— tion among agencies. ‘‘(B) REVIEW.—The National Advisory ‘‘(i) be compensated at a rate equal to that ‘‘(ii) Minimizing overlap in resource alloca- Council shall take up the Subcommittee’s of level IV of the Executive Schedule under tion among agencies and private sector. report within 30 days for review and delibera- section 5315 of title 5, United States Code; ‘‘(iii) Maximizing public-private partner- tion. The National Advisory Council may and ships where funding gaps exists for specific ask for additional clarification, changes, or ‘‘(ii) report directly to the Deputy Sec- training or cost-saving measures can be im- other information from the Subcommittee to retary. plemented to increase training opportuni- assist in the approval of the recommenda- ‘‘(D) FUNCTIONS.—The Office shall serve as ties. tions. a new Regional Office within the Bureau of ‘‘(iv) Adaptation of priority settings for ‘‘(C) RECOMMENDATION.—Once the National Indian Affairs, which an energy-producing agency funding allocations in response to Advisory Council approves the recommenda- Indian tribe may select to replace the exist- emerging trends. tions from the Subcommittee, the National ing Regional Office of the Indian tribe— ‘‘(v) Historic levels of funding across agen- Advisory Council shall submit the report ‘‘(i) notwithstanding any other law, to cies and private sector for rail and pipeline to— oversee, coordinate, process and approve all hazardous materials incidents. ‘‘(i) the Administrator; Federal leases, easements, rights-of-way, ‘‘(vi) Current funding resources across ‘‘(ii) the head of each agency represented permits, policies, environmental reviews, agencies for rail and pipeline hazardous ma- on the Subcommittee; and any other authorities related to energy terials incidents. ‘‘(iii) the Committee on Homeland Secu- development on Indian land; ‘‘(C) Strategy for integration of com- rity and Governmental Affairs of the Senate; ‘‘(ii)(I) to support review and evaluation by modity flow studies, mapping, and access ‘‘(iv) the Committee on Homeland Security Agency Offices of the Bureau of Indian Af- platforms for local emergency responders of the House of Representatives; fairs and Indian tribes of—

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.052 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S364 CONGRESSIONAL RECORD — SENATE January 21, 2015 ‘‘(aa) energy proposals, permits, mineral ‘‘(VIII) the Office of Surface Mining, in- any other fees related to energy development leases, and rights-of-way; and cluding mining engineering and minerals re- on Indian land— ‘‘(bb) Mineral Agreements entered into alty specialists; and ‘‘(i) shall, beginning on the date the Office under section 3 of the Indian Mineral Devel- ‘‘(IX) any other agency or office of the De- is opened, be transferred to the budget of the opment Act of 1982 (25 U.S.C. 2102) for final partment of the Interior involved in energy Office; and approval; and development on Indian land. ‘‘(ii) may be used to advance or fulfill any ‘‘(II) to conduct environmental reviews and ‘‘(ii) FUNCTIONS.—Staff and resources of the stated duties and purposes of the Of- surface monitoring for the activities de- transferred under clause (i) shall provide fice. scribed in items (aa) and (bb) of subclause for— ‘‘(K) REPORT.—The Office shall— (I); ‘‘(I) review, processing, and approval of ‘‘(i) keep detailed records documenting the ‘‘(iii) to review and prepare Applications permits and regulatory matters under— activities of the Office; and for Permits to Drill, communitization agree- ‘‘(aa) the Act of February 5, 1948 (com- ‘‘(ii) annually submit to Congress a report ments, and well spacing proposals for ap- monly known as the ‘Indian Right-of-Way detailing— proval; Act’) (25 U.S.C. 323 et seq.); ‘‘(I) the number and type of Federal ap- ‘‘(iv) to provide production monitoring, in- ‘‘(bb) the Act of May 11, 1938 (commonly provals granted; spection, and enforcement; known as the ‘Indian Mineral Leasing Act of ‘‘(II) the time taken to process each type of ‘‘(v) to oversee drainage issues; 1938’) (25 U.S.C. 396a et seq.); ‘‘(vi) to provide energy-related technical ‘‘(cc) the first section of the Act of August application; assistance and financial management train- 9, 1955 (25 U.S.C. 415); ‘‘(III) the need for additional similar of- ing to Agency Offices of the Bureau of Indian ‘‘(dd) the Indian Mineral Development Act fices to be located in other regions; and Affairs and Indian tribes; of 1982 (25 U.S.C. 2101 et seq.); ‘‘(IV) proposed changes in existing law to ‘‘(vii) to develop best practices in the area ‘‘(ee) this title; facilitate the development of energy re- of Indian energy development, including ‘‘(ff) the Surface Mining Control and Rec- sources on Indian land and improve over- standardizing energy development processes, lamation Act of 1977 (30 U.S.C. 1201 et seq.); sight of energy development on Indian land. procedures, and forms among Agency and ‘‘(gg) part 162 of title 25, Code of Federal ‘‘(L) COORDINATION WITH ADDITIONAL FED- Regional Offices of the Bureau of Indian Af- Regulations (relating to leases and permits) ERAL AGENCIES.—Not later than 1 year after fairs; (or successor regulations); and establishing the Office, the Secretary shall ‘‘(viii) to minimize delays and obstacles to ‘‘(hh) part 169 of title 25, Code of Federal enter into a memorandum of understanding Indian energy development; and Regulations (relating to rights-of-way over to coordinate and streamline energy-related ‘‘(ix) to provide technical assistance to In- Indian lands) (or successor regulations); and permits with— dian tribes in the areas of energy-related en- ‘‘(II) consultations and preparation of bio- ‘‘(i) the Administrator of the Environ- gineering, environmental analysis, manage- logical opinions under section 7 of the En- mental Protection Agency; ment, and oversight of energy development, dangered Species Act of 1973 (16 U.S.C. 1536); ‘‘(ii) the Assistant Secretary of the Army assessment of energy development resources, ‘‘(III) preparation of environmental impact for Civil Works; and proposals and financing, and development of statements or similar analyses required ‘‘(iii) the Secretary of Agriculture.’’. conventional and renewable energy re- under the National Environmental Policy sources. Act of 1969 (42 U.S.C. 4321 et seq.); and ‘‘(E) RELATIONSHIP TO BUREAU OF INDIAN AF- ‘‘(IV) technical assistance and training for SA 98. Ms. MURKOWSKI submitted FAIRS REGIONAL AND AGENCY OFFICES.— various forms of energy development on In- an amendment to be proposed by her to ‘‘(i) IN GENERAL.—The Office shall have the dian land. authority to review and approve all energy- ‘‘(G) MANAGEMENT OF INDIAN LAND.—The the bill S.1, supra; which was ordered related matters for Indian tribes that select Director shall ensure that— to lie on the table, as follows: to use the Office under subparagraph (D), ‘‘(i) all environmental reviews and permit- without subsequent or duplicative review ting decisions— At the appropriate place, insert the fol- and approval by other Agency or Regional ‘‘(I) comply with the unique legal relation- lowing: Offices of the Bureau of Indian Affairs or ship between the United States and Indian SEC. lll. SENSE OF CONGRESS. other agencies of the Department of the In- tribal governments (as set forth in the Con- terior. stitution of the United States, treaties, stat- It is the sense of Congress that— ‘‘(ii) NON-ENERGY RELATED MATTERS.— utes, Executive orders, and court decisions); (1) President Obama has committed Nothing in this paragraph affects the author- and $3,000,000,000 from the United States to the ity or duty of Regional Offices of the Bureau ‘‘(II) are exercised in a manner that pro- Green Climate Fund of the United Nations of Indian Affairs to oversee, support, and motes tribal authority over Indian land, con- Framework Convention on Climate Change; provide approvals for non-energy related sistent with the policy of the Federal Gov- (2) any payments the United States ulti- matters. ernment supporting Indian self-determina- mately makes to the Green Climate Fund ‘‘(iii) REGIONAL AND LOCAL SERVICES.— tion; and will be redistributed to finance adaptation Nothing in this paragraph affects the author- ‘‘(ii) Indian land shall not be— and mitigation efforts in developing coun- ity or duty of Agency Offices of the Bureau ‘‘(I) considered to be Federal public land or tries that are parties to the Convention; of Indian Affairs and State and Field Offices part of the public domain; or (3) none of the eligible developing country of the Bureau of Land Management to pro- ‘‘(II) be managed in accordance with Fed- parties to the Convention is an Arctic na- vide regional and local services related to In- eral public land laws and policies. tion; dian energy development, including local re- ‘‘(H) INDIAN SELF-DETERMINATION.—Pro- (4) the residents of the Arctic, many of alty functions, on-site evaluations and in- grams and services operated by the Office whom represent vibrant indigenous and tra- spections, direct services as requested by In- shall be provided pursuant to contracts and ditional cultures, too often face social and dian tribes and individual Indians, and any grants awarded under the Indian Self-Deter- economic challenges that rival those in de- other local functions related to energy devel- mination and Education Assistance Act (25 opment on Indian land. U.S.C. 450 et seq.). veloping countries; (5) despite the fact that the United States ‘‘(iv) TECHNICAL ASSISTANCE.—The Office ‘‘(I) TRANSFER OF FUNDS.— shall provide technical assistance and sup- ‘‘(i) IN GENERAL.—To fund the Office for a is an Arctic nation, President Obama has port to the Bureau of Indian Affairs and the period not to exceed 2 years, the Secretary made no similar effort to provide financial Bureau of Land Management in all areas re- shall transfer such funds as are necessary assistance to the residents of the United lated to energy development on Indian land. from the annual budgets of— States Arctic region, even though many of ‘‘(F) DESIGNATION OF INTERIOR STAFF.— ‘‘(I) the Bureau of Indian Affairs; those communities have opportunities for ‘‘(i) IN GENERAL.—The Secretary shall des- ‘‘(II) the United States Fish and Wildlife adaptation projects; ignate and transfer to the Office existing Service; (6) similar opportunities for adaptation staff and resources from— ‘‘(III) the Bureau Land Management; projects exist across rural communities in ‘‘(I) the Division of Energy and Mineral De- ‘‘(IV) the Office of Surface Mining; the United States; velopment of the Office of Indian Energy and ‘‘(V) the Office of Natural Resources Rev- (7) the United States should prioritize ad- Economic Development and other applicable enue; and aptation projects in the United States Arctic offices of the Bureau of Indian Affairs; ‘‘(VI) the Office of Mineral Valuation. region and rural communities before allo- ‘‘(II) the Bureau of Land Management; ‘‘(ii) BASE BUDGET.—At the end of the pe- cating any taxpayer dollars to the Green Cli- ‘‘(III) the Office of Valuation Services; riod described in clause (i), the combined mate Fund; and ‘‘(IV) the Office of Natural Resources Rev- total of the funds transferred under that (8) to the extent that Congress appro- enue; clause shall serve as the base budget for the priates any taxpayer dollars for adaptation, ‘‘(V) the United States Fish and Wildlife Office. those funds should first be applied to known Service; ‘‘(J) APPROPRIATIONS OFFSET.—All fees gen- and anticipated adaptation needs of commu- ‘‘(VI) the Office of Special Trustee; erated from Applications for Permits to ‘‘(VII) the Office of the Solicitor; Drill, inspection, nonproducing acreage, or nities within the United States.

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.054 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — SENATE S365 AUTHORITY FOR COMMITTEES TO in room SR–418 of the Russell Senate creating what one newspaper in Ken- MEET Office Building. tucky called a ‘‘tsunami of slime.’’ Well, 5 years on and the evidence is COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without in. The evidence is in our elections, Ms. MURKOWSKI. Mr. President, I objection, it is so ordered. where this dam burst of outside cash ask unanimous consent that the Com- f that has wiped out previous campaign mittee on Armed Services be author- ORDERS FOR THURSDAY, spending records, and the evidence is in ized to meet during the session of the JANUARY 22, 2015 this Chamber, where we once had a Senate on January 21, 2015, at 9:30 a.m. thriving bipartisan conversation on cli- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without mate change, and instead of that we objection, it is so ordered. ask unanimous consent that when the Senate completes its business today, it have now been reduced to this Key- COMMITTEE ON COMMERCE, SCIENCE, AND stone XL Pipeline bill—a show of force adjourn until 9:30 a.m. tomorrow, Jan- TRANSPORTATION from the fossil fuel industry and vir- uary 22; that following the prayer and Ms. MURKOWSKI. Mr. President, I tual silence from the other side of the pledge, the morning hour be deemed ask unanimous consent that the Com- aisle on climate change. mittee on Commerce, Science, and expired, the Journal of proceedings be I will say that today marked an un- Transportation be authorized to meet approved to date, and the time for the usually bright spot in that darkness during the session of the Senate on two leaders be reserved for their use when 98 out of 99 Senators voting voted January 21, 2015, at 2:30 p.m. in room later in the day; I further ask that the that climate change was real and not a SR–253 of the Russell Senate Office Senate then be in a period of morning hoax and when we came so close to an Building to conduct a hearing entitled, business for up to 1 hour with Senators amendment that stated that climate ‘‘Protecting the Internet and Con- permitted to speak therein for up to 10 change was real and caused by human sumers through Congressional Action.’’ minutes each, with the Democrats con- activity that the sponsor of the amend- The PRESIDING OFFICER. Without trolling the first half and the Repub- ment had to vote against his own objection, it is so ordered. licans controlling the final half; and amendment in order to keep the num- COMMITTEE ON ENVIRONMENT AND PUBLIC that following morning business, the ber under 60 because there were enough WORKS Senate then resume consideration of S. votes at one stage in the vote count for Ms. MURKOWSKI. Mr. President, I 1. that bill to have passed even the fili- ask unanimous consent that the Com- The PRESIDING OFFICER. Without buster threshold. So that made it an mittee on Environment and Public objection, it is so ordered. interesting day today. But normally we Works be authorized to meet during f are in blockade. the session of the Senate on January The purpose of the effort that we 21, 2015, at 10:30 a.m. in room SD–406 of PROGRAM have been on has been to fast-track the the Dirksen Senate Office Building. Mr. MCCONNELL. We were able to Keystone XL Pipeline—a tar sands The PRESIDING OFFICER. Without process several amendments to the pipeline that may, at the present oil objection, it is so ordered. Keystone bill today, and there are now price, be an economic zombie, basically COMMITTEE ON FOREIGN RELATIONS seven more in the queue and pending. a dead pipeline walking. Ms. MURKOWSKI. Mr. President, I Senators should expect votes related to Canadian authorities say that the tar ask unanimous consent that the Com- amendments to this bill throughout sands can’t be extracted profitably at mittee on Foreign Relations be author- the day tomorrow. under $85 a barrel. The report from the State Department said that the break ized to meet during the session of the f Senate on January 21, 2015, at 9:30 a.m., price where they could take it out by to conduct a hearing entitled ‘‘Iran Nu- ORDER FOR ADJOURNMENT train as an alternative to the pipeline clear Negotiations: Status of Talks and Mr. MCCONNELL. If there is no fur- was at $75 per barrel, and the price the Role of Congress.’’ ther business to come before the Sen- today is around $50 per barrel. So we The PRESIDING OFFICER. Without ate, I ask unanimous consent that it really don’t know whether this pipeline objection, it is so ordered. stand adjourned under the previous has an economic future. What we do know is that if it were to operate, it COMMITTEE ON HEALTH, EDUCATION, LABOR, order, following the remarks of Sen- AND PENSIONS ator WHITEHOUSE for up to 15 minutes. would pass enough tar sands through it Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Without to unleash additional carbon pollution ask unanimous consent that the Com- objection, it is so ordered. equal to 6 million added cars on the road each year for 50 years. mittee on Health, Education, Labor, Mr. MCCONNELL. I suggest the ab- If we take a look at this conversation and Pensions be authorized to meet sence of a quorum. here, other than the votes we forced during the session of the Senate on The PRESIDING OFFICER. The today, the effect of Citizens United on January 21, 2015, at 9:30 a.m., in room clerk will call the roll. our politics is pretty plain to see. Citi- SD–430 of the Dirksen Senate Office The assistant legislative clerk pro- zens United has not expanded debate in Building, to conduct a hearing entitled ceeded to call the roll. the Senate; it has crushed debate in ‘‘Fixing No Child Left Behind: Testing Mr. WHITEHOUSE. Mr. President, I the Senate. Why? Because since the Su- and Accountability.’’ ask unanimous consent that the order preme Court’s decision in Citizens The PRESIDING OFFICER. Without for the quorum call be rescinded. United, the big fossil fuel polluters and objection, it is so ordered. The PRESIDING OFFICER. Without their network of associated interests COMMITTEE ON THE JUDICIARY objection, it is so ordered. have become among the biggest spend- Ms. MURKOWSKI. Mr. President, I f ers—relying heavily, by the way, on ask unanimous consent that the Com- CLIMATE CHANGE undisclosed, untraceable dark money. mittee on the Judiciary be authorized According to the Center for Amer- to meet during the session of the Sen- Mr. WHITEHOUSE. Mr. President, ican Progress, oil, gas, and coal compa- ate, on January 21, 2015, at 2:30 p.m., in this week marks a somewhat dark nies and electric utilities alone re- room SD–226 of the Dirksen Senate Of- milestone, which is the 5-year anniver- ported spending more than $84 million fice Building, to conduct a hearing en- sary of the Supreme Court’s, in my on the 2014 elections. And that is just titled ‘‘Nominations.’’ view, reprehensible decision in Citizens what they reported. The industry’s un- The PRESIDING OFFICER. Without United v. Federal Election Commis- disclosed spending in that election objection, it is so ordered. sion. This was some fete of activism by through groups not required to disclose COMMITTEE ON VETERANS’ AFFAIRS the conservative bloc of the Supreme their donors or on so-called issue ads Ms. MURKOWSKI. Mr. President, I Court. It overturned the laws of Con- that don’t need to be disclosed—the ask unanimous consent that the Com- gress, it overturned the will of the total is estimated to be in the hundreds mittee on Veterans’ Affairs be author- American people, and it gave wildly of millions of dollars. Well, money ized to meet during the session of the outside influence over our elections to talks, and in politics it talks plenty Senate on January 21, 2015, at 10 a.m., corporations and big-money interests, loud, and $100 million has a lot to say.

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.058 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S366 CONGRESSIONAL RECORD — SENATE January 21, 2015 One example is Americans for Pros- threaten or promise to do, and we in in our democracy. Instead it allowed perity—a Koch brothers’ venture—dis- the public will never see those back- wealthy special interests to suppress closed election spending of $6.4 million room corporate threats and promises and silence real debate. to the FEC for last year’s midterm or the deals that result. The candidate So I have filed an amendment to the elections, but that group’s own offi- will know, the special interests will Keystone bill to see what corporate in- cials have boasted that the real num- know, but the public will be the ones fluence pervades this effort. My amend- ber is as much as $130 million—$130 left in the dark. ment would require any company that million in just one election by just one Some lobby groups are a little bolder. stands to make over $1 billion from the group. It is that kind of extravagant The Koch-backed Americans for Pros- pipeline or from the development of spending which has bought the Koch perity openly promised to wipe out the tar sands to disclose its campaign brothers a vast political network, with candidates who support curbs on car- spending over $10,000 from the last elec- employees in critical States, with bon pollution. The group’s president tion cycle and going forward. The pub- voter bases tied into our consumer said if the Republicans support a car- lic needs to be able to connect the dots. data, with advertising and media-buy- bon tax or climate regulations, they I am also reintroducing the general ing specialists. Indeed, that sophisti- would ‘‘be at a severe disadvantage in disclosure act, called the DISCLOSE cated Koch brothers electioneering ca- the Republican nomination process. Act, to require all groups spending on pacity has now been reported in the . . . We would absolutely make that a elections to report their large expendi- general media to rival or exceed that of crucial issue.’’ tures and their high-dollar donors. The the Republican National Committee. The threat is plain. Step out of line Supreme Court has said we cannot Think about that. A few very wealthy and here come the attack ads and the keep corporate interests from meddling primary challengers—all funded by the individuals in the fossil fuel business— in our popular elections. They are peo- deep pockets of the fossil fuel industry, huge polluters—are now such big play- ple, too, now. So now that the corpora- enabled by Citizens United and largely ers in our politics that they rival our tions are people, too, let’s at least protected from disclosure, so the public national parties. It is small wonder show the voters who it is who is trying cannot see what is going on. that it is hard to have an honest con- to sway their votes. It is a pretty sim- versation about carbon pollution in the The effect of Citizens United has been particularly clear in the Senate. There ple idea. It is what the Supreme Court Senate. Justices themselves prescribed, and it Most of it is hidden. The Washington once was an active heartbeat of Repub- is an idea that Republicans over and Post has reported that at least 31 per- lican activity on climate change. Sen- over and over have supported in the cent of all independent spending in the ator MCCAIN ran for President on an past. 2014 elections—which were, by the way, active, robust program of addressing the most expensive midterm elections climate change. Senator COLLINS did a The fact we must face in the Senate in American history. At least 31 per- bipartisan bill on climate change. Sen- is that polluter money has polluted our cent of that was spent by groups not ator KIRK voted in the House for the democracy, just as their carbon pollu- required to disclose their donors. The Waxman-Markey cap-and-trade bill. tion has polluted our atmosphere and Washington Post also noted that the 31 Senator FLAKE wrote articles sup- oceans. So it is time to disclose. On cli- percent doesn’t even include those porting a carbon fee as long as the mate change where we have an over- issue ads. They are also not disclosed. taxes were reduced elsewhere to offset whelming scientific consensus, where So we don’t know fully how bad the in- the increased revenue from the carbon we have the American people, majori- fluence of the fossil fuel polluters is, fee and on and on. My first exposure to ties of Democrats and Republicans, but we sure know it is bad. this was the Warner-Lieberman bill supporting strong congressional action Interestingly, the same Supreme and the Warner was Republican Sen- on climate, where we have American Court that decided Citizens United as a ator John Warner. businesses small and large that see the part of that decision decided by a mar- That has been a while. Since 2010, the folly of ignoring the looming risk, and gin of 8 to 1 that disclosure of outside year Citizens United was decided, this where we have the national security spending was necessary and appro- honest debate about how we address community, our Armed Forces actively priate. The majority said this, and I this problem for the benefit of the preparing to face the threat climate will quote the decision: American people has flat-lined. Since change poses to American safety and Prompt disclosure of expenditures can pro- 2010 the climate evidence has only be- international stability—here, by the vide shareholders and citizens with the infor- come stronger. NASA and NOAA just way, just as an example, is the Depart- mation needed to hold corporations and officially declared 2014 the hottest year ment of the Army’s high-level climate elected officials accountable . . . ever recorded—ever—easily breaking change vulnerability assessment. I These intervening 5 years have seen a the previous records, the agencies say. don’t think they are kidding us and I concerted effort to prevent and frus- But as the climate alarm bells grow don’t think they are part of a hoax. trate disclosure. Dark money spending louder, as the Earth sends her signals Mr. President, I thank you for your by so-called independent groups with to us through our scientists’ measure- patience this evening and I will con- no disclosure requirements has more ments about what has happened to the clude with the remark that I ordinarily than doubled since 2010. oceans, measuring the acidification of conclude these speeches with: It is time Ludicrous factfinding by the Court’s the oceans, about what is happening in to wake up. five conservative activists concluded our atmosphere, measuring the carbon I yield the floor. that corporate spending could not ever concentrations in the atmosphere—as corrupt elections. It is laughable on its all that information has advanced, f face, but that laughable conclusion there has been just silence in this also overlooks a very clear fact: limit- building since then. Instead of talking less, untraceable political money about what carbon pollution is doing to ADJOURNMENT UNTIL 9:30 A.M. doesn’t even have to be spent to cor- our atmosphere and oceans, instead, TOMORROW rupt our democracy. It can corrupt No. 1, the first agenda of the new ma- The PRESIDING OFFICER. The Sen- through the threat of spending or jority: We are talking about letting ate stands adjourned until 9:30 a.m. to- through the promise of spending. What polluters pump more tar sands crude, morrow. Citizens United gave corporations and one of the most toxic fossil fuels on the Thereupon, the Senate, at 6:58 p.m., their political instruments the power planet, out onto the global market. adjourned until Thursday, January 22, to do, it also gave them the power to Citizens United did not enhance speech 2015, at 9:30 a.m.

VerDate Sep 11 2014 05:01 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.074 S21JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E87 EXTENSIONS OF REMARKS

CONGRATULATING MS. KATIA with area police chiefs to establish one of the CRAIG BIGGIO STEINBECK FOR BECOMING KRCG largest and most successful violent crime task 13 AND MISSOURI RETIRED forces in the nation. In 2003, Chief HON. TED POE TEACHERS ASSOCIATION EXCEL- Shaughnessy was selected from over 60 OF TEXAS LENT EDUCATOR FOR 2014 qualified candidates to lead the Lemont Police IN THE HOUSE OF REPRESENTATIVES Department. Wednesday, January 21, 2015 As chief, Kevin Shaughnessy has overseen HON. BLAINE LUETKEMEYER Mr. POE of Texas. Mr. Speaker, the recent OF MISSOURI various programs offered to Lemont residents including Neighborhood Watch, 911 Emer- announcement of Houston Astros legend IN THE HOUSE OF REPRESENTATIVES gency Cell Phones, Prescription and OTC Craig Biggio’s entrance into the Baseball Hall Wednesday, January 21, 2015 Drug Disposal, and his personal favorite— of Fame is an achievement long in the mak- Mr. LUETKEMEYER. Mr. Speaker, I rise Kops n Kidz Day. Chief Shaughnessy is com- ing. In his franchise record 20 seasons with today to congratulate Ms. Katia Steinbeck for mitted to the concept of community policing the Houston Astros organization, Biggio was winning the KRCG 13 and Missouri Retired and he considers the citizens served as part- loved by fans for his work on and off the field. Teachers Association Excellent Educator ners in providing meaningful police service. On the field, Biggio holds Houston Astros Award for 2014. Friends and colleagues of Chief franchise records in games played, at-bats, Ms. Steinbeck is a 3rd grade teacher at St. Shaughnessy say that he is a great mentor runs scored, hits, doubles, and extra base Elizabeth Elementary School, which is located and friend, and someone who can be de- hits. Biggio has played in seven all-star in my hometown of St. Elizabeth, MO. She pended on. I know this also from my experi- games, won five Silver Sluggers awards, and won the Excellent Educator Award for the ences with the chief since I have served as four Gold Gloves. However, off the field is where Biggio has month of March earlier in 2014, and then pro- Lemont’s representative in the House. He is a really shined. He’s a supporter of the Sun- ceeded to receive the Excellent Educator true example of a leader and has brought sta- shine Kids Foundation, an organization dedi- Award Teacher of the Year for 2014 in May of bility to the Lemont Police Department. I know cated to providing positive group activities and last year. that Chief Shaughnessy will truly be missed Providing a quality education for the nation’s for he has greatly contributed to the depart- emotional support for kids receiving cancer youth is a top priority of mine, and I commend ment. treatment. In 2007, Biggio received the Ro- educators like Ms. Steinbeck who take steps Mr. Speaker, I ask my colleagues to join me berto Clemente award for best exemplifying to enhance the classroom experience for their in thanking Chief Kevin Shaughnessy for his the game of baseball, sportsmanship, commu- students, and recognize the amount of per- many years of service to his community and nity involvement, and individual contribution to sonal time all teachers spend to create a bet- wish him the best in his future endeavors. his team. A dedicated family man, Biggio has been married to his wife, Patty, for 22 years. ter learning environment for our nation’s f schoolchildren. Outside of the home, our He also has two sons, Conor and Cavan, and teachers have the most impact on our chil- HONORING CHIEF WARRANT a daughter, Quinn. Biggio is currently a base- dren’s development. By supporting our OFFICER DANIEL FRIESON ball coach at St. Thomas High School in schools, and most importantly our teachers, Houston and has led the Eagles to back-to- both at home and in Washington, we come HON. THOMAS MacARTHUR back TAPPS 5A State Championships. His achievements speak for themselves. I’m closer to ensuring that our children are pre- OF NEW JERSEY proud to have known him and proud to be pared for the future. IN THE HOUSE OF REPRESENTATIVES able to call him a fellow Houstonian. Ms. Steinbeck’s dedication and commitment Wednesday, January 21, 2015 And that’s just the way it is. to the students of the St. Elizabeth community is exemplary, and I applaud Ms. Steinbeck for Mr. MACARTHUR. Mr. Speaker, I rise today f her outstanding success thus far in the field of to honor Navy veteran Daniel Frieson of New RECOGNIZING ROTARY teaching. Jersey’s Third Congressional District, who INTERNATIONAL In closing, Mr. Speaker, I ask all my col- passed away this week, and express my leagues to join me in congratulating Katia deepest condolences to his family and friends. HON. DANIEL WEBSTER Chief Warrant Officer Frieson served our Steinbeck for a job well done. OF FLORIDA country for twenty-two years as a member of f IN THE HOUSE OF REPRESENTATIVES the United States Navy, and rose to the rank HONORING LEMONT POLICE CHIEF of Chief Warrant Officer 3 upon his retirement. Wednesday, January 21, 2015 KEVIN SHAUGHNESSY He was stationed aboard the USS Pennsyl- Mr. WEBSTER of Florida. Mr. Speaker, I am vania during the attack on Pearl Harbor on honored to recognize Rotary International, one HON. DANIEL LIPINSKI December 7, 1941. At the time of his death, of the world’s largest non-profit humanitarian OF ILLINOIS CWO Frieson was among the last surviving service organizations, for its 110 years of IN THE HOUSE OF REPRESENTATIVES Pearl Harbor veterans in New Jersey. service. The Rotary motto, ‘‘Service Above CWO Frieson went on to serve aboard the Self,’’ inspires members to serve their commu- Wednesday, January 21, 2015 USS Burke, and ashore at the Philadelphia nities, maintain high ethical standards and pro- Mr. LIPINSKI. Mr. Speaker, I rise today to Naval Shipyard and Naval Air Engineering mote goodwill and peace. Rotary clubs are ac- honor Lemont Police Chief Kevin Station Lakehurst. tive in meeting the needs of their local com- Shaughnessy who is retiring from the force After his retirement he settled in Marlton, munities, using funds and volunteer members after 11 years as Chief of Police. New Jersey and became an active member of to provide medical supplies, clean water, food, Chief Shaughnessy received his Bachelor’s the community. CWO Frieson will be remem- job training and education to millions in need. Degree in criminal justice from Arizona State bered for his involvement in his local church In 1985, Rotary launched PolioPlus in part- University and his Master’s Degree in criminal and as a Commander of VFW Medford Post nership with the World Health Organization, justice from Chicago State University. His first No. 7677. U.S. Center for Disease Control and UNICEF position in law enforcement was with the Illi- Mr. Speaker, South Jersey is tremendously with the goal of immunizing children across nois State Police and he served with that force grateful for Chief Warrant Officer Daniel the globe against polio. The campaign has for 25 years. During this time Chief Frieson’s service to our nation. It is my honor been tremendously successful; polio cases Shaughnessy was selected to be Commander to recognize his service and achievements be- have decreased by 99 percent since 1988, of the South Suburban Major Crimes Task fore the United States House of Representa- and the world stands on the threshold of Force. With this position, he worked closely tives. eradicating the disease.

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

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JA8.001 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS E88 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2015 It is my pleasure to recognize the Rotary after 35 years in service to our nation, state, keting Officer at the Economic Development clubs of Central Florida as they prepare for and the County of Riverside, California. While Agency. After 6 years as Vice President of ‘‘Light Up Rotary to End Polio Now’’ on March serving the County of Riverside Tom has Government Affairs and Marketing with WMI, 13–14, 2015, with Rotary International Presi- served as the Commissioner of Foreign Trade, the world’s largest environmental service pro- dent Gary C. K. Huang. I am grateful to the Commissioner of Defense and Military Serv- vider, Tom returned to serve as Chief of Staff Rotarians of Central Florida for their service ices, Commissioner of the Office of Film and for his mentor and friend, the late County Su- and dedication to strengthening our commu- Television, Chief of Staff, Board of Super- pervisor Roy Wilson. Tom served with distinc- nity. visors, 4th district, Executive Officer for the tion as Chief of Staff and accepted a pro- f Sheriff’s Department, Chief Public Information motion as Executive Officer for Riverside Officer and Emergency Services Coordinator County Sheriff Larry Smith. He excelled in this TRIBUTE TO SISTER ANN KEEFE for the CDF-County Fire, and first Chairman of position and received awards for his work from the Workforce Development Board. His ex- the Secret Service, FBI, The International As- HON. DAVID N. CICILLINE traordinary service with the County of River- sociation of Chiefs of Police, State Attorney OF RHODE ISLAND side in key posts has been of great benefit to General, and United States Army. He was the IN THE HOUSE OF REPRESENTATIVES the county and its 2.3 million residents. Agency Representative to the Ford Family Wednesday, January 21, 2015 Tom began serving his nation in the United during the Funeral & Repose of the 38th Mr. CICILLINE. Mr. Speaker, I rise today to States Air Force in 1979, enlisting during the President of the United States. After serving recognize Sister Ann Keefe, who passed away Iranian Hostage Crisis and later served in the the Sheriff’s Department with distinction he re- on Sunday, January 18, 2015 after a long and Inaugural Honor Guard of President Ronald turned to the Economic Development Agency courageous battle against cancer. Reagan, The Homecoming Honor Guard for as Commissioner of the Office of Foreign In 1982 Sister Ann joined the ministry at St. the Iranian Hostages, and the Funeral and Trade, spokesman, and custodian of records. Michaels Church in Providence and began her Repose of General of the Army Omar Bradley. Tom has decided to retire at the age of 55 life long fight for those who had no voice and In 1981, Tom was selected for Marine Corps and spend time with his wife, Brenda Salas those particularly vulnerable and marginalized. and Naval Parachutist Training, which he com- Freeman, enjoy their grandson Robert III, and Recognizing the challenges that faced our pleted, earning the prestigious Paratrooper enjoy time with sons Joel, Robert II, and city and Rhode Island, Sister Ann took action Badge. He went on to complete Instructor daughter in-law Lindsay. His career as the to help the poor, empower workers, advocate School and receive his Air Training Command Foreign Trade Commissioner was remarkable, non-violence and promote justice for all. Over Instructor Badge. He then served the House crafting three bilateral trade agreements with thirty years of service to our community, she and Senate, teaching selected members of the Canada, Japan, and Croatia, and helping take cofounded the Institute for the Study and Armed Services Committee escape, evasion, Riverside County Exports from 47th in the na- Practice of Nonviolence, which is credited with survival, and parachute training at nearby An- tion to 24th in the nation. He also served with helping to sharply cut the city’s murder rate. drews Air Force Base. Later in 1984, then the National Association of Counties, achiev- She started Providence ¡CityArts! to help at- Staff Sargent-Select Freeman, was honored ing the post of Vice Chairman of the Inter- risk youth. And, she was involved in creating by the U.S. Senate, having his enlistment oath national Task Force on Economic Develop- nearly two dozen other organizations that con- administered by the late Senator Quentin S. ment, supporting global trade agreements in tinue to create opportunity for so many. Burdick on in the Senate Chamber, thus be- South Korea, the EU, and pacific rim, and I had the extraordinary honor of working coming the first member of the active duty helping businesses create jobs through the with Sister Ann over many years and treas- armed forces to have his enlistment oath ad- Great Recession. Tom was frequently con- ured our friendship. As Mayor, I was espe- ministered on the Senate Floor by a seated sulted by elected leaders in the state and na- cially proud to work with Sister Ann to support member of the Senate of the United States. tion’s capital to discuss trade issues and Mili- the Institute for the Study and Practice of Non- Tom returned to his native California with tary & Defense programs and policies. In addi- violence to make Providence safe for kids and assignment to the Undergraduate Navigator tion to these accomplishments, Colonel Tom future generations of young Rhode Islanders. Instructor School, United States Air Force, Freeman retired in November 2007, 28 years During this time, I witnessed her leadership Mather Air Force Base and served as the Non after enlisting in the United States Air Force, skills, dedication and profound commitment to Commissioned Officer In Charge of Training from the Military Department of the State of the youth of our city. Last year, even though for future Air Force Navigators. He excelled in California and is the recipient of the Distin- she was battling cancer, Sister Ann was still this assignment and was named Non Commis- guished Service Medal-Order of California fighting for those without a voice and helped sioned Officer of the Year. Later he was hon- Medal by the Governor and our Adjutant Gen- my office secure Saint Michaels Church as the orably discharged and joined the Military De- eral. Freeman also chaired numerous chari- location for a comprehensive immigration re- partment, State of California and was called to table boards and organizations including the form rally and attended the event to show her Active Duty again thru 1990. While serving on United Way, Breath of Life, Junior Diabetes support. There are so many examples of when active duty with the State of California he was Foundation, and served as Treasurer of the she would connect those in need with those again named Non Commissioned Officer of John F. Kennedy Foundation 7 Law Enforce- that could help. the Year, this time for the entire state, and he ment Appreciation Committee in the City of She was a remarkable and strong woman was also honored as Non Commissioned Offi- Riverside, raising millions for charity. He is the who served as an inspiration for all of us and cer of the Year by the Air Force Association recipient of the Jefferson Award for Public she leaves behind a great legacy. Her passing and the Air Force Sargent’s Association. He Service presented by the 38th President of the is a tremendous loss for Rhode Island, but her was also honored by the National Guard Bu- United States of America. presence will continue to be felt in the commu- reau, here in Washington, D.C., two years in Mr. Speaker, Tom’s talent and leadership nity through the many organizations she a row with the Rookie Recruiter of the Year exemplify the very best of Riverside County helped found and run, and the positive impact Award and Recruiter of the Year Award the and my state. Our nation, state, and county she has had on so many. following year. During this same period of time are a better place because of the efforts of My thoughts and prayers are with her family Tom received a Commendation Medal for ren- Commissioner Freeman and his devotion to and loved ones. Rest in peace, Sister Ann. dering lifesaving first aid to an injured motorist. duty and commitment to serve the people. I f Other awards received include four more com- congratulate Commissioner Freeman on his 35 years of service to our nation, state, and HONORING COMMISSIONER TOM mendation medals, an achievement medal, meritorious service medal, and the Air Force County of Riverside and wish him well in re- FREEMAN FOR HIS SERVICE TO tirement and all future endeavors. OUR NATION, THE STATE OF Recognition Ribbon, amongst many others. CALIFORNIA, AND RIVERSIDE On January 10, 1990 Tom began his serv- f COUNTY ice with the County of Riverside-CDF, Office PEARLAND LEGACY CONTINUES of Emergency Services. Over his almost 5 years in this post he responded to major HON. RAUL RUIZ quakes, floods, and fires earning three awards HON. PETE OLSON OF CALIFORNIA OF TEXAS from the Governor of California for his service IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and Emergency Manager of the Year honors Wednesday, January 21, 2015 from the City of Indian Wells, Rancho Mirage, Wednesday, January 21, 2015 Mr. RUIZ. Mr. Speaker, I rise today to honor and Palm Desert. Later he was promoted to Mr. OLSON. Mr. Speaker, I rise today to Commissioner Tom Freeman as he’s retiring the post of Legislative, Information, and Mar- congratulate high school student Brooke

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JA8.005 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS January 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E89 Botkin for being named to the Texas Sports HONORING THE MOORPARK tegrity. He raised a great son who has be- Writers Association (TSWA) first team and the CHAMBER OF COMMERCE come a valued leader in our state. 2014 Texas Girls Coaches Association I am very grateful for the friendship that I (TGCA) Class 6A all-state volleyball teams. HON. JULIA BROWNLEY share with Michael and his wife Sherri. Today, Brooke is a sophomore at Pearland High OF CALIFORNIA it is my privilege to honor the life of Michael’s School in Pearland, Texas. These honors rec- IN THE HOUSE OF REPRESENTATIVES father, James E. Crider. ognize her hard work and outstanding athletic Wednesday, January 21, 2015 achievements. f Ms. BROWNLEY of California. Mr. Speaker, The TSWA and TGCA selected Brooke for I rise today to recognize the Moorpark Cham- OUR UNCONSCIONABLE NATIONAL her skill and sportsmanship, which have made ber of Commerce’s 100th anniversary. I com- DEBT her a top prospect for collegiate volleyball pro- mend the Moorpark Chamber for their dedica- grams. Her dedication to the sport ensures her tion and leadership in promoting a business place in an elite class of competitors and con- friendly community and strengthening the eco- HON. MIKE COFFMAN tinues Pearland’s legacy of producing some of nomic environment in Moorpark that contrib- OF COLORADO the nation’s best student athletes. utes to Ventura County’s diverse and dynamic IN THE HOUSE OF REPRESENTATIVES economy. On behalf of the residents of the Twenty- The Moorpark Chamber of Commerce was Wednesday, January 21, 2015 Second Congressional District of Texas, con- established in 1915 surrounded by a pastoral gratulations again to Brooke Botkin for being Mr. COFFMAN. Mr. Speaker, on January community and chartered in 1950. The suc- 20, 2009, the day President Obama took of- selected as a first team athlete on the TSWA cess of the Chamber is mirrored in the suc- and TGCA Class 6A all-state volleyball teams. fice, the national debt was cess of the City of Moorpark, a product of de- $10,626,877,048,913.08. We look forward to her continued success termined citizens coming together to accom- both on and off the court. plish a common goal, and creating a better Today, it is $18,080,794,842,225.47. We’ve way of life for residents. added $7,453,917,793,312.39 to our debt in 5 f The service that the Moorpark Chamber has years. This is over $7.4 trillion in debt our na- provided for the City of Moorpark has been in- tion, our economy, and our children could CONGRATULATING LOGAN GULEFF valuable to the community. Successful ven- have avoided with a balanced budget amend- ON WINNING ‘‘MASTERCHEF JUN- tures included the business directory that ment. IOR’’ began in 1963, and the publication of the Community Link Newspaper in 2009. The f Moorpark Chamber supports cooperation, and HONORING FRED T. NOLAN HON. STEVE COHEN collaborative relationships among citizens, OF TENNESSEE businesses, and community organizations. Through strong membership, inclusive pro- HON. BENNIE G. THOMPSON IN THE HOUSE OF REPRESENTATIVES grams, and special committees, the Moorpark OF MISSISSIPPI Wednesday, January 21, 2015 Chamber of Commerce honors the history and diversity of the community. IN THE HOUSE OF REPRESENTATIVES Mr. COHEN. Mr. Speaker, I rise today to The Moorpark Chamber of Commerce sup- Wednesday, January 21, 2015 congratulate Memphian Logan Guleff on win- ports a strong vibrant community, rich in civic ning the second season of ‘‘MasterChef Jun- engagement, hosting events that facilitate Mr. THOMPSON of Mississippi. Mr. Speak- ior.’’ At age 11, Logan was among thousands community inclusion, recognizing outstanding er, I rise today to honor a remarkable public of children ages 8 through 13 who auditioned residents of Moorpark through the Citizen of servant, Mr. Fred T. Nolan, a native of Dyer, Tennessee, but raised in Paducah, Kentucky, for the show. His culinary experience helped the Year recognition event and Annual Com- and has lived in Jackson, Mississippi since his him to not only be selected as a show partici- munity Awards, and continuing to foster new graduation from Tougaloo College in the early pant but to also triumph over his competitors generations of community leaders. I am honored to recognize the Moorpark 1960s. One of his early career choices was and take home the grand prize. Chamber of Commerce’s centennial anniver- teaching in the Jackson Public School District When Logan was nine, he traveled to New sary. I congratulate the Chamber in reaching (JPS). York to compete in a Jif peanut butter contest this historic milestone, and would like to ex- Mr. Nolan taught two years at the then as a semifinalist and at age 10, he had lunch tend my sincere gratitude for their continued Brinkley High School located on Livingston at the White House and a meeting with Presi- success, and service to the City of Moorpark Road and was a ninth grade teacher of Social dent Barack Obama after winning a state con- and our community. Studies and Mathematics. He left JPS to pur- test. Additionally, Logan has already become f sue other career options and worked briefly for a culinary entrepreneur, offering his own line the Urban League of Jackson as director. The TRIBUTE TO JAMES E. CRIDER of seasonings called Logan’s Rub and pro- majority of his career spanned 25 years as the viding dining reviews on his blog, executive director of Fair Housing and Equal orderupwithlogan.blogspot.com. HON. LUKE MESSER Opportunity, a division of Housing Urban De- OF INDIANA velopment (HUD). For Logan’s final competitive meal on IN THE HOUSE OF REPRESENTATIVES ‘‘MasterChef Junior’’, he chose to highlight his After fully retiring from HUD in 1996, Mr. talents by preparing all seafood dishes, includ- Wednesday, January 21, 2015 Nolan rejoined the JPS family as a substitute and limited service teacher. He worked three ing grilled spot prawn with a smoked saffron Mr. MESSER. Mr. Speaker, I rise today to years in a limited service capacity at Siwell aioli and olive tapenade for his appetizer and pay tribute to the life of James E. Crider, a Middle, Lanier High, and Forest Hill High a salt crusted branzino with a chimichurri great man of faith and the father of my good schools. sauce for his entr´ee. ‘‘MasterChef Junior’’ host friend, Indiana State Senator Michael Crider. Gordon Ramsay commented that Logan’s Jim was a loving and devoted husband to Mr. Fred Nolan is married to Mrs. Kisiah Nolan, a former JPS Board member and presi- dishes were the most unusual ones the show his wife of 63 years, Janet. Together, they dent. His son, Fredrick Nolan, is coordinator of has ever seen, to which Logan replied, ‘‘Go were the proud parents of six children, 13 grandchildren, and 19 great-grandchildren. As the JPS WATCH D.O.G.S. program. The big or go home.’’ His vision, creativity and all- Nolan’s also have two daughters: Renee or-nothing spirit certainly paid off. traveling song evangelists for many years, Jim and his family valued their faith and were dili- Nolan Johnson of Huntsville, Alabama, and Logan’s accomplishments are significant for gent leaders at the Shirley Church of the Naz- Adrienne Nolan Colar of Smyrna, Georgia. All a young man of only 12 years of age, and he arene. He spent an impressive 27 years at three of their children are graduates of the represents the Memphis culinary community Chrysler and in retirement enjoyed hunting Jackson Public School District. well. I ask all of my colleagues to join me in and spending time with his family. Mr. Speaker, I ask my colleagues to join me congratulating Logan Guleff on winning the Jim taught his son Michael the value of hard in recognizing Mr. Fred T. Nolan for his dedi- title of MasterChef Junior. work and the importance of being a man of in- cation to serving others.

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.002 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS E90 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2015 LEADING THE WAY and The Hucklebuck. These were the first re- skill or even wisdom, and you just keep it, cordings for the Ardent label. In 1962 after then when you die, that dies with you. But if HON. PETE OLSON graduating high school, Fry and a friend built you share that with other generations—who in OF TEXAS a radio station in Pine Bluff, Arkansas, and in turn will share it and share it and share it— IN THE HOUSE OF REPRESENTATIVES 1964, he worked with recording artist Jim you’re doing something that lasts.’’ Dickinson, who had also worked with Elvis John Fry passed away on December 18, Wednesday, January 21, 2015 and power pop singer Alex Chilton, to begin 2014 in Memphis at 69 years of age, and is Mr. OLSON. Mr. Speaker, I rise today to reviving the Ardent label. survived by his wife, Betty Fry. He and Betty congratulate Jillian Ross for being elected to In 1966, Ardent Studios opened on National were advocates for laws concerning humane the Columbia University senate for a two-year Street, where it stayed for five years before treatment of animals, and they treasured and term through 2016. Jillian is a 2012 graduate moving to its current location on Madison in cared for horses, dogs and cats with the dig- of Clements High School in Sugar Land, Midtown Memphis. In its first four years, John nity that people who respect all life would. He Texas and a chemical/biomedical engineering invested in the studio, furnishing it with four- will be remembered by all who came in con- junior at Columbia University. and sixteen-track equipment, outboard and tact with him and whose careers and success Ms. Ross is the first African-American Dolby noise reduction equipment. The techno- benefited from his mentorship. I ask all of my woman elected to represent Columbia’s Fu logically-advanced studio soon had a console colleagues to join me in recognizing his life, Foundation School of Engineering in the de- that was the same make used by Stax accomplishments and contributions to Amer- partment’s 150-year history. Through her posi- Records, which enable Ardent to become a ican music. His was a life well-lived. tion in the university’s senate, Jillian will work companion studio for Stax recording artists, in- f with the school’s president and faculty to cluding Isaac Hayes, the Staple Singers, the COMMENDING DR. WINSLOW shape policy on issues that affect the student Bar-Kays, Sam and Dave and Albert King. Ar- SARGEANT, CHIEF COUNSEL OF body and greater Columbia University commu- dent also recorded albums for The Replace- THE SMALL BUSINESS ADMINIS- nity. ments, The Clits, The Scruffs and Elvis Pres- TRATION’S OFFICE OF ADVO- I commend Jillian Ross for her dedication to ley. CACY FOR HIS SERVICE UPON One band that was close to John’s heart serving the interests of her fellow students and HIS RETIREMENT taking on the responsibilities that leadership was Big Star. Made up of Memphians Chris brings. On behalf of the residents of the Twen- Bell, Andy Hummel, Jody Stephens and lead ty-Second Congressional District of Texas, singer/songwriter Alex Chilton, Big Star re- HON. YVETTE D. CLARKE congratulations to Jillian for winning a seat in corded three albums at Ardent Studios—#1 OF NEW YORK IN THE HOUSE OF REPRESENTATIVES the Columbia University Senate. Record, Radio City and Third—and viewed f John largely as a mentor. John showed them Wednesday, January 21, 2015 ins and outs of the industry and drummer Jody Ms. CLARKE of New York. Mr. Speaker, I RECOGNIZING THE LIFE AND AC- Stephens commented that he was ‘‘a person rise today to pay respect to Dr. Winslow COMPLISHMENTS OF RECORD who could help you make your dreams come Sargeant who is retiring as Chief Counsel for PRODUCER JOHN FRY true.’’ While Big Star received little national Advocacy of the U.S. Small Business Adminis- recognition at the time, over the next four dec- tration’s Office of Advocacy. HON. STEVE COHEN ades, the group’s three albums eventually Appointed in August of 2010, I had the OF TENNESSEE were listed among Rolling Stone magazine’s pleasure of working with Dr. Sargeant during IN THE HOUSE OF REPRESENTATIVES ‘‘500 Greatest Albums of All Time’’ and a vari- the last three Congressional Sessions while a Wednesday, January 21, 2015 ation of their song In The Street was used as member of the House Small Business Com- the theme song for the popular Fox-TV sitcom, mittee. He has brought his expertise to bear in Mr. COHEN. Mr. Speaker, I rise today to That 70s Show. helping solve issues facing small businesses recognize the life and accomplishments of In the late 70s, John began to focus more and entrepreneurs in my district and across Memphis record producer, John Fry. Fry, a on the business side of Ardent Studios, but the country as they navigated the most difficult son of Memphis, was an example of the inno- talents including Led Zeppelin, ZZ Top, economy our country has experienced in near- vation, creativity and daring that is uniquely R.E.M., Bob Dylan, Leon Russell, the Re- ly a century. Memphis, as embodied in such Memphians as placements, Freddie King, the Gin Blossoms Dr. Sargeant knows the challenges of start- Abe Plough, founder of Plough Inc. and cre- and many others traveled to and recorded at ing and building a small firm. He enrolled in a ator of St. Joseph’s aspirin for children and the Memphis studio throughout the 70s, 80s PhD. Program at the University of Wisconsin, the Coppertone skin care line; Fred Smith, and 90s. In 1995, John launched a Christian Madison, in 1988 and left in 1992 to work at founder of Federal Express; Kemmons Wilson, rock label, releasing 36 albums and receiving IBM in Rochester, Minnesota. He received his founder of Holiday Inn; Clarence Saunders, seven Grammy nominations from artists in- PhD in electrical engineering in 1995, and founder of Piggly Wiggly—the first self service cluding Big Tent Revival, Skillet, Jonah33 and worked at ATT/Bell Labs in Allentown, Penn- grocer; and Sam Phillips, the father of rock others. He also began operating Ardent as a sylvania. In 1997, Dr. Sargeant and partners and roll and founder of Sun Studio and Sun learning ground for future award winning pro- co-founded Aanetcom, a ‘‘fabless’’ semicon- Records—the recording home of Elvis Presley. ducers and engineers, including Jim Dickin- ductor integrated circuit design company. The Born on New Year’s Eve in 1944, Fry be- son, Terry Manning, John Hampton and oth- company designed state-of-the-art computer came a well-known and respected member of ers. circuits for telecom and broadband applica- the Memphis music community, having found- Today, Ardent Studios continue to attract tions. In March 2000, Aanetcom was acquired ed the Ardent record label in the late 1950s musicians both local and national from all by PMC-Sierra, a publicly traded company. and early 1960s along with John King and genres. Memphis rap group and Oscar winner Prior to becoming chief counsel, Dr. Fred Smith. Ardent was a unique studio for Three 6 Mafia has recorded at the studio as Sargeant served as managing director of Ven- the region that brought high technical stand- well as Memphis rapper, Al Kapone. Three ture Investors, LLC, in Madison, Wisconsin. ards to recording, which Fry used to father a Doors Down, the North Mississippi Allstars, The firm provided seed and early-stage money multitude of music from rock and roll and punk the White Stripes and the Raconteurs are to high-potential health care and IT compa- to soul, power pop and gospel. Under his among the studio’s roster of artists. Addition- nies. There, he specialized in computer soft- leadership, Fry helped launch the careers of ally, filmmakers for Hustle and Flow, Black ware, hardware, and materials, and worked local musicians and guide the works of others Snake Moan and 40 Shades of Blue—all mov- with technology transfer offices. from around the country. ies featuring and filmed in Memphis—went to As Chief Counsel, he brought years of ex- John began recording music out of his fam- Ardent Studios for recording their soundtracks. perience as a federal partner to small firms. ily’s garage in 1959 while he was still in high The studio has amassed 70 gold and platinum From 2001 to 2005, he was program manager school. He committed to spending countless albums and singles. in electronics for the National Science Foun- hours remodeling the space by building the John Fry was a recording visionary and dation’s Small Business Innovation Research equipment needed and inter-connecting equip- helped propel Memphis music and that of oth- (SBIR) Program, while also serving as adjunct ment that could not be built. Out of his self- ers from around the world to a higher level. professor at the University of Pennsylvania. made recording studio, he recorded and re- His contributions to the industry are numerous The NSF is one of the federal agencies with leased singles that were favored by locals, in- and will continue to inspire future generations. the largest extramural research and develop- cluding The Ole’ Miss Downbeats’ Slewfoot In 2006, he said, ‘‘If you acquire knowledge or ment budgets that are required in the SBIR

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.008 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS January 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E91 program to dedicate a portion of their awards versity,’’ Trevor renamed the institution the panding their opportunities for personal growth to small firms. University of Central Florida. In addition to the and prosperity. On behalf of the residents of On behalf of the small business community high-profile name change, Trevor also estab- the Twenty-Second Congressional District of of the 9th District of Brooklyn, I’d like to thank lished the University’s honors program and a Texas, congratulations again to Vince for and congratulate Dr. Sargeant, his wife football program that went on to earn national being named the Central Fort Bend Cham- Ikanyeng and three children, Kgosi, Lorato, rankings. Trevor nurtured Orlando’s fledgling ber’s 2014 Business Person of the Year. and Marang and wish them many blessings in research park, and developed a partnership f the future. with Orange County that has created thou- TCU & BAYLOR FOOTBALL f sands of high tech jobs and helped transform the region’s economy. ‘‘BLACK JANUARY’’ SOVIET Under Trevor’s leadership, the University in- HON. TED POE INVASION OF AZERBAIJAN troduced the state’s first stand-alone doctoral OF TEXAS program in computer science, and expanded IN THE HOUSE OF REPRESENTATIVES HON. GENE GREEN its Ph.D. offerings to include civil, computer, Wednesday, January 21, 2015 OF TEXAS electrical, mechanical, industrial and environ- Mr. POE of Texas. Mr. Speaker, for years, IN THE HOUSE OF REPRESENTATIVES mental engineering. Trevor also spearheaded Texas college football has been dominated by a long effort to create equitable funding for the Wednesday, January 21, 2015 Texas and Texas A&M, both of which are state’s newer universities to put them on the large public universities. So how have a cou- Mr. GENE GREEN of Texas. Mr. Speaker, same financial footing as the well-established ple of small, private, Christian institutions like I rise in remembrance of the over 130 inno- state universities. Baylor and TCU dethroned the kings of Texas cent men, women, and children who were Known as the ‘‘Scholar President,’’ Trevor football and become the top two programs in killed by the Red Army in the days following held degrees from the University of London, the state? It’s simple really—their success has its invasion of Azerbaijan 23 years ago. the College of William and Mary, and the been built on good coaching. While the On January 20, 1990, the Soviet Union, in Johns Hopkins University, where he earned Longhorns and Aggies consistently bring in a brutal attempt to end the growing independ- his doctorate in American History in 1953. An top ranked recruiting classes, Baylor and TCU ence movement in Azerbaijan, sent in 26,000 expert on the American Revolution and Thom- typically bring in much less heralded players, troops under the pretext of restoring public as Jefferson, Trevor penned a number of yet have had more success. This means that order, while actually aiming to forcefully end books and articles, including The Lamp of Ex- these two programs have coaches who can peaceful demonstrations for independence. perience, Fame and the Founding Father, and turn what most consider to be ‘‘lesser’’ talent The invasion and subsequent massacre, The Americans: A Brief History. into better football players. which resulted in over 130 killed, 611 injured, Trevor was an active member of the Amer- They each hired relative unknowns to guide and 841 arrests, is remembered as ‘‘Black ican Association of State Colleges and Univer- their programs. Baylor put its faith in Art Briles January’’ in the Republic of Azerbaijan today sities, the Metro Orlando Economic Develop- while TCU put its in Gary Patterson. Both and has left an indelible mark on that nation’s ment Commission, the Orlando Crime Preven- Briles and Patterson come from similarly hum- memory. tion Association, the Board of Visitors of the ble backgrounds and have developed strong It was the overt oppression of innocent peo- Air University at Maxwell Air Force Base, the work ethics and good attitudes. ple by the Soviet government that further in- United Way, the Greater Orlando Sports Orga- Briles hails from a small town in West Texas spired the Azerbaijani people to regain its nizing Committee, the Kiwanis Club, the called Rule, where his father was the head independence after 70 years of foreign rule. boards of the local opera company and public football coach at the local high school. Briles Less than two years later, on October 18, television station and the Organization of played for his father and went on to become 1991, Azerbaijan gained its independence American Historians. an all-state quarterback, earning a scholarship from the Soviet Union and was soon recog- A lifelong Episcopalian, Trevor is survived to the University of Houston where he played nized by the international community. by Beryl, his wife of 66 years, his daughters, wide receiver for legendary Coach Bill Yeo- Today, the United States and Azerbaijan Katherine ‘‘Kit’’ Wrye and Elinor Colbourn, and man. On their way to watch Art play in the enjoy a close and important relationship, built four grandchildren. 1977 Cotton Bowl, his parents and aunt died on trust, understanding, and mutual support. It I am saddened by the loss of such a valu- in a tragic car crash. Though Coach Yeoman is important on this day that America remem- able member of the Central Florida community knew about this before the game started, he bers the trials and tribulations our friends in and extend my heartfelt condolences to his didn’t tell Art until after the game was over. Azerbaijan have had to endure for the cause family. Briles went on to transfer to Texas Tech so of freedom and continue to support their vital f that he could be closer to his girlfriend who role as a beacon of democracy and prosperity 2014 BUSINESS PERSON OF THE was a student there at the time. They are now in the Caspian Region. YEAR happily married. Prior to his coaching career, Mr. Speaker, I ask the House of Represent- Briles earned his master’s in education from atives to please join me in remembering the Abilene Christian University, my alma mater. tragic events of Black January and honor HON. PETE OLSON He would go on to become one of the most OF TEXAS those who gave their lives in order to give successful high school coaches in Texas his- IN THE HOUSE OF REPRESENTATIVES birth to their country. tory, winning four state titles at Stephenville. f Wednesday, January 21, 2015 After coaching at Stephenville, Briles moved Mr. OLSON. Mr. Speaker, I rise today to on to Texas Tech as an assistant and to REMEMBERING THE LIFE OF congratulate Vince Finnegan for being named Houston as its head coach. Then, in 2008, TREVOR COLBOURN the 2014 Business Person of the Year by the after a remarkable turnaround at Houston, he Central Fort Bend Chamber. Finnegan is the was hired by Baylor in hopes that he could do HON. ALAN GRAYSON owner and operator of Finnegan Auto Group the same for their program. Flash forward to OF FLORIDA in Rosenberg, Texas. He fills critical workforce 2015, and Briles has just finished coaching the IN THE HOUSE OF REPRESENTATIVES needs by financially supporting workforce de- team to its second straight Big XII conference title, which seemed virtually unimaginable be- Wednesday, January 21, 2015 velopment courses for high school students in Lamar Consolidated Independent School Dis- fore he arrived. Mr. GRAYSON. Mr. Speaker, I rise today to trict. These workforce development courses TCU’s Coach Gary Patterson also comes recognize an outstanding member of the Cen- help prepare students for skilled jobs after from humble roots. He grew up in a small tral Florida community, Trevor Colbourn. they graduate. town in Kansas called Rozel and played foot- Trevor passed away on January 13, 2015 at Finnegan is also a steward of the local busi- ball at Dodge City Community College before the age of 87 and will be deeply missed. ness community, and serves as treasurer and transferring to Kansas State. After graduating Born in Armindale, New South Wales, Aus- board member of the Central Fort Bend from Kansas State, Patterson became a grad tralia on February 24, 1927, Trevor became Chamber. I commend him for his community assistant there before moving up the ranks at the second President of, what was then known support. He serves as a model businessman several small schools around the country. In as, the Florida Technological University in in Rosenberg and Fort Bend County. 1998 he was hired as TCU’s defensive coordi- 1978. Recognizing that the University had I thank Vince Finnegan for his dedication to nator and would be named the head coach grown beyond being just ‘‘Florida’s Space Uni- serving the interests of his community and ex- just two years later.

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.010 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS E92 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2015 Briles and Patterson have each enjoyed he experienced, Wallace remained steadfast York and was an honors graduate of Duke huge amounts of success, but got there in his resolve to not succumb to those who University where he was Commandant of the through different means. Patterson is known wished to see him fail. He was fortunate, in Naval Battalion and participated in every sport, as a defensive mastermind and is one of the this manner, to have such mental strength to winning distinction as quarterback of the 1954 only coaches in history to win the national survive. Others, including Henry Harris, who Blue Demons Football Team. His flight training Coach of the Year award more than once. also played in the SEC, and Nat Northington, at NAS Pensacola prepared him for many Briles, oppositely, is an offensive tactician and one of the first two African-Americans to play years in the Marine Air Wing. During his 30- has engineered one of the greatest program football at the University of Kentucky, found year military career, he served three tours in turnarounds in recent memory. Both Baylor the pressures all too great. Japan and flew 312 missions in Vietnam in and TCU were low level football programs In a stand against the injustices of the Jim 1968, where he was awarded 23 Air Medals when Briles and Patterson arrived. Baylor was Crow laws that made segregation legal and and nominated for a Distinguished Flying considered one of the worst football programs gave protection for acts of violence and death Cross for valor in an especially dangerous in the country, regularly winning only one or toward African-Americans, in his last game mission to the DMZ. two games per season. TCU had just been left played in Nashville against Mississippi State, He later served in strategic planning at the out of the Big 12 and were now members of Wallace ended his college basketball career Joint Chiefs of Staff in Washington, DC; was the Western Athletic Conference, which isn’t with a slam dunk—a play that was deemed il- both student and teacher at the Marine Corps even a football conference anymore. Now, legal at the time. The illegal play was allowed Command and Staff College; and attended the both are considered two of the top coaches in to stand and he finished the game scoring 28 Industrial College of the Armed Forces while America and have brought back respect to points and 27 rebounds. He dedicated the gaining his MBA at George Washington Uni- these once forgotten programs. game to his mother who passed away a year versity. He concluded his active duty as Chief And that’s just the way it is. earlier. of Staff, LFTC Pacific Naval Amphibious Base, Perry Wallace graduated from Vanderbilt f Coronado. and was drafted by the Philadelphia 76ers in Upon retiring from active duty in 1984, he RECOGNIZING PROFESSOR PERRY 1970. He earned his Juris Doctorate from Co- was appointed Chief of Staff at the Academy WALLACE FOR OVERCOMING AD- lumbia University in 1975 and moved to of the Pacific, a post he held for 18 years. VERSITY IN SPORTS DURING Washington, DC where he worked in the Ex- After retiring from AOP, he became a student THE CIVIL RIGHTS ERA ecutive Office of then-mayor Walter E. Wash- once again, studying Shakespeare and music ington before becoming an adjunct professor at the University of Hawaii. HON. STEVE COHEN of law at George Washington University. Pro- Col. Lerps was a board member of Hawaii OF TENNESSEE fessor Wallace then served as a trial attorney Opera Theater and member of the Hawaii IN THE HOUSE OF REPRESENTATIVES at the U.S. Department of Justice and later re- Wagner Society. He was an ardent ocean joined academia as an associate professor of canoe paddler, a board member of the Lanikai Wednesday, January 21, 2015 law at the University of Baltimore School of Canoe Club and coordinator of the Duke Mr. COHEN. Mr. Speaker, I rise today to Law. Kahanamoku Long Distance Canoe Race for recognize Professor Perry Wallace, a Vander- Today, Perry Wallace is a professor at four years. bilt University graduate who integrated basket- American University Washington College of Even with the decline in mobility and speech ball for the Southeastern Conference (SEC) Law where he specializes in environmental, and the loss of the ability to swallow, he never and current professor at American University, corporate and international economic law, lost his deep love for opera, sports, for his for overcoming the racism and violence he ex- business and environmental studies, and is family, Catholic faith and Marine Corps. As perienced as an African-American collegiate the Director of the JD/MBA Joint Degree Pro- life-long friend John Schwarz wrote, ‘‘Dave athlete during the Civil Rights era. While Wal- gram. Perry has received numerous awards never really left the Corps . . . ‘once a Marine lace never viewed himself as a pioneer or a for his accomplishments in academia and his always a Marine.’ He was ‘SEMPER Fl,’ a Ma- change agent for civil rights, he nonetheless list of publications and writings is extensive. In rine to his final breath!’’ helped break the color-barrier in the SEC as 2003, he was inducted into the Tennessee Dave is survived by Mary, his wife of 55 the first African-American basketball player in Sports Hall of Fame and in 2004, his Vander- years, his children Kathy Lerps, Karen Pitt- the Conference. bilt jersey, number 25, was retired. In 2014, man, Robert Lerps, six grandchildren: Vito and Like many African-American college athletes Andrew Maraniss, a Vanderbilt alum and Dylan Higgins, Ashley Snow, Amber Lerps, at the time, Wallace faced tremendous chal- former associate director of media relations at Kylie and Kassidy Barker; and a sister Ann lenges, both physical and emotional, that high- the school’s athletic department, published Falkenberg and brother Kurt Lerps. I learned lighted the ugly reality of race relations in Wallace’s biography entitled ‘‘Strong Inside: of Col. Lerps’ life of service from his brother- America. One significant memory Wallace has Perry Wallace and the Collision of Race and in-law and my good friend Father Robert when his health and life were threatened was Sports in the South.’’ Oldershaw. during a 1968 game between Vanderbilt and Vanderbilt University has a program called f the University of Mississippi that was played in VUcept where freshmen students are paired with upperclassmen to make their transition to HONORING BISHOP GORDON Oxford. During this game, Wallace—who was ARLESTER HUMPHREY, JR. the only African-American player on the the school easier. As a freshman there, I was team—was subjected to racial epithets, taunt- fortunate to have Wallace as my VUceptor. I ing, threats of lynching, and physical violence ask all of my colleagues to join me in recog- HON. BARBARA LEE OF CALIFORNIA when he received a swollen eye due to a nizing Perry Wallace for his tenacity in the IN THE HOUSE OF REPRESENTATIVES thrown elbow just before halftime. Perry even- face of adversity and for his many professional tually returned to the game after tending to his accomplishments and contributions to aca- Wednesday, January 21, 2015 injury, but he was mindful of the fact that after demia. Ms. LEE. Mr. Speaker, I rise today to honor halftime, no members of his team stayed be- f the extraordinary life of Bishop Gordon hind to accompany him back to the court. He HONORING COLONEL DAVID Arlester Humphrey, Jr. Bishop Humphrey was went on to help his team win 90–72. ARTHUR LERPS, USMC (RET) a beloved pastor, husband, father, and friend. Unfortunately, the incident at Oxford was With his passing on Sunday, December 14, not the only time when he had to endure rac- we look to Bishop Humphrey’s personal leg- ism at an away game. Wallace and his team- HON. JANICE D. SCHAKOWSKY acy of leadership, service, and the outstanding OF ILLINOIS mates have recounted a noose being dangled quality of his life’s work. IN THE HOUSE OF REPRESENTATIVES near the Vanderbilt bench at a game in Knox- Born to Gordon Humphrey, Sr. and Helen ville and items being thrown at him, including Wednesday, January 21, 2015 Humphrey, in Ohio, Bishop Humphrey was Cokes, coins, ice and even a dagger. Perhaps Ms. SCHAKOWSKY. Mr. Speaker, I rise to educated in the public schools of Chicago and adding insult to injury, many of the venues recognize Colonel David Arthur Lerps, USMC graduated from Hirsch High School. He went were very small and the sounds of racism (RET), who died on October 21, 2014 after a on to attend Morehouse College in Atlanta, could be easily picked up and broadcast over long and valiant struggle with Parkinson’s dis- and then went on to follow in his father’s foot- the radio for all to hear, including his mother ease, and his career of service to our nation. steps, entering the ministry with his wife, First who listened to the game against Ole Miss Born in Chicago, Illinois on June 28, 1931, Lady Diane and their two children, Gordon III from her hospital bed. Despite the intolerance he spent his early years in Eastchester, New and Cha’Rena.

VerDate Sep 11 2014 05:35 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.014 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS January 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E93 Bishop Humphrey was noted for estab- nel Kirksey has deployed as the Wing Senior tional stage. I know she will make Texas lishing ‘‘Sunday Night Live,’’ a service where Intelligence Officer in support of Operation proud. all are welcome to attend without any con- Desert Shield, Deny Flight, Phoenix Scorpion, demnation or judgment, aimed at those who and Southern Watch. f otherwise may not have attended a church In 2001, as the Security Forces Com- service. This model proved so successful that mander, he was mobilized in support of Oper- CONGRATULATING DR. BRIAN D. it was replicated across the nation. He was ation Noble Eagle and Enduring Freedom and SMITH OF THE DALLAS CHRIS- also a powerful singer and a talented musi- was designated as the 201st Mission Support TIAN COLLEGE cian, using his gifts to minister through music Squadron Detachment Commander. In 2005, and song. He was the executive producer of he served as the 161st Deputy Mission Sup- HON. KENNY MARCHANT an acclaimed album entitled, ‘‘Olivet Oakland, port Commander, and in 2006 he assumed Sunday Night Live! You’re in the Right Place command of the 161st Logistics Readiness OF TEXAS at the Right Time.’’ The album was nationally Squadron. In 2010, as the Logistics Readiness IN THE HOUSE OF REPRESENTATIVES and internationally recognized for its inspira- Squadron Commander, he was mobilized in Wednesday, January 21, 2015 tional message. support of Operation Iraqi Freedom, Operation After the passing of his father, Bishop Hum- Enduring Freedom, and Operation New Dawn. Mr. MARCHANT. Mr. Speaker, I rise today phrey moved to Chicago, away from his 30- Throughout his years of service, Lt. Col. to congratulate and honor Dr. Brian D. Smith. year ministry at Olivet Institutional Missionary Kirksey has won numerous awards and dis- On November 1, 2014, Dr. Smith began serv- Baptist Church in Oakland. Upon his return to tinctions, including the Global War on Ter- ing as the eleventh president of Dallas Chris- Chicago, Bishop Humphrey assumed the posi- rorism Service Medal, the Humanitarian Serv- tian College in Farmers Branch, Texas. He will tion of senior pastor at Shiloh Missionary Bap- ice Medal, and the Meritorious Service Medal, be formally inaugurated this Saturday, January tist Church, the church his father once led for twice. In addition, he was named the Arizona 24, 2015. more than 40 years. National Guard Diversity Champion in 2008 Dallas Christian College was founded in Eventually, Bishop Humphrey would be- and the National Guard Diversity Award Win- 1950 and maintains a mission to educate and come the Senior Pastor at three churches: ner—Air National Guard Individual Category in mentor students to be ‘‘People of Influence, Shiloh Missionary Baptist Church in Chicago, 2011. Under God’s Influence, for a Life of Influence.’’ Olivet Institutional Missionary Baptist Church Incredibly, on top of his outstanding service I have no doubt that the strong work of the in Oakland, and Olivet’s sister church of the in uniform, Lt. Colonel Kirksey also volunteers College toward this end will continue to excel same name in Stockton, California. over 100 hours each year at Phoenix-area under Dr. Smith’s new leadership. Bishop Humphrey was known as a bridge- schools and is a motivational speaker in the Dr. Brian D. Smith has a remarkable career builder, and he opened the doors of Olivet to community. In 2014, he was awarded the City in Christian higher education. He received a the community for the Oscar Grant Forums, of Phoenix Calvin Goode Lifetime Achieve- Bachelor’s degree in Biblical Studies and which took place weekly for more than three ment award in recognition of his outstanding Christian Ministry from Florida Christian Col- years. He was noted for his prolific urban leadership and dedication to civil rights. lege (FCC) in 2003. Two years later he message and was in great demand as an Mr. Speaker, I am honored to recognize earned his Master’s from Lincoln Christian evangelist, preaching the Gospel across the Lieutenant Colonel Allen Kirksey and thank University in Contemporary Christian Theology nation. For years, he was known to walk the him for his many years of exceptional service. and Philosophy. Smith received his Ph.D. in streets and meet with drug addicts and gang f Theology from the University of Exeter in Eng- members, and was able to bring them to- land in 2011. He has published several chap- gether and begin the healing process. MORE THAN MEETS THE EYE ters in academic works. Today, California’s 13th Congressional Dis- During his initial working years, Smith re- trict salutes and honors an outstanding indi- HON. PETE OLSON mained with FCC, which eventually merged vidual, Bishop Gordon Arlester Humphrey, Jr. OF TEXAS with another school to become Johnson Uni- His dedication and efforts have impacted so versity Florida. He quickly advanced from IN THE HOUSE OF REPRESENTATIVES many lives throughout the state of California serving as registrar to Associate Dean of Aca- and the nation. I join all of Bishop Humphrey’s Wednesday, January 21, 2015 demics and Institutional Effectiveness, then loved ones in celebrating his incredible life. He Mr. OLSON. Mr. Speaker, I rise today to Vice President of Academics and ultimately will be deeply missed, but his life, legacy, and congratulate Regina Crafter of Missouri City, Assistant Provost. During his time there, Smith spirit will live in our hearts and our community Texas for being awarded the Ms. Texas Amer- led the university through the process of ac- forever. ica 2015 title by the Ms. America Pageant. creditation with the Commission on Colleges f Regina is a health teacher at Quail Valley Mid- of the Southern Association of Colleges and dle School in Missouri City, Texas. This award Schools (SACS) and the Association for Bib- HONORING LT. COLONEL ALLEN recognizes her exceptional contributions to her lical Higher Education. KIRKSEY community as an educator, youth mentor and His strong and faithful professional life made champion of health initiatives. him the top contender when the Board of HON. RUBEN GALLEGO Regina has led several successful fund- Trustees for Dallas Christian College took up OF ARIZONA raising drives for the University of Texas MD the task of searching for a replacement for their preceding president, Dusty Rubeck. The IN THE HOUSE OF REPRESENTATIVES Anderson Cancer Center and the American Diabetes Association (ADA). She is also a chair of the search committee, Dr. Keith Wednesday, January 21, 2015 breast cancer survivor who has been an out- Keeran, reported that the applicant pool was Mr. GALLEGO. Mr. Speaker, as he begins spoken awareness ambassador for the dis- remarkable and seven well-qualified can- the transition to civilian life, I rise today to sa- ease. She is committed to promoting a healthy didates were interviewed, but only one lute Lieutenant Colonel Allen Kirksey for his lifestyle for her students. Regina is the Health reached the final interview before the Board. distinguished military career and years of dedi- Club sponsor and the ADA coordinator at Keeran further commented that ‘‘the Lord’s cated service to our nation. Quail Valley Middle School. She has helped hand was on the search process from the be- Lt. Colonel Kirksey most recently served as her students raise more than $10,000 for ginning.’’ the Wing Chief of Staff in Phoenix, Arizona, a ADA, the largest donation among secondary Dr. Smith has always prayerfully desired to position he has held since June of 2013. He schools in Texas. She goes on to compete in spread the Gospel and loves serving that began his military career in the United States the 2015 Ms. America Pageant finals. cause through the work of Christian higher Air Force from 1979 to 1983, during which I commend Regina Crafter for the out- education. He and his wife, Samantha, have time he completed two operational assign- standing difference she has made in her com- four children together. I welcome them to the ments with the 92nd Bomb Wing and the munity as a role model and leader. On behalf 24th District of Texas. 435th Tactical Air Wing. He enlisted in the Ari- of the residents of the Twenty-Second Con- Mr. Speaker, it is my honor to ask all of my zona Air National Guard in 1984 as a drill sta- gressional District of Texas, congratulations distinguished colleagues to join me in con- tus guardsman Combat Crew Communications again to Regina for being selected to rep- gratulating and wishing well Dr. Brian D. Smith Specialist. In 1998, he assumed command of resent our state as Ms. Texas America 2015. as he begins to serve as President of Dallas the 161st Security Forces Squadron. Lt. Colo- We wish her well as she competes on the na- Christian College.

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.017 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS E94 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2015 IN RECOGNITION OF THOMAS J. Team as the Senior Medic and Instructor. present for a recorded vote. Had I been KEENEY FOR HIS DEDICATION While with the 424th, Thomas was responsible present, I would have voted ‘‘yes’’ on roll call AND SERVICE TO THE WILKES- for all medical and environmental issues for vote No. 17, on the motion to suspend the BARRE KNIGHTS OF COLUMBUS setup and operation of military POW camps in rules and pass H.R. 203, ‘‘yes’’ on roll call the U.S. and overseas. After being promoted vote No. 18, on the motion to suspend the HON. MATT CARTWRIGHT to Master Sergeant, he was sent to the Re- rules and pass H.R. 33, and ‘‘yes’’ on roll call OF PENNSYLVANIA gional Command Headquarters at Willow vote No. 19, on approving the Journal. IN THE HOUSE OF REPRESENTATIVES Grove, Pennsylvania to be a Senior Medic for the 79th ARCOM. Thomas retired from the Wednesday, January 21, 2015 f army reserves when the 79th ARCOM was Mr. CARTWRIGHT. Mr. Speaker, today I disbanded in spring 1996. HONORING THE WORK OF CASCO rise in recognition of Thomas J. Keeney, past Additionally, Thomas has served as a mem- BAYKEEPER JOE PAYNE Grand Knight of the Wilkes-Barre, Pennsyl- ber of the Knights of Columbus for a number vania Knights of Columbus Council 302. Mr. of years. He has been the Grand Knight twice, Keeney was born on July 3, 1946. His father, first from 1998 to 2000 and recently from 2012 HON. CHELLIE PINGREE a Major in the army, was stationed in Arkan- until 2014. He was also a District Deputy for sas, Japan, and New Jersey and took the the Pennsylvania Knights of Columbus and OF MAINE Keeney family with him as he traveled around Faithful Navigator of the Bishop Hafey Assem- IN THE HOUSE OF REPRESENTATIVES the world. In 1964, Thomas graduated from bly Fourth Degree Knights. Coughlin High School in Wilkes-Barre and cur- In addition, Thomas has been involved with Wednesday, January 21, 2015 rently resides in Plains with his wife, Karen. many organizations. He was the past Presi- After finishing high school, Thomas Keeney dent of the Wilkes-Barre Friendly Sons of Ms. PINGREE. Mr. Speaker, from my Dis- joined the air force in the winter of 1965. He Saint Patrick, where he currently holds the po- trict Office in Portland, Maine, I am fortunate was trained as an aircraft mechanic at sition of Secretary. He has also served as the to have a beautiful view of Portland Harbor Lackland Air Force Base and Sheppard Air President of Council 302 Home Association and Casco Bay. On a typical day, one might Force Base. Upon completing his training, he and was a former Trustee of the Plumbers see cruise ships carrying thousands of visitors was stationed at RAF Lakenheath Air Base in Local 90. to our city, lobster boats setting and pulling England. At Lakenheath, Thomas served as a It is an honor to recognize Mr. Keeney for their traps, kayakers paddling to Fort Gorges, Crew Chief on F–100D & F aircraft. While in his service to the Knights of Columbus and all and harbor seals popping their heads out of England, Thomas married Irene V. Tucker. In of his achievements. He is a true patriot, and the water. the summer of 1968, they were blessed with I applaud him for his dedication to his country What’s remarkable about this scene is that their first son Patrick. Thomas finished his and the work he has done for his community. the bay’s many uses—as a place for recre- service with the air force in 1969, leaving with f ation, a source of jobs and economic activity, the rank of Sergeant. DEDICATION TO CHARACTER AND and habitat for marine life—coexist in a way When he returned to the United States, SERVICE that is not possible in many other places in the Thomas settled back in Wilkes-Barre and had country. The bay is healthy enough to balance his second child, Maurita. He took a job as a the needs of our community with the needs of laborer at the Pressed Steel Plant on Penn HON. PETE OLSON OF TEXAS the environment. Avenue. Thomas entered the apprentice pro- IN THE HOUSE OF REPRESENTATIVES gram for Plumbers with Pipe Fitters Local 147 I rise today to recognize and celebrate a of Wilkes-Barre in 1970. He completed his ap- Wednesday, January 21, 2015 man who has worked tirelessly to strike that careful balance and maintain it. Joe Payne is prenticeship in 1974 with Scranton’s Local 90. Mr. OLSON. Mr. Speaker, I rise today to As a journeyman plumber, he worked with congratulate Ruben Ruiz and Shelby Lowe for the Casco Baykeeper, placing him in the very many contractors in Pennsylvania and New being named Pearland’s 2014 Employees of difficult job of improving and safeguarding the Jersey. Thomas left the construction industry the Year by Pearland city management. This health of our bay. After nearly 25 years of to work for the City of Wilkes-Barre, as a award is given to the public servants who best doing that job remarkably well—as a scientist, member of the city’s sewer department. In exemplify the city’s core mission—to provide advocate, and relationship builder—he is retir- 1985, he returned to the construction industry those who live in Pearland with the best qual- ing. where he worked for Penn State Mechanical ity of life. Joe’s accomplishments during his tenure as as a plumber, welder, and foreman. While Mr. Ruiz, a utility billing specialist, and Ms. Baykeeper are too many to list in full, but here working with Penn State Mechanical, he ob- Lowe, a recreation attendant, went above and are some highlights. During a 1996 oil tanker tained his Masters Certificate in Plumbing and beyond in performing their duties and improv- spill, he pushed successfully for a quicker and Heating with the cities of Wilkes-Barre and ing the systems on which the city runs. Their more thorough response than what was ini- Scranton. In 1995, as a Plumbing Trade In- dedication to service and character provide a tially given, preventing what could have been structor for the Pennsylvania Department of shining example of public service and set an a disastrous impact on the bay. He launched Corrections, Thomas helped prepare inmates example we can all follow. The residents of a groundbreaking water-quality monitoring pro- for a job in the plumbing trade after rehabilita- Pearland, Texas already know what a great gram that has mobilized 650 volunteers. He tion. After working for the Department of Cor- place they live, work and raise their families. helped move 35,000 lobsters that would have rections, he went on to be a caretaker for These dedicated city employees are part of been harmed or displaced by a harbor dredge. Camp Raninu and then took a position with what makes Pearland special. And he fought for state legislation that has I thank Ruben Ruiz and Shelby Lowe for the VA, before he retired in 2011. kept cruise ships from dumping their waste- their tireless work in ensuring the Pearland Thomas Keeney also served his country water into the bay. with distinction as an army reservist in the community gets the customer service it de- 79th Army Regional Command. Starting in serves. On behalf of the residents of the I have had the pleasure of working with Joe 1974, Thomas was a Specialist 4 Welder with Twenty-Second Congressional District of over the years. Most recently, I appeared with the 365th Engineers of Wilkes-Barre. When he Texas, congratulations to Mr. Ruiz and Ms. him at a press conference where he used dye, left the Engineers, Thomas had attained the Lowe for being named Pearland’s 2014 Em- a bowl of seawater, and a chunk of dry ice to rank of Sergeant. Thomas then joined the ployees of the Year. demonstrate how climate change is making 300th Field Hospital Unit and was retrained as f our ocean more acidic and less habitable for shellfish. The dramatic reaction was a great a combat medic. He was then promoted to PERSONAL EXPLANATION Sergeant First Class and reassigned to the example of Joe’s ability to draw attention to NCOIC of the 338th Medical Group Head- critical issues in ways that make people un- quarters in Folsom, Pennsylvania. At Folsom, HON. ADAM SMITH derstand and care. OF WASHINGTON Thomas was responsible for the care and I wish my very best to Joe in retirement, IN THE HOUSE OF REPRESENTATIVES training of the soldiers assigned to the Medical though I will miss him in the role of Group Headquarters. After serving at Folsom, Wednesday, January 21, 2015 Baykeeper. If I need any reminder of his lead- Thomas returned to Wilkes-Barre, where he Mr. SMITH of Washington. Mr. Speaker, on ership and legacy, however, all I have to do is served with the 424th Military Police Liaison Monday, January 12, 2015, I was unable to be look out the window.

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.021 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS January 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E95 IN RECOGNITION OF MS. GAIL EXCELLING IN THE CLASSROOM Committee on Finance WARREN AND ON THE COURT To hold hearings to examine President Obama’s 2015 trade policy agenda. HON. PETE OLSON SD–215 Committee on Health, Education, Labor, HON. SANFORD D. BISHOP, JR. OF TEXAS and Pensions IN THE HOUSE OF REPRESENTATIVES OF GEORGIA To hold hearings to examine No Child Wednesday, January 21, 2015 IN THE HOUSE OF REPRESENTATIVES Left Behind, focusing on supporting Mr. OLSON. Mr. Speaker, I rise today to teachers and school leaders. Wednesday, January 21, 2015 congratulate high school student Cassidy SD–430 Nussman for being named to the 2014 Texas Mr. BISHOP of Georgia. Mr. Speaker, it is Girls Coaches Association (TGCA) Class 6A JANUARY 28 my honor and pleasure to extend my personal all-state and academic all-state volleyball 9:30 a.m. congratulations and best wishes to a great teams. Nussman is a senior at Pearland High Committee on Armed Services friend and outstanding public servant, Ms. Gail School in Pearland, Texas. These prestigious To hold hearings to examine the impact Warren. Ms. Warren has served as the Con- awards recognize her hard work and exem- of the ‘‘Budget Control Act of 2011’’ and gressional Liaison Representative, Office of plary performance as a scholar-athlete. sequestration on national security. the Chief of Legislative Liaison for the United Nussman earned a spot on the academic SD–106 States Army since March 2000. She will be re- all-state team by maintaining a GPA of 3.9 or Committee on Environment and Public tiring on Wednesday, January 21, 2015. higher while competing on the court at an elite Works level throughout her high school career. She To hold hearings to examine MAP–21 re- Ms. Warren, a native of Bedford, Virginia, authorization, focusing on Federal and was also named an honorable mention selec- has lived and worked in the DC-Maryland-Vir- state perspectives. ginia area for the majority of her career. In- tion on the Under Armour Girls High School SD–406 deed, she has built quite an impressive career All-America Team by the American Volleyball Committee on Health, Education, Labor, which began in 1976 when she commenced Coaches Association (AVCA) and competed and Pensions her civil service serving in the Pentagon as a on the 2014 TGCA Blue All-Star team for Organizational business meeting to con- Department of Defense Telephone Operator. Class 5A/6A as one of the division’s top 12 sider an original resolution authorizing She then moved on to the office of the Army college-bound players. She has committed to expenditures by the committee during Board for Corrections of Military Records. play volleyball for Northwestern University next the 114th Congress, committee rules of year. procedure, subcommittee assignments, In 1982, Ms. Warren began serving in the On behalf of the residents of the Twenty- S. 192, to reauthorize the Older Ameri- Congressional Inquiry Division, Office of the Second Congressional District of Texas, con- cans Act of 1965, an original bill enti- Chief, Legislative Liaison, where she served gratulations again to Cassidy Nussman for tled, ‘‘Strengthening Education for fifteen years as a Congressional Liaison being named to the 2014 Texas Girls Coaches Through Research Act’’, and any pend- Assistant. She was promoted to a Congres- Association (TGCA) Class 6A all-state and ing nominations. sional Liaison Representative before she left academic all-state volleyball teams. We look SD–430 briefly in 1998 to join the Army Inspector Gen- forward to her continued success both on and 10 a.m. eral’s Office as a FOIA Specialist/Records off the court. Committee on the Budget To hold hearings to examine the Con- Manager. In 2000, Ms. Warren returned to the f gressional Budget Office’s (CBO) budg- Office of the Chief, Legislative Liaison as a SENATE COMMITTEE MEETINGS et and economic outlook for fiscal Congressional Liaison Representative working Title IV of Senate Resolution 4, years 2015–2025. in the Army House Liaison Division, where she agreed to by the Senate of February 4, SD–608 has excelled for the last fifteen years. 1977, calls for establishment of a sys- Committee on Commerce, Science, and During her tenure as a Congressional Liai- tem for a computerized schedule of all Transportation son Representative, Ms. Warren responded to meetings and hearings of Senate com- To hold hearings to examine freight rail countless telephone inquiries and handled mittees, subcommittees, joint commit- transportation, focusing on enhancing many last-minute coordination requests. She tees, and committees of conference. safety, efficiency, and commerce. SR–253 consistently went above and beyond the call This title requires all such committees to notify the Office of the Senate Daily Committee on Foreign Relations of duty to ensure that Congressional offices To hold hearings to examine articulating Digest—designated by the Rules Com- had the information needed to respond to con- the case for American leadership in the gressional and constituent inquiries. She pro- mittee—of the time, place and purpose world, focusing on the national inter- vided expert advice on complex and unusual of the meetings, when scheduled and est. inquiries to the Army Leadership as well as to any cancellations or changes in the SD–419 Members of Congress and their staffs. Her meetings as they occur. Committee on Small Business and Entre- high standard of excellence and attention to As an additional procedure along preneurship detail ensured the trust and confidence of with the computerization of this infor- Organizational business meeting to con- mation, the Office of the Senate Daily those with whom she worked. sider an original resolution authorizing Digest will prepare this information for expenditures by the committee during Dr. Benjamin E. Mays often said: ‘‘You printing in the Extensions of Remarks the 114th Congress, and committee make your living by what you get, you make section of the CONGRESSIONAL RECORD rules of procedure. your life by what you give.’’ We are so grateful on Monday and Wednesday of each SR–428A that Ms. Warren has given her time and tal- week. 2:30 p.m. ents to serving as a connection between the Meetings scheduled for Thursday, Committee on Homeland Security and Army and the Congress of the greatest nation January 22, 2015 may be found in the Governmental Affairs in the world. A woman of great integrity, her Daily Digest of today’s RECORD. To hold hearings to examine protecting efforts, her dedication, and her expertise are America from cyber attacks, focusing unparalleled. Capitol Hill shined a little brighter MEETINGS SCHEDULED on the importance of information shar- because of Ms. Gail Warren. JANUARY 27 ing. SD–342 9:30 a.m. Ms. Warren has accomplished much in her Committee on Indian Affairs life but none of it would be possible without Committee on Armed Services To hold hearings to examine global chal- Organizational business meeting to con- the love and support of her three children, lenges and U.S. national security strat- sider selection of the Chairman and Crystal, Kevin and Courtney, and her four egy. Vice Chairman of the Committee, com- grandchildren Javon, Derrick, Jabarie, and SD–G50 mittee rules of procedure, and an origi- Diego. 10 a.m. nal resolution authorizing expenditures by the committee during the 114th Con- Mr. Speaker, I ask my colleagues to join me Committee on Banking, Housing, and Urban Affairs gress; to be immediately followed by an in extending our sincerest appreciation and To hold hearings to examine perspectives oversight hearing to examine Indian best wishes to Ms. Gail Warren upon the oc- on the strategic necessity of Iran sanc- country priorities for the 114th Con- casion of her retirement from an outstanding tions. gress. career in civil service. SD–538 SD–628

VerDate Sep 11 2014 05:35 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.025 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS E96 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2015 4 p.m. JANUARY 29 timing of Department of Energy deci- Committee on Agriculture, Nutrition, and 10 a.m. sions to approve or deny applications Forestry Committee on Banking, Housing, and to export natural gas. Organizational business meeting to con- Urban Affairs SD–366 sider an original resolution authorizing Business meeting to consider an original Committee on Health, Education, Labor, expenditures by the Committee, rules bill entitled, ‘‘Nuclear Weapon Free and Pensions of procedure for the 114th Congress, and Iran Act of 2015’’. To hold hearings to examine employer subcommittee assignments. SD–538 wellness programs, focusing on better SR–328A Committee on Energy and Natural Re- health outcomes and lower costs. sources SD–430 To hold hearings to examine S. 33, to provide certainty with respect to the

VerDate Sep 11 2014 04:55 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M21JA8.000 E21JAPT1 smartinez on DSK4TPTVN1PROD with REMARKS Wednesday, January 21, 2015 Daily Digest Senate mous-consent agreement was reached providing that Chamber Action the amendment, having failed to achieve 60 affirma- Routine Proceedings, pages S301–S366 tive votes, the amendment was not agreed to.) Measures Introduced: Thirty-one bills and four res- Pages S311, S328–29 olutions were introduced, as follows: S. 200–230, By 54 yeas to 45 nays (Vote No. 9), Murkowski S.J. Res. 4–5, and S. Res. 31–32. Pages S347–48 (for Toomey) Amendment No. 41 (to Amendment Measures Reported: No. 2), to continue cleaning up fields and streams while protecting neighborhoods, generating afford- H.R. 203, to direct the Secretary of Veterans Af- able energy, and creating jobs. (A unanimous-con- fairs to provide for the conduct of annual evaluations sent agreement was reached providing that the of mental health care and suicide prevention pro- amendment, having failed to achieve 60 affirmative grams of the Department of Veterans Affairs, to re- votes, the amendment was not agreed to.) quire a pilot program on loan repayment for psychia- trists who agree to serve in the Veterans Health Ad- Pages S311, S329–30 ministration of the Department of Veterans Affairs. By 59 yeas to 40 nays (Vote No. 11), Hoeven S. Res. 31, authorizing expenditures by the Com- Modified Amendment No. 87 (to Amendment No. mittee on Environment and Public Works. 2), to express the sense of Congress regarding cli- mate change. (A unanimous-consent agreement was S. Res. 32, authorizing expenditures by the Com- reached providing that the amendment, having failed mittee on Veterans’ Affairs. Page S347 to achieve 60 affirmative votes, the amendment was Measures Considered: not agreed to.) Pages S311, S331 Keystone XL Pipeline—Agreement: Senate con- By 50 yeas to 49 nays (Vote No. 12), Schatz tinued consideration of S. 1, to approve the Keystone Amendment No. 58 (to Amendment No. 2), to ex- XL Pipeline, taking action on the following amend- press the sense of Congress regarding climate change. ments proposed thereto: Pages S311–38 (A unanimous-consent agreement was reached pro- Adopted: viding that the amendment, having failed to achieve By 98 yeas to 1 nay (Vote No. 10), Whitehouse 60 affirmative votes, the amendment was not agreed Amendment No. 29 (to Amendment No. 2), to ex- to.) Pages S311, S331 press the sense of the Senate that climate change is Pending: real and not a hoax. (A unanimous-consent agree- Murkowski Amendment No. 2, in the nature of ment was reached providing that the amendment, a substitute. Page S311 having achieved 60 affirmatives votes, be agreed to.) Fischer Amendment No. 18 (to Amendment No. Pages S311, S330 2), to provide limits on the designation of new fed- Rejected: erally protected land. Page S311 By 54 yeas to 45 nays (Vote No. 7), Murkowski Sanders Amendment No. 24 (to Amendment No. (for Lee) Amendment No. 33 (to Amendment No. 2), to express the sense of Congress regarding cli- 2), to conform citizen suits under the Endangered mate change. Pages S331–32 Species Act of 1973. (A unanimous-consent agree- Vitter/Cassidy Modified Amendment No. 80 (to ment was reached providing that the amendment, Amendment No. 2), to provide for the distribution having failed to achieve 60 affirmative votes, the of revenues from certain areas of the outer Conti- amendment was not agreed to.) Pages S311, S328 nental Shelf. Pages S332–33 By 41 yeas to 58 nays (Vote No. 8), Durbin Menendez/Cantwell Amendment No. 72 (to Amendment No. 69 (to Amendment No. 2), to en- Amendment No. 2), to ensure private property can- sure that the storage and transportation of petroleum not be seized through condemnation or eminent do- coke is regulated in a manner that ensures the pro- main for the private gain of a foreign-owned busi- tection of public and ecological health. (A unani- ness entity. Pages S333–35 D45

VerDate Sep 11 2014 07:23 Nov 18, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD15\JAN 15\D21JA5.REC D21JA5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D46 CONGRESSIONAL RECORD — DAILY DIGEST January 21, 2015 Wyden Amendment No. 27 (to Amendment No. mony from Brent Scowcroft, The Scowcroft Group, 2), to amend the Internal Revenue Code of 1986 to and Zbigniew K. Brzezinski, Center for Strategic clarify that products derived from tar sands are crude and International Studies, both a former U.S. Na- oil for purposes of the Federal excise tax on petro- tional Security Advisor, both of Washington, DC. leum. Pages S335–36 PROTECTING THE INTERNET AND Lee Amendment No. 71 (to Amendment No. 2), CONSUMERS to require a procedure for issuing permits to drill. Pages S336–38 Committee on Commerce, Science, and Transportation: Murkowski (for Blunt/Inhofe) Amendment No. 78 Committee concluded a hearing to examine pro- (to Amendment No. 2), to express the sense of the tecting the Internet and consumers through Congres- Senate regarding the conditions for the President en- sional action, after receiving testimony from Mere- tering into bilateral or other international agree- dith Attwell Baker, CTIA—The Wireless ments regarding greenhouse gas emissions without Assocation, Gene Kimmelman, Public Knowledge, proper study of any adverse economic effects, includ- Robert M. McDowell, Wiley Rein LLP, Paul ing job losses and harm to the industrial sector, and Misener, Amazon.com, and Nicol E. Turner-Lee, without the approval of the Senate. Page S338 Multicultural Media, Telecom and Internet Council, A unanimous-consent agreement was reached pro- all of Washington, DC; and W. Tom Simmons, viding for further consideration of the bill at ap- Midcontinent Communications, Sioux Falls, South proximately 10:30 a.m., on Thursday, January 22, Dakota. 2015. Page S365 BUSINESS MEETING Message from the President: Senate received the Committee on Environment and Public Works: Com- following message from the President of the United mittee ordered favorably reported an original resolu- States: tion (S. Res. 31) authorizing expenditures by the Transmitting, pursuant to law, a report on the Committee, and adopted its rules of procedure for continuation of the national emergency that was the 114th Congress. originally declared on January 23, 1995, with re- spect to foreign terrorists who threaten to disrupt IRAN NUCLEAR NEGOTIATIONS the Middle East peace process; which was referred to Committee on Foreign Relations: Committee concluded the Committee on Banking, Housing, and Urban a hearing to examine Iran nuclear negotiations, fo- Affairs. (PM–2) Page S344 cusing on the status of talks and the role of Con- Executive Communications: Pages S344–47 gress, after receiving testimony from Antony Blinken, Deputy Secretary of State; and David S. Additional Cosponsors: Pages S348–49 Cohen, Under Secretary of the Treasury for Ter- Statements on Introduced Bills/Resolutions: rorism and Financial Intelligence. Pages S349–53 NO CHILD LEFT BEHIND Additional Statements: Pages S342–44 Committee on Health, Education, Labor, and Pensions: Amendments Submitted: Pages S353–64 Committee concluded a hearing to examine No Authorities for Committees to Meet: Page S365 Child Left Behind, focusing on testing and account- Record Votes: Six record votes were taken today. ability, after receiving testimony from Paul Leather, New Hampshire Department of Education Deputy (Total—12) Pages S328–31 Commissioner of Education, Concord; Martin R. Adjournment: Senate convened at 9:30 a.m. and West, Harvard Graduate School of Education, Cam- adjourned at 6:58 p.m., until 9:30 a.m. on Thurs- bridge, Massachusetts; Tom Boasberg, Denver Public day, January 22, 2015. (For Senate’s program, see Schools, Denver, Colorado; Jia Lee, The Earth the remarks of the Majority Leader in today’s Record School, and Stephen Lazar, Harvest Collegiate High on page S365.) School, both of New York, New York; and Wade Henderson, The Leadership Conference on Civil and Committee Meetings Human Rights, Washington, DC.

(Committees not listed did not meet) NOMINATIONS Committee on the Judiciary: Committee concluded a U.S. NATIONAL SECURITY STRATEGY hearing to examine the nominations of Michelle K. Committee on Armed Services: Committee concluded a Lee, of California, to be Under Secretary of Com- hearing to examine global challenges and United merce for Intellectual Property and Director of the States national security strategy, after receiving testi- United States Patent and Trademark Office, Daniel

VerDate Sep 11 2014 05:52 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21JA5.REC D21JAPT1 rfrederick on DSK6SPTVN1PROD with DIGEST January 21, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D47 Henry Marti, of Virginia, to be Intellectual Property BUSINESS MEETING Enforcement Coordinator, Executive Office of the Committee on Veterans’ Affairs: Committee ordered President, and Alfred H. Bennett, George C. Hanks, favorably reported the following business items: Jr., and Jose Rolando Olvera, Jr., all to be a United An original resolution (S. Res. 32) authorizing ex- States District Judge for the Southern District of penditures by the Committee, and adopted its rules Texas, who were all introduced by Senator Cornyn, of procedure for the 114th Congress; and and Jill N. Parrish, to be United States District H.R. 203, to direct the Secretary of Veterans Af- Judge for the District of Utah, who was introduced fairs to provide for the conduct of annual evaluations by Senator Lee, after the nominees testified and an- of mental health care and suicide prevention pro- swered questions in their own behalf. grams of the Department of Veterans Affairs, to re- quire a pilot program on loan repayment for psychia- trists who agree to serve in the Veterans Health Ad- ministration of the Department of Veterans Affairs; h House of Representatives instructions to report the same back to the House Chamber Action forthwith with an amendment, by a yea-and-nay vote Public Bills and Resolutions Introduced: 41 pub- of 182 yeas to 241 nays, Roll No. 40. Pages H458–59 lic bills, H.R. 7, 20, 423–461; 1 private bill, H.R. H. Res. 38, the rule providing for consideration 462; and 8 resolutions, H.J. Res. 23–25; H. Con. of the bills (H.R. 161) and (H.R. 36), was agreed Res. 8; and H. Res. 39–41, 43 were introduced. to by a recorded vote of 238 ayes to 181 noes, Roll Pages H477–82 No. 39, after the previous question was ordered by Additional Cosponsors: Page H482 a yea-and-nay vote of 238 yeas to 182 nays, Roll Report Filed: A report was filed today as follows: No. 38. Pages H443–53 H. Res. 42, providing for consideration of the bill Committee Elections: The House agreed to H. Res. (H.R. 7) to prohibit taxpayer funded abortions (H. 40, electing Members to certain standing commit- Rept. 114–4). Page H477 tees of the House of Representatives. Page H460 Speaker: Read a letter from the Speaker wherein he Meeting Hour: Agreed by unanimous consent that appointed Representative McClintock to act as when the House adjourns today, it adjourn to meet Speaker pro tempore for today. Page H433 at 9 a.m. tomorrow, January 22. Page H462 Recess: The House recessed at 10:40 a.m. and re- Governing Board of the Office of Congressional convened at 12 noon. Page H440 Ethics—Reappointment: The Chair announced the Guest Chaplain: The prayer was offered by the Speaker’s reappointment of the following individuals Guest Chaplain, Most Reverend Richard Pates to serve as the Governing Board of the Office of Bishop of the Diocese of Des Moines, Des Moines, Congressional Ethics, pursuant to section 4(d) of H. Iowa. Page H440 Res. 5, 114th Congress, and the order of the House Committee Elections: The House agreed to H. Res. of January 6, 2015: Nominated by the Speaker with 39, electing Members to certain standing commit- the concurrence of the Minority Leader: Mr. Porter tees of the House of Representatives. Page H443 J . Goss of Florida, Chairman; Mr. James M. Eagen Natural Gas Pipeline Permitting Reform Act: III of Colorado; Ms. Allison R. Hayward of Virginia; The House passed H.R. 161, to provide for the and Ms. Judy Biggert of Illinois, Alternate. Nomi- timely consideration of all licenses, permits, and ap- nated by the Minority Leader with the concurrence provals required under Federal law with respect to of the Speaker: Mr. David Skaggs of Colorado, Co- the siting, construction, expansion, or operation of Chairman; Brigadier General (retired) Belinda Pinck- any natural gas pipeline projects, by a yea-and-nay ney of Virginia; Ms. Karan English of Arizona; and vote of 253 yeas to 169 nays, Roll No. 41. Mr. Mike Barnes of Maryland, Alternate. Page H462 Pages H453–60 Recess: The House recessed at 5:36 p.m. and recon- Rejected the Pallone motion to recommit the bill vened at 9:50 p.m. Page H472 to the Committee on Energy and Commerce with

VerDate Sep 11 2014 05:52 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21JA5.REC D21JAPT1 rfrederick on DSK6SPTVN1PROD with DIGEST D48 CONGRESSIONAL RECORD — DAILY DIGEST January 21, 2015 Presidential Message: Read a message from the MISCELLANEOUS MEASURE President wherein he notified Congress that the na- Committee on Homeland Security: Full Committee held tional emergency declared with respect to foreign a markup on H.R. 399, the ‘‘Secure Our Borders terrorists who threaten to disrupt the Middle East First Act of 2015’’. H.R. 399 was ordered reported, peace process is to continue in effect beyond January as amended. 23, 2015 ’’referred to the Committee on Foreign Af- fairs and ordered to be printed (H. Doc. 114–5). ORGANIZATIONAL MEETING; Page H460 MISCELLANEOUS MEASURES Quorum Calls Votes: Three yea-and-nay votes and Committee on the Judiciary: Full Committee held an one recorded vote developed during the proceedings organizational meeting for the 114th Congress and of today and appear on pages H452, H452–53, a markup on H.R. 181, the ‘‘Justice for Victims of H459 and H459–60. There were no quorum calls. Trafficking Act of 2015’’; H.R. 350, to direct the Adjournment: The House met at 10 a.m. and ad- Interagency Task Force to Monitor and Combat journed at 9:51 p.m. Trafficking to identify strategies to prevent children from becoming victims of trafficking and review trafficking prevention efforts, to protect and assist in Committee Meetings the recovery of victims of trafficking, and for other ORGANIZATIONAL MEETING purposes; H.R. 159, the ‘‘Stop Exploitation Through Trafficking Act of 2015’’; and H.R. 285, to amend Committee on Education and the Workforce: Full Com- title 18, United States Code, to provide a penalty for mittee held an organizational meeting for the 114th knowingly selling advertising that offers certain Congress. The committee rules and oversight plan commercial sex acts. The committee adopted its were adopted. rules and subcommittee assignments. The following PROTECTING THE INTERNET AND bills were ordered reported, without amendment: CONSUMERS THROUGH CONGRESSIONAL H.R. 159; H.R. 181; H.R. 285; H.R. 350. ACTION NO TAXPAYER FUNDING FOR ABORTION Committee on Energy and Commerce: Subcommittee on AND ABORTION INSURANCE FULL Communications and Technology held a hearing en- DISCLOSURE ACT OF 2015 titled ‘‘Protecting the Internet and Consumers Through Congressional Action’’. Testimony was Committee on Rules: Full Committee held a hearing on heard from public witnesses. H.R. 7, the ‘‘No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015’’. A PERMANENT SOLUTION TO THE SGR: The committee granted, by record vote of 7–1, a THE TIME IS NOW closed rule for H.R. 7. The rule provides one hour Committee on Energy and Commerce: Subcommittee on of debate equally divided and controlled by the Ma- Health began a hearing entitled ‘‘A Permanent Solu- jority Leader and the Minority Leader or their re- tion to the SGR: The Time Is Now’’. Testimony was spective designees. The rule waives all points of heard from public witnesses. order against consideration of the bill. The rule pro- vides that the bill shall be considered as read. The ORGANIZATIONAL MEETING rule waives all points of order against provisions in Committee on Financial Services: Full Committee held the bill. The rule provides one motion to recommit. an organizational meeting for the 114th Congress. Testimony was heard from Representative Smith of The committee adopted its oversight plan. New Jersey. ORGANIZATIONAL MEETING UNMANNED AERIAL SYSTEMS RESEARCH Committee on Foreign Affairs: Full Committee held an AND DEVELOPMENT organizational meeting for the 114th Congress. The Committee on Science, Space, and Technology: Full Com- committee adopted its rules, oversight plan, and list mittee held a hearing entitled ‘‘Unmanned Aerial of Committee professional staff. Systems Research and Development’’. Testimony was heard from Ed Waggoner, Director, Integrated Sys- ORGANIZATIONAL MEETING tems Research Program, Aeronautics Research Mis- Committee on Homeland Security: Full Committee held sion Directorate, National Aeronautics and Space an organizational meeting for the 114th Congress. Administration; James Williams, Manager, UAS In- The committee adopted its rules, oversight plan, and tegration Office, Aviation Safety Organization, Fed- staff hiring resolution. eral Aviation Administration; and public witnesses.

VerDate Sep 11 2014 05:52 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21JA5.REC D21JAPT1 rfrederick on DSK6SPTVN1PROD with DIGEST January 21, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D49 FAA REAUTHORIZATION: REFORMING Committee on Energy and Natural Resources: organizational AND STREAMLINING THE FAA’S business meeting to consider an original resolution au- REGULATORY CERTIFICATION PROCESSES thorizing expenditures by the committee during the 114th Congress, 9:30 a.m., SD–366. Committee on Transportation and Infrastructure: Full Committee on Finance: to hold hearings to examine jobs Committee held a hearing entitled ‘‘FAA Reauthor- and a healthy economy; to be immediately followed by ization: Reforming and Streamlining the FAA’s Reg- an organizational business meeting to consider committee ulatory Certification Processes’’. Testimony was rules of procedure, 10 a.m., SD–215. heard from Chris Hart, Acting Chairman, National Committee on Health, Education, Labor, and Pensions: to Transportation Safety Board; Dorenda Baker, Direc- hold hearings to examine job-based health insurance and tor, Aircraft Certification Service, Federal Aviation defining full-time work, 9:30 a.m., SD–430. Administration; Gerald Dillingham, Director of Committee on Homeland Security and Governmental Affairs: Civil Aviation Issues, Government Accountability organizational business meeting to consider an original Office; and public witnesses. resolution authorizing expenditures by the committee ORGANIZATIONAL MEETING; BUILDING A during the 114th Congress, committee rules of procedure, BETTER VA: ASSESSING ONGOING MAJOR and the nominations of Russell C. Deyo, of New Jersey, CONSTRUCTION MANAGEMENT PROBLEMS to be Under Secretary of Homeland Security for Manage- WITHIN THE DEPARTMENT ment, Earl L. Gay, of the District of Columbia, to be Deputy Director of the Office of Personnel Management, Committee on Veterans’ Affairs: Full Committee held and Michael D. Kennedy, of Georgia, and David Avren an organizational meeting for the 114th Congress Jones, of Connecticut, both to be a Member of the Fed- and a hearing entitled ‘‘Building a Better VA: As- eral Retirement Thrift Investment Board, 10 a.m., sessing Ongoing Major Construction Management SD–342. Problems within the Department’’. The committee Committee on the Judiciary: organizational business meet- adopted resolutions to approve: committee rules; ing to consider an original resolution authorizing expend- ratio of subcommittees; majority subcommittee itures by the committee during the 114th Congress, sub- chairmen and vice-chairman; ranking members of committee assignments, committee rules of procedure, each subcommittee; majority membership of the and the nominations of Michael Greco, to be United subcommittees; minority membership of the sub- States Marshal for the Southern District of New York, committees; committee staff; and the committee and Ronald Lee Miller, to be United States Marshal for oversight plan. Testimony was heard from Sloan D. the District of Kansas, both of the Department of Justice, Michael P. Botticelli, of the District of Columbia, to be Gibson, Deputy Secretary, Department of Veterans Director of National Drug Control Policy, and Jeanne E. Affairs; Lloyd C. Caldwell, P.E. Director of Military Davidson, of Maryland, to be a Judge of the United Programs, U.S. Army Corps of Engineers; David States Court of International Trade, 10 a.m., SD–226. Wise, Director, Physical Infrastructure Issues, Gov- Select Committee on Intelligence: to receive a closed brief- ernment Accountability Office; and public witnesses. ing on certain intelligence matters, 2:30 p.m., SH–219. ORGANIZATIONAL MEETING House Committee on Ways and Means: Full Committee held an organizational meeting for the 114th Congress. Committee on Agriculture, Full Committee, organizational The committee adopted its rules and oversight plan. meeting for the 114th Congress, 10 a.m., 1300 Long- worth. Committee on the Budget, Full Committee, organizational Joint Meetings meeting for the 114th Congress, 9:30 a.m., 210 Cannon. No joint committee meetings were held. Committee on Energy and Commerce, Subcommittee on En- f vironment and the Economy, hearing entitled ‘‘EPA’s 2014 Final Rule: Disposal of Coal Combustion Residuals COMMITTEE MEETINGS FOR THURSDAY, from Electric Utilities’’, 10 a.m., 2123 Rayburn. JANUARY 22, 2015 Subcommittee on Health, hearing entitled ‘‘A Perma- (Committee meetings are open unless otherwise indicated) nent Solution to the SGR: The Time Is Now’’, 10:15 a.m., 2322 Rayburn. Senate Committee on Veterans’ Affairs, Subcommittee on Dis- Committee on Armed Services: to receive a closed briefing ability Assistance and Memorial Affairs, hearing entitled on training and equipping the vetted Syrian opposition, ‘‘Veterans’ Dilemma: Navigating the Appeals System for 9:30 a.m., SVC–217. Veterans Claims’’, 10:30 a.m., 340 Cannon.

VerDate Sep 11 2014 05:52 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21JA5.REC D21JAPT1 rfrederick on DSK6SPTVN1PROD with DIGEST D50 CONGRESSIONAL RECORD — DAILY DIGEST January 21, 2015

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, January 22 9 a.m., Thursday, January 22

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 7—Pro- morning business (not to extend beyond one hour), Senate hibiting taxpayer funded abortions (Subject to a Rule). will continue consideration of S. 1, Keystone XL Pipe- line.

Extensions of Remarks, as inserted in this issue.

HOUSE Gallego, Ruben, Ariz., E93 Olson, Pete, Tex., E88, E90, E91, E93, E94, E95 Grayson, Alan, Fla., E91 Pingree, Chellie, Me., E94 Bishop, Sanford D., Jr., Ga., E95 Green, Gene, Tex., E91 Poe, Ted, Tex., E87, E91 Brownley, Julia, Calif., E89 Lee, Barbara, Calif., E92 Ruiz, Raul, Calif., E88 Cartwright, Matt, Pa., E94 Lipinski, Daniel, Ill., E87 Schakowsky, Janice D., Ill., E92 Cicilline, David N., R.I., E88 Luetkemeyer, Blaine, Mo., E87 Clarke, Yvette D., N.Y., E90 MacArthur, Thomas, N.J., E87 Smith, Adam, Wash., E94 Coffman, Mike, Colo., E89 Marchant, Kenny, Tex., E93 Thompson, Bennie G., Miss., E89 Cohen, Steve, Tenn., E89, E90, E92 Messer, Luke, Ind., E89 Webster, Daniel, Fla., E87

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 05:52 Jan 22, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D21JA5.REC D21JAPT1 rfrederick on DSK6SPTVN1PROD with DIGEST