Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, SECOND SESSION

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

Vol. 160 WASHINGTON, TUESDAY, DECEMBER 2, 2014 No. 145 House of Representatives The House met at 10 a.m. and was with long memories who seek to punish who has been a tireless champion for called to order by the Speaker pro tem- those who helped us. justice for these Afghan and Iraqi na- pore (Mr. STEWART). Yesterday’s Wall Street Journal had tionals, in directing a letter to our f a front-page story about an Iraqi fam- friends on the Appropriations Com- ily that is caught in the bureaucratic mittee asking that they, like last year, DESIGNATION OF SPEAKER PRO pipeline for the families seeking safety authorize urgently needed Afghan SIVs TEMPORE after years of service and now facing in the end-of-the-year appropriations The SPEAKER pro tempore laid be- intense threats against them. package that we will soon have here on fore the House the following commu- There was a recent HBO feature by the floor. nication from the Speaker: comedian John Oliver on his program, We have stepped up before, but we ‘‘Last Week Tonight,’’ that, in graphic, need to avoid this Special Immigrant WASHINGTON, DC, Visa roulette so that these people are December 2, 2014. satirical, somewhat profane terms, cap- I hereby appoint the Honorable CHRIS tured the essence of the bureaucratic not in limbo, or, worse, resigned to the STEWART to act as Speaker pro tempore on nightmare faced by thousands in Iraq hell inflicted on them by the Taliban in this day. and Afghanistan. They and their fam- Afghanistan. JOHN A. BOEHNER, ily members are at risk of being as- Even with the leadership of the Speaker of the House of Representatives. saulted, kidnapped, tortured, raped, or Armed Services Committee, we will f killed simply because they were there still fall short of upholding our commitments for a need as great as 9,000 MORNING-HOUR DEBATE helping Americans. We are seeing some progress. I deeply visas for Afghanistan alone. That is The SPEAKER pro tempore. Pursu- appreciate the tireless efforts of Chair- why our appropriators must help shoul- der the responsibility, and they need to ant to the order of the House of Janu- man BUCK MCKEON, Ranking Member hear from us, every Member of Con- ary 7, 2014, the Chair will now recog- ADAM SMITH, and their staff, the work nize Members from lists submitted by on the National Defense Authorization gress. It is our moral obligation to take ac- the majority and minority leaders for Act, which will help us uphold commit- tion to protect, not just those people, morning-hour debate. ments to our Afghan allies. but the security interests of the United The Chair will alternate recognition However, all of us in Congress have a States. It is not just their innocent between the parties, with each party responsibility, and there is an oppor- lives that are at stake. Think about limited to 1 hour and each Member tunity for all of us to step up and help the trust that is going to be necessary other than the majority and minority this desperate situation. Over the last 7 when we need help in the future from leaders and the minority whip limited years, it has been a battle to have foreign nationals for our soldiers, our to 5 minutes, but in no event shall de- America honor its obligations by effec- bate continue beyond 11:50 a.m. diplomats, and our aid workers. tively implementing this Special Im- Let’s sign the letter. Let’s all detail f migrant Visa program authorized by someone on every staff to pay atten- Congress to help those who helped us tion to this issue. Add our voices. It is SPECIAL IMMIGRANT VISA to escape. PROGRAM being done by the Armed Services We are seeing the results of many on Committee. Help the Appropriations The SPEAKER pro tempore. The this floor who encourage the State De- Committee in this next critical step. Chair recognizes the gentleman from partment to more aggressively imple- It should not be left to a comedian Oregon (Mr. BLUMENAUER) for 5 min- ment this Special Immigration Visa like John Oliver, God bless him, to utes. program. The Afghan program went carry this banner alone. Sign the let- Mr. BLUMENAUER. Mr. Speaker, from an embarrassing 32 visas for all of ter, speak out, take up the cause. one of our responsibilities in this Con- 2012 to an average of 400 each month We must not fail those who are at gress is to protect the men and women this year. This is due to enhanced over- risk only because they believed our from Iraq and Afghanistan who put sight and pressure and cooperation promises and they helped Americans in their lives on the line to assist the from Congress. The program is now some of the most difficult cir- United States. functioning at a level that almost al- cumstances we have ever asked our sol- Thousands of Afghans and Iraqis who lows us to keep our promises to our al- diers, diplomats, and aid workers to helped us as guides, as interpreters, lies. face. must not be left to the tender mercies One thing we all can do is to join me This is a failure we can avoid, and we of al Qaeda, the Taliban, and others and my colleague, ADAM KINZINGER, can end this Congress on a positive

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.

H8227

VerDate Sep 11 2014 23:50 Dec 02, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.000 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8228 CONGRESSIONAL RECORD — HOUSE December 2, 2014 note that can make everybody feel bet- (Mr. TURNER) is recognized for 1 FUNDING FOR ALZHEIMER’S ter as we approach the holiday season. minute. DISEASE RESEARCH There was no objection. f (Mr. QUIGLEY asked and was given Mr. TURNER. Mr. Speaker, I am hon- permission to address the House for 1 RECESS ored to welcome my good friend Pastor minute and to revise and extend his re- David Gray as our guest chaplain The SPEAKER pro tempore. Pursu- marks.) ant to clause 12(a) of rule I, the Chair today. Born in Dayton, Ohio, Pastor Gray Mr. QUIGLEY. Mr. Speaker, I rise declares the House in recess until noon today in support of funding for Alz- today. grew up active in the Presbyterian church and has gone on to lead a dis- heimer’s disease research. Accordingly (at 10 o’clock and 6 min- Alzheimer’s is a particularly dev- utes a.m.), the House stood in recess. tinguished life of service. Holding both a law degree and a doc- astating disease both for the patients f torate of ministry, Pastor Gray is a and their families. Families watch their loved ones effectively disappear b 1200 former public servant, having served as a staffer in the Senate and a true spir- before their eyes. There are currently AFTER RECESS itual leader that has helped numerous more than 5 million Americans suf- The recess having expired, the House individuals and families grow in their fering from this disease, with one was called to order by the Speaker pro relationship with God. American being diagnosed every 67 sec- tempore (Mr. GARDNER) at noon. Currently, Pastor Gray serves as the onds. We must take preventive actions to f head pastor at Bradley Hills Church and resides in Bethesda, Maryland, address the growing population of Alz- PRAYER with his wife, Bridget, and their four heimer’s patients in this country. In Reverend Dr. David Gray, Bradley children. the fiscal year 2015 appropriations Hills Presbyterian Church, Bethesda, On behalf of the United States Con- process, I urge my colleagues to sup- Maryland, offered the following prayer: gress and the people of his hometown port increased funding for this re- Gracious God, Your love is never end- in my district of the 10th Congressional search. This research will help find ing. In these hallowed Halls, Your sov- District of Ohio, I want to thank Pas- ways to prevent, treat, and even slow ereign spirit comes to us, calms us, tor Gray for his commitment to his the progression of the disease, helping calls us, and infuses us with Your faith and for opening the House today to ease the burden on patients, care- grace. with his prayer. givers, and the Medicare system. Give us strength this day to look out- f Congress must continue its commit- side ourselves for the opportunities ment to fight against Alzheimer’s by ANNOUNCEMENT BY THE SPEAKER providing this crucial funding. which come from connection and col- PRO TEMPORE laboration. Give us faith to bring our f best selves and to seek Your will. Give The SPEAKER pro tempore. The ECONOMY us confidence that solutions can be Chair will entertain up to 15 further re- found and problems solved. quests for 1-minute speeches on each (Ms. FOXX asked and was given per- Grant us gratitude for the trust side of the aisle. mission to address the House for 1 placed in us, for the privilege of living f minute.) in this free land, and for Your presence CALIFORNIA ABORTION MANDATE Ms. FOXX. Mr. Speaker, many North Carolina families know all too well of here with us. Allow us to rest in and (Mr. PITTS asked and was given per- the struggle to find a job and pay the rely on Your hope-filled spirit. mission to address the House for 1 bills. Some are facing these challenges Loving God, we ask Your blessing minute and to revise and extend his re- right now, and we all have family upon this body and all who gather here. marks.) members, neighbors, or friends who are Help us to receive Your assurance, Mr. PITTS. Mr. Speaker, we have facing hard choices to make ends meet. Your encouragement, Your wisdom, seen this administration casually ig- Back home, I am often asked what and Your inspiration for the tasks to nore the law when it comes to immi- Congress is doing to help people back which we have been called. We pray gration, EPA regs, and ObamaCare. to work and restore opportunity for ev- this day. Now, we are going to see whether they eryone. Amen. ignore the law when it comes to forcing For the last 2 years, the House has f churches in California to pay for abor- passed numerous pieces of legislation THE JOURNAL tion. For many years now, Congress has to encourage job growth and strength- The SPEAKER pro tempore. The included language in the appropria- en America’s standing in the global Chair has examined the Journal of the tions bills that prohibits States from economy. We have also passed bills last day’s proceedings and announces forcing health insurance plans to cover that would decrease energy costs, that to the House his approval thereof. elective abortion: the Weldon amend- would allow workers to have more Pursuant to clause 1, rule I, the Jour- ment, named for my good friend and flexibility in order to spend time with nal stands approved. former colleague, Dr. Dave Weldon of their families, and that would increase transparency in how tax dollars are f Florida. Now, the State of California has spent. PLEDGE OF ALLEGIANCE issued a bureaucratic edict that every While Congress cannot create pros- The SPEAKER pro tempore. Will the health insurance plan in California reg- perity, we can work to ensure entre- gentleman from Pennsylvania (Mr. ulated by the State must pay for the preneurs and employers aren’t crushed PITTS) come forward and lead the procedure, and this includes even plans under red tape. The 114th Congress is a House in the Pledge of Allegiance. purchased by churches, religious fresh opportunity to help put more Mr. PITTS led the Pledge of Alle- schools, and charities. Americans back to work and to im- giance as follows: HHS must not hesitate to protect the prove our economy. I look forward to I pledge allegiance to the Flag of the right of Americans to prevent their working with the new majority in the United States of America, and to the Repub- health care dollars from going to some- Senate to accomplish those goals. lic for which it stands, one nation under God, thing they find to be profoundly im- f indivisible, with liberty and justice for all. moral. The agency is required to in- CONGRESS HAS YET TO TAKE UP f form the State of California of this violation and remind them that they risk THE BIG QUESTIONS FACING THE WELCOMING REVEREND DR. DAVID the loss of Federal funds. AMERICAN PEOPLE GRAY There doesn’t need to be any delay (Mr. KILDEE asked and was given The SPEAKER pro tempore. Without from HHS. This is exactly why the permission to address the House for 1 objection, the gentleman from Ohio Weldon amendment was created. minute.)

VerDate Sep 11 2014 23:50 Dec 02, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.004 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8229 Mr. KILDEE. Mr. Speaker, here we minute and to revise and extend his re- ASSURING A NEW ERA BETWEEN are just a few days short of the end of marks.) CITIZENS AND POLICE the 113th Congress, and this Congress Mr. COSTA. Mr. Speaker, it is with (Ms. NORTON asked and was given has yet to take up the big questions sadness that I rise today to honor the permission to address the House for 1 life of former Congressman John Krebs. facing the American people. minute and to revise and extend her re- We are 10 days away from a budget John was a close friend and a mentor. marks.) deadline, and there is still talk among As a young immigrant to the United Ms. NORTON. Mr. Speaker, a new some on the other side of using the States from Tel Aviv, John was able to sanctity of the budget—the economy of live the American Dream and much generation of young people of every this country—as a tool to fight against more. He serves as an inspiration for race is demonstrating nonviolently to actions taken by this President that all of those who knew him. make sure that the larger meaning of the Congress, itself, is unwilling to John served in the United States the Michael Brown tragedy is not lost. take up. House of Representatives from 1975 to His death has become much more Rather than taking up unemploy- 1979. One of his proudest legislative ac- than a moment of anguish. Michael ment insurance, for example, despite complishments was incorporating the Brown has crystallized the painful ex- the fact that we have seen a significant Mineral King Valley into the Sequoia perience that had found no outlet until reduction in unemployment across the National Park. now: the routine stops of Black men by country—in my home State, unemploy- In 2009, President Obama recognized police in the streets of our country be- ment is still above 7 percent—we John for his efforts, and he signed leg- cause of the color of their skin. haven’t taken that up. islation establishing the John Krebs The body-mounted cameras, an- Instead of taking up the jobs pro- Wilderness area which covers 40,000 nounced by the President yesterday, gram, like our Make It In America acres within Mineral King Valley. are a good and practical beginning. agenda, which would reenergize our Mr. Krebs was a community leader Let’s hope that local communities will manufacturing sector, we have set that and was active in the Democratic use this tragedy to assure a new era of aside and haven’t taken it up. Party, playing key roles in both local genuine collaboration that citizens Instead of taking up the very subject and statewide campaigns throughout need with the police who serve and pro- that has driven some to threaten to California. tect them. shut down government—comprehensive John will be greatly missed by his f immigration reform—we haven’t even wife, Hanna; by his son, Daniel, and his seen a bill come to the floor of the wife, Susan; by his daughter, Karen, b 1215 House—not the Senate bill, not an- and her husband, John; and by his NUCLEAR NEGOTIATIONS WITH other bill—that even the Republicans, grandchildren, Elizabeth, Caroline, IRAN themselves, could put together. Jack, Clay, and Peter. (Mrs. WAGNER asked and was given While we talk a good game about John’s strong values, work ethic, and permission to address the House for 1 being willing to take on these big ques- compassion for others were evident to minute and to revise and extend her re- tions, when it comes time to put some- all who knew him and were fortunate marks.) thing on the floor for us to legislate, to to work with him. It is with great re- Mrs. WAGNER. Mr. Speaker, I come vote on, we see no action at all. spect that I ask my colleagues in the to the floor today to speak about one f United States House of Representatives of our greatest national security chal- to honor the life of former Congress- UNESCO lenges: the threat of a nuclear-armed man John Krebs, my good friend. (Ms. ROS-LEHTINEN asked and was Iran. given permission to address the House f I am deeply troubled by the Obama for 1 minute and to revise and extend IN MEMORY OF EDWIN TUBBS administration’s recent 7-month exten- her remarks.) (Mr. THOMPSON of Pennsylvania sion of nuclear negotiations with Iran. Ms. ROS-LEHTINEN. Mr. Speaker, asked and was given permission to ad- The extension means that Iran will when UNESCO admitted a nonexistent dress the House for 1 minute and to re- continue to have access to $700 million State of Palestine to its membership, vise and extend his remarks.) a month in sanctions relief. it did so knowing U.S. law prohibits Mr. THOMPSON of Pennsylvania. Every day that we continue these funding to any entity at the U.N. that Mr. Speaker, today, the community of talks is another day given to Iran to grants the PLO the same status as Coudersport, Potter County, Pennsyl- develop a nuclear weapon. A nuclear- other member states. armed Iran would start a new arms The members of UNESCO also knew vania, will honor Private Edwin Frank- lin Tubbs, an American hero who sac- race in the Middle East and pose an in- that admitting the so-called Palestine tolerable threat to the national secu- would have a negative impact on the rificed his life in defense of our Nation rity of the United States and our allies, future of the Israeli-Palestinian peace during the Vietnam war. especially Israel. process; yet they enthusiastically wel- Private Tubbs was deployed to Viet- The House has passed H.R. 850, the comed Abu Mazen at UNESCO. nam on December 4, 1968. Just 5 weeks The only explanation for UNESCO’s later, on January 12, 1969, he was fa- Nuclear Iran Prevention Act, which willingness to allow these con- tally wounded as he set down his rifle would increase sanctions on the Ira- sequences to pass is that its members to assist a friend who was injured on nian regime. Now it is time for the view the delegitimizing of Israel as its the battlefield. United States Senate to do its part and mission. They view helping Abu Mazen With the dedication of the Private pass legislation that would impose ad- to unilaterally establish the de facto Edwin Tubbs Memorial at the West ditional sanctions on Iran. recognition for a Palestinian state as a Chestnut Street Bridge, followed by f one more dedication later this year, worthy means to an end. HANDS UP; DON’T SHOOT We must not only block any attempt Potter County will have memorialized by the administration to restore fund- all nine of the county’s Vietnam war (Mr. AL GREEN of Texas asked and ing to this entity which clearly has an casualties with specifically named was given permission to address the agenda opposite to America’s interests, bridges. House for 1 minute and to revise and but we must also work to block Abu On behalf of this community, I offer extend his remarks.) Mazen’s attempts at the U.N. to bypass my thoughts and prayers as we reflect Mr. AL GREEN of Texas. Mr. Speak- his obligations to Israel by continuing on the unique life and selfless service er, on Sunday, November 30, we had a his unilateral statehood scheme. of Private Tubbs. While there is noth- seminal moment occur in the history ing that can be done or said to elimi- of our country. When those football f nate the sense of loss felt by family players came out and held their hands HONORING THE LIFE OF FORMER members and friends, today’s dedica- up, they were speaking to the masses; CONGRESSMAN JOHN KREBS tion is one small token of appreciation and they were using these words, (Mr. COSTA asked and was given per- for this hero’s honored service to our ‘‘Hands up; don’t shoot,’’ in this sym- mission to address the House for 1 country. bolism.

VerDate Sep 11 2014 23:50 Dec 02, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.006 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8230 CONGRESSIONAL RECORD — HOUSE December 2, 2014 I believe so strongly in what they This election saw the worst voter rule to pass TRIA, I think it is impor- have done that I will have flags flown turnout in 72 years because Americans tant to note that the House has waived over the Capitol of the United States of didn’t think we could get anything it 18 times; and we traditionally waive America in honor of each of those play- done for them. Let’s show that we can. it for emergency spending, which is ers, and I will pay for the flags with my I hope we will use the remaining weeks what TRIA is: spending in the wake of personal U.S. dollars. in this Congress to show that we are a terrorist attack. I also want to mention something capable of delivering results to the Please come together and pass a that happened this morning on the American people. long-term reauthorization for our eco- Morning Joe show. The question was f nomic growth. posed: ‘‘What is wrong with these peo- f ple? Don’t they know that this is a ACHIEVING BETTER LIFE POLICE TRAINING lie?’’ meaning what happened in Fer- EXPERIENCE ACT guson in terms of the hands up; don’t (Mr. YODER asked and was given (Ms. JACKSON LEE asked and was shoot. permission to address the House for 1 given permission to address the House I want to tell you what is wrong with minute and to revise and extend his re- for 1 minute.) these people. These people refuse to ac- marks.) Ms. JACKSON LEE. Mr. Speaker, in cept an invidious whitewash. I will say Mr. YODER. Mr. Speaker, I rise the wake of Trayvon Martin’s tragic more about this tomorrow when I will today in strong support of the Achiev- death, the Nation waits. Young people have 5 minutes around 10 a.m. or some- ing Better Life Experience Act, com- wait. I could give a long litany. But time shortly thereafter, because I want monly known as the ABLE Act. certainly Michael Brown has galva- the American people to know that In our Nation, we believe that every- nized us from north to south, from east there are some people who are willing one should have the opportunity to re- to west. to take a stand. alize their dreams, that each American I stand with the young men, among many others, of the St. Louis Rams f should be able to have the tools and capabilities to build a bright future. Yet and the young people that I have seen WE MUST ACT NOW TO INCREASE millions of families in our country taking to the streets nonviolently, SANCTIONS ON IRAN struggle with the challenges of raising peacefully. Today I rise to thank them (Mr. MARCHANT asked and was children with special needs like autism and to applaud them as Americans de- given permission to address the House and Down syndrome. serving of honor and respect. But they for 1 minute.) The ABLE Act doesn’t put more bur- wait. So I believe that it is important Mr. MARCHANT. Mr. Speaker, I rise dens on the government or grow bu- that we work with those who are as- today to call attention to the adminis- reaucratic Federal programs; rather, it signed and in uniform to protect and tration’s recent decision to extend provides families with the opportunity serve. talks with Iran into 2015. Iran is simply to invest their own earnings in the care As a member of the House Judiciary stalling and buying time, time that we for their disabled children, like edu- Committee, I have stood alongside law and our closest ally in the region, cation, transportation, and other tools enforcement, but now it is important Israel, do not have. that help prepare their children for a that we realize that the system is not Many months ago, when sanctions future of independent living, without cracked but broken. There must be a were starting to have an impact on having to be taxed on those savings. complete overhaul of the training of Iran, the administration relaxed them. These flexible savings tools will help local police in the nooks and crannies All we have to show for these weakened families maintain greater financial se- of America. There must be a reform of sanctions is months of stalled talks. curity as they strive to raise their chil- the system which provides the funding It is long overdue to increase the dren to contribute to society in produc- to local jurisdictions simply by traffic pressure on Iran. I call for new and im- tive ways. stops and foot citations. That is what mediate sanctions with the teeth to Mr. Speaker, I am proud to join my geared Officer Wilson in the wrong di- force Iran to give up its nuclear ambi- colleagues in the House to stand up for rection. And finally, Mr. Speaker, tions. Without new pressures, Iran these families, like Rachel Mast and there must be training to protect offi- won’t see any reason to change its cur- her family in Kansas, to ensure that we cers but to know when to use deadly rent course. Congress must act now in do everything to fight for their future, force. increasing sanctions to prevent Iran too. Deadly force was not warranted; it was not required in the life and the loss from developing nuclear weapons. f f of Michael Brown. There must be solu- TERRORISM RISK INSURANCE ACT tions, Mr. Speaker, for those young DELIVERING RESULTS TO THE (Mrs. CAROLYN B. MALONEY of people that are out in the streets pro- AMERICAN PEOPLE New York asked and was given permis- testing. We cannot have a lopsided jus- (Mrs. DAVIS of California asked and sion to address the House for 1 minute.) tice system. was given permission to address the Mrs. CAROLYN B. MALONEY of New f House for 1 minute.) York. Mr. Speaker, after 9/11, this Con- COMMUNICATION FROM THE Mrs. DAVIS of California. Mr. Speak- gress came together, and we came to- CLERK OF THE HOUSE er, yesterday a reporter asked me to gether to put our economy back on comment on whether Speaker BOEHNER track. We passed TRIA, the Terrorism The SPEAKER pro tempore laid be- will be able to make his mark in the Risk Insurance Act. fore the House the following commu- next Congress, with the largest House Now TRIA is set to expire in just 4 nication from the Clerk of the House of majority for his party since 1929. My weeks, and we desperately need a long- Representatives: thoughts: stand and deliver. If the term reauthorization of this important OFFICE OF THE CLERK, Speaker wants to work, there is noth- economic tool that has brought sta- HOUSE OF REPRESENTATIVES, ing stopping him. Democrats stand bility to businesses and to our econ- Washington, DC, December 2, 2014. ready to work with him to tackle many omy. We cannot kick the can down the Hon. JOHN A. BOEHNER, of the challenges facing American fam- The Speaker, House of Representatives, Wash- road again by pushing a short-term ex- ington, DC. ilies. tension of TRIA. DEAR MR. SPEAKER: Pursuant to the per- In many ways, our economy has In fact, just last night, 45 Repub- mission granted in Clause 2(h) of Rule II of shown incredible resilience of late. licans signed a letter opposing a short- the Rules of the U.S. House of Representa- GDP and job growth are up, but, unfor- term extension of TRIA. All of the tives, the Clerk received the following mes- tunately, many still don’t feel like Democrats already oppose an extension sage from the Secretary of the Senate on De- things are getting any better. It is long of a short-term reauthorization of cember 2, 2014 at 11:03 a.m.: past time that we come together and That the Senate passed without amend- TRIA. This united position should take ment H.R. 2203. enact policies that will help hard- the issue off the table. With best wishes, I am working families instead of pandering While some Members have insisted Sincerely, to special interests. that the House can’t waive the CutGo KAREN L. HAAS.

VerDate Sep 11 2014 23:50 Dec 02, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.008 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8231 ANNOUNCEMENT BY THE SPEAKER leadership on this important piece of b 1230 PRO TEMPORE legislation. H.R. 5714, the Pest Management The SPEAKER pro tempore. Pursu- I rise today in support of H.R. 5714, Records Modernization Act, is pro- ant to clause 8 of rule XX, the Chair the Pest Management Records Mod- small business and pro-consumer. It will postpone further proceedings ernization Act. improves the ability of pest manage- Under the current law, the United today on motions to suspend the rules ment companies to communicate im- States Department of Agriculture re- on which a recorded vote or the yeas portant information with their cus- quires businesses that apply pesticides and nays are ordered, or on which the tomers related to the products they to maintain and provide access to use. vote incurs objection under clause 6 of records on their use, including the rule XX. As you heard from the gentleman product name, amount, approximate from Pennsylvania, most States re- Record votes on postponed questions date of application, and the location of will be taken later. quire pest management and other ap- application of each pesticide used. plicator companies to provide cus- f While most States allow pesticide ap- tomers with information related to PEST MANAGEMENT RECORDS plicator businesses to convey informa- pest treatments, either automatically MODERNIZATION ACT tion electronically to customers as a or upon request. Most of the require- way to comply with consumer informa- ments are implemented and enforced Mr. THOMPSON of Pennsylvania. tion requirements, a few States still re- Mr. Speaker, I move to suspend the by State departments of agriculture, quire that the information be provided which are the State pesticide regu- rules and pass the bill (H.R. 5714) to in paper or hard copy format. The chal- latory agency in 40 States. The re- permit commercial applicators of pes- lenge posed to the industry is not the quired information is typically infor- ticides to create, retain, submit, and longstanding consumer information re- mation directly from the pesticide convey pesticide application-related quirements themselves but, rather, the label. The overwhelming majority of records, reports, data, and other infor- very limited transmission options in treatments performed by pest manage- mation in electronic form. certain States. The Clerk read the title of the bill. Today, businesses in virtually all sec- ment professionals involve general use The text of the bill is as follows: tors of the economy are going paperless pesticides. Right now about 45 States permit H.R. 5714 as a way to save costs, increase effi- electronic conveyance of this informa- Be it enacted by the Senate and House of Rep- ciencies, and, yes, fulfill the range of tion directly to consumers. In fact, in resentatives of the United States of America in local, State, and Federal regulatory re- Congress assembled, quirements in a timely and proficient the last 2 years, the States of Cali- SECTION 1. SHORT TITLE. manner. Unfortunately, the transition fornia, Georgia, Wisconsin, Kansas, and This Act may be cited as the ‘‘Pest Man- to a paperless office for many pest Arizona have recognized the need to agement Records Modernization Act’’. management and other pesticide appli- update their respective laws related to SEC. 2. USE OF ELECTRONIC RECORDS BY COM- cator businesses is more difficult than disclosure and passed legislation or MERCIAL APPLICATORS OF PES- anticipated because of the decades-old taken administrative actions permit- TICIDES TO COMPLY WITH RECORD- ting electronic conveyance of pesticide KEEPING AND REPORTING RE- State consumer information require- QUIREMENTS. ments that mandate transmission of application information. Section 1491 of the Food, Agriculture, Con- such documents be via paper or hard Like businesses in countless sectors servation, and Trade Act of 1990 (7 U.S.C. copy. These requirements are espe- of the economy, professional pest man- 136i–1) is amended by adding at the end the cially disruptive for paperless compa- agement and other pest applicator following new subsection: businesses are going paperless as a way ‘‘(h) ELECTRONIC RECORDKEEPING AND RE- nies that operate in multiple States, some of which permit electronic con- to save costs and increase efficiencies. PORTING.—Notwithstanding any contrary Going paperless allows businesses to provision of Federal, State, or local law, veyance of the required information commercial applicators of pesticides, includ- and others that don’t. back up and better safeguard data and ing commercial applicators of restricted use The USDA permits records to be re- records in case of a fire, flood, or other pesticides, may create, retain, submit, and tained and conveyed electronically for disasters. It also makes it easier to convey a pesticide application-related restricted use pesticide applications. prove compliance with various record- record, report, data, or other information in Unfortunately, the overwhelming ma- keeping, reporting, and related require- electronic form in order to satisfy any re- ments, plus it has the added advantage quirement for such creation, retention, sub- jority of treatments performed by pest management professionals are general of being greener and more environ- mission, or conveyance, respectively, under mentally sound. any Federal, State, or local law.’’. use pesticides. The Pest Management Records Mod- Unfortunately, the transition to a The SPEAKER pro tempore. Pursu- ernization Act is a commonsense paperless office for many pest manage- ant to the rule, the gentleman Penn- change to existing law that will allow ment and other pesticide applicator sylvania (Mr. THOMPSON) and the gen- commercial applicators of pesticides to businesses is more difficult than an- tleman from Minnesota (Mr. WALZ) create, retain, and submit pesticide ap- ticipated because of antiquated State each will control 20 minutes. plication-related records, reports, and consumer information requirements The Chair recognizes the gentleman other information in electronic form. from the 1970s and ’80s that mandated from Pennsylvania. As a member of the House Agri- transmission of such documents be via GENERAL LEAVE culture Committee, I am proud to be hard copies or paper and do not permit Mr. THOMPSON of Pennsylvania. an original cosponsor of H.R. 5714, the electronic conveyance. These require- Mr. Speaker, I ask unanimous consent Pest Management Records Moderniza- ments are especially disruptive for that all Members may have 5 legislation Act. companies that have made the transi- tive days in which to revise and extend I urge my colleagues to support pas- tion to paperless that operate in mul- their remarks on the bill, H.R. 5714. sage of this bipartisan legislation, and tiple States, some of which permit The SPEAKER pro tempore. Is there I reserve the balance of my time. electronic conveyance and others that objection to the request of the gen- Mr. WALZ. Mr. Speaker, I yield my- don’t. tleman from Pennsylvania? self as much time as I may consume. It is important to note H.R. 5714 does There was no objection. I want to thank my friend from not put any new mandates on small Mr. THOMPSON of Pennsylvania. Pennsylvania for his remarks and for businesses but, rather, provides them Mr. Speaker, I yield myself as much clearly stating this commonsense piece the ability to electronically convey in- time as I may consume. of legislation and for his support of it. formation in the handful of States that Mr. Speaker, I want to thank my I, too, would like to thank the gen- have not yet addressed this in a chang- good friend from Minnesota (Mr. WALZ) tleman from Oregon (Mr. SCHRADER). ing e-commerce environment. for being here to help with this bill He is the author of this piece of legisla- As I have said previously, and as my today. I also want to thank my good tion. Something we have come to ex- friend from Pennsylvania stated, H.R. friend and colleague from Oregon, Rep- pect from Mr. SCHRADER is a common- 5714 is commonsense, it is bipartisan, it resentative KURT SCHRADER, for his sense, bipartisan piece of legislation. is pro-consumer, and it is pro-small

VerDate Sep 11 2014 01:29 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.010 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8232 CONGRESSIONAL RECORD — HOUSE December 2, 2014 business. It deserves our support, and I or willful misrepresentation about such con- subparagraph (A), the Commissioner of So- encourage everyone to make its swift duct shall be considered to have been re- cial Security shall certify to the Committee passage possible. moved as described in paragraph (1) as of the on Ways and Means of the House of Rep- With that, Mr. Speaker, I reserve the date of such revocation and setting aside; resentatives and the Committee on Finance and of the Senate that such individual’s benefits balance of my time. ‘‘(C) an individual who pursuant to a set- were terminated under this subsection.’’. Mr. THOMPSON of Pennsylvania. tlement agreement with the Attorney Gen- SEC. 5. EFFECTIVE DATE. Mr. Speaker, I thank the gentleman eral has admitted to conduct described in The amendments made by this Act shall from Minnesota for his remarks and section 212(a)(3)(E)(i) of the Immigration and apply with respect to benefits paid for any encourage my colleagues to support Nationality Act (relating to participation in month beginning after the date of the enact- passage of this important piece of leg- Nazi persecution) and who pursuant to such ment of this Act. islative. I have no further comments or settlement agreement has lost status as a The SPEAKER pro tempore. Pursu- speakers on this bill, and I yield back national of the United States by a renunci- ant to the rule, the gentleman from ation under section 349(a)(5) of the Immigra- the balance of my time. tion and Nationality Act shall be considered Texas (Mr. SAM JOHNSON) and the gen- Mr. WALZ. Mr. Speaker, I also yield to have been removed as described in para- tleman from California (Mr. BECERRA) back the balance of my time. graph (1) as of the date of such renunci- each will control 20 minutes. The SPEAKER pro tempore. The ation.’’. The Chair recognizes the gentleman question is on the motion offered by (b) OTHER BENEFITS.—Section 202(n) of from Texas. the gentleman from Pennsylvania (Mr. such Act (42 U.S.C. 402(n)) is amended by GENERAL LEAVE THOMPSON) that the House suspend the adding at the end the following: Mr. SAM JOHNSON of Texas. Mr. rules and pass the bill, H.R. 5714. ‘‘(4) In the case of any individual described in paragraph (3) whose monthly benefits are Speaker, I ask unanimous consent that The question was taken; and (two- terminated under paragraph (1)— all Members have 5 legislative days in thirds being in the affirmative) the ‘‘(A) no benefits otherwise available under which to revise and extend their re- rules were suspended and the bill was section 202 based on the wages and self-em- marks and insert extraneous materials passed. ployment income of any other individual in the RECORD. A motion to reconsider was laid on shall be paid to such individual for any The SPEAKER pro tempore. Is there the table. month after such termination; and objection to the request of the gen- ‘‘(B) no supplemental security income ben- f tleman from Texas? efits under title XVI shall be paid to such in- There was no objection. NO SOCIAL SECURITY FOR NAZIS dividual for any such month, including sup- Mr. SAM JOHNSON of Texas. Mr. ACT plementary payments pursuant to an agreement for Federal administration under sec- Speaker, I yield myself such time as I Mr. SAM JOHNSON of Texas. Mr. tion 1616(a) and payments pursuant to an may consume. Speaker, I move to suspend the rules agreement entered into under section 212(b) Mr. Speaker, today I rise as chair- and pass the bill (H.R. 5739) to amend of Public Law 93–66’’. man of the Ways and Means Sub- the Social Security Act to provide for SEC. 4. NOTIFICATIONS. committee on Social Security—the the termination of social security ben- Section 202(n)(2) of the Social Security Act committee of jurisdiction over Social efits for individuals who participated (42 U.S.C. 402(n)(2)) is amended to read as fol- Security benefits—in support of the No in Nazi persecution, and for other pur- lows: Social Security for Nazis Act, legisla- poses. ‘‘(2)(A) In the case of the removal of any tion I introduced along with Ranking individual under any of the paragraphs of The Clerk read the title of the bill. Member XAVIER BECERRA. section 237(a) of the Immigration and Na- The world must never forget the 6 The text of the bill is as follows: tionality Act (other than under paragraph H.R. 5739 (1)(C) of such section) or under section million Jews and other innocents murdered in the Holocaust. America has Be it enacted by the Senate and House of Rep- 212(a)(6)(A) of such Act, the revocation and resentatives of the United States of America in setting aside of citizenship of any individual worked hard to prevent Nazis from en- Congress assembled, under section 340 of the Immigration and Na- tering the country and reaping the ben- tionality Act in any case in which the rev- SECTION 1. SHORT TITLE. efits of U.S. citizenship, including So- ocation and setting aside is based on conduct This Act may be cited as the ‘‘No Social cial Security. Social Security is an described in section 212(a)(3)(E)(i) of such Security for Nazis Act’’. earned benefit. Hardworking Ameri- Act (relating to participation in Nazi perse- cans pay a portion of their wages for SEC. 2. FINDINGS. cution), or the renunciation of nationality Congress finds the following: by any individual under section 349(a)(5) of promises of future benefits. However, it (1) Congress enacted social security legis- such Act pursuant to a settlement agree- is a benefit that was never intended for lation to provide earned benefits for workers ment with the Attorney General where the those who participated in the horrific and their families, should they retire, be- individual has admitted to conduct described acts of the Holocaust. come disabled, or die. in section 212(a)(3)(E)(i) of the Immigration Under the Social Security Act, Social (2) Congress never intended for partici- and Nationality Act (relating to participa- Security benefits are terminated when pants in Nazi persecution to be allowed to tion in Nazi persecution) occurring after the individuals are deported due to partici- enter the United States or to reap the bene- date of the enactment of the No Social Secu- fits of United States residency or citizenship, pating in Nazi persecutions. Some indi- rity for Nazis Act, the Attorney General or viduals whom the Department of Jus- including participation in the Nation’s So- the Secretary of Homeland Security shall cial Security program. notify the Commissioner of Social Security tice identified as Nazi persecutors were SEC. 3. TERMINATION OF BENEFITS. of such removal, revocation and setting denaturalized or voluntarily renounced (a) IN GENERAL.—Section 202(n)(3) of the aside, or renunciation of nationality not their citizenship and left the country Social Security Act (42 U.S.C. 402(n)(3)) is later than 7 days after such removal, revoca- to avoid formal deportation pro- amended to read as follows: tion and setting aside, or renunciation of na- ceedings. However, due to a loophole, ‘‘(3) For purposes of paragraphs (1) and (2) tionality (or, in the case of any such re- certain Nazi persecutors have contin- of this subsection— moval, revocation and setting aside, of re- ued to receive Social Security benefits. ‘‘(A) an individual against whom a final nunciation of nationality that has occurred Today we will put an end to this loop- order of removal has been issued under sec- prior to the date of the enactment of the No tion 237(a)(4)(D) of the Immigration and Na- Social Security for Nazis Act, not later than hole. tionality Act on grounds of participation in 7 days after such date of enactment). The bill amends the law to stop ben- Nazi persecution shall be considered to have ‘‘(B)(i) Not later than 30 days after the en- efit payments to those denaturalized been removed under such section as of the actment of the No Social Security for Nazis due to participation in Nazi persecu- date on which such order became final; Act, the Attorney General shall certify to tions or who voluntarily renounced ‘‘(B) an individual with respect to whom an the Committee on Ways and Means of the their citizenship as part of a settle- order admitting the individual to citizenship House of Representatives and the Committee ment with the Attorney General re- has been revoked and set aside under section on Finance of the Senate that the Commis- lated to participating in Nazi persecu- 340 of the Immigration and Nationality Act sioner of Social Security has been notified of in any case in which the revocation and set- each removal, revocation and setting aside, tion. ting aside is based on conduct described in or renunciation of nationality described in The bill also makes sure that these section 212(a)(3)(E)(i) of such Act (relating to subparagraph (A). individuals do not receive spousal ben- participation in Nazi persecution), conceal- ‘‘(ii) Not later than 30 days after each noti- efits due to a marriage to a Social Se- ment of a material fact about such conduct, fication with respect to an individual under curity beneficiary.

VerDate Sep 11 2014 01:29 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.012 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8233 Lastly, the bill requires the Attorney ASSOCIATION OF Act’’ will accomplish our shared goal of end- General to certify to the Ways and MATURE AMERICAN CITIZENS, ing the payments while amending the Social Means Committee and Finance Com- November 20, 2014. Security statute directly, thereby ensuring Hon. SAM JOHNSON, that the many facets of social security ben- mittee that Social Security has been House of Representatives, Longworth House Of- efit access are treated properly. notified of all those whose benefits fice Building, Washington, DC. Although Social Security is an earned ben- should be terminated due to participa- Hon. ORRIN HATCH, efit for American workers, this change would tion in Nazi persecutions. It also re- U.S. Senate, Hart Senate Office Building, apply only to individuals who misrepre- quires the Commissioner of Social Se- Washington, DC. sented their pasts when entering this coun- curity to certify that benefits were ter- Hon. XAVIER BECERRA, try and applying for citizenship. Nazi per- minated. House of Representatives, Longworth House Of- petrators should not be allowed to continue fice Building, Washington, DC. to benefit from the lies they told long ago. This legislation is currently cospon- Hon. RON WYDEN, Those who have so defiled the most basic of sored by over 47 Members of the Con- U.S. Senate, Dirksen Senate Office Building, social contracts should not be allowed to re- gress. Also, letters of support have Washington, DC. ceive these benefits any longer. We believe DEAR REPRESENTATIVES JOHNSON AND been received from some of the fol- this step is necessary and appropriate, and BECERRA AND SENATORS HATCH AND WYDEN, encourage both houses of Congress to take lowing organizations: The Association on behalf of the 1.2 million members of up these bills expeditiously. We thank you of Mature American Citizens, B’nai AMAC, the Association of Mature American for your leadership on this matter and urge Citizens, I am writing in strong support of B’rith International, Jewish Federa- each Member of Congress to join you in the ‘‘No Social Security for Nazis Act.’’ This tions of North America, J Street, Na- quickly enacting this legislation. critical bipartisan, bicameral bill is needed tional Committee to Preserve Social Sincerely, to address a loophole in the law that has en- ALLAN J. JACOBS, Security and Medicare, Republican abled Holocaust perpetrators to wrongly col- President. Jewish Coalition, Strengthen Social lect Social Security benefits at the expense DANIEL S. MARIASCHIN, Security Coalition, and the Zionist Or- of American taxpayers and seniors. ganization of America. The World must never forget the atrocities Executive Vice President. committed by the Nazis or the millions of in- Mr. Speaker, I insert these letters in nocent Jews that were callously murdered THE JEWISH FEDERATIONS® the RECORD as well. during the Holocaust. For that reason, Con- OF NORTH AMERICA, AMERICAN JEWISH COMMITTEE, gress has a responsibility to ensure that war November 24, 2014. GLOBAL JEWISH ADVOCACY, criminals no longer benefit from U.S. gov- Hon. SAM JOHNSON, Washington, DC, November 24, 2014. ernment programs. Therefore, the ‘‘No So- Chairman; cial Security for Nazis Act’’ justly amends Hon. XAVIER BECERRA, DEAR CHAIRMAN JOHNSON AND RANKING the Social Security Act and puts an end to Ranking Member, Committee on Ways and MEMBER BECERRA, I write on behalf of AJC, the global Jewish advocacy organization, to Nazis receiving Social Security payouts. Means Social Security Subcommittee, Wash- On a broader scale, AMAC believes it is im- ington, DC. urge your support of legislation to deny fed- perative for Congress to continue to protect eral benefits to individuals who participated DEAR CHAIRMAN JOHNSON AND RANKING Social Security for rightful beneficiaries. in Nazi persecution. There are two House MEMBER BECERRA: We write to express our Mature Americans and seniors overwhelm- measures that seek to accomplish this: the support for your leadership in introducing ingly depend on Social Security to help sup- Nazi Social Security Benefits Termination H.R. 5739, legislation that would terminate plement their retirement income; yet, ac- Social Security benefits for Nazi persecutors Act of 2014, introduced by Representatives cording to the Trustees of Social Security, Carolyn Maloney, Leonard Lance, and Jason who receive such benefits because of a loop- the program remains at risk of becoming in- hole in current law. Chaffetz, and the No Social Security for solvent by 2030. Clearly, Social Security can- Nazis Act, introduced by Representatives not sustain its current fiscal path without The Jewish Federations of North America Sam Johnson and Xavier Becerra. comprehensive reform. AMAC strongly urges (‘‘JFNA’’) is the national organization that For many years, Nazi extermination camp Congress to take immediate action to save represents 153 Jewish Federations, and 300 personnel and others who found refuge in the Social Security and to guarantee its exist- independent network communities that are United States after World War II—individ- ence for future generations of hard-working the umbrella fundraising organization as uals who perpetrated some of the worst Americans. well as the central planning and coordi- crimes known to humanity, including the Although Social Security as a whole is in nating body for an extensive network of Jew- execution of millions of innocent civilians— need of real legislative attention, AMAC is ish health, education, and social service have received various benefits, including So- proud to see Congress working together on agencies. The JFNA system raises and allo- cial Security payments, from the United this particular issue to right a terrible cates funds for almost one thousand affili- States government. While the number of wrong. Thanks to your concern for this sig- ated agencies that provide needed services to almost one million individuals throughout Nazi recipients of Social Security payments nificant matter, AMAC is pleased to support the country. As an organization that has may not be large, the continuance of this the ‘‘No Social Security for Nazis Act.’’ been a tireless advocate to secure and pro- practice is an intolerable insult to those, liv- Sincerely, vide needed support for the over 100,000 Holo- ing and dead, who suffered at the hands of DAN WEBER, caust survivors in the U.S, JFNA applauds the Nazis, is an affront to American tax- President and Founder of AMAC. your efforts to end benefits for war criminals payers, and contradicts our nation’s core that persecuted millions of innocents during values. B’NAI B’RITH INTERNATIONAL, November 24, 2014. the Holocaust. The Nazi Social Security Benefits Termi- Hon. SAM JOHNSON, It is encouraging that so many of your col- nation Act will deny receipt of federal bene- Washington, DC. leagues have joined in your effort to close fits to those who were accused of taking part Hon. XAVIER BECERRA, this egregious loophole in current law. We in Nazi criminal acts and were either Washington, DC. will urge all of our partners in the Jewish stripped of their citizenship or voluntarily DEAR CHAIRMAN JOHNSON AND RANKING community to work with you to ensure that renounced it. The No Social Security for MEMBER BECERRA: On behalf of B’nai B’rith H.R. 5739 is enacted during this legislative Nazis Act amends the Social Security Act to International’s hundreds of thousands of session. cease payments to those stripped of U.S. citi- members and supporters, we write to express Sincerely yours, zenship as a result of participation in Nazi our support for your bill, H.R. 5739, the ‘‘No WILLIAM C. DAROFF, activities, and those who voluntarily re- Social Security for Nazis Act.’’ This bill, Senior Vice President for Public Policy and nounced citizenship due to such participa- which amends the Social Security Act, will Director of the Washington Office. tion. end Social Security payments to Nazi perpetrators who denaturalized and left the The United States should not be lending J STREET. material support to individuals whose crimes country many years ago as a result of their J Street applauds the introduction of the were so egregious that a new word had to be Nazi pasts. This important change in the law will treat this subgroup of Nazis in the same No Social Security for Nazis Act (H.R. 5739), coined to describe them: genocide. On behalf way as deported Nazis—who are already led by Chairman Sam Johnson (R–TX–3) and of AJC, I urge you to support legislation to barred from receiving Social Security bene- Ranking Member Xavier Becerra (D–CA–34), deny federal benefits to individuals who par- fits. which would change the Social Security Act ticipated in Nazi persecution. We appreciate the deliberation and care to prevent those who participated in Nazi Thank you for considering our views on that has gone into this process, and the persecution from receiving social security this important matter. many members of both houses of Congress benefits. We commend the strong bipartisan Respectfully, who have worked in recent weeks to address support for the bill and urge its swift passage JASON ISAACSON. this issue. The ‘‘No Social Security for Nazis by Congress.

VerDate Sep 11 2014 02:44 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.014 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8234 CONGRESSIONAL RECORD — HOUSE December 2, 2014 NATIONAL COMMITTEE TO PRESERVE introduction of the No Social Security for SON from Texas, for the work that he SOCIAL SECURITY AND MEDICARE, Nazi’s Act (H.R. 5739). did to move so quickly working with Washington, DC, November 20, 2014. It is under unfortunate extraordinary cir- his able staff to try to make sure we cumstances that a group of individuals in- Hon. SAM JOHNSON, had a bill come before us. I also want Longworth House Office Building, volved in Nazi persecutions have been receiv- Washington, DC. ing Social Security benefits. These war to make sure that I salute the staff on DEAR CHAIRMAN JOHNSON: On behalf of the criminals should never have been allowed to this side of the aisle for the work they millions of members and supporters of the enter the United States and should never did in partnership to make sure that National Committee to Preserve Social Se- have received Social Security benefits. The we could quickly put a bill on the floor curity and Medicare, I am writing to express bipartisan legislation that has been intro- of this House that could address what our support of your bill, H.R. 5739, the ‘‘No duced presents a solution for this extraor- all of us agree is a glaring omission. Social Security for Nazis Act.’’ dinary circumstance and respects the hard This bill amends the Social Security Act work and contribution of Americans who And so I am pleased to stand here to to close a loophole that allows some Nazis have earned their benefits. Thank you for de- say, Mr. Speaker, that we have a bill who gained U.S. citizenship through fraud fending the Social Security benefits that that not only will take care of those and deception to continue receiving Social have been earned by the American people. dollars that Americans contributed to Security benefits even though they have Sincerely, Social Security on a daily basis as they been stripped of their citizenship and have ERIC KINGSON, go to work and pay into the system, been removed from our country. While the Coalition Co-Chair. but it also will protect the dollars that individuals who will be affected by this bill NANCY ALTMAN, so many Americans now rely on to re- worked and contributed to Social Security, Coalition Co-Chair. they gained the right to do so by lying on ceive their benefits. their applications for citizenship about the ZIONIST ORGANIZATION OF AMERICA, Today, Mr. Speaker, 160 million nature of their roles in the Nazi holocaust Washington, DC, November 20, 2014. Americans work and pay into Social during World War II. Hon. SAM JOHNSON, Security. They know that because they These war criminals should not be allowed Ways and Means Social Security Subcommittee do that their families will be protected to continue to reap the fruits of their dishon- Chairman, Longworth House Office Build- if they happen to die or if they happen esty, and on behalf of all of our members, we ing, Washington, DC. commend you for your leadership in bringing CONGRESSMAN JOHNSON: The Zionist Orga- to become disabled or if they decide to this travesty to an end. We urge all Members nization of America (ZOA), the oldest and retire. Now, for most of the 58 million of Congress to join you in enacting this im- one of the largest pro-Israel organizations in Americans who are already retired or portant legislation. the United States, strongly supports H.R. currently receiving Social Security Sincerely, 5739, the No Social Security for Nazis Act. It benefits of some sort, that Social Secu- MAX RICHTMAN, is a travesty that through the loophole of rity benefit is the most important President and CEO. passive enforcement, deported aliens who source of income for them. have been found to have lied about their war- REPUBLICAN JEWISH COALITION, time activities continue to receive Social Se- One of the greatest privileges we Washington, DC, November 24, 2014. curity from the US government. We applaud have as Americans living here in the Hon. SAM JOHNSON, the bi-partisan group of Congressmen and U.S. is the opportunity to work and Chairman, House Subcommittee on Social Secu- their Senate counterparts who are seeking to earn this Social Security protection for rity, House of Representatives, Washington, close this loophole during the November and ourselves and for our families. DC. December congressional sessions before Con- We recently learned, as Mr. JOHNSON DEAR CHAIRMAN JOHNSON: I’m writing to gress adjourns for the year. thank you for introducing H.R. 5732, the No The process to identify those who partici- has mentioned, that Nazi war criminals Social Security for Nazis Act, and to encour- pated in the World War II persecution of and collaborators slipped through a age you and your colleagues on the House Jews was legally rigorous, but ultimately loophole in our laws and began receiv- Ways and Means committee to press for en- failed to achieve all of its objectives as long ing Social Security benefits. The actment of legislation to close this newly as the Nazis who fraudulently entered our record is clear: Congress never in- discovered loophole in current law this year. country following the war continue to ben- tended for the perpetrators of the Holo- As you’ve noted, during prior Congresses, efit during their advanced years from the caust—the systematic, bureaucratic, action had been taken to cancel Social Secu- fraud they committed against our country. state-sponsored murder of more than 6 rity benefits for individuals determined to This legislation will repair this defect. The have participated in Nazi war crimes. In ZOA urges its adoption in both houses of million Jews and millions of other in- light of recent news reports detailing how a Congress and the swift signing into law of nocents—to be allowed to enter the number of individuals in this category have the prohibition of Social Security Payments U.S., let alone to participate in Social maneuvered to maintain their access to ben- to those found to be part of the Nazi atrocity Security. It has been our longstanding efits, it is clear that a fix is needed. machinery. policy that when Nazi persecutors who H.R. 5732 ensures that Nazi war criminals The ZOA commends Members of Congress came under false pretenses are discov- who voluntarily renounced their citizenship of both parties who support this legislation. ered that they be deported and stripped and left the country prior to an impending MORTON KLEIN, deportation action cannot retain Social Se- National President, of all their privileges of U.S. citizen- curity benefits they would otherwise have Zionist Organization of America. ship and residency, including, of lost and blocks such individuals’ access to Mr. SAM JOHNSON of Texas. For course, Social Security. spousal benefits. I am pleased to be here today because We are encouraged by the breadth of bipar- many years a loophole has allowed those who perpetrated horrific crimes today what we are saying is we are tisan support for remedial legislation tar- ready to act. This legislation will geting this loophole. On behalf of the Repub- against humanity to receive benefits lican Jewish Coalition’s 40,000 members, I sa- paid by the United States Government. tightly close the loophole that allows lute you for your leadership in quickly mov- While the number of Nazi recipients of some individuals to use and retain So- ing to solve the problem that has recently Social Security benefits may be few cial Security benefits even after their come to light. now, allowing payments to continue is Holocaust crimes have been proven and Sincerely, an inexcusable insult to those who suf- their citizenship has been revoked. As NOAH SILVERMAN, fered at the hands of the Nazis. the chairman has mentioned, and as we Congressional Affairs Director, are trying to make clear today, it is Republican Jewish Coalition. Mr. Speaker, I urge all Members of the House to vote ‘‘yes’’ and pass the critically important that we make ev- STRENGTHEN SOCIAL SECURITY, No Social Security to Nazis Act today eryone aware that when you work for Washington, DC. so the Senate can take action soon and Social Security, you have earned it, HOUSE COMMITTEE ON WAYS AND MEANS, that the President can sign it into law and only then will you get it. So when House of Representatives, without delay. someone comes in, uses a loophole, Longworth Building, Washington, DC. Mr. Speaker, I reserve the balance of tries to take advantage, and then be- DEAR CHAIRMAN CAMP, RANKING MEMBER my time. lieves that they can get away with it, LEVIN, CHAIRMAN JOHNSON, AND RANKING Mr. BECERRA. Mr. Speaker, I yield we want to be able to act quickly and MEMBER BECERRA: The Strengthen Social Se- curity Coalition, which is comprised of over myself such time as I may consume. make it clear that it will never happen 350 national and statewide organizations in- Let me begin, Mr. Speaker, by thank- again. We want those safeguards to be cluding women’s, labor, veterans, aging, and ing my colleague, but, more impor- in place for everyone who has been civil rights groups appreciate your timely tantly, my dear friend, Mr. SAM JOHN- working hard and paying into Social

VerDate Sep 11 2014 02:44 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.006 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8235 Security for years and years. They are in the name of the lives that were lost As the author of the Nazi War Crimes the ones that own it, not people who as a result of the Holocaust. Disclosure Act of 1998, which opened up have defrauded our government. To think Nazis are receiving Social all of the files of the CIA on the Nazis Like past Congresses, we believe that Security benefits derived from tax re- and what they were doing in the United we must act quickly because the issue ceipts of the American people is sick- States and in Europe, I have been of the Holocaust is not unresolved in ening and morally wrong. Today, Con- working on this issue for decades. our minds. We know what we must do gress will move to put an end to it. In 1991, I cowrote a bill to close this to anyone who perpetrated those hei- This effort was originally cham- loophole by creating a new legal proc- nous acts. We must act as quickly as pioned in the 1990s by my predecessor ess to terminate benefits. Earlier this we can. And so, Mr. Speaker, I say with from the district I have the honor of year, I wrote the Social Security Ad- a great deal of pride and friendship serving, the late Congressman Bob ministration, seeking more informa- that I stand with the chairman of the Franks, and I am proud to continue his tion on former Nazis who continue to Social Security Subcommittee today, effort and see this legislation pass on receive Social Security benefits. They Mr. SAM JOHNSON, to urge my col- the floor of the House today. will be issuing a report to me and oth- leagues to join us in closing this loop- The United States, including my ers on exactly how much money is in- hole now before Social Security has to home State of New Jersey, stands in volved. pay another dime to a Nazi war crimi- solidarity with the Jewish people, the After an investigative report by the nal. State of Israel, and the decades-long Associated Press revealed new details With that, Mr. Speaker, I reserve the struggle for peace in the world fol- of Nazis receiving Social Security ben- balance of my time. lowing the Nazi atrocities. efits, I wrote to the IG of the Justice This action is yet another step in Mr. SAM JOHNSON of Texas. Thank Department and have had meetings demonstrating that our resolve for jus- you, Mr. BECERRA. I appreciate your re- with them and the Social Security Ad- tice is unyielding and our commitment marks. ministration to investigate exactly to pursue what is right continues even Mr. Speaker, I yield 2 minutes to the how this all occurred. 70 years after World War II. I also worked with my colleagues, gentlewoman from Tennessee (Mrs. I thank my colleague, Congress- BLACK), a member of the Committee on Republican Congressmen LEONARD woman CAROLYN MALONEY of New York LANCE of New Jersey and JASON Ways and Means. City, for her leadership on this issue CHAFFETZ of Utah, to craft the Nazi Mrs. BLACK. Mr. Speaker, I thank and for asking me to cosponsor the Benefits Termination Act of 2014. It my colleague for yielding to me. original bill that she had initiated. I was supported by editorials across this Mr. Speaker, for many today, the also thank Congressman SAM JOHNSON heinous acts of the Nazi party in the and the Ways and Means Committee Nation. We received a total of 19 edi- World War II era are a story relegated for taking up this effort. torials in support of our bill. to the history books and museums. But The world can never forget the hate In the interest of time, I will just put the fact is some of these war criminals and intolerance of the 1930s and 1940s in the RECORD roughly five of them be- are still alive, and they are even get- that claimed the lives of millions of cause I think it is important that ting a monthly check from Uncle Sam. people of the Jewish faith and forever across this Nation, from the South, the An Associated Press investigation scarred the face of mankind. Let this West, the East, the North, all of them found that dozens of Nazi suspects have effort be another chapter in the healing have come out strongly in support of collected Social Security benefits due that has brought vigor to the pursuit of not spending one taxpayer dime to sup- to a loophole in our laws. And the cost justice, attention and care to all port Nazis. to the taxpayers has reportedly human suffering and the work toward a The Ways and Means Committee reached into the millions. world of greater understanding and took on this same effort. Our bills are Seniors in my district already have peace. similar, and either would be sufficient concerns about the future of Social Se- When given the chance to put an end to address the problem. Both would af- curity. The last thing that they want to an egregious practice, we must act. firmatively declare individuals who to see is their government using scarce I urge passage today of this important have been denaturalized or renounced taxpayer dollars for this purpose. That piece of legislation. citizenship on the grounds of participa- is why I was proud to cosponsor Con- Mr. BECERRA. Mr. Speaker, I yield 3 tion in Nazi persecution ineligible for gressman SAM JOHNSON’s No Social Se- minutes to the gentlewoman from New Social Security benefits. curity for Nazis Act, legislation to cut York (Mrs. CAROLYN B. MALONEY), who I urge my colleagues to end this out- off benefits to anyone stripped of their has been very active on this issue. rage, close this loophole, and send a U.S. citizenship related to their par- Mrs. CAROLYN B. MALONEY of New message that when we say we will ticipation in Nazi crimes. York. Mr. Speaker, I thank the gen- never forget, we mean we will never No act of Congress could ever make tleman for yielding, and I thank my forget and that we will stop this ter- right the atrocities of the Holocaust or friend and colleague on the other side rible abuse of taxpayer money going to bring justice to its 6 million victims. of the aisle, LEONARD LANCE, for com- Social Security benefits for Nazis. But ending the flow of the payments to ing to New York, for working in meet- I commend all of my colleagues who those human rights violators would ings, and for advancing this issue be- have worked on this important issue. sure be a step in the right direction. fore the Social Security Administra- [From mydailynews.com] Mr. Speaker, I thank the gentleman tion and also the Justice Department. NO SSNS FOR THE SS from Texas for his good work on this Mr. Speaker, for decades, former A search for some small measure of justice issue and this bipartisan measure and Nazis complicit in war crimes have will go on as long as Nazi war criminals re- look forward to voting in support. been given monthly Social Security main alive and unpunished. Never mind that Mr. BECERRA. Mr. Speaker, we are benefit checks due to a loophole in the almost seven decades have passed since they participated in the Holocaust. Never mind expecting another speaker, but I re- law. It is an outrage that began at the end of World War II, when thousands of that they are well up in years, perhaps ap- serve the balance of my time and let proaching 100. the gentleman from Texas proceed if he Nazis fled to the United States. The outrage is that some of the guilty are has another speaker. Many lied about their past, so that living out their last days with the help of So- Mr. SAM JOHNSON of Texas. Mr. they could become American citizens, cial Security payments sent out by Uncle Speaker, I yield 3 minutes to the gen- take jobs, and try to just blend in, but Sam. After World War II, former SS death camp tleman from New Jersey (Mr. LANCE). most were eventually identified and deported, and some were tried for their guards and others made their way to Amer- b 1245 crimes; however, dozens were never for- ica in the hope of leaving their crimes be- Mr. LANCE. Mr. Speaker, I rise mally deported. If a former Nazi left hind. Rather than fight to boot the group, the government made odious deals: If they today to urge passage of H.R. 5739, the the U.S. on his own before a final order left the country, they would keep their So- No Social Security for Nazis Act, of removal was issued, the law allowed cial Security benefits. which will correct an injustice of two him to keep receiving his Social Secu- As reported by the Associated Press, troops generations and right a terrible wrong rity benefits. who worked in the camps, a rocket scientist

VerDate Sep 11 2014 01:29 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.015 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8236 CONGRESSIONAL RECORD — HOUSE December 2, 2014 accused of using slave labor to do his re- U.S. still paid Social Security.’’ The dif- pected Nazi war criminals of the Social Se- search, a Polish Nazi collaborator who facili- ference is, the story apparently is true. curity benefits they’ve been receiving for tated the murder of thousands of Jews and The AP reported Sunday that since 1979 having agreed to leave this country and live others fled and kept their cash. ‘‘dozens of suspected Nazi war criminals and overseas. At least four are still alive—and collecting. SS guards collected millions of dollars in So- You read that right Rep. Carolyn Maloney said she will draft leg- cial Security benefits after being forced out Hard as it is to believe, an investigation by islation to strip benefits from Nazis. of the United States.’’ The report said at the Associated Press found that dozens of Better late than never. least four of the 38 known beneficiaries are Nazi suspects who made their way to the still alive, including a former concentration U.S. have been receiving retirement benefits [From the Dallas Morning News, Oct. 22, camp guard who left Arizona and returned to with taxpayer money. And if they agreed to 2014] Germany in 2007, just before being stripped leave the country quietly, or before a depor- SHAMEFUL SOCIAL SECURITY BENEFITS FOR of his U.S. citizenship, and a former guard at tation action, the Justice Department said EXPELLED NAZIS Auschwitz who fled Ohio in 1989, after learn- they could keep these benefits. That way, Jakob Denzinger gets about $1,500 a month ing ‘‘denaturalization’’ proceedings were the government could avoid ugly deportation in Social Security payments, but the 90- under way against him, and settled in Cro- hearings and increase the number of former year-old retiree isn’t a typical senior citizen. atia. Nazis expelled. He’s a former Auschwitz guard and one- State Department officials said the Justice Outrageous? You bet. time Ohio businessman who is now living Department used the continuation of Social And it’s been going on for years, with your comfortably overseas on U.S. Social Secu- Security benefits as a carrot to get the Ger- money. rity benefits. His monthly check is nearly mans to voluntarily give up their U.S. citi- The AP traced the program to 1979, and twice the take-home pay of an average work- zenship, and to avoid lengthy deportation said at least 38 of 66 suspected Nazis removed er in Croatia, where he lives. This for a man hearings. A spokesman for the Justice De- from the country since that time kept re- who patrolled one of the Nazi regime’s most partment denied that Social Security pay- ceiving retirement benefits. By March 1999, infamous death camps. It is an outrageous ments were thus used. the report said 28 suspected Nazi criminals affront; Congress should no longer tolerate At the time the Justice Department had a living overseas had amassed $1.5 million in it. Nazi-hunting unit, the Office of Special In- Social Security benefits. The number is cer- An Associated Press investigation pub- vestigations, that was dedicated to expelling tainly much larger by now. lished over the weekend found that the U.S. as many former Nazis as possible, preferably Now comes the Nazi Social Security Bene- Justice Department secretly used the prom- to countries where they would be prosecuted fits Termination Act, in response to the revise of continued retirement payments to per- for war crimes, although only 10 were. elations. Nelson is one of the sponsors of the suade dozens of Nazi suspects in the U.S. to The AP said the payments were made pos- Senate version. The legislation would end leave. If they agreed to go quietly, or fled be- sible by a ‘‘loophole’’ in the law but provided benefits for Nazi suspects who have lost fore deportation, as Denzinger did in 1989, no specifics. The Social Security Adminis- American citizenship. Congress is hoping to they could retain their benefits. In return, tration denied an AP request for the number get the legislation finalized during the cur- the Justice Department’s Office of Special of suspects who received payments and the rent lame-duck session. Investigations avoided messy deportation amounts they received, saying it doesn’t ‘‘Our bill will eliminate the loophole that hearings and increased the number of former track Nazi cases. has allowed Nazi war criminals to collect So- Nazis it expelled. On Monday, Rep. Carol Maloney, D–NY, cial Security benefits,’’ said Rep. Carolyn Just how many Nazis cashed in isn’t sent letters to the inspectors general of the Maloney, D–N.Y. She also has called for an known. However, its stomach-turning to Justice Department and the Social Security inquiry into the actions of Justice Depart- know that Nazi war criminals are receiving Administration demanding that the Obama ment and Social Security officials. retirement benefits, just like your father or administration investigate the payments, Remember, we’re talking about Nazi war grandfather who fought to end the Nazi reign which she called a ‘‘gross misuse of taxpayer criminals here, people involved in the hor- of terror. No accountability. Just a quiet re- dollars.’’ But the son of the former Ausch- rific death camps where millions died. tirement with a steady stream of govern- witz guard, Jakob Denzinger, told The AP As an example, Jakob Denzinger, 90, has ment checks for Hitler’s henchmen. his father had earned the benefit payments been getting about $1,500 a month in Social Americans deserve answers. The AP traces and deserves to continue receiving them. Security payments. He is a former Auschwitz the program to 1979 and says at least 38 of 66 Did the former Nazi guards who simply guard and a one-time Ohio businessman. Ac- suspected Nazis removed from the country carried out orders, however immoral or hei- cording to the AP, some other recipients of since then kept receiving their retirement nous, absolve themselves by becoming up- Social Security participated in the liquida- benefits. By March 1999, the AP reports, 28 standing, law-abiding, tax-paying U.S. citi- tion of the Warsaw Ghetto, oversaw the use suspected Nazi criminals living overseas had zens during the 70 years since World War II of slave labor and helped with the round-up amassed $1.5 million in Social Security bene- ended? Some will say yes but many others and killing of thousands of Jews. fits. That’s probably just the tip of the ice- would argue their crimes can never be for- It defies all sensibilities to learn that these berg, but Social Security and Justice De- given. For most Americans, knowing that payments have been going on for decades. partment officials aren’t talking. taxpayer-funded retirement benefits are Now that they’ve come to light, President We acknowledge that there is scant appe- being given to people who surrendered their Obama says he wants them, stopped. The tite in Europe or the United States to bring U.S. citizenship, and who played a direct role proposed legislation would do just that. these aging men to trial. However, neither is in the worst human-caused catastrophe in ‘‘This legislation is long overdue,’’ said there good reason for the U.S. to continue history, isn’t going to sit right. And it Abraham Foxman, national director of the subsidizing their golden years. The deaths of shouldn’t. Anti-Defamation League, ‘‘and we are millions should never be forgotten or bought It sounds as if Maloney, who’s a high-rank- pleased that lawmakers in Congress are tak- off. With anti-Semitism again on the rise in ing member of the House Oversight and Gov- ing this seriously.’’ Europe, sweeping these cases under the rug ernment Reform Committee, is bent on clos- A serious investigation also is needed into is the wrong way to signal to the world that ing whatever ‘‘loophole’’ has allowed the So- how this happened to begin with. we will never forget Nazi atrocities. cial Security payments to continue to be Congress turned its back on previous meas- sent overseas. The millions that have al- [From the Pueblo Chieftain, Oct. 23, 2014] ures to stop payments to keep from offend- ready been paid are gone and not likely to be CLOSING AN ABHORRENT LOOPHOLE recoverable but the thousands not yet paid ing diplomatic sensibilities or slowing down FOR ONCE, we actually do agree with the could still be withheld. It shouldn’t take an the Justice Department’s expulsion efforts. White House and the Congress. act of Congress to scotch such a grievous in- It’s time for this insult to end. A White But it’s hard to find fault when the presi- sult to American taxpayers—but apparently House spokesman says the president, rightly, dent’s spokesman says it’s past time to cut it will. wants the benefits stopped, and Rep. Carolyn off Social Security benefits for former Nazis Maloney, D–N.Y., has called for an inquiry who are living and aging overseas. Or with [From the Sun Sentinel, Nov. 30, 2014] into the actions of Justice Department and Congressional plans to solve the problem. Social Security officials; she also plans to NAZI CRIMINALS GETTING BENEFITS? YES, IT’S ‘‘Our position is we don’t believe these in- introduce legislation to halt the payments. TRUE dividuals should be getting these benefits,’’ It is unconscionable to reward those ac- Congress has finally found something its White House Spokesman Eric Schultz said cused of such horrific crimes. Congress members can agree on. Monday. should act now to strip them of their bene- It’s important, it’s bipartisan and it’s That’s a bit of an understatement. Rather, fits. hellacious enough to make you wonder how we find it astounding these suspected mur- such a practice could have been allowed to derers and thugs got benefits—much less the [From registerguard.com] continue, with the blessing of the U.S. gov- millions of taxpayer dollars reported by the The headline on The Associated Press ernment, no less. Associated Press—in the first place. story read like something one would see on But now, a group of lawmakers—including As a bit of background, the AP reported the front page of a tabloid newspaper at a su- Florida Democratic Sen. Bill Nelson—has in- last week that dozens of suspected Nazis permarket checkout stand: ‘‘Nazis who left troduced legislation that would strip sus- have collected benefits after being driven out

VerDate Sep 11 2014 01:29 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.011 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8237 of the United States. Though their World country in the first place because they will resume on motions to suspend the War II actions led to their departure, they committed heinous crimes and were rules previously postponed. were never convicted of war crimes. perpetrators of some of the worst evils Votes will be taken in the following While the exact number of beneficiaries— we have seen in our history, then it order: or the total taxpayer-underwritten benefit they received—has not been released, the list makes you want to work doubly fast. S. 2040, by the yeas and nays; included SS troops who guarded Nazi con- At a time when we deal with major H.R. 5050, by the yeas and nays; centration camps, a rocket scientist accused issues and oftentimes have challenges H.R. 3572, by the yeas and nays. of using slave labor to advance his research in reaching agreement, the American The first electronic vote will be con- in the Third Reich and a Nazi collaborator people should watch for a second be- ducted as a 15-minute vote. Remaining who allegedly engineered the arrest and exe- cause, in this case, we are coming to- electronic votes will be conducted as 5- cution of thousands of Jews in Poland, ac- gether to say that we understand the minute votes. cording to the Associated Press. purpose of Social Security. They fled their home countries after the It is important to extend a thank you f war and set up residency here. A legal loophole gave the Justice Depart- to the chairman of the Social Security BLACKFOOT RIVER LAND ment leverage to persuade the Nazi suspects Subcommittee for making sure that, EXCHANGE ACT OF 2014 to leave the U.S. If they did, or if they sim- before we ended this year and before we ply fled prior to deportation, they could keep ended this session, we had an oppor- The SPEAKER pro tempore. The un- their Social Security benefit, the AP re- tunity to put our vote on the floor say- finished business is the vote on the mo- ported. ing, ‘‘No, if you don’t earn your bene- tion to suspend the rules and pass the And in this rare instance, Washington’s re- fits, you won’t get them, and if you bill (S. 2040) to exchange trust and fee sponse has been both swift and appropriate. land to resolve land disputes created by Rep. Carolyn Maloney of New York—a rank- shouldn’t have been here in the first place, then you certainly shouldn’t get the realignment of the Blackfoot River ing member of the House Oversight and Gov- along the boundary of the Fort Hall In- ernment Reform Committee—called on the Social Security as well.’’ Obama administration to investigate the It is important to get this done, and dian Reservation, and for other pur- payments. The Democrat called them a we hope the Senate will act quickly. poses, on which the yeas and nays were ‘‘gross misuse of taxpayer dollars.’’ Hopefully, before too long, the Presi- ordered. And yesterday, Sens. Charles Schumer, D– dent will have an opportunity to sign The Clerk read the title of the bill. NY, and Bob Casey, D–PA, announced plans this, and forever, we will be able to say The SPEAKER pro tempore. The to introduce legislation to close the loophole that we know that no perpetrator of question is on the motion offered by that allowed for the payments. A joint press the gentleman from Washington (Mr. release issued by the pair reflects that the the Holocaust will ever have an oppor- bill would also provide direction to federal tunity to steal Social Security from HASTINGS) that the House suspend the immigration judges adjudicating cases in- those who worked hard to earn it. rules and pass the bill. volving a suspected Nazi persecutors. With that, Mr. Speaker, and thank- The vote was taken by electronic de- New York’s Rep. Maloney plans on caring the staff on both sides of the aisle vice, and there were—yeas 414, nays 0, rying that bill in the U.S. House. for the work they have done so dili- not voting 20, as follows: At least four of these suspected criminals gently and to my friend and chairman, [Roll No. 534] are still living comfortably on the taxpayer Mr. JOHNSON, I say thank you. YEAS—414 dole. They are doing so via a social service Mr. Speaker, I yield back the balance safety net that is now financially failing. Adams Chabot Ellison That is a totally unacceptable and abhor- of my time. Amash Chaffetz Ellmers rent misuse of our funds. We are pleased to Mr. SAM JOHNSON of Texas. Mr. Amodei Chu Engel see Congress is acting to fix the problem, Speaker, I yield myself such time as I Bachmann Cicilline Enyart Bachus Clark (MA) Eshoo even if—given the ages of the surviving re- may consume, and I thank Mr. Barber Clarke (NY) Esty cipients—it is too late to result in substan- BECERRA. Barletta Clawson (FL) Farenthold tial savings. It takes two to tango, and fortu- Barr Clay Farr We strongly encourage each member of nately, we have a compatible interest Barrow (GA) Cleaver Fattah Colorado’s congressional delegation to sup- on this committee. I thank Ranking Barton Clyburn Fincher port the legislation. Be bold. Take a stance Beatty Coble Fitzpatrick Member XAVIER BECERRA and his staff for the taxpayers, the citizens in need, the Becerra Coffman Fleischmann Benishek Cohen Fleming survivors and the millions who perished at for working with us on this important legislation. Bentivolio Cole Flores the hands of these suspected criminals and Bera (CA) Collins (GA) Forbes their contemporaries. Mr. Speaker, I urge all Members of Bilirakis Collins (NY) Fortenberry Pass this law and close the loophole. the House to vote ‘‘yes’’ and pass the Bishop (GA) Conaway Foster No Social Security for Nazis Act today, Bishop (NY) Connolly Foxx Mr. BECERRA. Mr. Speaker, I yield Bishop (UT) Conyers Frankel (FL) myself the balance of my time, and I so the Senate can take action soon and Black Cook Franks (AZ) think it is important to close on a par- that the President can sign it into law Blackburn Cooper Frelinghuysen ticular note. I don’t think it gets lost without delay. Blumenauer Costa Fudge Bonamici Cotton Gabbard on the chairman or me that, when we I yield back the balance of my time. The SPEAKER pro tempore. The Boustany Courtney Gallego sit as the chairman and ranking mem- Brady (PA) Cramer Garamendi ber on the Social Security Sub- question is on the motion offered by Brady (TX) Crawford Garcia the gentleman from Texas (Mr. SAM Braley (IA) Crenshaw Gardner committee, we have a major responsi- Brat Crowley Gerlach bility, and that is to make sure that JOHNSON) that the House suspend the rules and pass the bill, H.R. 5739. Bridenstine Cuellar Gibbs what people expect when they allow a Brooks (AL) Culberson Gibson The question was taken. good chunk of money to come out of Brooks (IN) Cummings Gingrey (GA) The SPEAKER pro tempore. In the Broun (GA) Daines Gohmert their paycheck, it is going to be used opinion of the Chair, two-thirds being Brown (FL) Davis (CA) Goodlatte for what they believe, and that is for in the affirmative, the ayes have it. Brownley (CA) Davis, Danny Gosar Social Security benefits for those who Buchanan Davis, Rodney Gowdy Mr. SAM JOHNSON of Texas. Mr. Bucshon DeFazio Granger have earned them. Speaker, on that I demand the yeas Burgess DeGette Graves (GA) When something like this comes and nays. Bustos Delaney Graves (MO) along and you find out that someone The yeas and nays were ordered. Butterfield DeLauro Grayson found out a way to circumvent the Byrne DelBene Green, Al The SPEAKER pro tempore. Pursu- Calvert Denham Green, Gene laws and the process and take advan- ant to clause 8 of rule XX, further pro- Camp Dent Griffin (AR) tage of getting dollars out of America ceedings on this motion will be post- Campbell DeSantis Griffith (VA) that have been put in for the purpose of poned. Capito DesJarlais Grijalva providing security to those who retire Capps Deutch Grimm f Ca´ rdenas Diaz-Balart Guthrie or become disabled or who die, it really Carney Dingell Gutie´rrez makes you want to act, but when you ANNOUNCEMENT BY THE SPEAKER Carson (IN) Doggett Hahn realize that, on top of that, the folks PRO TEMPORE Carter Duffy Hanabusa Cartwright Duncan (SC) Hanna who are gaming the system are folks The SPEAKER pro tempore. Pursu- Castor (FL) Duncan (TN) Harper who should never have been in this ant to clause 8 of rule XX, proceedings Castro (TX) Edwards Harris

VerDate Sep 11 2014 01:29 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.022 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8238 CONGRESSIONAL RECORD — HOUSE December 2, 2014 Hartzler McGovern Salmon b 1324 Gingrey (GA) Lummis Roybal-Allard Hastings (FL) McHenry Sa´ nchez, Linda Gohmert Lynch Royce Hastings (WA) McIntyre T. Mr. ROE of Tennessee and Ms. Goodlatte Maffei Ruiz Heck (NV) McKeon Sanchez, Loretta MCCOLLUM changed their vote from Gosar Maloney, Runyan Heck (WA) McKinley Sanford ‘‘nay’’ to ‘‘yea.’’ Gowdy Carolyn Ruppersberger Hensarling McMorris Sarbanes Granger Maloney, Sean So (two-thirds being in the affirma- Ryan (OH) Herrera Beutler Rodgers Scalise Graves (GA) Marchant Ryan (WI) Higgins McNerney Schakowsky tive) the rules were suspended and the Graves (MO) Marino Salmon Himes Meadows Schiff bill was passed. Grayson Massie Sa´ nchez, Linda Hinojosa Meehan Schneider The result of the vote was announced Green, Al Matsui T. Holding Meeks Schock Green, Gene McAllister as above recorded. Sanchez, Loretta Holt Meng Schwartz Griffin (AR) McCarthy (CA) Sanford Honda Messer Schweikert A motion to reconsider was laid on Griffith (VA) McCaul Sarbanes Horsford Mica Scott (VA) the table. Grijalva McCollum Scalise Hoyer Michaud Scott, Austin Stated for: Grimm McDermott Schakowsky Hudson Miller (FL) Scott, David Guthrie McGovern Schiff Miller (MI) Sensenbrenner Mr. HURT. Mr. Speaker, I was not present ´ Huelskamp Gutierrez McHenry Schneider Huffman Miller, George Serrano for rollcall vote No. 534, a recorded vote on S. Hahn McIntyre Schock Huizenga (MI) Moore Sessions McKeon 2040. Had I been present, I would have voted Hanabusa Schwartz Hultgren Moran Sewell (AL) Hanna McKinley ‘‘yea.’’ Schweikert Hunter Mullin Shea-Porter Harper McMorris Scott (VA) Israel Mulvaney Sherman Mr. GARRETT. Mr. Speaker, on rollcall No. Harris Rodgers Scott, Austin Issa Murphy (FL) Shimkus 534, I was unable to vote due to a doctor’s Hartzler McNerney Scott, David Jackson Lee Murphy (PA) Shuster Hastings (FL) Meadows appointment. Had I been present, I would Sensenbrenner Jeffries Nadler Simpson Hastings (WA) Meehan have voted ‘‘aye.’’ Serrano Jenkins Napolitano Sinema Heck (NV) Meeks Sessions Johnson (GA) Neal Sires f Heck (WA) Meng Johnson (OH) Neugebauer Slaughter Hensarling Messer Sewell (AL) Johnson, E. B. Noem Smith (MO) Herrera Beutler Mica Shea-Porter Johnson, Sam Nolan Smith (NE) MAY 31, 1918 ACT REPEAL ACT Higgins Michaud Sherman Jolly Norcross Smith (NJ) The SPEAKER pro tempore. The un- Himes Miller (FL) Shimkus Shuster Jones Nugent Smith (TX) finished business is the vote on the mo- Hinojosa Miller (MI) Jordan Nunes Smith (WA) Holding Miller, George Simpson Joyce Nunnelee Southerland tion to suspend the rules and pass the Holt Moore Sinema Kaptur O’Rourke Speier bill (H.R. 5050) to repeal the Act of May Honda Moran Sires Keating Olson Stewart 31, 1918, and for other purposes, on Horsford Mullin Slaughter Kelly (IL) Owens Stivers which the yeas and nays were ordered. Hoyer Mulvaney Smith (MO) Kelly (PA) Palazzo Stockman Hudson Murphy (FL) Smith (NE) Kennedy Pallone Stutzman The Clerk read the title of the bill. Huelskamp Murphy (PA) Smith (NJ) Kildee Pascrell Swalwell (CA) The SPEAKER pro tempore. The Huffman Nadler Smith (TX) Kilmer Pastor (AZ) Takano question is on the motion offered by Huizenga (MI) Napolitano Smith (WA) Kind Paulsen Terry the gentleman from Washington (Mr. Hultgren Neal Southerland King (IA) Payne Thompson (CA) Hunter Neugebauer Speier King (NY) Pearce Thompson (MS) HASTINGS) that the House suspend the Hurt Noem Stewart Kinzinger (IL) Pelosi Thompson (PA) rules and pass the bill. Israel Nolan Stivers Kirkpatrick Perry Thornberry This is a 5-minute vote. Issa Norcross Stockman Kline Peters (CA) Tiberi The vote was taken by electronic de- Jackson Lee Nugent Stutzman Kuster Peters (MI) Tierney Jeffries Nunes vice, and there were—yeas 418, nays 0, Swalwell (CA) Labrador Peterson Tipton Jenkins Nunnelee Takano LaMalfa Petri Titus not voting 16, as follows: Johnson (GA) O’Rourke Terry Lamborn Pingree (ME) Tonko [Roll No. 535] Johnson (OH) Olson Thompson (CA) Lance Pittenger Tsongas Johnson, E. B. Owens YEAS—418 Thompson (MS) Langevin Pitts Turner Johnson, Sam Palazzo Thompson (PA) Pocan Upton Lankford Adams Capps Delaney Jolly Pallone Thornberry Larsen (WA) Poe (TX) Valadao Pascrell Amash Ca´ rdenas DeLauro Jones Tiberi Larson (CT) Polis Van Hollen Pastor (AZ) Amodei Carney DelBene Jordan Tierney Latham Pompeo Vargas Joyce Paulsen Bachmann Carson (IN) Denham Tipton Latta Posey Veasey Kaptur Payne Bachus Carter Dent Titus Lee (CA) Price (GA) Vela Barber Cartwright DeSantis Keating Pearce Tonko Levin Price (NC) Vela´ zquez Barletta Castor (FL) DesJarlais Kelly (IL) Pelosi Tsongas Lewis Quigley Visclosky Barr Castro (TX) Deutch Kelly (PA) Perry Turner LoBiondo Rahall Wagner Barrow (GA) Chabot Diaz-Balart Kennedy Peters (CA) Upton Loebsack Rangel Walberg Barton Chaffetz Dingell Kildee Peters (MI) Valadao Lofgren Reed Walden Bass Chu Doggett Kilmer Peterson Van Hollen Long Reichert Walorski Beatty Cicilline Duffy Kind Petri Vargas Lowenthal Renacci Walz Becerra Clark (MA) Duncan (SC) King (IA) Pingree (ME) Veasey Lowey Ribble Wasserman Benishek Clarke (NY) Duncan (TN) King (NY) Pittenger Vela Lucas Rice (SC) Schultz Bentivolio Clawson (FL) Edwards Kinzinger (IL) Pitts ´ Luetkemeyer Richmond Waters Bera (CA) Clay Ellison Kirkpatrick Pocan Velazquez Lujan Grisham Rigell Waxman Bilirakis Cleaver Ellmers Kline Poe (TX) Visclosky (NM) Roby Weber (TX) Bishop (GA) Clyburn Engel Kuster Polis Wagner Luja´ n, Ben Ray Roe (TN) Webster (FL) Bishop (NY) Coble Enyart Labrador Pompeo Walberg (NM) Rogers (KY) Welch Bishop (UT) Coffman Eshoo LaMalfa Posey Walden Lummis Rogers (MI) Wenstrup Black Cohen Esty Lamborn Price (GA) Walorski Blackburn Cole Farenthold Lynch Rohrabacher Westmoreland Lance Price (NC) Walz Blumenauer Collins (GA) Farr Maffei Rokita Whitfield Langevin Quigley Wasserman Bonamici Collins (NY) Fattah Maloney, Rooney Williams Lankford Rahall Schultz Boustany Conaway Fincher Carolyn Ros-Lehtinen Wilson (FL) Larsen (WA) Rangel Waters Brady (PA) Connolly Fitzpatrick Maloney, Sean Roskam Wilson (SC) Larson (CT) Reed Waxman Brady (TX) Conyers Fleischmann Marchant Ross Wittman Reichert Weber (TX) Braley (IA) Cook Fleming Latham Marino Rothfus Wolf Renacci Webster (FL) Brat Cooper Flores Latta Massie Roybal-Allard Womack Lee (CA) Ribble Welch Matsui Royce Woodall Bridenstine Costa Forbes Wenstrup Brooks (AL) Cotton Fortenberry Levin Rice (SC) McAllister Ruiz Yarmuth Westmoreland Brooks (IN) Courtney Foster Lewis Richmond McCarthy (CA) Runyan Yoder Lipinski Rigell Whitfield McCaul Ruppersberger Yoho Broun (GA) Cramer Foxx LoBiondo Roby Williams McCollum Ryan (OH) Young (AK) Brown (FL) Crawford Frankel (FL) Loebsack Roe (TN) Wilson (FL) McDermott Ryan (WI) Young (IN) Brownley (CA) Crenshaw Franks (AZ) Buchanan Crowley Frelinghuysen Lofgren Rogers (AL) Wilson (SC) Long Rogers (KY) Wittman NOT VOTING—20 Bucshon Cuellar Fudge Burgess Culberson Gabbard Lowenthal Rogers (MI) Wolf Aderholt Hall Miller, Gary Bustos Cummings Gallego Lowey Rohrabacher Womack Bass Hurt Negrete McLeod Butterfield Daines Garamendi Lucas Rokita Woodall Capuano Kingston Perlmutter Byrne Davis (CA) Garcia Luetkemeyer Rooney Yarmuth Cassidy Lipinski Rogers (AL) Calvert Davis, Danny Gardner Lujan Grisham Ros-Lehtinen Yoder Doyle Matheson Rush Camp Davis, Rodney Gerlach (NM) Roskam Yoho Duckworth McCarthy (NY) Schrader Campbell DeFazio Gibbs Luja´ n, Ben Ray Ross Young (AK) Garrett McClintock Capito DeGette Gibson (NM) Rothfus Young (IN)

VerDate Sep 11 2014 01:29 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.023 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8239 NOT VOTING—16 Fudge Lowenthal Rooney NAYS—7 Gabbard Lowey Ros-Lehtinen Aderholt Hall Negrete McLeod Blackburn Poe (TX) Williams Gallego Lucas Roskam Capuano Kingston Perlmutter Griffith (VA) Stockman Garamendi Luetkemeyer Ross Cassidy Matheson Rush Mulvaney Weber (TX) Garcia Lujan Grisham Rothfus Doyle McCarthy (NY) Schrader (NM) Duckworth McClintock Gardner Roybal-Allard NOT VOTING—17 Gerlach Luja´ n, Ben Ray Royce Garrett Miller, Gary Aderholt Duckworth Miller, Gary Gibbs (NM) Ruiz Blumenauer Garrett Negrete McLeod Gibson Lummis Runyan b 1333 Capuano Hall Perlmutter Gingrey (GA) Lynch Ruppersberger Cassidy Matheson Maffei Rush So (two-thirds being in the affirma- Gohmert Ryan (OH) Culberson McCarthy (NY) Maloney, Schrader tive) the rules were suspended and the Goodlatte Ryan (WI) Doyle McClintock bill was passed. Gosar Carolyn Salmon Gowdy Maloney, Sean Sa´ nchez, Linda f The result of the vote was announced Granger Marchant T. as above recorded. Graves (GA) Marino Sanchez, Loretta b 1340 A motion to reconsider was laid on Graves (MO) Massie Sanford Grayson Matsui Sarbanes So (two-thirds being in the affirma- the table. Green, Al McAllister Scalise tive) the rules were suspended and the Stated for: Green, Gene McCarthy (CA) Schakowsky bill, as amended, was passed. Mr. GARRETT. Mr. Speaker, on rollcall No. Griffin (AR) McCaul Schiff The result of the vote was announced 535 I was unable to vote due to a doctor’s ap- Grijalva McCollum Schneider Grimm McDermott Schock as above recorded. pointment. Had I been present, I would have Guthrie McGovern Schwartz The title of the bill was amended so voted ‘‘aye.’’ Gutie´rrez McHenry Schweikert as to read: ‘‘A bill to revise the bound- Hahn McIntyre Scott (VA) aries of certain John H. Chafee Coastal f McKeon Hanabusa Scott, Austin Barrier Resources System units.’’. JOHN H. CHAFEE COASTAL BAR- Hanna McKinley Scott, David Harper McMorris Sensenbrenner A motion to reconsider was laid on RIER RESOURCES SYSTEM Harris Rodgers Serrano the table. BOUNDARIES REVISION Hartzler McNerney Sessions Stated for: Hastings (FL) Meadows Sewell (AL) The SPEAKER pro tempore. The un- Hastings (WA) Meehan Shea-Porter Mr. GARRETT. Mr. Speaker, on rollcall No. finished business is the vote on the mo- Heck (NV) Meeks Sherman 536 I was unable to vote due to a doctor’s ap- tion to suspend the rules and pass the Heck (WA) Meng Shimkus pointment. Had I been present, I would have bill (H.R. 3572) to revise the boundaries Hensarling Messer Shuster voted aye. Herrera Beutler Mica Simpson of certain John H. Chafee Coastal Bar- Higgins Michaud Sinema f rier Resources System units in North Himes Miller (FL) Sires Carolina, as amended, on which the Hinojosa Miller (MI) Slaughter b 1345 yeas and nays were ordered. Holding Miller, George Smith (MO) Holt Moore Smith (NE) SBIC ADVISERS RELIEF ACT OF The Clerk read the title of the bill. Honda Moran Smith (NJ) 2014 The SPEAKER pro tempore. The Horsford Mullin Smith (TX) question is on the motion offered by Hoyer Murphy (FL) Smith (WA) Mr. LUETKEMEYER. Mr. Speaker, I Hudson Murphy (PA) the gentleman from Washington (Mr. Southerland move to suspend the rules and pass the Huelskamp Nadler Speier HASTINGS) that the House suspend the Huffman Napolitano bill (H.R. 4200) to amend the Invest- Stewart ment Advisers Act of 1940 to prevent rules and pass the bill, as amended. Huizenga (MI) Neal Stivers This is a 5-minute vote. Hultgren Neugebauer Stutzman duplicative regulation of advisers of Hunter Noem The vote was taken by electronic de- Swalwell (CA) small business investment companies. Hurt Nolan Takano vice, and there were—yeas 410, nays 7, Israel Norcross The Clerk read the title of the bill. Terry The text of the bill is as follows: not voting 17, as follows: Issa Nugent Thompson (CA) Jackson Lee Nunes Thompson (MS) H.R. 4200 [Roll No. 536] Jeffries Nunnelee Thompson (PA) Jenkins O’Rourke Be it enacted by the Senate and House of Rep- YEAS—410 Thornberry Johnson (GA) Olson resentatives of the United States of America in Adams Campbell Davis (CA) Tiberi Johnson (OH) Owens Congress assembled, Amash Capito Davis, Danny Tierney Johnson, E. B. Palazzo Amodei Capps Davis, Rodney Tipton SECTION 1. SHORT TITLE. Johnson, Sam Pallone Bachmann Ca´ rdenas DeFazio Titus This Act may be cited as the ‘‘SBIC Advis- Jolly Pascrell Bachus Carney DeGette Tonko Jones Pastor (AZ) ers Relief Act of 2014’’. Barber Carson (IN) Delaney Tsongas Jordan Paulsen SEC. 2. ADVISERS OF SBICS AND VENTURE CAP- Barletta Carter DeLauro Turner Joyce Payne ITAL FUNDS. Barr Cartwright DelBene Upton Kaptur Pearce Barrow (GA) Castor (FL) Denham Section 203(l) of the Investment Advisers Keating Pelosi Valadao Barton Castro (TX) Dent Act of 1940 (15 U.S.C. 80b–3(l)) is amended— Kelly (IL) Perry Van Hollen Bass Chabot DeSantis (1) by striking ‘‘No investment adviser’’ Kelly (PA) Peters (CA) Vargas Beatty Chaffetz DesJarlais Veasey and inserting the following: Becerra Chu Deutch Kennedy Peters (MI) Kildee Peterson Vela ‘‘(1) IN GENERAL.—No investment adviser’’; Benishek Cicilline Diaz-Balart ´ Kilmer Petri Velazquez and Bentivolio Clark (MA) Dingell Visclosky Bera (CA) Clarke (NY) Doggett Kind Pingree (ME) (2) by adding at the end the following: King (IA) Pittenger Wagner ‘‘(2) ADVISERS OF SBICS.—For purposes of Bilirakis Clawson (FL) Duffy Walberg Bishop (GA) Clay Duncan (SC) King (NY) Pitts this subsection, a venture capital fund in- Kingston Pocan Walden Bishop (NY) Cleaver Duncan (TN) Walorski cludes an entity described in subparagraph Bishop (UT) Clyburn Edwards Kinzinger (IL) Polis Walz (A), (B), or (C) of subsection (b)(7) (other Black Coble Ellison Kirkpatrick Pompeo Wasserman than an entity that has elected to be regu- Bonamici Coffman Ellmers Kline Posey Schultz lated or is regulated as a business develop- Boustany Cohen Engel Kuster Price (GA) Waters Brady (PA) Cole Enyart Labrador Price (NC) ment company pursuant to section 54 of the Waxman Brady (TX) Collins (GA) Eshoo LaMalfa Quigley Investment Company Act of 1940).’’. Webster (FL) Braley (IA) Collins (NY) Esty Lamborn Rahall SEC. 3. ADVISERS OF SBICS AND PRIVATE FUNDS. Welch Brat Conaway Farenthold Lance Rangel Section 203(m) of the Investment Advisers Langevin Reed Wenstrup Bridenstine Connolly Farr Act of 1940 (15 U.S.C. 80b–3(m)) is amended by Brooks (AL) Conyers Fattah Lankford Reichert Westmoreland Brooks (IN) Cook Fincher Larsen (WA) Renacci Whitfield adding at the end the following: Broun (GA) Cooper Fitzpatrick Larson (CT) Ribble Wilson (FL) ‘‘(3) ADVISERS OF SBICS.—For purposes of Brown (FL) Costa Fleischmann Latham Rice (SC) Wilson (SC) this subsection, the assets under manage- Brownley (CA) Cotton Fleming Latta Richmond Wittman ment of a private fund that is an entity de- Buchanan Courtney Flores Lee (CA) Rigell Wolf scribed in subparagraph (A), (B), or (C) of Bucshon Cramer Forbes Levin Roby Womack subsection (b)(7) (other than an entity that Woodall Burgess Crawford Fortenberry Lewis Roe (TN) has elected to be regulated or is regulated as Bustos Crenshaw Foster Lipinski Rogers (AL) Yarmuth Butterfield Crowley Foxx LoBiondo Rogers (KY) Yoder a business development company pursuant to Byrne Cuellar Frankel (FL) Loebsack Rogers (MI) Yoho section 54 of the Investment Company Act of Calvert Cummings Franks (AZ) Lofgren Rohrabacher Young (AK) 1940) shall be excluded from the limit set Camp Daines Frelinghuysen Long Rokita Young (IN) forth in paragraph (1).’’.

VerDate Sep 11 2014 01:29 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.025 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8240 CONGRESSIONAL RECORD — HOUSE December 2, 2014 SEC. 4. RELATIONSHIP TO STATE LAW. from the SEC’s assets under manage- paragraph (A) (including affiliate entities Section 203A(b)(1) of the Investment Advis- ment threshold calculation; number predominantly engaged in providing financ- ers Act of 1940 (15 U.S.C. 80b–3a(b)(1)) is three, it allows SBIC funds with less ing for the purchase of the merchandise or amended— than $90 million in assets under man- manufactured goods of the person) may qual- (1) in subparagraph (A), by striking ‘‘or’’ at ify for the exception only if the affiliate en- the end; agement to be regulated solely by the ters into the swap to hedge or mitigate the (2) in subparagraph (B), by striking the pe- SBA, as they are today. commercial risk of the person or other affil- riod at the end and inserting ‘‘; or’’; and The Financial Services Committee iate of the person that is not a financial en- (3) by adding at the end the following: has thoroughly examined the bipar- tity, provided that if the hedge or mitigation ‘‘(C) that is not registered under section tisan legislation in both a legislative of such commercial risk is addressed by en- 203 because that person is exempt from reg- hearing and a markup. H.R. 4200 gar- tering into a swap with a swap dealer or istration as provided in subsection (b)(7) of nered praise from members on both major swap participant, an appropriate cred- such section, or is a supervised person of sides of the aisle and from witnesses it support measure or other mechanism must such person.’’. be utilized.’’. who testified on the bill in an April The SPEAKER pro tempore (Mr. (2) SECURITIES EXCHANGE ACT OF 1934 AMEND- hearing. This noncontroversial legisla- MENT.—Section 3C(g)(4)(A) of the Securities HULTGREN). Pursuant to the rule, the tion passed the committee by a vote of Exchange Act of 1934 (15 U.S.C. 78c–3(g)(4)(A)) gentleman from Missouri (Mr. LUETKE- 56–0 in May. is amended to read as follows: MEYER) and the gentlewoman from Wis- It is also important to note that the ‘‘(A) IN GENERAL.—An affiliate of a person consin (Ms. MOORE) each will control 20 legislation includes suggestions made that qualifies for an exception under para- minutes. by the SEC. Most importantly, this graph (1) (including affiliate entities pre- The Chair recognizes the gentleman legislation includes sensible provisions dominantly engaged in providing financing for the purchase of the merchandise or man- from Missouri. that prevent redundant regulatory GENERAL LEAVE ufactured goods of the person) may qualify mandates and allow for a greater infor the exception only if the affiliate enters Mr. LUETKEMEYER. Mr. Speaker, I vestment in America’s small busi- into the security-based swap to hedge or ask unanimous consent that all Mem- nesses. mitigate the commercial risk of the person bers have 5 legislative days within I want to thank Congresswoman or other affiliate of the person that is not a which to revise and extend their re- MALONEY for her help on this bill, and financial entity, provided that if the hedge marks and submit extraneous mate- I ask my colleagues for their support. or mitigation such commercial risk is ad- rials for the RECORD on H.R. 4200, cur- Mr. Speaker, I reserve the balance of dressed by entering into a security-based rently under consideration. my time. swap with a security-based swap dealer or The SPEAKER pro tempore. Is there major security-based swap participant, an Ms. MOORE. Mr. Speaker, I yield my- appropriate credit support measure or other objection to the request of the gen- self such time as I may consume. mechanism must be utilized.’’. tleman from Missouri? This bill, as has been indicated, is a (b) APPLICABILITY OF CREDIT SUPPORT There was no objection. bipartisan bill. We support the bill. I MEASURE REQUIREMENT.—The requirements Mr. LUETKEMEYER. Mr. Speaker, I have no requests for time; therefore, I in section 2(h)(7)(D)(i) of the Commodity Ex- yield myself such time as I may con- would urge my colleagues to support change Act and section 3C(g)(4)(A) of the Se- sume. the bill. curities Exchange Act of 1934, as amended by The legislation we consider today is a I yield back the balance of my time. subsection (a), requiring that a credit support measure or other mechanism be utilized bipartisan, noncontroversial, and com- Mr. LUETKEMEYER. Mr. Speaker, I monsense change that will ultimately if the transfer of commercial risk referred to have no other speakers, and I yield in such sections is addressed by entering into allow for greater small business capital back the balance of my time. a swap with a swap dealer or major swap par- formation and job creation. The SPEAKER pro tempore. The ticipant or a security-based swap with a se- H.R. 4200, the SBIC Advisers Relief question is on the motion offered by curity-based swap dealer or major security- Act, streamlines reporting require- the gentleman from Missouri (Mr. based swap participant, as appropriate, shall ments for advisers to small business in- LUETKEMEYER) that the House suspend not apply with respect to swaps or security- vestment companies, or SBICs. These the rules and pass the bill, H.R. 4200. based swaps, as appropriate, entered into be- are advisers to investment funds who The question was taken; and (two- fore the date of the enactment of this Act. make long-term investments in U.S. thirds being in the affirmative) the The SPEAKER pro tempore. Pursu- small businesses and who have to the rules were suspended and the bill was ant to the rule, the gentleman from tune of more than $63 billion since 1958. passed. Missouri (Mr. LUETKEMEYER) and the Under current law and for more than A motion to reconsider was laid on gentlewoman from Wisconsin (Ms. 55 years, SBICs have been regulated the table. MOORE) each will control 20 minutes. The Chair recognizes the gentleman and closely supervised by the Small f Business Administration. The existing from Missouri. regulatory regime surrounding SBICs COMMODITY EXCHANGE ACT AND GENERAL LEAVE includes an in-depth examination of SECURITIES EXCHANGE ACT Mr. LUETKEMEYER. Mr. Speaker, I management, strong investment rules, AMENDMENTS ask unanimous consent that all Mem- operational requirements, record- Mr. LUETKEMEYER. Mr. Speaker, I bers have 5 legislative days within keeping, examination and reporting move to suspend the rules and pass the which to revise and extend their re- mandates, and conflict of interest bill (H.R. 5471) to amend the Com- marks and submit extraneous mate- rules. These entities and the manage- modity Exchange Act and the Securi- rials for the RECORD on H.R. 5471, cur- ment of these entities are anything but ties Exchange Act of 1934 to specify rently under consideration. unregulated. how clearing requirements apply to The SPEAKER pro tempore. Is there The need for exemptions for SBICs certain affiliate transactions, and for objection to the request of the gen- and their advisers has been well-recog- other purposes. tleman from Missouri? nized by Congress. Congress’ intent by The Clerk read the title of the bill. There was no objection. including some of these exemptions in The text of the bill is as follows: Mr. LUETKEMEYER. Mr. Speaker, I previous legislation was to reduce the H.R. 5471 yield myself such time as I may con- regulatory burdens facing smaller Be it enacted by the Senate and House of Rep- sume. funds and SBICs. This bill fixes some resentatives of the United States of America in Hundreds of American businesses, unintended consequences that have Congress assembled, large and small—from manufacturers, arisen and need to be addressed. SECTION 1. TREATMENT OF AFFILIATE TRANS- to utilities, to agricultural businesses, The SBIC Advisers Relief Act does so ACTIONS. to airlines—use derivatives every day by doing three things: number one, it (a) IN GENERAL.— to manage their business risks and to allows advisers who jointly advise (1) COMMODITY EXCHANGE ACT AMEND- reduce their exposure to price fluctua- MENT.—Section 2(h)(7)(D)(i) of the Com- SBICs and venture funds to be exempt modity Exchange Act (7 U.S.C. 2(h)(7)(D)(i)) tions. from registration, combining two sepa- is amended to read as follows: Without derivatives, businesses and rate exemptions that already exist; ‘‘(i) IN GENERAL.—An affiliate of a person their customers would face increased number two, it excludes SBIC assets that qualifies for an exception under sub- prices for the goods and services these

VerDate Sep 11 2014 01:39 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.009 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8241 businesses provide. The derivatives H.R. 5471 is still needed because, as a corporate entities pose no systemic these businesses use are not risky. practical matter, no-action relief is no risk, and they should not be regulated They played no role in the financial substitute for statutory fixes as it cre- as if they do. These transactions are crisis. Nevertheless, they were targeted ates legal uncertainty when deciding used to reduce an individual firm’s risk in the Dodd-Frank Act, which in- how to organize your global business by consolidating a hedging portfolio creased their price and decreased their structure. spread across a corporate group. availability. Corporate boards may be hesitant to By doing this, firms can find savings Since the beginning of the 112th Con- approve a decision, as they are required with offsetting positions between affili- gress in 2011, the Financial Services to do, that violates the law based only ates and can reduce the need for the Committee and the Agriculture Com- on an assurance that CFTC staff will group to seek hedges in the wider mar- mittee have worked together to clarify not recommend enforcement. H.R. 5471 ket. that title VII of the Dodd-Frank Act fixes the quirky result of treating com- H.R. 5471 will prevent the redundant should not burden Main Street busi- panies that use a CTU model dif- regulation of these harmless interaffil- nesses with a costly compliance regime ferently than companies that do not iate transactions that would tie up the that would stifle growth and job cre- accomplish the same result. working capital companies with no ation. The bill also solves another far more added protections for the market or These efforts have produced bipar- technical issue with the no-action re- benefits for the consumers. I strongly tisan bills, including many sponsored lief that relates to CTUs issuing swaps support this bipartisan, commonsense by Democrats, that have passed the as a principal, as opposed to as an legislation, and I urge all of my col- House with large majorities. The bill agent. leagues to vote ‘‘yes.’’ under consideration is yet another. There is simply no good reason to not Ms. MOORE. Mr. Speaker, I yield H.R. 5471 is sponsored by my Demo- address these issues. In fact, CTUs are such time as she may consume to the cratic colleague on the Financial Serv- considered a corporate best practice. I gentlewoman from California, Ms. ices Committee, Representative GWEN can offer you, Mr. Speaker, an example MAXINE WATERS, the ranking member MOORE, and is cosponsored by another of one company in my district, of the committee. Ms. WATERS. Mr. Speaker, I would colleague, Representative STEVE STIV- MillerCoors. They summarized it best first like to thank Congresswoman ERS. The bill amends the Securities Ex- in written testimony before the House MOORE, as well as Congresswoman change Act of 1934 and the Commodity Financial Services Committee: FUDGE, for their efforts to craft the Exchange Act, and it extends the Dodd- Though it may be tempting to view all de- text of this bill which represents a dra- Frank Act, title VII, clearing exemp- rivatives as risky financial products that were central to the credit crisis, we must re- matic improvement from a similar bill tion to nonfinancial entities that use a member that these are important tools upon that was considered in the Financial central treasury unit to reduce risk which thousands of companies depend to Services Committee 18 months ago. and net the hedging needs of affiliated manage risks in the real economy. At that time, Commodity Futures businesses. Just remember that we all have com- Trading Commission—that is, the Mr. Speaker, that may sound tech- panies in our districts that use swaps CFTC—Chairman Gary Gensler warned nical, but the bill is a commonsense legitimately to mitigate risk. I urge all that providing such a broad interaffil- measure to give regulatory certainty of my colleagues to support this impor- iate exemption from the requirement to Main Street businesses in Missouri tant legislation. to clear derivatives could harm its ef- and beyond. I encourage my colleagues Mr. Speaker, I reserve the balance of forts to regulate the market. to support H.R. 5471. my time. Since that time, however, the au- I reserve the balance of my time. Mr. LUETKEMEYER. Mr. Speaker, I thors of this legislation have signifi- Ms. MOORE. Mr. Speaker, I yield my- yield 3 minutes to the gentleman from cantly tailored the language, incor- self such time as I may consume. Oklahoma (Mr. LUCAS), the distin- porating several technical edits pro- I join my colleague, the gentleman guished chairman of the Agriculture vided by the CFTC, and the measure from Missouri, in urging my colleagues Committee. now only extends the interaffiliate ex- to support H.R. 5471; however, before I Mr. LUCAS. Mr. Speaker, I would emption to instances when the com- get into why we should support the like to thank the gentleman from Mis- mercial risk of an exempt end user is bill, I need to thank all of my partners souri for yielding. being hedged or mitigated. in this effort. I would like to thank my colleagues Last week, the CFTC provided the As has been mentioned, Mr. STIVERS from the House Agriculture Com- same tailored relief that this bill would has been fantastic throughout this en- mittee, Mr. GIBSON and Ms. FUDGE, for provide. I submit for the RECORD the tire process. I knew going into this their continued leadership on this CFTC’s no-action letter. that I had a great Republican partner. issue; also, I would like to thank Ms. U.S. COMMODITY FUTURES I can’t say enough about Representa- MOORE and Mr. STIVERS for working TRADING COMMISSION, tive STIVERS, but time will not allow with my committee to introduce this Washington, DC, November 26, 2014. me to do it. compromise language as a stand-alone Re No-Action Relief from the Clearing Re- I had another great bipartisan part- bill for the House’s consideration. quirement for Swaps Entered into by Eli- ner in Representative GIBSON on the Almost identical language was in- gible Treasury Affiliates Agriculture Committee. Of course, it is cluded in the Agriculture Committee’s The purpose of this letter is to amend the always a joy to work with a good friend CFTC reauthorization bill, H.R. 4413. I no-action relief previously granted by the and colleague on the Ag Committee, am proud to say that we moved that Division of Clearing and Risk (‘‘Division’’) of the Commodity Futures Trading Commission Representative MARCIA FUDGE. legislation through the Ag Committee Mr. Speaker, H.R. 5471 is a true ‘‘end (‘‘Commission’’) under No-Action Letter 13– by a voice vote and then passed it here 22 to address certain challenges faced by users’’ bill. The bill is targeted as it ap- on the House floor with overwhelming treasury affiliates in undertaking hedging plies to centralized treasury centers, or bipartisan support this summer. I am activities on behalf of non-financial affili- CTUs, of nonfinancial end user compa- hopeful that this bill can receive the ates within a corporate group. Those chal- nies. same strong bipartisan support. lenges pertained to certain conditions in the The CTU model enables an end user H.R. 5471 will provide American busi- prior relief. The Division in this letter is al- corporation to efficiently centralize nesses the certainty they need to con- tering some of those conditions to enable ad- hedging risks for the entire consoli- tinue managing their risk in the most ditional market participants to avail them- dated corporate group, and it is, in efficient manner possible. Today, busi- selves of the treasury affiliate relief originally set forth in No Action Letter 13–22. fact, a corporate best practice. It per- nesses all over America rely on the TREASURY AFFILIATE EXEMPTION FROM mits companies to more efficiently ability to centralize their hedging ac- CLEARING hedge commercial business risk, which tivities to reduce their counterparty On June 4, 2013, the Division granted no-ac- was always the intent of Dodd-Frank. credit risk, to lower costs, and to sim- tion relief from the clearing requirement The CFTC agrees with the underlying plify their financial dealings. under section 2(h)(1) of the Commodity Ex- policy of the bill as they have provided It is important to remember that change Act (‘‘CEA’’) and part 50 of the Com- no-action relief on this point; however, these transactions between affiliated mission’s regulations, for swaps entered into

VerDate Sep 11 2014 01:39 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.027 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8242 CONGRESSIONAL RECORD — HOUSE December 2, 2014 by certain affiliates acting on behalf of non- impractical for many treasury affiliates. As Market participants have indicated that financial affiliates within a corporate group discussed below, the Division is therefore the definition of ‘‘related affiliates’’ under for the purpose of hedging or mitigating amending the following requirements and No-Action Letter 13–22 unnecessarily ex- commercial risk (hereinafter referred to as conditions. cludes certain entities that perform a cash ‘‘treasury affiliates’’). i. The requirement that the ultimate par- pooling function for a corporate family that No-Action Letter 13–22 was issued based on ent of a treasury affiliate identify all includes a financial entity. The definition of the Division’s understanding that treasury wholly- and majority-owned affiliates and related affiliate currently includes either: (i) affiliates were undertaking hedging activi- ensure a majority qualify for the end-user a non-financial entity that is, or is directly ties on behalf of non-financial affiliates that exception. or indirectly wholly- or majority-owned by, were eligible to elect the end-user exception Market participants have expressed con- the ultimate parent; or (ii) a person that is from clearing, but were themselves ineligible cerns about the second condition for eligible another eligible treasury affiliate for an en- to elect the exception. As discussed further treasury affiliate status in No-Action Letter tity described in (i). below, because treasury affiliates can act in 13–22. The second condition requires that the Market participants claim that the limita- a wider capacity as treasury centers that ultimate parent of a treasury affiliate iden- tion is unnecessary, highlighting that the provide financial services for all or most of tify all wholly- and majority-owned affili- third General Condition to the Swap Activ- the affiliates within a corporate group, in- ates within the corporate group and ensure ity already precludes an eligible treasury af- cluding daily cash management, debt admin- that a majority qualify for the end-user ex- filiate from entering into swaps with, and on istration, and risk hedging and mitigation, ception. behalf of, its financial affiliates. The Divi- treasury affiliates met the definition of ‘‘fi- Market participants have noted the ratio sion agrees the definition is problematic be- nancial entity’’ under section of the absolute number of financial entities cause the collection and disbursement of 2(h)(7)(C)(i)(VIII) of the CEA and thus could to nonfinancial entities does not necessarily cash within the corporate family is a core not elect the end-user exception. As a result, provide meaning-fill information about the function of a treasury affiliate. Given the ex- the Division granted treasury affiliates relief corporate family as a whole, and adds on- isting restrictions on swap activity by the to continue entering into non-cleared swaps going surveillance responsibilities and ex- eligible treasury affiliate with or on behalf on behalf of the non-financial affiliates, sub- penses for the corporate family. The Division of a financial affiliate, the Division has ject to specific conditions and requirements. agrees and has removed the requirement ac- amended the related affiliate definition to The Division has since learned that there cordingly in the revised relief set forth here- allow entities that provide financial services are treasury affiliates precluded from elect- in. on behalf of a financial entity to nonetheless ing the relief in No-Action Letter 13–22 be- ii. The requirement that the treasury affil- qualify as an eligible treasury affiliate. cause they do not meet certain conditions iate is not itself or is not affiliated with a iv. The requirement that treasury affili- contained in the letter. As discussed below, systemically important nonbank financial ates transfer the risk of related affiliates based on input from market participants, the company. through the use of swaps. Division is hereby issuing this letter to Market participants have also expressed Market participants have expressed con- amend some of the conditions and require- concerns about the fourth condition for eligi- cern with the first General Condition to ments contained in No-Action Letter 13–22 to ble treasury affiliate status in No-Action Swap Activity in No-Action Letter 13–22. The allow additional treasury affiliates to rely Letter 13–22. The fourth condition prohibits condition requires the eligible treasury affil- on the relief from clearing. the treasury affiliate from being, or being af- iate enter into the exempted swap for the filiated with, a nonbank financial company APPLICABLE REGULATORY REQUIREMENTS sole purpose of hedging or mitigating the that has been designated as systemically im- commercial risk of one or more related af- Under section 2(h)(1)(A) of the CEA, it is portant by the Financial Stability Oversight filiates that was transferred to the eligible unlawful for any person to engage in a swap Council. As explained above, section treasury affiliate by operation of one or unless that person submits such swap for 2(h)(7)(D) of the CEA permits affiliates act- more swaps with such related affiliates. clearing to a derivatives clearing organiza- ing as an agent and on behalf of entities eli- According to market participants, there tion (‘‘DCO’’) that is registered under the gible for the end-user exception to elect the are a number of ways for commercial risk to CEA or exempt from registration if the swap end-user exception themselves, unless the af- be transferred between affiliates, and that is required to be cleared. On November 29, filiate is one of seven enumerated types of the risk that a treasury affiliate may have 2012, the Commission adopted its first clear- entities listed in section 2(h)(7)(D)(ii). been seeking to hedge or mitigate would not ing requirement determination, requiring Among others, these prohibited entities in- necessarily be transferred from the operating that swaps meeting certain specifications clude swap dealers, commodity pools, and affiliate to the treasury affiliate by way of a within four classes of interest rate swaps and bank holding companies with over $50 billion swap transaction as required by No-Action two classes of credit default swaps be in consolidated assets. Letter 13–22. The method by which the risk is cleared. Market participants have pointed out that transferred can be dependent on the type of Pursuant to section 2(h)(7) of the CEA and the fourth condition for eligible treasury af- risk being hedged. For example, it may be § 50.50 of the Commission’s regulations, a filiate status provides a list of entities that more common for foreign exchange risk to counterparty to a swap that is subject to the generally tracks the list in section be transferred between affiliates through the clearing requirement may elect the end-user 2(h)(7)(D)(ii), except for the addition of sys- use of book-entry transfers, as opposed to in- exception from required clearing provided temically important nonbank financial com- terest rate risk, where the use of back-to- that such counterparty is not a financial en- panies. The Division believes that additional back swaps may be more prevalent. The Di- tity, as defined in section 2(h)(7)(C) of the restrictions relating to systemically impor- vision agrees that this limitation is unneces- CEA, and otherwise meets the requirements tant nonbank financial companies are appro- sarily strict and is revising the condition ac- of § 50.50 of the Commission’s regulations. priate. As a result, the Division is maintain- cordingly. However, as the transfer of risk Thus, the end-user exception from required ing the requirement that the treasury affil- from the related affiliate to the treasury af- clearing may be elected for swaps that are iate itself cannot be a systemically impor- filiate will no longer be evinced by back-to- entered into between two non-financial enti- tant nonbank financial company. However, back swaps, the Division will require that ties, or between a non-financial entity and a the Division also recognizes that certain cor- the treasury affiliate be able to identify the financial entity, for swaps that hedge or porate families with significant non-finan- related affiliate or affiliates on whose behalf mitigate commercial risk. cial operations are precluded from using the As noted above, the Division granted relief the swap was entered into by the treasury af- existing relief because of the affiliation with from required clearing for treasury affiliates filiate. a systemically important nonbank financial v. The requirement that treasury affiliates of non-financial companies that fall within company, regardless of the degree to which do not enter into swaps other than for hedg- the definition of ‘‘financial entity’’ under the operations of the financial and non-fi- ing or mitigating the commercial risk of one section 2(h)(7)(C)(i)(VIII) of the CEA when nancial entities are conducted separately. or more related affiliates. acting on behalf of affiliates that otherwise The Division believes restricting the treas- Market participants have questioned would be eligible to elect the end-user excep- ury affiliate from (i) entering into trans- whether an eligible treasury affiliate would tion from required clearing.’’As such, No-Ac- actions with, or on behalf of, a systemically lose its status if the entity entered into tion Letter 13–22 effectively allowed treasury important nonbank financial company and hedging transactions that were mitigating a affiliates, subject to certain additional re- (ii) providing any services, financial or oth- commercial risk of the treasury affiliate quirements and conditions, to take advan- erwise, to such a designated entity, provides itself. The second General Condition to the tage of the end-user exception from clearing sufficient protection from the risks of sys- Swap Activity states that the eligible treas- that its non-financial affiliates in the cor- temically important affiliate, while allowing ury affiliate cannot enter into swaps with re- porate group would otherwise have been eli- the treasury affiliate to provide the nec- lated affiliates or unaffiliated counterparties gible to elect had they entered into the essary support to its related operating enti- other than for the purposes of hedging or transactions directly. ties. The Division is amending the conditions mitigating the commercial risk of one or SUMMARY OF RELIEF relating to systemically important nonbank more related affiliates. Since the Division issued No-Action Letter financial companies accordingly. The Division agrees that a treasury affil- 13–22, market participants have highlighted iii. The requirement that treasury affili- iate should not lose its status as an eligible several requirements and conditions that ates act only on behalf of certain types of re- treasury affiliate simply because it entered make use of the relief granted thereunder lated affiliates. into a hedging transaction on its own behalf.

VerDate Sep 11 2014 03:48 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.013 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8243 The Division is therefore amending the lan- Dodd-Frank Act with regard to margin Ms. MOORE. Mr. Speaker, I am so de- guage in the second condition to allow an el- clearing and reporting requirements of lighted to yield 2 minutes to the gen- igible treasury affiliate to enter into its own interaffiliate transactions. What that tleman from Minnesota (Mr. PETER- hedging transactions. However, the Division means is a lot of Main Street busi- SON), the ranking member of the Ag notes that such transactions entered into by the eligible treasury affiliate on its own be- nesses in various industries, from agri- Committee. half would not be ‘‘exempted swaps’’ as de- culture to consumer products, that Mr. PETERSON. Mr. Speaker, I fined below, and may be required to be work across international boundaries thank the gentlewoman from Wis- cleared if subject to the Commission’s clear- use this central treasury unit structure consin and the others for their work on ing requirement and no other exception or to offset competing or offsetting risks, this legislation. exemption to clearing applied. Further, the and that way they can decide what H.R. 5471 provides further clarity to Division notes that treasury affiliates enter- their total aggregate risk is and then those using the derivatives market to ing into any speculative transaction, on its make it much more affordable for a hedge against risk and builds upon lan- own behalf or otherwise, would not be consistent with this condition. corporation. guage in H.R. 4413, legislation approved vi. The requirement that related affiliates Unfortunately, under the Dodd- by the House last summer to reauthor- entering into swaps with the treasury affil- Frank Act and the way the rules were ize the CFTC. The bill before us today iate, or the treasury affiliate itself, may not interpreted by the Commodity Futures makes it clear that if an affiliate of a enter into swaps with or on behalf of any af- Trading Commission, these companies company already exempted from clear- filiate that is a financial entity. were being charged double or triple the ing engages in a swap with a swap deal- Market participants have expressed confu- cost by imposing these central clearing er or major swap participant in order sion as to whether a related affiliate can unit ways of managing risk. It just enter into transactions with multiple eligi- to hedge or mitigate commercial risk, ble treasury affiliates under the third Gen- didn’t make sense, and it actually cost those swaps would also be exempt from eral Condition to the Swap Activity in No- them more money. These companies the clearing requirement as long as Action Letter 13–22. The third condition did not add systemic risk, and that is they use an appropriate credit support states that neither any related affiliate that what the rules on swaps were all about measure. enters into swaps with the eligible treasury is to make sure we reduce systemic While it is my understanding that affiliate nor the eligible treasury affiliate, risk. These companies are using these the CFTC would prefer to address this may enter into swaps with or on behalf of swaps to offset risk to their company issue through agency action, I also be- any affiliate that is a financial entity (a ‘‘fi- and their operating risks, and so this is nancial affiliate’’), or otherwise assumes, lieve that they are supportive of this nets, combines, or consolidates the risk of a commonsense piece of legislation. In language. Because H.R. 5471 improves swaps entered into by any financial affiliate. fact, Barney Frank, the author of the the work already done by the House, I Ms. WATERS. After conversations Dodd-Frank legislation, spoke in favor urge my colleagues to support this bill. with CFTC Chairman Massad and fol- of this when he was the ranking mem- Mr. LUETKEMEYER. Mr. Speaker, I lowing this action by the regulator, I ber in the last Congress. am prepared to close whenever the gen- felt comfortable having H.R. 5471 be Unfortunately, there was no activity tlewoman from Wisconsin is ready. considered under a suspension of the on the bill in the last Congress, and Ms. MOORE. Mr. Speaker, I would House rules. over the last 2 years both the Securi- now like to place the second half of the Now, I have heard from several com- ties and Exchange Commission and the CFTC letter into the RECORD. panies that, while the CFTC’s actions CFTC have worked with us—with Ms. No-Action Letter 13–22 contemplated the are welcome, they still need the legal MOORE and me—on these rules. They use of multiple eligible treasury affiliates certainty that only H.R. 5471 could pro- have done a pretty good job in that re- within a corporate family, but the Division agrees with market participants that the vide. gard, but there is more to be done because their rules left out the folks that third condition does not accurately reflect On the other side, of course, I have this. The Division is accordingly amending heard concerns that if we pass this bill use these centralized treasury units as a specific business model. Just last the third condition to clarify that the re- we may be binding the CFTC’s hands to striction on related affiliates and eligible deal with a problem that could arise in month, in fact, the CFTC published a treasury affiliates from entering into swap the future. no-action letter that Ms. MOORE re- transactions with financial entity affiliates I believe that people on both sides of ferred to; but a no-action letter means does not preclude the circumstance where this issue are working in good faith that it is still part of the law, we are the financial entity affiliate is an eligible and want to help rebuild our economy. just not going to enforce the law. treasury affiliate. vii. The requirement for the payment obli- Again, I applaud Congresswoman What we need to do is fix the law. It is really common sense. So this bill gations of the treasury affiliate to be guar- MOORE’s efforts to improve this bill. anteed. that Ms. MOORE introduced fixes the b 1400 Market participants expressed concern law for that centralized treasury unit with respect to the fifth General Condition Mr. LUETKEMEYER. Mr. Speaker, I way of doing business. It makes sense. to the Swap Activity in No-Action Letter 13– yield 5 minutes to the gentleman from It does not add any risk to the system, 22. The fifth condition states that the pay- Ohio (Mr. STIVERS), who is the lead co- and it allows these companies that are ment obligations of the eligible treasury af- sponsor of this legislation. all over America to manage their risk filiate on the exempted swap must be guar- Mr. STIVERS. Mr. Speaker, I would in a smarter way without being anteed by: (i) its non-financial parent; (ii) an like to thank the gentleman from Mis- charged two or three times as much entity that wholly-owns or is wholly-owned souri for yielding me time. and without risking that they are vio- by its non-financial parent; or (iii) the re- I also would like to thank the gentle- lated affiliates for which the swap hedges or lating the law, even though it is not mitigates commercial risk. lady from Wisconsin (Ms. MOORE) for going to be enforced. Market participants have explained that all her work on this bill. She has been So I applaud the gentlelady from corporate parents and structures may avail dedicated and engaged and hard- Wisconsin for changing the law, fixing themselves of other types of support ar- working and willing to compromise to the law, and making it work for a lot rangements, such as keepwell agreements, move this effort forward to help a lot of small, medium, and even large busi- letters of credit, or revolving credit facilities of Main Street businesses that are in nesses across America so they can use for example, which would not satisfy the re- my district, her district, and that dot their cash to hire Americans in this quirements of No-Action Letter 13–22. As a the map of America. tough time, and hire more Americans result, the Division is removing the condition to accommodate the additional support I also want to thank Ms. FUDGE and and not waste it on unneeded cost that arrangements that may exist with regard to Mr. GIBSON for their collaborative ef- does not provide any safety to anyone. the eligible treasury affiliate’s payment obli- forts and their work through the Agri- I want to thank the gentlelady from gations. culture Committee on this bill as well. Wisconsin as well as the gentleman DIVISION NO-ACTION POSITION Mr. Speaker, this bill is the culmina- from New York and the gentlelady The Division recognizes the benefits that 1 tion of over 2 ⁄2 years’ work. In 2012, from Ohio for all their work, and I was arise from the use of treasury affiliates with- Ms. MOORE, Ms. FUDGE, Mr. GIBSON, proud to be a small part of this. in corporate groups and has determined to and I joined together to introduce leg- I would urge my colleagues to sup- provide the following no-action relief; de- islation that clarified rules under the port this bill. scribed below.

VerDate Sep 11 2014 01:39 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.014 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8244 CONGRESSIONAL RECORD — HOUSE December 2, 2014 For purposes of this no-action letter only, risk of one or more related affiliates that ing the relief for one or more swaps. Any the following definitions shall apply: was transferred to the eligible treasury affil- such reporting under this paragraph will be Eligible treasury affiliate means a person iate; effective for purposes of paragraphs (ii) and that meets each of the following qualifica- (ii) The eligible treasury affiliate does not (iii) above for 365 days following the date of tions: enter into swaps with its related affiliates or such reporting. During the 365–day period, (i) The person is (A) directly, wholly-owned unaffiliated counterparties other than for the entity shall amend the report as nec- by a non-financial entity or another eligible the purpose of hedging or mitigating its own essary to reflect any material changes to the treasury affiliate (its ‘‘non-financial par- commercial risk or the commercial risk of information reported. ent’’), and (B) is not indirectly majority- one or more related affiliates; (vi) Each reporting counterparty shall owned by a financial entity, as defined in (iii) Neither any related affiliate that en- have a reasonable basis to believe that the section 2(h)(7)(C)(i) of the CEA; ters into swaps with the eligible treasury af- electing counterparty meets the General (ii) The person’s ultimate parent is not a filiate nor the eligible treasury affiliate, en- Conditions to the Swap Activity for the no- financial entity as defined in section ters into swaps with or on behalf of any affil- action relief specified above. 2(h)(7)(C)(i) of the CEA; iate that is a financial entity (‘‘financial af- This no-action letter, and the positions taken herein, represent the view of the Divi- (iii) The person is a financial entity as de- filiate’’), or otherwise assumes, nets, com- sion only, and do not necessarily represent fined in section 2(h)(7)(C)(i)(VIII) of the CEA bines, or consolidates the risk of swaps en- the position or view of the Commission or of solely as a result of acting as principal to tered into by any financial affiliate, except any other office or division of the Commis- swaps with, or on behalf of, one or more of in the case of financial affiliates that qualify sion. The relief issued by this letter does not its related affiliates, or providing other serv- as eligible treasury affiliates under this let- excuse the affected persons from compliance ices that are financial in nature to such re- ter; and with any other applicable requirements con- lated affiliates; (iv) Each swap entered into by the eligible tained in the CEA or in the Commission’s (iv) The person is not, and is not affiliated treasury affiliate is subject to a centralized regulations issued thereunder. Further, this with, any of the following: risk management program that is reasonably letter, and the relief contained herein, is (A) a swap dealer; designed (A) to monitor and manage the based upon the information available to the (B) a major swap participant; risks associated with the swap, and (B) to Division. Any different or changed material (C) a security-based swap dealer; or identify the related affiliate or affiliates on facts or circumstances might render this let- (D) a major security-based swap partici- whose behalf each exempted swap has been ter void. As with all no-action letters, the pant. entered into by the eligible treasury affil- Division retains the authority to, in its dis- (v) The person is not any of the following: iate. cretion, further condition, modify, suspend, (A) a private fund as defined in section REPORTING CONDITIONS terminate or otherwise restrict the terms of 202(a) of the Investment Advisors Act of 1940 With respect to each swap that an eligible the no-action relief provided herein. This let- (15 U.S.C. § 80–b–2(a)); treasury affiliate (‘‘electing counterparty’’) ter supersedes No-Action Letter 13–22. (B) a commodity pool; elects not to clear in reliance on the relief Sincerely, (C) an employee benefit plan as defined in provided in this letter, the reporting PHYLLIS DIETZ, paragraphs (3) and (32) of section 3 of the counterparty, as determined in accordance Acting Director. Employee Retirement Income Security Act with § 45.8 of the Commission’s regulations, Ms. MOORE. Mr. Speaker, I have no of 1974 (29 U.S.C. § 1002); (D) a bank holding company; shall provide or cause to be provided the fol- further requests for time. (E) an insured depository institution; lowing information to a registered swap data Again, I just want to thank everyone (F) a farm credit system institution; repository or, if no registered swap data re- who was involved in this process. This (G) a credit union; pository is available to receive the informa- is something that is going to protect (H) a nonbank financial company that has tion from the reporting counterparty, to the thousands of jobs across our country. been designated as systemically important Commission, in the form and manner speci- People often criticize us for not doing by the Financial Stability Oversight Coun- fied by the Commission: (i) Notice of the election of the relief and things in a bipartisan manner, but I cil; or think this is exemplary of what we can (I) an entity engaged in the business of in- confirmation that the electing counterparty satisfies the General Conditions to the Swap do when we really work at it, even surance and subject to capital requirements though it has taken a couple of years. established by an insurance governmental Activity of this no-action relief specified above; I yield back the balance of my time. authority of a State, a territory of the Mr. LUETKEMEYER. I yield back United States, the District of Columbia, a (ii) How the electing counterparty gen- country other than the United States, or a erally meets its financial obligations associ- the balance of my time. political subdivision of a country other than ated with entering into non-cleared swaps by The SPEAKER pro tempore. The the United States that is engaged in the su- identifying one or more of the following cat- question is on the motion offered by pervision of insurance companies under in- egories, as applicable: the gentleman from Missouri (Mr. surance law. (A) A written credit support agreement; LUETKEMEYER) that the House suspend (vi) The person does not provide any serv- (B) Pledged or segregated assets (including the rules and pass the bill, H.R. 5471. ices, financial or otherwise, to any affiliate posting or receiving margin pursuant to a The question was taken; and (two- that is a nonbank financial company that credit support agreement or otherwise); (C) A written guarantee from another thirds being in the affirmative) the has been designated as systemically impor- rules were suspended and the bill was tant by the Financial Stability Oversight party; (D) The electing counterparty’s available passed. Council. A motion to reconsider was laid on Non-financial entity means a person that financial resources; or (E) Means other than those described in the table. is not a financial entity as defined in section (A)–(D); and 2(h)(7)(C)(i) of the CEA. f (iii) If the electing counterparty is an enti- Related affiliate means with respect to an ty that is an issuer of securities registered REGULATION D STUDY ACT eligible treasury affiliate: under section 12 of, or is required to file re- (i) A non-financial entity that is, or is di- Mr. LUETKEMEYER. Mr. Speaker, I ports under section 15(d) of, the Securities rectly or indirectly wholly- or majority- move to suspend the rules and pass the Exchange Act of 1934: owned by, the ultimate parent; or bill (H.R. 3240) to instruct the Comp- (A) The relevant SEC Central Index Key (ii) A person that is another eligible treas- troller General of the United States to number for such counterparty; and ury affiliate. (B) Acknowledgment that an appropriate study the impact of Regulation D, and The Division will not recommend that the committee of the board of directors (or for other purposes. Commission commence an enforcement ac- equivalent body) of the electing The Clerk read the title of the bill. tion against an eligible treasury affiliate for counterparty has reviewed and approved the The text of the bill is as follows: its failure to comply with the requirements decision to enter into swaps that are exempt H.R. 3240 under section 2(h)(1)(A) of the CEA and part from the requirements of section 2(h)(1), and 50 of the Commission’s regulations to clear a Be it enacted by the Senate and House of Rep- if applicable, section 2(h)(8) of the CEA. swap with an unaffiliated counterparty or resentatives of the United States of America in (iv) If there is more than one electing another eligible treasury affiliate (the ‘‘ex- Congress assembled, counterparty to a swap, the information empted swap’’) that is subject to required SECTION 1. SHORT TITLE. specified in the Reporting Conditions of this clearing pursuant to § 50.4 of the Commis- This Act may be cited as the ‘‘Regulation no-action relief specified above shall be pro- sion’s regulations, subject to the following D Study Act’’. vided with respect to each of the electing conditions: SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE counterparties. STUDY. GENERAL CONDITIONS TO THE SWAP ACTIVITY (v) An entity that qualifies for the relief (a) STUDY.—The Comptroller General of (i) The eligible treasury affiliate enters provided in this no-action letter may report the United States shall conduct a com- into the exempted swap for the sole purpose the information listed in paragraphs (ii) and prehensive study on the impact on deposi- of hedging or mitigating the commercial (iii) above, annually in anticipation of elect- tory institutions, consumers, and monetary

VerDate Sep 11 2014 01:39 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.015 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8245 policy of the requirement that depository in- cally an account from which the de- tions, but for American families as stitutions maintain reserves in accordance positor or account holder is permitted well. The issue of allowing only six with subsections (b) and (c) of section 19 of to make unlimited transfers or with- transfers per month for certain bank the Federal Reserve Act (12 U.S.C. 461) and drawals, such as a checking account. accounts hasn’t been reviewed in sev- Regulation D (12 C.F.R. 204). eral decades. With new technological (b) MATTERS TO BE STUDIED.—In con- Because balances in those accounts can ducting the study under this section, the change quickly, the Federal Reserve advancements and online banking, we Comptroller General shall include the fol- requires institutions to reserve funds owe it to our hardworking American lowing: for those accounts as a stabilizing tool families to revisit this regulation. (1) An historic review of how the Board of for the money supply. Regulation D H.R. 3240 enjoys support from the Governors of the Federal Reserve System limits the number of transfers and Credit Union National Association and has used reserve requirements to conduct withdrawals from nontransaction ac- the National Association of Federal United States monetary policy, including in- counts to six per month. Credit Unions, whose financial institu- formation on how and when the Board of As legislators, it is important that tions serve millions of Americans. Governors has changed the required reserve Mr. Speaker, I will submit for the ratio. we periodically review the impact of regulations on those whom we have the RECORD a letter of support from the (2) The impact of the maintenance of re- president of the Credit Union National serves on depository institutions, including honor to represent. The Regulation D the operational requirements and associated Study Act does just that, and I am Association, which serves 100 million costs. pleased to support it. members across the country. (3) The impact on consumers in managing I reserve the balance of my time. CREDIT UNION their accounts, including the costs and bene- Ms. MOORE. Mr. Speaker, I yield my- NATIONAL ASSOCIATION, fits of the reserving system. self such time as I may consume. Washington, DC, December 1, 2014. (4) Alternatives the Board of Governors I strongly, strongly support Rep- Hon. JOHN BOEHNER, may have to the maintenance of reserves to resentative PITTENGER’s Reg D Study Speaker, House of Representatives, effect monetary policy. Act. Again, as my colleague from Mis- Washington, DC. (c) CONSULTATION.—In conducting the Hon. NANCY PELOSI, study under this section, the Comptroller souri has indicated, this is a technical Minority Leader, House of Representatives, General shall consult with credit unions and bill, but it is extremely important. Washington, DC. community banks. Commentators have argued that the DEAR SPEAKER BOEHNER AND LEADER (d) REPORT.—Not later than 1 year after maintenance of these reserves imposes PELOSI: On behalf of the Credit Union Na- the date of the enactment of this Act, the opportunity costs on depository insti- tional Association (CUNA), I am writing in Comptroller General shall submit to Con- tutions, namely, by requiring them to support of H.R. 3240, bipartisan legislation gress a report containing— hold funds in abeyance that could oth- scheduled for consideration this week by the (1) the results of the study conducted pur- erwise be lent out, and I think that it House of Representatives. CUNA is the largest credit union advocacy organization in suant to this section; and is worth GAO studying the issue and (2) any recommendations based on such the United States, representing America’s study. reporting back to Congress. state and federally chartered credit unions I just want to make a point, Mr. and their 100 million members. The SPEAKER pro tempore. Pursu- Speaker, and to stress this: reserve re- H.R. 3240, sponsored by Representatives ant to the rule, the gentleman from quirements are separate and distinct Robert Pittenger (R–NC) and Carolyn Malo- Missouri (Mr. LUETKEMEYER) and the from capital requirements, liquidity, ney (D–NY), directs the Government Ac- gentlewoman from Wisconsin (Ms. countability Office (GAO) to study the im- and leverage rules, which protect the pact of the Federal Reserve Board’s mone- MOORE) each will control 20 minutes. safety and soundness of the financial The Chair recognizes the gentleman tary reserve requirements, implemented system. This bill does not take away from Missouri. through Regulation D, on depository institu- those important protections. tions, consumers and monetary policy. The GENERAL LEAVE I reserve the balance of my time. House Financial Services Committee favor- Mr. LUETKEMEYER. Mr. Speaker, I Mr. LUETKEMEYER. Mr. Speaker, I ably reported this bill to the House on July ask unanimous consent that all Mem- yield as much time as he may consume 20, 2014 by voice vote. bers have 5 legislative days within to the gentleman from North Carolina Regulation D impacts credit union mem- which to revise and extend their re- bers by limiting the number of automatic (Mr. PITTENGER), the sponsor of this withdrawals from a member’s savings ac- marks and submit extraneous mate- legislation. count to six transactions per month. The im- rials for the RECORD on H.R. 3240, cur- Mr. PITTENGER. Mr. Speaker, I rise pact of this limit is to unnecessarily cause rently under consideration, today in support of H.R. 3240, the Regu- credit union members to overdraft their The SPEAKER pro tempore. Is there lation D Study Act. checking accounts when a debit draws the objection to the request of the gen- This bill is simple. It directs the Gov- checking account balance below zero and the tleman from Missouri? ernment Accountability Office, GAO, member has already had six automatic There was no objection. to study the regulatory impact on de- transfers during the month. When this hap- Mr. LUETKEMEYER. Mr. Speaker, I pens, members who may have the funds in a pository institutions, consumers, and savings account to cover the debit are hit yield myself as much time as I may monetary policy. with nonsufficient fund fees (NSF) from their consume. Current regulations limit common financial institution and, when a check is in- I rise in support of H.R. 3240, the Reg- online and automated transfers and volved, a returned check fee from the mer- ulation D Study Act, introduced by my withdrawals from nontransaction ac- chant. This is not a result of an overdraft friend from North Carolina (Mr. counts, such as savings accounts, to protection program—this happens because of PITTENGER), a colleague on the Finan- only six transfers per month. The regu- a regulatory cap on automatic transfers. It is difficult for credit union members affected cial Services Committee. This is a sim- lators who created this rule never envi- by the cap to understand that this is out of ple but important bill that directs the sioned online banking and modern the control of the credit union when the GAO to study the impact that the Fed- banking technology, and because only funds to cover the debit are sifting in their eral Reserve’s Regulation D minimum some transactions are subject to the account at the credit union. reserve requirements have on deposi- six-per-month restriction and others We believe the cap should be increased or tory institutions, consumers, and mon- are without limit, this rule is very con- eliminated, but we understand that one of etary policy. the reasons the regulation is in place is be- fusing to consumers. cause the Federal Reserve Board is author- Section 19 of the Federal Reserve Act Today, many families use online ized to use it as a tool to conduct monetary gives the Federal Reserve authority to banking tools to actively manage their policy. As a first step toward a possible impose reserve requirements on the de- finances with unnecessary restrictions change in this cap, the legislation directs the posits of member institutions. These from these outdated rules. Regulation GAO to study the issue. This effort will requirements are set forth in what is D requirements force financial institu- make more information available for Con- commonly referred to as Reg D. tions to focus on compliance concerns gress to determine whether an increase in or Regulation D reserve requirements rather than spending more time with the elimination of this cap would substan- are calculated as a percentage of the tially affect the Federal Reserve Board’s consumers to meet their financial ability to conduct monetary policy. amount of funds a financial institu- needs. Specifically, H.R. 3240 directs the GAO to tion’s members hold in transaction ac- This is commonsense legislation that examine and report within one year of enact- counts. A transaction account is typi- is not only good for financial institu- ment on the following topics: an historic

VerDate Sep 11 2014 02:33 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.029 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8246 CONGRESSIONAL RECORD — HOUSE December 2, 2014 overview of how the Federal Reserve Board automatic withdrawals from a con- Sec. 1. Short title; table of contents. has used reserve requirements to conduct sumer’s savings account. Sec. 2. References. monetary policy; the impact of the mainte- b 1415 TITLE I—BLOCK GRANTS AND GRANT nance of reserves on depository institutions, REQUIREMENTS including the operations requirements and Currently Regulation D limits the Sec. 101. Block grants. associated costs; the impact on consumers in number of automatic withdrawals from Sec. 102. Recommendations regarding excep- managing their accounts, including the costs a consumer’s account to six per month. tions to annual Indian housing and benefits of the reserving system; and, al- This means that if a consumer has al- plan requirement. ternatives to required reserves the Federal ready hit his limit on automatic with- Sec. 103. Environmental review. Reserve Board may have to effect monetary Sec. 104. Deadline for action on request for policy. The bill also directs the GAO to con- drawals for the month and then over- drafts his or her checking account, the approval regarding exceeding sult with credit unions and community TDC maximum cost for project. banks. bank won’t transfer money from his According to former Federal Reserve Board savings account to cover the overdraft, TITLE II—AFFORDABLE HOUSING ACTIVITIES Chairman Ben Bernanke, ‘‘. . . reserve bal- and this results in an unnecessary ances far exceed the level of reserve require- overdraft fee. Sec. 201. National objectives and eligible ments and the level of reserve requirements As two recent studies by the Con- families. thus plays only a minor role in the daily im- Sec. 202. Program requirements. plementation of monetary policy.’’ A GAO sumer Financial Protection Bureau Sec. 203. Homeownership or lease-to-own study will allow an objective assessment of have noted, overdraft fees dispropor- low-income requirement and in- whether the rarely changed monetary re- tionately harm those of us who can come targeting. serves imposed on depository institutions least afford it. Unsophisticated con- Sec. 204. Lease requirements and tenant se- and consumers are necessary in order for the sumers are most hit by them. So if lection. Federal Reserve Board to implement mone- there is a regulation that is causing Sec. 205. Tribal coordination of agency fund- tary policy in the 21st century. CUNA unnecessary overdraft fees, we should ing. strongly supports this bill. study whether that regulation is nec- TITLE III—ALLOCATION OF GRANT On behalf of America’s credit unions and AMOUNTS their 100 million members, thank you for essary. That is what our commonsense bill does. It asks the GAO to study the Sec. 301. Authorization of appropriations. scheduling H.R. 3240 for consideration. We Sec. 302. Effect of undisbursed block grant look forward to working with you and mem- limitation in Regulation D to deter- amounts on annual allocations. bers of the House of Representatives to mine if it is, in fact, useful or harmful. TITLE IV—AUDITS AND REPORTS swiftly enact this legislation. This bill is supported by many stake- Sincerely, holders in financial services: the Credit Sec. 401. Review and audit by Secretary. Sec. 402. Reports to Congress. JIM NUSSLE, Union National Association, the Na- President & CEO. TITLE V—OTHER HOUSING ASSISTANCE tional Association of Federal Credit FOR NATIVE AMERICANS Mr. PITTENGER. As technology ad- Unions, and the American Bankers As- Sec. 501. HUD–Veterans Affairs supportive vances, we need to make sure Federal sociation. regulations keep pace. Former Federal housing program for Native Mr. Speaker, I urge my colleagues to American veterans. Reserve Chairman Bernanke has said support this commonsense bill, and I Sec. 502. Loan guarantees for Indian hous- that account ‘‘reserve balances far ex- appreciate the help of my colleague. ing. ceed the level of reserve requirements, Ms. MOORE. Mr. Speaker, I have no TITLE VI—MISCELLANEOUS and the level of reserve requirements further requests for speakers, so I yield Sec. 601. Lands Title Report Commission. thus plays only a minor role in the back the balance of my time. Sec. 602. Limitation on use of funds for daily implementation of monetary pol- Mr. LUETKEMEYER. Mr. Speaker, I Cherokee Nation. icy.’’ yield back the balance of my time. Sec. 603. Leasehold interest in trust or re- We can continue to protect the finan- The SPEAKER pro tempore. The stricted lands for housing pur- cial system while allowing families question is on the motion offered by poses. more flexibility to use online banking the gentleman from Missouri (Mr. Sec. 604. Clerical amendment. tools. LUETKEMEYER) that the House suspend TITLE VII—DEMONSTRATION PROGRAM This legislation has strong bipartisan the rules and pass the bill, H.R. 3240. FOR ALTERNATIVE PRIVATIZATION support, and I would like to thank my The question was taken. AUTHORITY FOR NATIVE AMERICAN HOUSING colleague from New York, Congress- The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being Sec. 701. Demonstration program. woman MALONEY, who serves on the Fi- Sec. 702. Clerical amendments. nancial Services Committee, for join- in the affirmative, the ayes have it. Mr. LUETKEMEYER. Mr. Speaker, TITLE VIII—HOUSING FOR NATIVE ing me in introducing H.R. 3240. HAWAIIANS A GAO study will allow an objective on that I demand the yeas and nays. Sec. 801. Reauthorization of Native Hawai- assessment of whether the rarely The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ian Homeownership Act. changed monetary reserves imposed on ant to clause 8 of rule XX, further pro- Sec. 802. Reauthorization of loan guarantees depository institutions and consumers ceedings on this motion will be post- for Native Hawaiian housing. are necessary in order for the Federal poned. SEC. 2. REFERENCES. Reserve to implement monetary policy Except as otherwise expressly provided, f in the 21st century. wherever in this Act an amendment or repeal Ms. MOORE. Mr. Speaker, I am abso- NATIVE AMERICAN HOUSING AS- is expressed in terms of an amendment to, or lutely delighted to yield such time as SISTANCE AND SELF-DETER- repeal of, a section or other provision, the she might consume to the gentlelady MINATION REAUTHORIZATION reference shall be considered to be made to a section or other provision of the Native from New York (Mrs. CAROLYN B. ACT OF 2014 American Housing Assistance and Self-De- MALONEY), the Democratic cosponsor Mr. PEARCE. Mr. Speaker, I move to termination Act of 1996 (25 U.S.C. 4101 et of this bill, who is the ranking member suspend the rules and pass the bill seq.). of the Capital Markets Subcommittee. (H.R. 4329) to reauthorize the Native TITLE I—BLOCK GRANTS AND GRANT Mrs. CAROLYN B. MALONEY of New American Housing Assistance and Self- REQUIREMENTS York. I thank the gentlelady for her Determination Act of 1996, and for SEC. 101. BLOCK GRANTS. leadership and for yielding. other purposes, as amended. Section 101 (25 U.S.C. 4111) is amended— Mr. Speaker, I rise today in support The Clerk read the title of the bill. (1) in subsection (c), by adding after the pe- of H.R. 3240. I am pleased to have The text of the bill is as follows: riod at the end the following: ‘‘The Secretary worked on this bill with my colleague H.R. 4329 shall act upon a waiver request submitted from North Carolina (Mr. PITTENGER). I Be it enacted by the Senate and House of Rep- under this subsection by a recipient within would also like to take this oppor- resentatives of the United States of America in 60 days after receipt of such request.’’; and tunity to compliment his work on at- Congress assembled, (2) in subsection (k), by striking ‘‘1’’ and tempting to end terrorism, cracking SECTION 1. SHORT TITLE; TABLE OF CONTENTS. inserting ‘‘an’’. down on terrorism financing in our (a) SHORT TITLE.—This Act may be cited as SEC. 102. RECOMMENDATIONS REGARDING EX- the ‘‘Native American Housing Assistance CEPTIONS TO ANNUAL INDIAN country. and Self-Determination Reauthorization Act HOUSING PLAN REQUIREMENT. The purpose of this particular bill is of 2014’’. Not later than the expiration of the 120-day to study the current monthly limits, (b) TABLE OF CONTENTS.—The table of con- period beginning on the date of the enact- under Regulation D, on the number of tents of this Act is as follows: ment of this Act and after consultation with

VerDate Sep 11 2014 02:33 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.031 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8247

Indian tribes, tribally designated housing en- TITLE II—AFFORDABLE HOUSING (b) CLERICAL AMENDMENT.—The table of tities, and other interested parties, the Sec- ACTIVITIES contents in section 1(b) is amended by insert- retary of Housing and Urban Development SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE ing after the item relating to section 210 the shall submit to the Congress recommenda- FAMILIES. following new item: tions for standards and procedures for waiver The second paragraph (6) of section 201(b) ‘‘Sec. 211. Tribal coordination of agency of, or alternative requirements (which may (25 U.S.C. 4131(b)(6); relating to exemption) is funding.’’. include multi-year housing plans) for, the re- amended— quirement under section 102(a) of the Native TITLE III—ALLOCATION OF GRANT (1) by striking ‘‘1964 and’’ and inserting AMOUNTS American Housing Assistance and Self-De- ‘‘1964,’’; and termination Act of 1996 (25 U.S.C. 4112(a)) for (2) by inserting after ‘‘1968’’ the following: SEC. 301. AUTHORIZATION OF APPROPRIATIONS. annual submission of one-year housing plans ‘‘, and section 3 of the Housing and Urban The first sentence of section 108 (25 U.S.C. for an Indian tribe. Such recommendations Development Act of 1968’’. 4117) is amended by striking ‘‘such sums as shall include a description of any legislative SEC. 202. PROGRAM REQUIREMENTS. may be necessary for each of fiscal years 2009 and regulatory changes necessary to imple- Section 203(a) (25 U.S.C. 4133(a)) is amend- through 2013’’ and inserting ‘‘$650,000,000 for ment such recommendations. ed— each of fiscal years 2014 through 2018’’. SEC. 103. ENVIRONMENTAL REVIEW. (1) in paragraph (1), by striking ‘‘paragraph SEC. 302. EFFECT OF UNDISBURSED BLOCK Section 105 (25 U.S.C. 4115) is amended— (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; GRANT AMOUNTS ON ANNUAL ALLO- (1) in subsection (d)— and CATIONS. (A) in the matter preceding paragraph (1), (2) by adding at the end the following new (a) IN GENERAL.—Title III (25 U.S.C. 4151 et by striking ‘‘may’’ and inserting ‘‘shall’’; paragraph: seq.) is amended by adding at the end the fol- and ‘‘(3) APPLICATION OF TRIBAL POLICIES.— lowing new section: (B) by adding after and below paragraph (4) Paragraph (2) shall not apply if the recipient ‘‘SEC. 303. EFFECT OF UNDISBURSED GRANT the following: has a written policy governing rents and AMOUNTS ON ANNUAL ALLOCA- ‘‘The Secretary shall act upon a waiver re- homebuyer payments charged for dwelling TIONS. quest submitted under this subsection by a units and such policy includes a provision ‘‘(a) NOTIFICATION OF OBLIGATED, recipient within 60 days after receipt of such governing maximum rents or homebuyer UNDISBURSED GRANT AMOUNTS.—Subject to request.’’; and payments.’’; subsection (d) of this section, if as of Janu- (2) by adding at the end the following new ary 1 of 2015 or any year thereafter a recipi- SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN subsection: LOW-INCOME REQUIREMENT AND ent’s total amount of undisbursed block ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL RE- INCOME TARGETING. grants in the Department’s line of credit VIEW REQUIREMENTS.—If a recipient is using Section 205 (25 U.S.C. 4135) is amended— control system is greater than three times one or more sources of Federal funds in addi- (1) in subsection (a)(1)— the formula allocation such recipient would tion to grant amounts under this Act in car- (A) in subparagraph (C), by striking ‘‘and’’ otherwise receive under this Act for the fis- rying out a project that qualifies as an af- at the end; and cal year during which such January 1 occurs, fordable housing activity under section 202, (B) by adding at the end the following new the Secretary shall— such other sources of Federal funds do not subparagraph: ‘‘(1) before January 31 of such year, notify exceed 49 percent of the total cost of the ‘‘(E) notwithstanding any other provision the Indian tribe allocated the grant amounts project, and the recipient’s tribe has as- of this paragraph, in the case of rental hous- and any tribally designated housing entity sumed all of the responsibilities for environ- ing that is made available to a current rent- for the tribe of the undisbursed funds; and mental review, decisionmaking, and action al family for conversion to a homebuyer or a ‘‘(2) require the recipient for the tribe to, pursuant to this section, the tribe’s compli- lease-purchase unit, that the current rental not later than 30 days after the Secretary ance with the review requirements under family can purchase through a contract of provides notification pursuant to paragraph this section and the National Environmental sale, lease-purchase agreement, or any other (1)— Policy Act of 1969 with regard to such sales agreement, is made available for pur- ‘‘(A) notify the Secretary in writing of the project shall be deemed to fully comply with chase only by the current rental family, if reasons why the recipient has not requested and discharge any applicable environmental the rental family was a low-income family at the disbursement of such amounts; and review requirements that might apply to the time of their initial occupancy of such ‘‘(B) demonstrate to the satisfaction of the Federal agencies with respect to the use of unit; and’’; and Secretary that the recipient has the capacity such additional Federal funding sources for (2) in subsection (c), by adding after the pe- to spend Federal funds in an effective man- that project.’’. riod at the end the following: ‘‘The provi- ner, which demonstration may include evi- SEC. 104. DEADLINE FOR ACTION ON REQUEST sions of such paragraph regarding binding dence of the timely expenditure of amounts FOR APPROVAL REGARDING EX- commitments for the remaining useful life of previously distributed under this Act to the CEEDING TDC MAXIMUM COST FOR recipient. PROJECT. the property shall not apply to improve- ‘‘(b) ALLOCATION AMOUNT.—Notwith- (a) APPROVAL.—Section 103 (25 U.S.C. 4113) ments of privately owned homes if the cost standing sections 301 and 302, the allocation is amended by adding at the end the fol- of such improvements do not exceed 10 per- for such fiscal year for a recipient described lowing new subsection: cent of the maximum total development cost ‘‘(f) DEADLINE FOR ACTION ON REQUEST TO for such home.’’. in subsection (a) shall be the amount ini- EXCEED TDC MAXIMUM.—A request for ap- SEC. 204. LEASE REQUIREMENTS AND TENANT tially calculated according to the formula proval by the Secretary of Housing and SELECTION. minus the difference between the recipient’s Urban Development to exceed by more than Section 207 (25 U.S.C. 4137) is amended by total amount of undisbursed block grants in 10 percent the total development cost max- adding at the end the following new sub- the Department’s line of credit control sys- imum cost for a project shall be approved or section: tem on such January 1 and three times the denied during the 60-day period that begins ‘‘(c) NOTICE OF TERMINATION.—Notwith- initial formula amount for such fiscal year. on the date that the Secretary receives the standing any other provision of law, the ‘‘(c) REALLOCATION.—Notwithstanding any request.’’. owner or manager of rental housing that is other provision of law, any grant amounts (b) DEFINITION.—Section 4 (25 U.S.C. 4103) is assisted in part with amounts provided under not allocated to a recipient pursuant to sub- amended— this Act and in part with one or more other section (b) shall be allocated under the need (1) by redesignating paragraph (22) as para- sources of Federal funds shall only utilize component of the formula proportionately graph (23); and leases that require a notice period for the amount all other Indian tribes not subject to (2) by inserting after paragraph (21) the fol- termination of the lease pursuant to sub- such an adjustment. lowing new paragraph: section (a)(3).’’. ‘‘(d) INAPPLICABILITY.—Subsections (a) and ‘‘(22) TOTAL DEVELOPMENT COST.—The term SEC. 205. TRIBAL COORDINATION OF AGENCY (b) shall not apply to an Indian tribe with re- ‘total development cost’ means, with respect FUNDING. spect to any fiscal year for which the to a housing project, the sum of all costs for (a) IN GENERAL.—Subtitle A of title II (25 amount allocated for the tribe for block the project, including all undertakings nec- U.S.C. 4131 et seq.) is amended by adding at grants under this Act is less than $5,000,000. essary for administration, planning, site ac- the end the following new section: ‘‘(e) EFFECTIVENESS.—This section shall quisition, demolition, construction or equip- ‘‘SEC. 211. TRIBAL COORDINATION OF AGENCY not require the issuance of any regulation to ment and financing (including payment of FUNDING. take effect and shall not be construed to con- carrying charges), and for otherwise carrying ‘‘Notwithstanding any other provision of fer hearing rights under this or any other out the development of the project, exclud- law, a recipient authorized to receive fund- section of this Act.’’. ing off-site water and sewer. The total devel- ing under this Act may, in its discretion, use (b) CLERICAL AMENDMENT.—The table of opment cost amounts shall be based on a funding from the Indian Health Service of contents in section 1(b) is amended by insert- moderately designed house and determined the Department of Health and Human Serv- ing after the item relating to section 302 the by averaging the current construction costs ices for construction of sanitation facilities following new item: as listed in not less than two nationally rec- for housing construction and renovation ‘‘Sec. 303. Effect of undisbursed grant ognized residential construction cost indi- projects that are funded in part by funds pro- amounts on annual alloca- ces.’’. vided under this Act.’’. tions.’’.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0655 E:\CR\FM\A02DE7.027 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8248 CONGRESSIONAL RECORD — HOUSE December 2, 2014 TITLE IV—AUDITS AND REPORTS ly consult with block grant recipients and TITLE VII—DEMONSTRATION PROGRAM SEC. 401. REVIEW AND AUDIT BY SECRETARY. any other appropriate tribal organizations FOR ALTERNATIVE PRIVATIZATION AU- Section 405(c) (25 U.S.C. 4165(c)) is amend- to— THORITY FOR NATIVE AMERICAN HOUS- ed, by adding at the end the following new ‘‘(I) ensure that block grant recipients ad- ING paragraph: ministering funds made available under the SEC. 701. DEMONSTRATION PROGRAM. program under this subparagraph are able to ‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec- Add at the end of the Act the following effectively coordinate with providers of sup- retary shall issue a final report within 60 new title: days after receiving comments under para- portive services provided in connection with graph (1) from a recipient.’’. such program; and ‘‘TITLE IX—DEMONSTRATION PROGRAM SEC. 402. REPORTS TO CONGRESS. ‘‘(II) ensure the effective delivery of sup- FOR ALTERNATIVE PRIVATIZATION AU- Section 407 (25 U.S.C. 4167) is amended— portive services to Native American veterans THORITY FOR NATIVE AMERICAN HOUS- (1) in subsection (a), by striking ‘‘Con- that are homeless or at risk of homelessness ING gress’’ and inserting ‘‘Committee on Finan- eligible to receive assistance under this sub- ‘‘SEC. 901. AUTHORITY. paragraph. cial Services and the Committee on Natural ‘‘(a) IN GENERAL.—In addition to any other Resources of the House of Representatives, Consultation pursuant to this clause shall be authority provided in this Act for the con- to the Committee on Indian Affairs and the completed by a date sufficient to provide for struction, development, maintenance, and Committee on Banking, Housing, and Urban implementation of the program under this operation of housing for Indian families, the Affairs of the Senate, and to any subcommit- subparagraph in accordance with clause (i). Secretary shall provide the participating tees of such committees having jurisdiction ‘‘(vii) NOTICE.—The Secretary shall estab- tribes having final plans approved pursuant with respect to Native American and Alaska lish the requirements and criteria for the to section 905 with the authority to exercise Native affairs,’’; and supported housing and rental assistance pro- the activities provided under this title and (2) by adding at the end the following new gram under this subparagraph by notice pub- such plan for the acquisition and develop- subsection: lished in the Federal Register, but shall pro- ment of housing to meet the needs of tribal ‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.— vide Indian tribes and tribally designated members. Each report submitted pursuant to sub- housing agencies an opportunity for com- ‘‘(b) INAPPLICABILITY OF NAHASDA PROVI- section (a) shall be made publicly available ment and consultation before publication of SIONS.—Except as specifically provided oth- to recipients.’’. a final notice pursuant to this clause.’’. erwise in this title, titles I through IV, VI, TITLE V—OTHER HOUSING ASSISTANCE SEC. 502. LOAN GUARANTEES FOR INDIAN HOUS- and VII shall not apply to a participating FOR NATIVE AMERICANS ING. tribe’s use of funds during any period that SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE the tribe is participating in the demonstra- HOUSING PROGRAM FOR NATIVE Section 184(i)(5) of the Housing and Com- tion program under this title. AMERICAN VETERANS. munity Development Act of 1992 (12 U.S.C. ‘‘(c) CONTINUED APPLICABILITY OF CERTAIN Paragraph (19) of section 8(o) of the United 1715z–13a(i)(5)) is amended— NAHASDA PROVISIONS.—The following pro- States Housing Act of 1937 (42 U.S.C. (1) in subparagraph (B), by inserting after visions of titles I through VIII shall apply to 1437f(o)(19)) is amended by adding at the end the period at the end of the first sentence the demonstration program under this title the following new subparagraph: the following: ‘‘There are authorized to be and amounts made available under the dem- ‘‘(D) NATIVE AMERICAN VETERANS.— appropriated for such costs $12,200,000 for onstration program under this title: ‘‘(i) AUTHORITY.—Of the funds made avail- each of fiscal years 2014 through 2018.’’; and ‘‘(1) Subsections (d) and (e) of section 101 able for rental assistance under this sub- (2) in subparagraph (C)— (relating to tax exemption). section for fiscal year 2015 and each fiscal (A) by striking ‘‘2008 through 2012’’ and in- ‘‘(2) Section 101(j) (relating to Federal sup- year thereafter, the Secretary shall set aside serting ‘‘2014 through 2018’’; and ply sources). 5 percent for a supported housing and rental (B) by striking ‘‘such amount as may be ‘‘(3) Section 101(k) (relating to tribal pref- assistance program modeled on the HUD– provided in appropriation Acts for’’ and in- erence in employment and contracting). Veterans Affairs Supportive Housing (HUD– serting ‘‘$976,000,000 for each’’. ‘‘(4) Section 104 (relating to treatment of VASH) program, to be administered in con- program income and labor standards). TITLE VI—MISCELLANEOUS junction with the Department of Veterans ‘‘(5) Section 105 (relating to environmental Affairs, for the benefit of homeless Native SEC. 601. LANDS TITLE REPORT COMMISSION. review). American veterans and veterans at risk of ‘‘(6) Section 201(b) (relating to eligible fam- homelessness. Section 501 of the American Homeowner- ilies), except as otherwise provided in this ‘‘(ii) RECIPIENTS.—Such rental assistance ship and Economic Opportunity Act of 2000 title. shall be made available to recipients eligible (25 U.S.C. 4043 note) is amended— ‘‘(7) Section 203(g) (relating to a de mini- to receive block grants under the Native (1) in subsection (a), by striking ‘‘Subject mis exemption for procurement of goods and American Housing Assistance and Self-De- to sums being provided in advance in appro- services). termination Act of 1996 (25 U.S.C. 4101 et priations Acts, there’’ and inserting ‘‘(8) Section 702 (relating to 99-year lease- seq.). ‘‘There’’; and hold interests in trust or restricted lands for ‘‘(iii) FUNDING CRITERIA.—Funds shall be (2) in subsection (b)(1) by striking ‘‘this housing purposes). awarded based on need, administrative ca- Act’’ and inserting ‘‘the Native American ‘‘SEC. 902. PARTICIPATING TRIBES. pacity, and any other funding criteria estab- Housing Assistance and Self-Determination lished by the Secretary in a notice published Reauthorization Act of 2014’’. ‘‘(a) REQUEST TO PARTICIPATE.—To be eligi- in the Federal Register, after consultation ble to participate in the demonstration pro- SEC. 602. LIMITATION ON USE OF FUNDS FOR gram under this title, an Indian tribe shall with the Secretary of Veterans Affairs, by a CHEROKEE NATION. date sufficient to provide for implementa- submit to the Secretary a notice of intention tion of the program under this subparagraph Section 801 of the Native American Hous- to participate during the 60-day period begin- in accordance with clause (i). ing Assistance and Self-Determination Reau- ning on the date of the enactment of this title, in such form and such manner as the ‘‘(iv) PROGRAM REQUIREMENTS.—Such funds thorization Act of 2008 (Public Law 110–411) is shall be administered by block grant recipi- amended by striking ‘‘Temporary Order and Secretary shall provide. ents in accordance with program require- Temporary Injunction issued on May 14, 2007, ‘‘(b) COOPERATIVE AGREEMENT.—Upon ap- ments under Native American Housing As- by the District Court of the Cherokee Na- proval under section 905 of the final plan of sistance and Self-Determination Act of 1996 tion’’ and inserting ‘‘Order issued September an Indian tribe for participation in the dem- in lieu of program requirements under this 21, 2011, by the Federal District Court for the onstration program under this title, the Sec- Act. District of Columbia’’. retary shall enter into a cooperative agree- ‘‘(v) WAIVER.—The Secretary may waive, ment with the participating tribe that pro- or specify alternative requirements for any SEC. 603. LEASEHOLD INTEREST IN TRUST OR vides such tribe with the authority to carry provision of any statute or regulation that RESTRICTED LANDS FOR HOUSING out activities under the demonstration pro- PURPOSES. the Secretary administers in connection gram. with the use of funds made available under Section 702 (25 U.S.C. 4211) is amended— ‘‘(c) LIMITATION.—The Secretary may not this subparagraph, but only upon a finding (1) in subsection (c)(1), by inserting ‘‘, approve more than 20 Indian tribes for par- by the Secretary that such waiver or alter- whether enacted before, on, or after the date ticipation in the demonstration program native requirement is necessary to promote of the enactment of this section’’ after under this title. administrative efficiency, eliminate delay, ‘‘law’’; and ‘‘SEC. 903. REQUEST FOR QUOTES AND SELEC- consolidate or eliminate duplicative or inef- (2) by striking ‘‘50 years’’ each place such TION OF INVESTOR PARTNER. fective requirements or criteria, or other- term appears and inserting ‘‘99 years’’. ‘‘(a) REQUEST FOR QUOTES.—Not later than wise provide for the effective delivery and the expiration of the 180-day period begin- SEC. 604. CLERICAL AMENDMENT. administration of such supportive housing ning upon notification to the Secretary by assistance to Native American veterans. The table of contents in section 1(b) is an Indian tribe of intention to participate in ‘‘(vi) CONSULTATION.—The Secretary and amended by striking the item relating to the demonstration program under this title, the Secretary of Veterans Affairs shall joint- section 206 (treatment of funds). the Indian tribe shall—

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.027 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8249 ‘‘(1) obtain assistance from a qualified en- ‘‘(6) provide that the participating tribe— subsection (a)(3), the Secretary shall allow tity in assessing the housing needs, includ- ‘‘(A) will be liable for delinquencies under the tribe a period of 180 days from notifica- ing the affordable housing needs, of the mortgage agreements for housing developed tion to the tribe of such disapproval to re- tribe; and under the plan that are financed under the submit a revised plan for approval. ‘‘(2) release a request for quotations from plan and entered into by tribal members; and ‘‘(2) LIMITATION.—If the final plan for an entities interested in partnering with the ‘‘(B) shall, upon foreclosure under such Indian tribe is disapproved twice and resub- tribe in designing and carrying out housing mortgages, take possession of such housing mitted twice pursuant to the authority activities sufficient to meet the tribe’s hous- and have the responsibility for making such under paragraph (1) and, upon such second ing needs as identified pursuant to paragraph housing available to other tribal members; re-submission of the plan the Secretary dis- (1). ‘‘(7) provide for sufficient protections, in approves the plan, the tribe may not re-sub- ‘‘(b) SELECTION OF INVESTOR PARTNER.— the determination of the Secretary, to en- mit the plan again and shall be ineligible to ‘‘(1) IN GENERAL.—Except as provided in sure that the tribe and the Federal Govern- participate in the demonstration program paragraph (2), not later than the expiration ment are not liable for the acts of the inves- under this title. of the 18-month period beginning on the date tor partner or of any contractors; ‘‘(c) TRIBE AUTHORITY OF HOUSING DESIGN of the enactment of this title, an Indian ‘‘(8) provide that the participating tribe AND LOCATION.—The Secretary may not dis- tribe requesting to participate in the dem- shall have sole final approval of design and approve a final plan under section 904, or onstration program under this title shall— location of housing developed under the plan; condition approval of such a plan, based on ‘‘(A) select an investor partner from among ‘‘(9) set forth specific deadlines and sched- the design or location of any housing to be the entities that have responded to the ules for activities to be undertaken under developed or assisted under the plan. tribe’s request for quotations; and the plan and set forth the responsibilities of ‘‘(d) FAILURE TO NOTIFY.—If the Secretary ‘‘(B) together with such investor partner, the participating tribe and the investor part- does not notify a participating tribe submit- establish and submit to the Secretary a final ner; ting a final plan of approval, conditional ap- plan that meets the requirements under sec- ‘‘(10) set forth specific terms and condi- proval, or disapproval of the plan before the tion 904. tions of return on investment by the inves- expiration of the period referred to in para- ‘‘(2) EXCEPTIONS.—The Secretary may ex- tor partner and other investors under the graph (1), the plan shall be considered as ap- tend the period under paragraph (1) for any plan, and provide that the participating tribe proved for all purposes of this title. tribe that— shall pledge grant amounts allocated for the ‘‘SEC. 906. TREATMENT OF NAHASDA ALLOCA- ‘‘(A) has not received any satisfactory tribe pursuant to title III for such return on TION. quotation in response to its request released investment; ‘‘Amounts otherwise allocated for a par- pursuant to subsection (a)(2); or ‘‘(11) set forth the terms of a cooperative ticipating tribe under title III of this Act (25 ‘‘(B) has any other satisfactory reason, as agreement on the operation and manage- U.S.C. 4151 et seq.) shall not be made avail- determined by the Secretary, for failure to ment of the current assistance housing stock able to the tribe under titles I through VIII select an investor partner. and current housing stock for the tribe as- , but shall only be available for the tribe, ‘‘SEC. 904. FINAL PLAN. sisted under the preceding titles of this Act; upon request by the tribe and approval by ‘‘A final plan under this section shall— ‘‘(12) set forth any plans for sale of afford- the Secretary, for the following purposes: ‘‘(1) be developed by the participating tribe able housing of the participating tribe under ‘‘(1) RETURN ON INVESTMENT.—Such and the investor partner for the tribe se- section 907 and, if included, plans sufficient amounts as are pledged by a participating lected pursuant to section 903(b)(1)(A); to meet the requirements of section 907 re- tribe pursuant to section 904(10) for return on ‘‘(2) identify the qualified entity that as- garding meeting future affordable housing the investment made by the investor partner sisted the tribe in assessing the housing needs of the tribe; or other investors may be used by the Sec- needs of the tribe; ‘‘(13) set forth terms for enforcement of the retary to ensure such full return on invest- ‘‘(3) set forth a detailed description of such plan, including an agreement regarding ju- ment. projected housing needs, including affordable risdiction of any actions under or to enforce ‘‘(2) ADMINISTRATIVE EXPENSES.—The Sec- housing needs, of the tribe, which shall in- the plan, including a waiver of immunity; retary may provide to a participating tribe, clude— and upon the request of a tribe, not more than 10 ‘‘(A) a description of such need over the en- ‘‘(14) include such other information as the percent of any annual allocation made under suing 24 months and thereafter until the ex- participating tribe and investor partner con- title III for the tribe during such period for piration of the ensuing 5-year period or until sider appropriate. administrative costs of the tribe in com- the affordable housing need is met, which- ‘‘SEC. 905. HUD REVIEW AND APPROVAL OF PLAN. pleting the processes to carry out sections ever occurs sooner; and ‘‘(a) IN GENERAL.—Not later than the expi- 903 and 904. ‘‘(B) the same information that would be ration of the 90-day period beginning upon a ‘‘(3) HOUSING INFRASTRUCTURE COSTS.—A required under section 102 to be included in submission by an Indian tribe of a final plan participating tribe may use such amounts an Indian housing plan for the tribe, as such under section 904 to the Secretary, the Sec- for housing infrastructure costs associated requirements may be modified by the Sec- retary shall— with providing affordable housing for the retary to take consideration of the require- ‘‘(1) review the plan and the process by tribe under the final plan. ments of the demonstration program under which the tribe solicited requests for ‘‘(4) MAINTENANCE; TENANT SERVICES.—A this title; quotations from investors and selected the participating tribe may use such amounts ‘‘(4) provide for specific housing activities investor partner; and for maintenance of affordable housing for sufficient to meet the tribe’s housing needs, ‘‘(2)(A) approve the plan, unless the Sec- the tribe and for housing services, housing including affordable housing needs, as identi- retary determines that— management services, and crime prevention fied pursuant to paragraph (3) within the pe- ‘‘(i) the assessment of the tribe’s housing and safety activities described in paragraphs riods referred to such paragraph, which shall needs by the qualified entity, or as set forth (3), (4), and (5), respectively, of section 202. include— in the plan pursuant to section 904(3), is in- ‘‘SEC. 907. RESALE OF AFFORDABLE HOUSING. ‘‘(A) development of affordable housing (as accurate or insufficient; ‘‘Notwithstanding any other provision of such term is defined in section 4 of this Act ‘‘(ii) the process established by the tribe to this Act, a participating tribe may, in ac- (25 U.S.C. 4103)); solicit requests for quotations and select an cordance with the provisions of the final ‘‘(B) development of conventional homes investor partner was insufficient or neg- plan of the tribe approved pursuant to sec- for rental, lease-to-own, or sale, which may ligent; or tion 905, resell any affordable housing devel- be combined with affordable housing devel- ‘‘(iii) the plan is insufficient to meet the oped with assistance made available under oped pursuant to subparagraph (A); housing needs of the tribe, as identified in this Act for use other than as affordable ‘‘(C) development of housing infrastruc- the plan pursuant to section 904(3); housing, but only if the tribe provides such ture, including housing infrastructure suffi- ‘‘(B) approve the plan, on the condition assurances as the Secretary determines are cient to serve affordable housing developed that the participating tribe and the investor appropriate to ensure that— under the plan; and make such revisions to the plan as the Sec- ‘‘(1) the tribe is meeting its need for afford- ‘‘(D) investments by the investor partner retary may specify as appropriate to meet able housing; for the tribe, the participating tribe, mem- the needs of the tribe for affordable housing; ‘‘(2) will provide affordable housing in the bers of the participating tribe, and financial or future sufficient to meet future affordable institutions and other outside investors nec- ‘‘(C) disapprove the plan, only if the Sec- housing needs; and essary to provide financing for the develop- retary determines that the plan fails to meet ‘‘(3) will use any proceeds only to meet ment of housing under the plan and for mort- the minimal housing standards and require- such future affordable housing needs or as gages for tribal members purchasing such ments set forth in this Act and the Secretary provided in section 906. housing; notifies the tribe of the elements requiring ‘‘SEC. 908. REPORTS, AUDITS, AND COMPLIANCE. ‘‘(5) provide that the participating tribe the disapproval. ‘‘(a) ANNUAL REPORTS BY TRIBE.—Each par- will agree to provide long-term leases to ‘‘(b) ACTION UPON DISAPPROVAL.— ticipating tribe shall submit a report to the tribal members sufficient for lease-to-own ‘‘(1) RE-SUBMISSION OF PLAN.—Subject to Secretary annually regarding the progress of arrangements for, and sale of, the housing paragraph (2), in the case of any disapproval the tribe in complying with, and meeting the developed pursuant to paragraph (4); of a final plan of an Indian tribe pursuant to deadlines and schedules set forth under the

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.027 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8250 CONGRESSIONAL RECORD — HOUSE December 2, 2014 approved final plan for the tribe. Such re- ‘‘(3) a determination of whether the dem- ‘‘Sec. 907. Resale of affordable housing. ports shall contain such information as the onstration should be expanded into a perma- ‘‘Sec. 908. Reports, audits, and compliance. Secretary shall require. nent program available for Indian tribes to ‘‘Sec. 909. Termination of tribal participa- ‘‘(b) REPORTS TO CONGRESS.—The Secretary opt into at any time and, if so, recommendation. shall submit a report to the Congress annu- tions for such expansion, including any legis- ‘‘Sec. 910. Final report. ally describing the activities and progress of lative actions necessary to expand the pro- ‘‘Sec. 911. Definitions. the demonstration program under this title, gram. ‘‘Sec. 912. Notice.’’. which shall— ‘‘SEC. 911. DEFINITIONS. TITLE VIII—HOUSING FOR NATIVE ‘‘(1) summarize the information in the re- ‘‘For purposes of this title, the following HAWAIIANS ports submitted by participating tribes pur- definitions shall apply: SEC. 801. REAUTHORIZATION OF NATIVE HAWAI- suant to subsection (a); ‘‘(1) AFFORDABLE HOUSING.—The term ‘af- IAN HOMEOWNERSHIP ACT. ‘‘(2) identify the number of tribes that fordable housing’ has the meaning given Section 824 (25 U.S.C. 4243) is amended by have selected an investor partner pursuant such term in section 4 (25 U.S.C. 4103). striking ‘‘such sums as may be necessary’’ to a request for quotations; ‘‘(2) HOUSING INFRASTRUCTURE.—The term and all that follows through the period at ‘‘(3) include, for each tribe applying for ‘housing infrastructure’ means basic facili- the end and inserting ‘‘$13,000,000 for each of participating in the demonstration program ties, services, systems, and installations nec- fiscal years 2015 through 2019.’’. whose final plan was disapproved under sec- essary or appropriate for the functioning of a SEC. 802. REAUTHORIZATION OF LOAN GUARAN- tion 905(a)(2)(C), a detailed description and housing community, including facilities, TEES FOR NATIVE HAWAIIAN HOUS- ING. explanation of the reasons for disapproval services, systems, and installations for Section 184A(j)(5) of the Housing and Com- and all actions taken by the tribe to elimi- water, sewage, power, communications, and munity Development Act of 1992 (12 U.S.C. nate the reasons for disapproval, and iden- transportation. 1715z–13b(j)(5)) is amended— tify whether the tribe has re-submitted a ‘‘(3) LONG-TERM LEASE.—The term ‘long- (1) in subparagraph (B), by inserting after final plan; term lease’ means an agreement between a the period at the end of the first sentence ‘‘(4) identify, by participating tribe, any participating tribe and a tribal member that the following: ‘‘There are authorized to be amounts requested and approved for use authorizes the tribal member to occupy a appropriated for such costs $386,000 for each under section 906; and specific plot of tribal lands for 50 or more of fiscal years 2015 through 2019.’’; and ‘‘(5) identify any participating tribes that years and to request renewal of the agree- (2) in subparagraph (C), by striking ‘‘for have terminated participation in the dem- ment at least once. each of fiscal years’’ and all that follows onstration program and the circumstances of ‘‘(4) PARTICIPATING TRIBES.—The term ‘par- through the period at the end and inserting such terminations. ticipating tribe’ means an Indian tribe for ‘‘for each of fiscal years 2015 through 2019 ‘‘(c) AUDITS.—The Secretary shall provide which a final plan under section 904 for par- for audits among participating tribes to en- with an aggregate outstanding principal ticipation in the demonstration program sure that the final plans for such tribes are amount not exceeding $41,504,000 for each under this title has been approved by the being implemented and complied with. Such such fiscal year.’’. Secretary under section 905. audits shall include on-site visits with par- ‘‘SEC. 912. NOTICE. The SPEAKER pro tempore. Pursu- ticipating tribes and requests for documenta- ant to the rule, the gentleman from tion appropriate to ensure such compliance. ‘‘The Secretary shall establish any requirements and criteria as may be necessary to New Mexico (Mr. PEARCE) and the gen- ‘‘SEC. 909. TERMINATION OF TRIBAL PARTICIPA- TION. carry out the demonstration program under tlewoman from Wisconsin (Ms. MOORE) ‘‘(a) TERMINATION OF PARTICIPATION.—A this title by notice published in the Federal each will control 20 minutes. participating tribe may terminate participa- Register.’’. The Chair recognizes the gentleman tion in the demonstration program under SEC. 702. CLERICAL AMENDMENTS. from New Mexico. this title at any time, subject to this sec- The table of contents in section 1(b) is GENERAL LEAVE tion. amended by inserting after the item relating Mr. PEARCE. Mr. Speaker, I ask ‘‘(b) EFFECT ON EXISTING OBLIGATIONS.— to section 705 the following: unanimous consent that all Members ‘‘(1) NO AUTOMATIC TERMINATION.—Termi- ‘‘TITLE VIII—HOUSING ASSISTANCE FOR have 5 legislative days within which to nation by a participating tribe in the dem- NATIVE HAWAIIANS onstration program under this section shall revise and extend their remarks and ‘‘Sec. 801. Definitions. not terminate any obligations of the tribe ‘‘Sec. 802. Block grants for affordable hous- submit extraneous materials for the under agreements entered into under the ing activities. RECORD on H.R. 4329, as amended, cur- demonstration program with the investor ‘‘Sec. 803. Housing plan. rently under consideration. partner for the tribe or any other investors ‘‘Sec. 804. Review of plans. The SPEAKER pro tempore. Is there or contractors. ‘‘Sec. 805. Treatment of program income and objection to the request of the gen- ‘‘(2) AUTHORITY TO MUTUALLY TERMINATE labor standards. tleman from New Mexico? AGREEMENTS.—Nothing in this title may be ‘‘Sec. 806. Environmental review. construed to prevent a tribe that terminates There was no objection. ‘‘Sec. 807. Regulations. Mr. PEARCE. Mr. Speaker, I yield participation in the demonstration program ‘‘Sec. 808. Effective date. under this section and any party with which ‘‘Sec. 809. Affordable housing activities. myself such time as I may consume. the tribe has entered into an agreement from ‘‘Sec. 810. Eligible affordable housing activi- Mr. Speaker, the Native American mutually agreeing to terminate such agree- ties. Housing Assistance and Self-Deter- ment. ‘‘Sec. 811. Program requirements. mination Act was first signed into law ‘‘(c) RECEIPT OF REMAINING GRANT ‘‘Sec. 812. Types of investments. in 1996. This 5-year authorization bill AMOUNTS.—The Secretary shall provide for ‘‘Sec. 813. Low-income requirement and in- was conceptualized not to simply be grants to be made in accordance with, and come targeting. another Federal subsidy for Native subject to the requirements of, this Act for ‘‘Sec. 814. Lease requirements and tenant se- Americans but rather a bridge to assist any amounts remaining after use pursuant lection. to section 906 from the allocation under title ‘‘Sec. 815. Repayment. millions in creating a better living III for a participating tribe that terminates ‘‘Sec. 816. Annual allocation. condition, create housing opportuni- participation in the demonstration program. ‘‘Sec. 817. Allocation formula. ties, and find prosperity for tribal ‘‘(d) COSTS AND OBLIGATIONS.—The Sec- ‘‘Sec. 818. Remedies for noncompliance. members. retary shall not be liable for any obligations ‘‘Sec. 819. Monitoring of compliance. My family’s story is exactly this one: or costs incurred by an Indian tribe during ‘‘Sec. 820. Performance reports. when I was born, Dad and Mom had to ‘‘Sec. 821. Review and audit by Secretary. its participation in the demonstration pro- move the chickens out of the shack gram under this title. ‘‘Sec. 822. General Accounting Office audits. that we moved into. That building still ‘‘SEC. 910. FINAL REPORT. ‘‘Sec. 823. Reports to Congress. ‘‘Not later than the expiration of the 5- ‘‘Sec. 824. Authorization of appropriations. has a dirt floor in it today and wires in year period beginning on the date of the en- ‘‘TITLE IX —DEMONSTRATION PROGRAM the windows. I have seen housing con- actment of this title, the Secretary shall FOR ALTERNATIVE PRIVATIZATION ditions similar to this still in New submit a final report to the Congress regard- AUTHORITY FOR NATIVE AMERICAN Mexico. I understand that my family ing the effectiveness of the demonstration HOUSING made its way up the prosperity ladder program, which shall include— ‘‘Sec. 901. Authority. starting, first, with owning our own ‘‘(1) an assessment of the success, under ‘‘Sec. 902. Participating tribes. home and, second, with then finding the demonstration program, of participating ‘‘Sec. 903. Request for quotes and selection other ways to achieve asset acquisi- tribes in meeting their housing needs, in- of investor partner. cluding affordable housing needs, on tribal ‘‘Sec. 904. Final plan. tions, and the same thing can happen land; ‘‘Sec. 905. HUD review and approval of plan. for Native Americans. ‘‘(2) recommendations for any improve- ‘‘Sec. 906. Treatment of NAHASDA alloca- In the last 10 years, NAHASDA, as it ments in the demonstration program; and tion. is known, has become a driving force

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.027 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8251 for positive change and improvement spond to tribes within a 60-day period, tional American Indian Housing Coun- on tribal lands. Through increased ac- ensuring timely responsiveness, but it cil, and many individual tribes from cess to safe and affordable housing and does this without jeopardizing HUD’s across the country have provided their lease-to-own programs aimed at pro- oversight responsibility. expertise, their comments, their edu- viding rural tribes with a means for This reauthorization has a special cation, and their energy every single self-growth, the program has provided provision that provides tribal busi- step of the way. My very first meeting flexibility and independence to tribal nesses with greater opportunities for in the 112th Congress was with one of members nationwide. employment on tribal housing projects. my Wisconsin tribes, and I assured This year we are not only reauthor- The bill provides tribes with the flexi- them that I would keep fighting to get izing this critical bill that provides bility to create independent maximum NAHASDA to the floor, this reauthor- much-needed housing; we are also at- rent requirements dictated by the ization that honors the unique needs tempting to continue NAHASDA’s tra- needs of their communities and with and sovereignty of the Nations of the dition of transforming housing pro- the flexibility to commingle Indian First People, and H.R. 4329 keeps that grams. We are doing so by capturing Health Service funds with NAHASDA promise. and enhancing market efficiencies and money to construct sanitation facili- It is a model for how Congress can the effectiveness of streamlined proc- ties and greater infrastructure around work. Of course, again, there is not 100 esses to continue building prosperity, housing developments. percent agreement on every provision. something that has been elusive on Working with the administration, my I am waiting for the perfect bill. But tribal lands for too long. legislation includes language to recoup we cannot let the perfect stand in the I would like to thank all of those who unexpended funds within the program. way of the possible. We must do what have assisted in the development and The agreement that was reached is is the best for our tribal communities promotion of this legislation, Congress- more accommodating to tribal needs at this time. man DON YOUNG, Congressman TOM than the original request, allowing NAHASDA provides tribal govern- COLE, Congresswoman GWEN MOORE, more room for tribes to work through ments the ability to provide safe and Congressman DENNY HECK, and Con- their balances while meeting the need affordable housing to tribal commu- gresswoman MAXINE WATERS, who for efficiencies in the system. nities consistent with their status as made great suggestions during the Finally, we have included a new dem- sovereign. And it is no small task. markup of this bill. Along with their onstration project in the bill designed Some of the poorest and most remote staffs, they have worked tirelessly to to attract greater private financing communities in this country are Na- make the reauthorization of this act and more developers to invest private tive American. In fact, the three poor- possible and a truly bipartisan effort money in housing projects on tribal est communities in the United States that achieves many of the reforms re- lands. This program envisions the same are Native American. quested by Native American tribes na- privatization projects that occurred on Improvements that this bill accom- plishes include expediting certain Fed- tionwide. military land and succeeded in pro- eral approvals, providing rental assist- Working together, we were able to re- viding great numbers of new houses for ance for Native American veterans, and duce the burden on tribes and expand military individuals in a very short pe- providing that all Native people are el- the opportunities in Native American riod of time. The objective here is to igible for NAHASDA. Expediting ap- housing. These reforms will result in put more Native Americans in homes proval ends costly administrative du- more efficient use of taxpayer money and work through the backlog of hous- plication and delays, which is impor- and provide approval of projects with ing needs in ways unseen before on Na- tant due to unique timing and building greater speed, allowing tribes to focus tive lands. challenges on reservations. money and resources on development NAHASDA was designed to promote I am hopeful that when I yield time and innovation instead of spending in- development and increase flexibility so to another one of my colleagues, Mr. ordinate amounts of time and money that tribes may meet the unique chal- HECK, that he will expand on the provi- on administrative requirements. Ulti- lenges they face and provide the self- sions that we are proud of in this bill mately, this will provide more families determination tribes deserve. The leg- regarding Native American veterans. with homes. islation before you today expands upon We are going to have several speakers, Mr. Speaker, I commend HUD for these principles and represents an op- Mr. Speaker, who are going to com- truly embracing the need for more portunity for greater prosperity for a ment on how we, after much back and modernized programs with more ac- cross-section of our society that in forth, have included all Native people countability, transparency, and in- many parts of the Nation is truly in in this bill. creased self-determination among Na- need of assistance. With that, I reserve the balance of tive Americans. Their willingness to Finally, I would like to thank Chair- my time. engage with our offices, my counter- man HENSARLING and Majority Leader Mr. PEARCE. Mr. Speaker, at this parts working on this issue, and the MCCARTHY and their staff for their time I yield 3 minutes to the gen- committee has allowed us to create a willingness to address this issue and tleman from Alaska (Mr. YOUNG), who more united product. Some Native working with me to bring it up to date. has devoted not just time this year but Americans, upon reading the bill, have Mr. Speaker, I reserve the balance of decades of helping Native Americans. declared these changes and ideas will my time. Mr. YOUNG of Alaska. Mr. Speaker, I become transformational if they are Ms. MOORE. Mr. Speaker, I yield my- thank the gentleman for yielding. adopted into law. Transformational is self such time as I may consume. Mr. Speaker, I rise today to support what we all came here to do. Mr. Speaker, this day is a culmina- H.R. 4329, the NAHASDA reauthoriza- H.R. 4329 includes a number of re- tion of a lot of time, a lot of work, and tion act of 2014. Over the last 2 years, forms, updates, and additions to the a lot of conversations back and forth, I have had the privilege of working originating legislation, which are wide- but, again, it is the best work that we with a bipartisan group of my col- ly supported across Native American have been able to produce in a bipar- leagues on this crucial legislation. I tribes. Since passage out of the Finan- tisan manner. It is not perfect, but I do would like to first start by thanking cial Services Committee, our office has want to thank all of our partners in and commending Mr. PEARCE for his received countless letters of support this process. Representatives COLE, leadership in sponsoring this bill. This for passage of the bill. HANABUSA, HECK, KILDEE, PEARCE, and bill wouldn’t have been possible with- In discussions with tribal housing YOUNG have really been just out- out the efforts of Mr. COLE, Ms. MOORE, councils and tribal leaders, there was standing partners. I really want to Mr. DENNY HECK, Ms. HANABUSA, Mr. great frustration with HUD for contin- thank Ranking Member WATERS. She KILDEE, and all the others. I also would ued delays, and in extreme cases, fail- has been supportive, constructive, and, like to thank Chairman HENSARLING ure to respond altogether. This legisla- not to mention, exceedingly patient. for his dedication in moving this bill tion includes a compromise way for- I also want to thank the Native through the committee and for his ward to address this shortcoming. It American community. The National statesmanship in resolving the difficult sets a requirement that HUD shall re- Congress of American Indians, the Na- issues.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.036 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8252 CONGRESSIONAL RECORD — HOUSE December 2, 2014 I would be remiss without thanking I thank the gentleman from New Council’s NAHASDA recommendations, Alex on my staff, who has done great Mexico (Mr. PEARCE), chairman and and I think it is important that we lis- work on this legislation for the good of ranking member of the committee, and ten to Indian Country and those in the the First Americans. the tribal leaders for their work on this tribal communities because the very Finally, it is important to acknowl- important bipartisan legislation that name of this bill has to do with self-de- edge the many tribes and organizations provides much-needed reform to keep termination, and I think it is impor- that contributed to this legislation. our Nation’s promise to tribal nations tant that we adhere to the interests of These include the National American and strengthen their communities. I those sovereign tribes that will be ad- Indian Housing Council, which has de- urge my colleagues to support this bi- ministering this program. veloped a foundation for the legisla- partisan legislation. There are other provisions that will tion, and the Cook Inlet Housing Au- Mr. PEARCE. Mr. Speaker, I yield be exempt from the NAHASDA require- thority, which has been a tireless advo- myself such time as I may consume. ments if in fact the privatization effort cate in my State. There are many different Native Amer- goes forward, so I would just be cau- As my colleagues note, NAHASDA ican groups across the country who tioning those tribal organizations and continues to be a successful and well- have sent letters of support, including housing authorities that will be imple- liked program throughout Indian Coun- the National American Indian Housing menting under this law to take care to try. NAHASDA exemplifies the spirit Council, the U.S. Chamber of Com- examine those relationships that they of self-determination by allowing Na- merce, Southwest Tribal Housing Alli- might enter into before pursuing the tive communities to create their own ance, Nevada and California Indian pilot program. innovative housing assistance pro- housing authorities, and the Northwest I will finish by saying that it is im- grams in ways that best serve their Indian Housing Association. portant that this legislation move for- members. This bill upholds the success In New Mexico, the Acoma Pueblo, ward. No bill is perfect. This is a very of NAHASDA and includes improve- Laguna Pueblo, Mescalero Apache, good step forward. I commend leaders ments to the programs that empower Jicarilla Apache, Santa Clara Pueblo, on both sides of the aisle for bringing Native communities to better confront the Northern Pueblo, Santo Domingo this to the floor, and I look forward to their housing challenges. Pueblo, and the Navajo Nation offers it becoming law very soon. b 1430 its support. Indian tribes all across the Mr. PEARCE. Mr. Speaker, again, I Furthermore, the bill responsibly country are lending their support. appreciate the observations by the gen- streamlines administration of the pro- I did note that I had overlooked the tleman. We had time to discuss after grams so that both tribes and HUD will gentleman from Michigan (Mr. KILDEE) the hearing and after the markup, and spend less time navigating red tape and on the other side of the aisle. His office at that time, it was pointed out that more time advancing housing that was also greatly involved and instru- the pilot project is completely vol- makes a difference for native people. mental in this bill, and I would like to untary, easy to opt into and easy to As we pass this bill, the Senate must recognize those efforts. opt out of. act quickly to take up the legislation I reserve the balance of my time. It is not our intent to trap or entrap before the end of this Congress. I call Ms. MOORE. Mr. Speaker, I am so anyone, but instead open a door if they on our colleagues in the Senate to rec- happy to yield 2 minutes to the gen- desire to go through it. I think there ognize the bipartisan nature of the bill tleman from Michigan (Mr. KILDEE), will be tribes that can go in and build and listen to the voices on this side of who came here in his running shoes all of houses that they need in a very the aisle in support of Indian Country. and really came here because of his re- short period of time. That is what we It is my hope that the legislation will lationship to his uncle who is one of are looking for, but again, I take his be signed into law before the end of the our former retired colleagues, Mr. Kil- observations very seriously, and we year. dee of Michigan, and the younger Mr. have looked for flaws in the program As I said, I urge and I thank those for KILDEE has been a tremendous asset in that might be hooks or have unin- passage of this bill, H.R. 4329. terms of putting this bill together. tended consequences. Ms. MOORE. Mr. Speaker, it is my Mr. KILDEE. Mr. Speaker, I thank I reserve the balance of my time. pleasure to yield 2 minutes to the gen- the gentlewoman from Wisconsin (Ms. Ms. MOORE. Mr. Speaker, I am abso- tleman from Florida (Mr. MURPHY), a MOORE) for her great work on this leg- lutely delighted to yield 2 minutes to member on the Financial Services islation and her kind words, as well as the gentlewoman from Hawaii (Ms. Committee. Ranking Member WATERS, and to Mr. HANABUSA), who is not a member of the Mr. MURPHY of Florida. Mr. Speak- PEARCE who has pursued this legisla- committee but weighed in heavily on er, I thank the gentlelady for yielding tion relentlessly, Mr. YOUNG, and oth- the final draft that is before us today. and for her hard work on the legisla- ers, I think this is a fine moment for Ms. HANABUSA. Mr. Speaker, I tion. us. It is an exercise in bipartisanship thank the gentlewoman from Wis- I rise in support of reauthorizing the which we don’t see enough of around consin not only for yielding, but for Native American Housing Assistance here. her hard work and advocacy for native and Self-Determination Act. Commu- This is important legislation that people. nities are built upon access to safe, has taken too long for Congress to I rise in support of this important quality, affordable housing, but for bring to the floor. I think we all agree piece of legislation for all of our native many of America’s great tribal na- that it is long overdue. Our responsibil- people, and I want to thank the chair tions, bureaucratic red tape has re- ities, our trust relationships to the and the ranking member of the Finan- stricted tribes’ abilities to make the tribes has to be adhered to. cial Services Committee for moving most of scarce Federal housing dollars. I will say no bill is perfect, and I do the bill forward. While Native Americans face some of support this legislation with some con- Our native people, all native people, the worst housing and economic condi- cerns primarily around, as I voiced in the Native Hawaiians included, have a tions in the country, this is simply un- committee, the demonstration project very strong tie to the land. In Hawaii, acceptable. Giving control of housing that is included in this bill which is, by it is called the aina. The need to have grants to tribal nations just makes some, viewed as a step toward privat- homeownership and to be tied to the sense. ization of the NAHASDA program. land equates to the preservation of the In addition to providing housing, the I know most don’t feel that way, but culture and of the people. Miccosukee Indian Tribe of Florida some feel it might lead to that. Tribes In Hawaii, we continue to have bene- preserves tradition, fights to protect already have the ability to contract ficiaries of a Federal law called the Ha- the Florida Everglades, and works to with nonprofit or for-profit private de- waiian Homes Commission Act of 1920, develop the Tamiami Trail Reserva- velopers in building and rehabilitating which Congress did pass, who are still tion, using the flexibility NAHASDA tribal housing. waiting to get on the land—still wait- provides to grow native-owned con- This particular program, the dem- ing. This reauthorization will bring us struction and building material busi- onstration program, is not included in closer to fulfilling the intent and the nesses. the National American Indian Housing purpose of that act.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.037 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8253 I appreciate the bipartisan efforts I thank my colleagues, Chairman this legislation. During the committee which have gone into this bill, and I HENSARLING, Ranking Member WATERS, markup, my amendment was rejected, would like to point out that title VIII, and Representative MOORE for their which would have made NAHASDA the portion that is relevant to the Na- outstanding leadership in allowing this funding to the Cherokee contingent on tive Hawaiians, expired in 2005. legislation to move forward, as well as full recognition of the Freedmen as It is almost 10 years later, and it is longtime advocate Representative citizens of the Cherokee Nation. It only through the bipartisan efforts of YOUNG, Congresswoman HANABUSA, and causes me great pain to not be able to this committee and those like my good DAN KILDEE who worked very hard on support the continued silence on this friend from Alaska (Mr. YOUNG) and this legislation. I urge my colleagues issue. Mr. COLE from Oklahoma, who have to join me in supporting H.R. 4329. Furthermore, there is one other issue managed to push this forward with all Mr. PEARCE. Mr. Speaker, I reserve that I have to be concerned about. This of our strong advocates on the com- the balance of my time. bill would seriously undercut the cen- mittee as well. Ms. MOORE. Mr. Speaker, I am de- tral goal of providing affordable hous- I ask that all Members of this body lighted to yield such time as she may ing for low-income Native Americans. join me in supporting H.R. 4329 for all consume to the gentlewoman from It would waive a low-standing tenet of the native people because it is how we California (Ms. WATERS), the ranking affordable housing known as the define and how we treat our native peo- member of the Financial Services Com- ‘‘Brooke rule,’’ which states that the ple that makes us a better Nation and mittee, who has really put a lot of time maximum rent paid by assisted house- a great Nation. into this bill. holds must be no more than 30 percent Mr. PEARCE. Mr. Speaker, again, As the ranking member, she serves of their income. I have to be concerned recognizing the gentlelady from Ha- on all of the subcommittees, but she about this because this is a rule that is waii, we had an opportunity to visit on has been particularly passionate about throughout HUD. I do not wish to be the floor multiple times, and I recog- her stewardship over this bill. part of opening up that door and then nize her inputs and just again would Ms. WATERS. Mr. Speaker, this bill having to face that later on as we deal salute her for her support of the bill. will provide an important and long with public housing and assisted hous- I reserve the balance of my time. overdue reauthorization of the Native ing. This bill strips away this basic Ms. MOORE. Mr. Speaker, I yield 2 American Housing Assistance and Self- safeguard, making low-income Native minutes to the gentlewoman from Ha- Determination Act, or NAHASDA. Americans vulnerable to unlimited in- waii (Ms. GABBARD), who is one of Through NAHASDA, the Federal creases in rent without any kind of many people who participated in get- Government provides housing assist- hardship exemptions in place. ting this bill to where it is today. ance to Native Americans and Native Lastly, this bill includes a new dem- Ms. GABBARD. Mr. Speaker, today, I Hawaiians, two groups that not only onstration program that moves toward rise proudly in support of H.R. 4329, the experience some of the poorest housing increased privatization and deregula- Native American Housing Assistance conditions in the Nation, but also face tion of tribal housing activities. I remain very concerned that this program and Self-Determination Reauthoriza- unique barriers to housing due to the could have negative impacts on low-in- tion of 2014. In the 18 years since its en- legal status of tribal lands. come Native American households in actment, this legislation has strength- Through block grants and loan guar- ened indigenous self-determination by participating tribes. antees, NAHASDA ensures Federal as- I would like to sincerely thank Ms. empowering native nations to empower sistance is tailored to address their MOORE, Mr. HECK, and Mr. KILDEE for their low-income families and house- needs while respecting their right to holds by assisting with their affordable their efforts to reach a bipartisan self-determination. I am encouraged agreement on this bill. I would like to housing needs. that my Republican colleagues have fi- The State of Hawaii’s Department of thank Ms. HANABUSA and Ms. GABBARD nally agreed to include a provision to for the work that they are doing. I Hawaiian Home Lands uses these funds reauthorize Native Hawaiian programs. to manage a trust that Congress estab- won’t support the reauthorization in As a supporter of the reauthorization its current form for all the reasons I lished for the rehabilitation of the Na- of NAHASDA, I did not object to the tive Hawaiian people. Over 1,400 low-in- have stated, but I thank all of those bill before us today moving forward who have worked so hard to try and come families in Hawaii have benefited under suspension; however, this is one deal with the need for assistance for from these services, and in many cases, of those times, while you understand both the Hawaiians and the Native homeownership would not have been very well why reauthorization is nec- Americans in housing. possible given the $640,000 median price essary, I must go on record to continue Mr. PEARCE. Mr. Speaker, I reserve of a single-family home on the island to support a fight and a struggle that I the balance of my time. of Oahu. have been involved in with some of my Ms. MOORE. Mr. Speaker, how much I would like to give one quick exam- colleagues for many years. time do I have remaining? ple of the Nakihei family on the island The bill will do nothing to protect The SPEAKER pro tempore. The gen- of Molokai. Brent and Amber Nakihei the Cherokee Freedmen—descendants tlewoman from Wisconsin has 51⁄2 min- could not have afforded to remain in of former African American slaves of utes remaining. The gentleman from the neighborhood where Brent grew up, the Cherokee—who are facing possible New Mexico has 10 minutes remaining. but they partnered with the Molokai expulsion by the Cherokee Nation. Ms. MOORE. Mr. Speaker, I yield my- Habitat for Humanity and Hawaiian The ancestors of the Freedmen self such time as I may consume. Homes to build a new three-bedroom, marched with the Cherokee on the Let me thank again all of the part- one-bath house in 2007. Trail of Tears; yet, today, their tragic ners in getting this legislation to the They invested 700 hours of work to- history continues as the Freedmen face floor. wards construction of that house, and ongoing discrimination from the tribe I do want to make mention of some- their four children will now learn the that they call their own. one who is not a part of this debate, responsibility of homeownership from a the gentlewoman from Minnesota, Rep- 1445 young age and have a safe home to b resentative BETTY MCCOLLUM, who is grow up in. Passage of this legislation For the past several years, under the the cochair of the Native American will continue to have a tremendous im- leadership of former Members, includ- Caucus. She wanted to make sure that pact by enabling other families like ing former Congresswoman Carolyn she weighed in during this discussion the Nakihei family. Kilpatrick and former Congressman about the extraordinary need to deal Nationwide passage of this legisla- Mel Watt, the Congressional Black with Native American housing. tion also would represent an important Caucus has stood up for the rights of So many of us believe that Native step to removing roadblocks to eco- the Cherokee Freedmen. Americans often are involved in gam- nomic success in native communities I attempted to deal with this issue by ing and that they are wealthy and rich, and would reaffirm the House’s long- way of an amendment, but the Repub- but as the ranking member mentioned, standing commitment to tribal sov- licans again refused to offer protec- they are subjected to some of the poor- ereignty and self-determination. tions for the Cherokee Freedmen in est housing conditions in our country.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.039 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8254 CONGRESSIONAL RECORD — HOUSE December 2, 2014 Although we are reauthorizing tribal accountability to make sure the For the past 2 years, my office and I NAHASDA, none of us should be fooled HUD Secretary has the authority to re- have worked with countless tribal lead- at all that this will in any way deal coup unexpended funds that are held ers and housing associations nation- with the tremendous need for afford- for too long; it strengthens tribal flexi- wide; we have worked with other Mem- able housing within Native American bility and sovereignty; and, finally, it bers of Congress from both sides of the communities. allows tribes to pursue alternative aisle; we have worked with HUD and I, again, am very, very empathetic funding sources by encouraging private the administration—all for one end re- with the issues, particularly that the investment, something that is des- sult, and that is to create greater pros- ranking member has raised, and I am perately needed. perity for Native Americans. It is that really hopeful that many of these I know, and happened to come in the simple. issues, particularly the issue of the last part of the debate, there was some I am proud to cosponsor H.R. 4329 be- Cherokee Freedmen, will be dealt with. discussion about the Cherokee Freed- cause it does so much to accomplish It seems promising to me because of men issue. That is an issue I know a this goal. For generations, prosperity some of the decisions that have been fair amount about since the tribe is lo- and growth has evaded many Native made in courts so far. cated in my home State of Oklahoma. American communities. NAHASDA is We do seem to have a Cherokee I want to agree with Ms. MOORE that not designed as an entitlement but, chairman who is more open, it would we do have a chief, Chief Baker, who is rather, as a tool of empowerment and seem, to providing membership and re- extremely concerned about this issue growth. To date, each reauthorization taining membership of the Cherokee and is trying to work it through. has built upon the past to make alter- Freedmen. The bill itself, the language, is really nations and updates designed to pro- I, again, am happy that the Native just an update from what we did in vide greater autonomy and prosperity Hawaiians are in this bill. I think that 2008. We are trying to allow the courts on tribal lands. H.R. 4329 is no excep- as we move forward, we should be ever and the tribe to solve the issue. I think tion. mindful to make sure that nothing they genuinely have made progress I ask that you join me today in reau- that we have done here will preempt that the people here that have had le- thorizing this commonsense yet trans- the Native Americans’ sovereignty or gitimate concerns about this issue can formative legislation, which will help sovereignty status. be proud of. I think they will continue millions realize the dream of pros- Again, I want to thank all of my to do that. But there is no substantive perity. Vote ‘‘yes’’ and help break a partners. change in what my friend Mr. PEARCE perpetual cycle of poverty through self- I yield back the balance of my time. has brought forward and what existing determination and independence. Mr. PEARCE. Mr. Speaker, I yield 3 law was in this area. I yield back the balance of my time. I just want to end once more by minutes to the gentleman from Okla- The SPEAKER pro tempore. The thanking my friend Mr. PEARCE. homa (Mr. COLE), who is a tireless ad- question is on the motion offered by Frankly, this bill would not have been vocate for Native Americans and Na- the gentleman from New Mexico (Mr. on this floor without his diligent work. tive American housing. PEARCE) that the House suspend the I certainly want to thank Mr. HEN- Mr. COLE. Mr. Speaker, I thank my rules and pass the bill, H.R. 4329, as SARLING for working with my friend friend for yielding. amended. Mr. PEARCE, and I want to thank my I rise to support the Native American The question was taken; and (two- friends on the other side of the aisle Housing Assistance and Self-Deter- thirds being in the affirmative) the who also have focused a great deal of mined Reauthorization Act of 2014. rules were suspended and the bill, as I want to begin by thanking my attention and concern on this issue to try and make sure that the first Amer- amended, was passed. friend Mr. PEARCE. Nobody has worked A motion to reconsider was laid on harder on this legislation and, frankly, icans aren’t the last Americans in almost every category. So, again, I the table. cared more and done more to make f sure that a part of our population that thank my friends, and I look forward historically has not done well, to say to the passage of this legislation. HOUSING ASSISTANCE EFFICIENCY Mr. PEARCE. Mr. Speaker, I yield the least, has the opportunity to not ACT myself the remainder of my time. only receive some benefits that are ap- I thank the gentleman from Okla- Mr. PEARCE. Mr. Speaker, I move to propriately and rightfully theirs, but homa and, again, appreciate his leader- suspend the rules and pass the bill to take more control over their own ship. (H.R. 2790) to authorize private non- destiny and their own housing. I think As you have heard, there is no short- profit organizations to administer per- this legislation does just that. age of debate on the bill, but there is manent housing rental assistance pro- I want to thank Members on both also no shortage of people coming to- vided through the Continuum of Care sides of the aisle. I see my good friend gether and saying let’s pass this bill. Program under the McKinney-Vento from Wisconsin over there who, we I listened with interest to the rank- Homeless Assistance Act, and for other worked together on VAWA. I know ing member. The points that she made purposes. what her commitment is on Native today were made during the markup, The Clerk read the title of the bill. American issues, and I appreciate that and, again, I appreciate and respect The text of the bill is as follows: very, very much. that and have not set those concerns H.R. 2790 This legislation provides Native off on the side. It was absolutely essen- Be it enacted by the Senate and House of Rep- American tribes with much greater ef- tial that we move the bill forward in resentatives of the United States of America in ficiencies when deploying NAHASDA order to get this passed in this session, Congress assembled, funding. We all know government, how- so I appreciate all of the support from SECTION 1. SHORT TITLE. ever well intentioned, quite often is a our partners across the aisle. This Act may be cited as the ‘‘Housing As- pretty clumsy and pretty bureaucratic This support that you are hearing sistance Efficiency Act’’. instrument. Consolidating the environ- from Native Americans across the SEC. 2. AUTHORITY TO ADMINISTER RENTAL AS- mental review requirements, requiring country from people in this Chamber is SISTANCE. the HUD Secretary to study and rec- no coincidence. It comes from hard Subsection (g) of section 423 of the McKin- ney-Vento Homeless Assistance Act (42 ommend to Congress standards to work, and that hard work has come U.S.C. 11383(g)) is amended by inserting ‘‘pri- streamline the construction of Indian from both sides of the aisle, but espe- vate nonprofit organization,’’ after ‘‘unit of housing, recommendations for HUD to cially from Ms. MOORE, Mr. HECK, Mr. general local government,’’. establish alternative reporting require- KILDEE, and, again, Ms. WATERS. So SEC. 3. REALLOCATION OF FUNDS. ments for tribes, these are all good thank you all for that dedicated effort. Paragraph (1) of section 414(d) of the things that will speed the development On our side, Mr. YOUNG, Mr. COLE, and McKinney-Vento Homeless Assistance Act of housing and allow tribes to deploy Mr. HENSARLING have been just vital in (42 U.S.C. 11373(d)(1)) is amended by striking their funds more efficiently. getting this kind of pulled together in ‘‘twice’’ and inserting ‘‘once’’. There is also legislation in here to a fashion that we could bring it here The SPEAKER pro tempore. Pursu- deal with taxpayer protections and today on suspension. ant to the rule, the gentleman from

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.040 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8255 New Mexico (Mr. PEARCE) and the gen- I really rise to congratulate and H.R. 2790, the Housing Assistance Ef- tlewoman from Wisconsin (Ms. MOORE) thank the gentleman from California ficiency Act, would remedy both these each will control 20 minutes. (Mr. PETERS) for championing this bill problems, would make HUD a more ef- The Chair recognizes the gentleman and bringing to our attention a real ficient agency and get homelessness as- from New Mexico. tremendous cost savings in this HUD sistance to those that need it more GENERAL LEAVE program with H.R. 2790, and really pro- quickly. This is important in par- Mr. PEARCE. Mr. Speaker, I ask viding, using the McKinney-Vento ticular to San Diego. We have the third unanimous consent that all Members Homeless Assistance Act to provide largest homeless population, and it is may have 5 legislative days in which to services to the homeless rather than widely supported in my district and revise and extend their remarks and to just additional legal fees, operating across the country. include extraneous materials for the costs, additional insurance issues, es- I thank the gentleman from New RECORD on H.R. 2790, currently under tablishing new internal controls and Mexico. consideration. tracking systems. This is really inno- In their statement supporting this The SPEAKER pro tempore. Is there vative in terms of how it maximizes legislation, the San Diego Housing objection to the request of the gen- the McKinney-Vento moneys. The bill Federation said this bill removes bar- tleman from New Mexico? does not include more money, Mr. riers to helping get important re- There was no objection. Speaker. It just allows us to use the sources to those who need it the most, Mr. PEARCE. Mr. Speaker, I yield small ‘‘c’’ that we have more effec- and that is what it is all about. myself such time as I may consume. tively. So I urge my colleagues to help pass Mr. Speaker, the Housing Assistance I yield as much time as he might con- this legislation to take substantive ac- Efficiency Act was introduced by sume to the gentleman from California tion to improve government efficiency (Mr. PETERS), the author of H.R. 2790. SCOTT PETERS in July of 2013 as a tech- and help fight chronic homelessness in Mr. PETERS of California. Mr. nical correction to the 2009 HEARTH our country. Speaker, many laws are intended to en- Act amendments to the McKinney- Ms. MOORE. Mr. Speaker, I yield sure efficiency in Federal agencies but Vento Homeless Assistance Act. back the balance of my time. often have unintended consequences, Changes include restoring nonprofit or- Mr. PEARCE. Mr. Speaker, I would preventing agencies from serving the ganizations’ ability to administer rent- again like to thank the gentleman for public and costing taxpayer money. his hard work in this area and for al assistance programs, as well as alter Currently, the Department of Housing the way in which HUD reallocates bringing this bill forward. and Urban Development’s Continuum We have no other speakers, and I funds. of Care Program spends too much time Originally enacted in 1987 as the yield back the balance of my time. fulfilling administrative obligations in- The SPEAKER pro tempore. The McKinney Homeless Assistance Act, stead of helping individuals and fami- question is on the motion offered by this legislation created a number of lies transition out of homelessness and the gentleman from New Mexico (Mr. new programs to assist homeless Amer- putting them on a path to independent PEARCE) that the House suspend the icans’ needs, including food, shelter, living. health care, and education. Twice a fiscal year, HUD has to re- rules and pass the bill, H.R. 2790. Since 1987, it has twice been reau- allocate emergency solutions grant The question was taken; and (two- thorized. In 2000, it came to be known program funds that are unused, re- thirds being in the affirmative) the as the McKinney-Vento Homeless As- turned, or otherwise become available rules were suspended and the bill was sistance Act, with updates including in the program, but because almost no passed. the creation of the HUD Homeless As- funds are unused or become available A motion to reconsider was laid on sistance Grants, the Department of under the program, the reallocation of the table. Labor Homeless Veterans Reintegra- funds takes a lot of time and unwar- f tion Program, and others. In 2009, the ranted human capital to complete. WORLD WAR I AMERICAN VET- Homeless Emergency Assistance and It is administratively more efficient ERANS CENTENNIAL COMMEMO- Rapid Transition to Housing, the to reallocate funds only once a year. RATIVE COIN ACT HEARTH Act, amended McKinney- This frees up HUD employees to pro- Vento Homeless to combine the Shelter vide more human resources toward pro- Mr. PEARCE. Mr. Speaker, I move to Plus Care and the Supportive Housing viding better service to constituents, suspend the rules and pass the bill Programs into a single, competitive and we shouldn’t saddle HUD with (H.R. 2366) to require the Secretary of program. more administrative work that isn’t the Treasury to mint coins in com- Supported by HUD and the adminis- helping anyone. memoration of the centennial of World tration, the bill before us today will In addition to mandatory fund allo- War I, as amended. correct unintended consequences cre- cations, HUD also faces a mountain of The Clerk read the title of the bill. ated by the HEARTH Act by allowing paperwork when it comes to admin- The text of the bill is as follows: existing nonprofits that operate CoC istering rental assistance. Prior to H.R. 2366 programs for leased housing to home- 2009, private nonprofits could admin- Be it enacted by the Senate and House of Rep- less families and individuals to con- ister rental assistance through HUD’s resentatives of the United States of America in tinue to manage their McKinney-Vento Continuum of Care. The HEARTH Act, Congress assembled, grants as rental assistance. however, obfuscated rental assistance SECTION 1. SHORT TITLE. It restores nonprofit participation laws, and private nonprofits were left This Act may be cited as the ‘‘World War off the list of entities allowed to ad- I American Veterans Centennial Commemo- and maximum community flexibility rative Coin Act’’. by delegating authority to these insti- minister rental assistance. SEC. 2. FINDINGS; PURPOSE. tutions to administer rental assist- Currently, only States, units of general local government, or public hous- (a) FINDINGS.—The Congress finds the fol- ance. It allows Innovation of Promising lowing: Practices. Providing nonprofits with ing agencies can dispense housing as- (1) The year 2018 is the 100th anniversary of administration of rental assistance will sistance despite nonprofits’ substantial the signing of the armistice with Germany allow these groups to implement new experience and their ability to reach ending World War I battlefield hostilities. housing practices, which would better vulnerable populations. Private non- (2) On the 6th of April 1917, the United assist the communities they are in. It profits can still execute other home- States of America entered World War I by reduces administrative work by allow- lessness programs, but they have to go declaring war against Germany. (3) Two million American soldiers served ing reallocation to occur once a year through public housing agencies or another layer of bureaucracy to get rent- overseas during World War I. instead of semiannually. (4) More than four million men and women I reserve the balance of my time. al assistance to their clients or the from the United States served in uniform landlord. This creates more bureau- b 1500 during World War I. cratic burdens when individuals and (5) The events of 1914 through 1918 shaped Ms. MOORE. Mr. Speaker, I yield my- families really need the help quickly to the world and the lives of millions of people self such time as I may consume. stay in their homes. for decades.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.043 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8256 CONGRESSIONAL RECORD — HOUSE December 2, 2014 (6) Over 9 million soldiers worldwide lost SEC. 5. ISSUANCE OF COINS. The Chair recognizes the gentleman their lives between 1914 and 1918. (a) QUALITY OF COINS.—Coins minted under from New Mexico. (7) The centennial of America’s involve- this Act shall be issued in uncirculated and GENERAL LEAVE proof qualities. ment in World War I offers an opportunity Mr. PEARCE. Mr. Speaker, I ask for people in the United States to commemo- (b) MINT FACILITY.—Only one facility of rate the commitment of their predecessors. the United States Mint may be used to unanimous consent that all Members (8) Frank Buckles, the last American vet- strike any particular quality of the coins may have 5 legislative days within eran from World War I died on February 27, minted under this Act. which to revise and extend their re- 2011. (c) PERIOD FOR ISSUANCE.—The Secretary marks and include extraneous mate- (9) He was our last direct American link to may issue coins under this Act only during rials for the RECORD on H.R. 2366, as the ‘‘war to end all wars’’. the calendar year beginning on January 1, amended, currently under consider- 2018. (10) While other great conflicts, including ation. the Civil War, World War II, the Korean War, SEC. 6. SALE OF COINS. The SPEAKER pro tempore. Is there (a) SALE PRICE.—The coins issued under and the Vietnam War, have all been memori- objection to the request of the gen- alized on United States commemorative this Act shall be sold by the Secretary at a coins, there currently exists no coin to honor price equal to the sum of— tleman from New Mexico? the brave veterans of World War I. (1) the face value of the coins; There was no objection. (11) The 112th Congress established the (2) the surcharge provided in section 7 with Mr. PEARCE. Mr. Speaker, I yield World War I Centennial Commission to plan, respect to such coins; and myself such time as I may consume. develop, and execute programs, projects, and (3) the cost of designing and issuing the Mr. Speaker, a few short weeks ago, activities to commemorate the centennial of coins (including labor, materials, dies, use of the world marked the 96th anniversary World War I. machinery, overhead expenses, marketing, of the signing of the peace accords be- (b) PURPOSE.—The purpose of this Act is and shipping). tween the Allied Forces and Germany (b) BULK SALES.—The Secretary shall to— that ended what, at the time, was (1) commemorate the centennial of Amer- make bulk sales of the coins issued under this Act at a reasonable discount. called the Great War. Sadly, it was ica’s involvement in World War I; and only the first of what we now call (2) honor the over 4 million men and (c) PREPAID ORDERS.— women from the United States who served (1) IN GENERAL.—The Secretary shall ac- World Wars because it was followed during World War I. cept prepaid orders for the coins minted only two short decades later by the be- under this Act before the issuance of such SEC. 3. COIN SPECIFICATIONS. ginning of what became known as coins. (a) $1 SILVER COINS.—The Secretary of the World War II. (2) DISCOUNT.—Sale prices with respect to Treasury (hereafter in this Act referred to as That anniversary, which America prepaid orders under paragraph (1) shall be today calls Veterans Day, was, for the ‘‘Secretary’’) shall mint and issue not at a reasonable discount. more than 350,000 $1 coins in commemoration years, called Armistice Day, and it is SEC. 7. SURCHARGES. of the centennial of America’s involvement still called that across Europe. Four (a) IN GENERAL.—All sales of coins issued in World War I, each of which shall— under this Act shall include a surcharge of years from now, November 11, 2018, will (1) weigh 26.73 grams; $10 per coin. mark the signing of that armistice. It (2) have a diameter of 1.500 inches (38.1 mil- (b) DISTRIBUTION.—Subject to section will be 100 years since the end of that limeters); and 5134(f) of title 31, United States Code, all sur- (3) contain 90 percent silver and 10 percent ugly, bloody war that ushered in aerial charges received by the Secretary from the warfare, chemical weapons, tanks, and copper. sale of coins issued under this Act shall be EGAL TENDER.—The coins minted a host of other horrors. (b) L paid by the Secretary to the United States under this Act shall be legal tender, as pro- Mr. Speaker, in the ensuing century Foundation for the Commemoration of the vided in section 5103 of title 31, United States we have not managed to move past World Wars, to assist the World War I Cen- Code. tennial Commission in commemorating the war, and it is well that we remember (c) NUMISMATIC ITEMS.—For purposes of centenary of World War I. its costs. For that reason, I rise in sections 5134 and 5136 of title 31, United (c) AUDITS.—The Comptroller General of strong support of this legislation be- States Code, all coins minted under this Act the United States shall have the right to ex- fore us, H.R. 2366, introduced by the shall be considered to be numismatic items. amine such books, records, documents, and gentleman from Colorado (Mr. LAM- SEC. 4. DESIGN OF COINS. other data of the United States Foundation BORN) along with the gentleman from (a) DESIGN REQUIREMENTS.— for the Commemoration of the World Wars as Missouri (Mr. CLEAVER). (1) IN GENERAL.—The design of the coins may be related to the expenditures of minted under this Act shall be emblematic The World War I American Veterans amounts paid under subsection (b). Centennial Commemorative Coin Act of the centennial of America’s involvement (d) LIMITATION.—Notwithstanding sub- in World War I. section (a), no surcharge may be included calls for the Treasury Secretary to (2) DESIGNATION AND INSCRIPTIONS.—On with respect to the issuance under this Act mint and make available for sale no each coin minted under this Act, there shall of any coin during a calendar year if, as of more than 350,000 silver coins in rec- be— the time of such issuance, the issuance of ognition of the centenary of the end of (A) a designation of the value of the coin; such coin would result in the number of com- that war. (B) an inscription of the year ‘‘2018’’; and memorative coin programs issued during The veterans of the Great War are (C) inscriptions of the words ‘‘Liberty’’, such year to exceed the annual 2 commemo- long gone, the last having died nearly 4 ‘‘In God We Trust’’, ‘‘United States of Amer- rative coin program issuance limitation years ago. It is well that we remember, ica’’, and ‘‘E Pluribus Unum’’. under section 5112(m)(1) of title 31, United though, that nearly 4 million Ameri- (b) SELECTION.—The design for the coins States Code. The Secretary may issue guid- minted under this Act shall be selected by ance to carry out this subsection. cans, men and women, served in uni- the Secretary based on the winning design SEC. 8. FINANCIAL ASSURANCES. form during the First World War. Half from a juried, compensated design competi- The Secretary shall take such actions as of them served overseas, and some even tion described under subsection (c). may be necessary to ensure that— volunteered to fight for other Allied ar- (c) DESIGN COMPETITION.—The Secretary (1) minting and issuing coins under this mies even before the U.S. entered the shall hold a competition and provide com- Act will not result in any net cost to the war in April of 1917. pensation for its winner to design the ob- United States Government; and Of those 4 million veterans, even verse and reverse of the coins minted under (2) no funds, including applicable sur- those who are not students of military this Act. The competition shall be held in charges, shall be disbursed to any recipient the following manner: history know some of the names, such designated in section 7 until the total cost of as General John Joseph Pershing, (1) The competition shall be judged by an designing and issuing all of the coins author- expert jury chaired by the Secretary and ized by this Act (including labor, materials, known as ‘‘Black Jack’’ Pershing, who consisting of 3 members from the Citizens dies, use of machinery, overhead expenses, led the American Expeditionary Forces Coinage Advisory Committee who shall be marketing, and shipping) is recovered by the in that war and became the only gen- elected by such Committee and 3 members United States Treasury, consistent with sec- eral of the armies promoted to that from the Commission of Fine Arts who shall tions 5112(m) and 5134(f) of title 31, United rank while he was alive. be elected by such Commission. States Code. Sergeant Alvin York was perhaps the (2) The Secretary shall determine com- The SPEAKER pro tempore. Pursu- best known and most decorated soldier, pensation for the winning design, which shall be not less than $5,000. ant to the rule, the gentleman from winning a Medal of Honor for leading (3) The Secretary may not accept a design New Mexico (Mr. PEARCE) and the gen- an attack on a nest of enemy machine for the competition unless a plaster model tleman from Missouri (Mr. CLEAVER) guns at the height of the Meuse-Ar- accompanies the design. each will control 20 minutes. gonne battles in France, capturing 32

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.032 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8257 of them and 132 enemies while killing gentleman from Colorado (Mr. LAM- b 1515 28. BORN). Mr. POE of Texas. I thank the gen- James Norman Hall, an Iowa young- Mr. LAMBORN. Mr. Speaker, I want tleman from New Mexico. ster, went to France before the U.S. en- to thank my friend and colleague from Mr. Speaker, it was called the ‘‘War tered the war to fly with the American- the State of New Mexico for his leader- to End All Wars.’’ It began 100 years staffed Lafayette Escadrille of the ship. ago, and after 3 years, World War I was French Air Corps, and later drifted to I rise in support of H.R. 2366, which I a bloody stalemate. the South Seas where he cowrote the introduced with the help of my col- Then the American doughboys en- ‘‘Mutiny on the Bounty’’ trilogy. league, Representative EMANUEL tered the bloody trenches of Europe, Mr. Speaker, the coins authorized by CLEAVER, which would require the Sec- and the tenacious teenagers went over this legislation would be sold at a price retary of the Treasury to mint coins in there to a land they had never seen that would recoup all costs to tax- commemoration of the centennial of fighting for people they did not know. payers. The sale price would include a World War I. But soon after, the war turned in the surcharge that, after requirements for The year 2018 will be the 100th anni- favor of the Allies, and the war was raising private matching funds are versary of the signing of the armistice over. met, would support the work of the with Germany, marking the end of bat- Allied victory was declared in 1918. World War I Centennial Commission tlefield hostilities in World War I. Dur- Millions and millions of people established by the 111th Congress to ing the war, more than 4 million men throughout the world had died. 116,000 plan and execute activities marking and women from the United States Americans died. Many more thousands the centennial of the war. served in uniform, and more than died when they came back to America This legislation currently has 302 co- 100,000 gave their lives. from the Spanish flu that they got sponsors, and a companion bill intro- To honor their service and sacrifices, while they were overseas. duced by Senator BLUNT has 72. Congress created the World War I Cen- The last surviving World War I vet- Mr. Speaker, while not celebrating tennial Commission in 2013 and tasked eran was Frank Buckles. This is a pho- this or any other war, I urge Members them with planning and executing ac- tograph of him shortly before his to soberly reflect on the horrors and tivities to commemorate the centen- death. I got to know Frank Buckles be- tragedy of this first global conflict and nial of World War I through the use of fore he died at the age of 110. Like I to support this legislation. private donations and coin sales. said, he was the last surviving World I reserve the balance of my time. By requiring the Secretary of the War I veteran from America. Mr. CLEAVER. Mr. Speaker, I yield Treasury to mint coins to commemo- He lied to get into the United States myself such time as I may consume. rate this centennial, this bill would Army. He was probably 15. He con- Mr. Speaker, I rise today in support allow us to honor the memory, service, vinced some Army recruiter that he of H.R. 2366, the World War I American and sacrifices of the brave veterans of was 21, and they signed him up. He Veterans Centennial Commemorative World War I, while also providing the served in World War I. Coin Act, introduced by Representative means to pay tribute to the end of After World War I was over with, DOUG LAMBORN of Colorado’s Fifth Con- World War I battlefield hostilities. World War II started, and he found gressional District, and seek its imme- himself in the Philippines. He was cap- Other great conflicts, including the diate passage. tured by the Japanese and put in a Civil War, World War II, the Korean Mr. Speaker, as you may know, this prisoner-of-war camp until World War war, and the Vietnam war, have all summer marked the 100th anniversary II was over. been memorialized on United States of the start of World War I. The United But he came to the United States commemorative coins, but no such States formally joined the war in April Capitol and met with many Members of honor has been extended to the brave of 1917. During that time, more than 4.7 the House and Senate for the sole pur- veterans of World War I. This year, million Americans served, and of those pose of making sure that those dough- 2014, as has been said, is the 100th anni- brave men and women, more than boys he fought with and who died were versary of the start of World War I, 116,000 soldiers made the ultimate sac- remembered by the United States Con- making it a very fitting tribute that rifice. gress. His dying wish was that those he we pass the measure for this year. While other great conflicts, including served with would be honored by the the Civil War, World War II, the Ko- It is my pleasure to offer H.R. 2366. I House of Representatives and the Sen- rean war, and the Vietnam war, have am grateful for the opportunity to ate. all been memorialized on United States work with both Representative EMAN- The proceeds from the sale of the commemorative coins, there currently UEL CLEAVER and Senator ROY BLUNT coins will be used for the World War I exists no coin to honor the brave vet- on this important bill. Together, we Commission to help commemorate the erans of World War I. This bill would have gathered 300 cosponsors in the sacrifices of those warriors. I was privi- honor their service by directing the House for this patriotic bill. It will not leged to be appointed as an original Secretary of the Treasury to, number cost the U.S. Treasury anything, as has member of the World War I Commis- one, hold a competition to design the been said, but, on a voluntary basis, sion and still serve on the World War I coins and, number two, mint and issue will actually raise money. Foundation. $1 silver coins in commemoration of It is no coincidence that Representa- I want to thank Congressman the centennial of America’s involve- tives and Senators from the State of CLEAVER from Missouri for all the ment in World War I. Missouri are helping on this effort. work he has done to remember those The sale of the coins will assist the There is a wonderful memorial to doughboys, not only in this specific bill World War I Centennial Commission in World War I in Kansas City, Missouri, of getting this coin act passed but the raising funds that will be utilized in with an adjoining museum that is a original commission that he worked on commemorating U.S. involvement in world-class museum. For those who to make sure that we, as an American the Great War and educating a new haven’t had the opportunity to visit Nation, remembered them. generation of Americans about the role that museum and learn about this I appreciate the work that the gen- the United States assumed in that war. chapter in our Nation’s history, I tleman does in Kansas City with the I am also pleased to report that the would strongly urge them to do so. first-class memorial that we have to passage of this bill entails no net cost I thank Chairman HENSARLING and honor those World War I veterans. to taxpayers. the Financial Services Committee for Mr. Speaker, all those that served, I would urge my colleagues to join their support of this legislation, and I every one of them that served in World me in passing this commonsense, bipar- ask my colleagues to join me in hon- War I, they are all gone. There are tisan bill without further delay. oring the brave veterans of World War none left. Frank Buckles was the last Mr. Speaker, I yield back the balance I by supporting this bill. one. of my time. Mr. PEARCE. Mr. Speaker, I yield 4 But the United States World War I Mr. PEARCE. Mr. Speaker, I yield minutes to the gentleman from Texas, Commission will make sure we Ameri- such time as he may consume to the Judge POE. cans remember and honor them, for the

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.046 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8258 CONGRESSIONAL RECORD — HOUSE December 2, 2014 worst casualty of war is to be forgot- The text of the bill is as follows: (d) RULEMAKING.—Not later than the end of ten. H.R. 4569 the 360-day period beginning on the date that the report is issued to the Congress under And that is just the way it is. Be it enacted by the Senate and House of Rep- Mr. PEARCE. Mr. Speaker, I yield subsection (c), the Commission shall issue a resentatives of the United States of America in proposed rule to implement the rec- myself the balance of the time. Congress assembled, ommendations of the report issued under First of all, thanks to Mr. CLEAVER SECTION 1. SHORT TITLE. subsection (c). and Mr. LAMBORN for bringing this bill This Act may be cited as the ‘‘Disclosure (e) RULE OF CONSTRUCTION.—Revisions to the floor today. Thanks for your Modernization and Simplification Act of made to regulation S-K by the Commission dedicated work on that. 2014’’. under section 3 shall not be construed as sat- Thanks to Mr. POE. Around here we SEC. 2. SUMMARY PAGE FOR FORM 10-K. isfying the rulemaking requirements under just simply know him as ‘‘Judge,’’ but Not later than the end of the 180-day period this section. thanks for his poignant comments. beginning on the date of the enactment of The SPEAKER pro tempore. Pursu- As a Vietnam veteran returning to this Act, the Securities and Exchange Com- ant to the rule, the gentleman from mission shall issue regulations to permit the United States in the 1973 era, I issuers to submit a summary page on form New Jersey (Mr. GARRETT) and the gen- found a Nation that was disrespectful 10-K (17 C.F.R. 249.310), but only if each item tlewoman from Wisconsin (Ms. MOORE) to young men and women who had on such summary page includes a cross-ref- each will control 20 minutes. served, myself included. I took my uni- erence (by electronic link or otherwise) to The Chair recognizes the gentleman form off and put it in a closet, never to the material contained in form 10-K to which from New Jersey. pull it out until I ran for Congress and such item relates. GENERAL LEAVE people began to ask why I didn’t tell SEC. 3. IMPROVEMENT OF REGULATION S-K. Mr. GARRETT. Mr. Speaker, I ask about the military story. Not later than the end of the 180-day period unanimous consent that all Members That is a condition and a mindset beginning on the date of the enactment of be given 5 legislative days within this Act, the Securities and Exchange Com- that no matter how you are registered, mission shall take all such actions to revise which to revise and extend their re- no matter what culture you are in, regulation S-K (17 C.F.R. 229.10 et seq.)— marks and include extraneous mate- what race, what religion, we must (1) to further scale or eliminate require- rials for the RECORD on H.R. 4569, as never let this happen again. We must ments of regulation S-K, in order to reduce amended, that is currently under con- be willing to sacrifice for those who the burden on emerging growth companies, sideration have sacrificed for us and those who accelerated filers, smaller reporting compa- The SPEAKER pro tempore. Is there have been willing to make the sac- nies, and other smaller issuers, while still objection to the request of the gen- rifice. providing all material information to inves- tleman from New Jersey? My grandfather was in World War I. tors; There was no objection. (2) to eliminate provisions of regulation S- As I was approaching my time to go to K, required for all issuers, that are duplica- Mr. GARRETT. Mr. Speaker, I yield Vietnam, he visited with me about tive, overlapping, outdated, or unnecessary; myself such time as I may consume. being in the Argonne Forest and about and Mr. Speaker, I rise now in support of being gassed there. It left him with a (3) for which the Commission determines H.R. 4569, which is the Disclosure Mod- lung condition and frailty throughout that no further study under section 4 is nec- ernization and Simplification Act of the rest of his life. But he never was essary to determine the efficacy of such revi- 2014. Having access to the U.S. capital sorry for serving, never was sorry for sions to regulation S-K. markets and the broad investor base those things that had happened to him. SEC. 4. STUDY ON MODERNIZATION AND SIM- that comes with it is vital—literally PLIFICATION OF REGULATION S-K. It is young men and women who are vital—for U.S. companies to be able to (a) STUDY.—The Securities and Exchange grow their businesses and create jobs willing to do anything for others’ free- Commission shall carry out a study of the dom that we are honoring here today. requirements contained in regulation S-K (17 in this country. And again, I would urge all to support C.F.R. 229.10 et seq.). Such study shall— Over time, as our securities laws this legislation. It is a noble concept (1) determine how best to modernize and have continued to grow and evolve, the and a noble tradition of remembering simplify such requirements in a manner that number of new SEC rules and regula- those who have served this country in reduces the costs and burdens on issuers tions that have been weighing down on the military. while still providing all material informa- public companies continue now to mul- Mr. Speaker, I yield back the balance tion; tiply, and it is becoming more and (2) emphasize a company by company ap- more difficult and costly for small of my time. proach that allows relevant and material in- The SPEAKER pro tempore. The formation to be disseminated to investors businesses to succeed and eventually question is on the motion offered by without boilerplate language or static re- go public. the gentleman from New Mexico (Mr. quirements while preserving completeness Many of the disclosure rules that PEARCE) that the House suspend the and comparability of information across reg- have been added over time are both du- rules and pass the bill, H.R. 2366, as istrants; and plicative and are no longer needed due amended. (3) evaluate methods of information deliv- to many technological advancements The question was taken. ery and presentation and explore methods that we are all familiar with. And yet for discouraging repetition and the disclo- the SEC has taken little action to re- The SPEAKER pro tempore. In the sure of immaterial information. view these unnecessary and outdated opinion of the Chair, two-thirds being (b) CONSULTATION.—In conducting the in the affirmative, the ayes have it. study required under subsection (a), the regulations and to make appropriate Mr. PEARCE. Mr. Speaker, on that I Commission shall consult with the Investor changes to help U.S. companies and demand the yeas and nays. Advisory Committee and the Advisory Com- also investors. The yeas and nays were ordered. mittee on Small and Emerging Companies. So we have H.R. 4569 before us, and it The SPEAKER pro tempore. Pursu- (c) REPORT.—Not later than the end of the seeks to do what? It removes some of ant to clause 8 of rule XX, further pro- 360-day period beginning on the date of en- the outdated and unnecessary red tape actment of this Act, the Commission shall and allows for the small companies and ceedings on this motion will be post- issue a report to the Congress containing— poned. (1) all findings and determinations made in investors to benefit from a more f carrying out the study required under sub- streamlined and efficient public disclosure regime. DISCLOSURE MODERNIZATION AND section (a); (2) specific and detailed recommendations Specifically, the legislation would di- SIMPLIFICATION ACT OF 2014 on modernizing and simplifying the require- rect the SEC to simplify the public Mr. GARRETT. Mr. Speaker, I move ments in regulation S-K in a manner that re- company disclosure regime for issuers to suspend the rules and pass the bill duces the costs and burdens on companies and investors by permitting the issuers (H.R. 4569) to require the Securities while still providing all material informa- to submit a summary page of annual and Exchange Commission to make tion; and reports on Form 10–Ks with cross ref- (3) specific and detailed recommendations certain improvements to form 10–K and on ways to improve the readability and navi- erences to the contents of the report. It regulation S–K, and for other purposes, gability of disclosure documents and to dis- is that simple. as amended. courage repetition and the disclosure of im- Because the typical 10–K filed by The Clerk read the title of the bill. material information. issuers is hundreds of pages long and

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.047 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8259 written in legalese, investors do find it ably reported from the House Financial Disclosure Policy Study; the 1977 Advi- difficult to locate and to digest the Services Committee, and championed sory Committee on Corporate Disclo- truly important information about the by my friend from New York (Mrs. sure; the simplified Form S–18 for company in the report. So permitting MALONEY). small companies in 1979; a new sim- issuers to submit a summary page I would like to associate myself with plified Form S–B in 1992; the 1996 Task would enable companies to concisely the long and extended explanation by Force on Disclosure Simplification; the disclose pertinent information to in- Mr. GARRETT of New Jersey, and just to 2005 Advisory Committee on Smaller say, Mr. Speaker, that, in short, this vestors without exposing them to li- Public Companies; the Advisory Com- bill will make disclosures that public ability. mittee on Improvements to Financial companies make more streamlined, This summary page would also en- Reporting in 2007; and, most recently, able investors to more easily access the manageable, and user friendly. the Advisory Committee on Small and most relevant information about that I really appreciate the participation Emerging Companies. company. of my good friend, Representative This legislation would also direct the MALONEY, who really worked hard to What this history demonstrates is SEC to revise Regulation S-K—‘‘Reg S- make sure that this legislation was that the process of scaling and stream- K,’’ it is called—to better scale disclo- balanced and it included language to lining the reporting requirements for sure rules for emerging growth compa- emphasize that we needed to reduce smaller companies is something that nies and smaller issuers, and to elimi- burdens on companies, but we need to we all need to focus on in order to keep nate other duplicative, outdated, or un- preserve investment protection. pace with the ever-evolving market- So, given the changes that Mrs. necessary Reg S-K disclosure rules for place, and it is one that historically MALONEY made with the Maloney all issuers. has been revisited every 7 to 10 years. In testimony before the Capital Mar- amendment, I strongly support the legislation, would urge all my colleagues It requires strong oversight by the SEC kets Subcommittee, one witness stat- and also by Congress. ed: ‘‘The burdens imposed by existing to support it, and I yield back the bal- regulation, primarily Reg S-K and Reg ance of my time. I believe that now is an excellent S-X, effectively deny small companies Mr. GARRETT. Mr. Speaker, I thank time for the SEC to revisit the disclo- access to the public market and make the gentlelady for her assistance in sure requirements for smaller compa- this matter. nies and to figure out how to best mod- investors less willing to invest.’’ Also, you made reference to Mrs. He added: ‘‘This bill, H.R. 4569, is ernize these requirements. This bill di- MALONEY from New York for her work very constructive, and the Commission rects the SEC to build on its 2013 study as well. She is not on the floor right is likely to be receptive to it. It might by making immediate improvements to now, but I certainly do appreciate her well launch a process that would sub- reg S–K in the short term and then by efforts with the legislation and in full stantially reduce unneeded impedi- making specific and detailed rec- committee and in subcommittee as ments to smaller firms being able to ommendations on how to simplify and well in order to move forward on this access the public capital markets.’’ modernize reg S–K in the long term. Additionally, another commenter piece of legislation before the House, We were able to work in a bipartisan testified: H.R. 4569. And to your comment about perhaps manner on this bill to clarify that any Over the course of time, proxies have be- I should have taken the substance of come voluminous, some required disclosures revisions the SEC makes should reduce have becomes obsolete, and the delivery of the bill to heart, I did streamline the 10 burdens on small businesses, while also information has changed, though the legal pages down to four pages to make it ensuring that investors still have ac- mandated forms of disclosure have not. not duplicative, unnecessary, and out- cess to all important information. This situation has commonly been referred dated information. to as ‘‘disclosure overload’’ and it is appar- Mr. Speaker, I yield such time as she This bill will ensure that the SEC ent that investors are not being given infor- may consume to the gentlewoman from properly tailors its regulations to the mation in a decision-useful manner and, in New York (Mrs. MALONEY). needs of small businesses and doesn’t some cases, they are simply overwhelmed Mrs. CAROLYN B. MALONEY of New get caught up in a one-size-fits-all re- with non-relevant information. action. I urge my colleagues to support Even SEC Chair Mary Jo White has, on York. Mr. Speaker, I want to thank my several occasions, stated that a review of our colleague for his hard work on this bill. this commonsense bill. current disclosure system is a top priority I did want to come to the floor and sup- Mr. GARRETT. I thank the gentle- for the Commission this year. So this bill port it because it is one of the areas woman for her efforts. would help augment the SEC’s effort by re- where we did work together in a posi- Mr. Speaker, at this point, I yield 2 quiring the Commission to, first, eliminate tive way. wholly unnecessary or outdated disclosure I would like to also take this oppor- minutes to the gentleman from Indiana requirements and to allow issuers to include tunity to congratulate him on being re- (Mr. STUTZMAN). a summary of material in the form 10–K. appointed as chairman of the Capital Mr. STUTZMAN. Mr. Speaker, I rise So this legislation builds on section Markets Committee on which I serve. today in strong support of the Disclo- 108 of the Jumpstart Our Business And I look forward to working with sure Modernization and Simplification Startups bill—you remember that, the you in the next Congress. Act of 2014. JOBS Act—which directed the SEC to When the Financial Services Com- For far too long, our economy has re- study Reg S-K in order to simplify and mittee marked up the JOBS Act in mained weak, and small businesses and modernize disclosure rules. The SEC 2012, Mr. GARRETT included an amend- completed the study in December of ment requiring the SEC to conduct a wage earners have suffered greatly. 2013. Unfortunately, the study proposed study on how to modernize and sim- Part of the reason they have suffered is few substantive reform measures. In- plify the disclosure process for emerg- from too many regulations and from an stead, it recommended further study of ing growth companies. increase in red tape from Federal Gov- Reg S-K disclosure rules. The SEC published that study last ernment agencies, which has hindered Let me conclude with this. Given our December, and while the study failed growth and kept businesses from ex- continued economic difficulties, I be- to make any specific recommendations panding. They also present big chal- lieve we need to stop studying and on how to streamline the disclosure lenges for startup companies that are start taking action. Simplifying and process, it did provide, I thought, a looking to gain solid footing in this streamlining disclosure requirements very fascinating history of all the dif- shaky economy. will enable companies to divert fewer ferent efforts to simplify registration If we are going to move this country resources to compliance, freeing up ad- and disclosure processes, especially for in the right direction, we need to make ditional capital to create American smaller companies, which is a concern it easier and not harder for Americans jobs. for many Members of this Congress Mr. Speaker, I reserve the balance of to do business. The least we can do in who want to relieve the regulatory bur- Washington is to make sure Federal my time. den on particularly smaller companies. Ms. MOORE. Mr. Speaker, I yield my- regulators do not force business man- self such time as I may consume. b 1530 agers to report the same information I rise in strong support of Mr. GAR- For example, here are some of the over and over. That is what this act is RETT’s bill, H.R. 4569, which was favor- studies that they did: the SEC’s 1969 all about.

VerDate Mar 15 2010 07:34 May 07, 2015 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD14\DEC 2014\H02DE4.REC H02DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H8260 CONGRESSIONAL RECORD — HOUSE December 2, 2014 This legislation, along with others tion to suspend the rules and pass the Lowey Pearce Sherman Lucas Pelosi Shimkus we will consider today, will help re- bill (H.R. 5739) to amend the Social Se- Luetkemeyer Perry Shuster move the Federal Government from the curity Act to provide for the termi- Lujan Grisham Peters (CA) Simpson backs of small business owners and nation of social security benefits for (NM) Peters (MI) Sinema make it easier for all Americans to individuals who participated in Nazi Luja´ n, Ben Ray Peterson Sires (NM) Petri Slaughter succeed. persecution, and for other purposes, on Lummis Pingree (ME) Smith (MO) It will revise regulations to include which the yeas and nays were ordered. Lynch Pittenger Smith (NE) startup companies, to eliminate redun- The Clerk read the title of the bill. Maffei Pitts Smith (NJ) dant and duplicative provisions, and to Maloney, Pocan Smith (TX) The SPEAKER pro tempore. The Carolyn Poe (TX) Smith (WA) discourage the disclosure of immate- question is on the motion offered by Maloney, Sean Polis Southerland rial information, among other sim- the gentleman from Texas (Mr. SAM Marchant Pompeo Speier plifications. Now is the time to remove Marino Posey Stewart JOHNSON) that the House suspend the Massie Price (GA) Stivers these roadblocks on the pathway to rules and pass the bill. Matheson Price (NC) Stockman success. The vote was taken by electronic de- Matsui Quigley Stutzman The American people are looking for McAllister Rahall Swalwell (CA) vice, and there were—yeas 420, nays 0, us to ease some of these painful eco- McCarthy (CA) Rangel Takano not voting 14, as follows: McCaul Reed Terry nomic burdens, and today, we have an McClintock Reichert Thompson (CA) opportunity to support legislation that [Roll No. 537] McCollum Renacci Thompson (MS) will have a positive impact on our YEAS—420 McDermott Ribble Thompson (PA) economy, that which limits the chal- McGovern Rice (SC) Thornberry Adams Cotton Grimm McHenry Richmond Tiberi lenges on small business owners and Amash Courtney Guthrie McIntyre Rigell Tierney job creators. Amodei Cramer Gutie´rrez McKeon Roby Tipton Let’s work together in this Chamber Bachmann Crawford Hahn McKinley Roe (TN) Titus Bachus Crenshaw Hanabusa McMorris Rogers (AL) Tonko and pass this series of bills in a bipar- Barber Crowley Hanna Rodgers Rogers (KY) Tsongas tisan fashion. Let’s show our constitu- Barletta Cuellar Harper McNerney Rohrabacher Turner ents that we are serious about re- Barr Culberson Harris Meadows Rokita Upton Barrow (GA) Cummings Hartzler charging our economic engine by pur- Meehan Rooney Valadao Barton Daines Hastings (FL) Meeks Ros-Lehtinen Van Hollen suing commonsense regulatory re- Bass Davis (CA) Hastings (WA) Meng Roskam Vargas forms. Beatty Davis, Danny Heck (NV) Messer Ross Veasey I would like to thank Chairman HEN- Becerra Davis, Rodney Heck (WA) Mica Rothfus Vela Benishek DeFazio Hensarling ´ SARLING, Representative GARRETT, Rep- Michaud Roybal-Allard Velazquez Bentivolio DeGette Herrera Beutler Miller (FL) Royce Visclosky resentative HURT, and the rest of the Bera (CA) Delaney Higgins Miller (MI) Ruiz Wagner members of the Financial Services Bilirakis DeLauro Himes Miller, George Runyan Walberg Committee, who worked hard on this Bishop (GA) DelBene Hinojosa Moore Ruppersberger Walden Bishop (NY) Denham Holding Moran Rush Walorski issue. I urge my colleagues in the Bishop (UT) Dent Honda Mullin Ryan (OH) Walz House to support this legislation. Black DeSantis Horsford Mulvaney Ryan (WI) Wasserman Mr. GARRETT. I appreciate the gen- Blackburn DesJarlais Hoyer Murphy (FL) Salmon Schultz tleman’s coming to the floor. More im- Blumenauer Deutch Hudson Murphy (PA) Sa´ nchez, Linda Waters Bonamici Diaz-Balart Huelskamp Nadler T. Waxman portantly, I appreciate the gentleman’s Boustany Dingell Huffman Napolitano Sanchez, Loretta Weber (TX) efforts and hard work on this legisla- Brady (PA) Doggett Huizenga (MI) Neal Sanford Webster (FL) tion in committee. Thank you very Brady (TX) Duffy Hultgren Neugebauer Sarbanes Welch Braley (IA) Duncan (SC) Hunter much. Noem Scalise Wenstrup Brat Duncan (TN) Hurt Nolan Schakowsky Westmoreland Mr. Speaker, I yield back the balance Bridenstine Edwards Israel Norcross Schiff Whitfield of my time. Brooks (AL) Ellison Issa Nugent Schneider Williams The SPEAKER pro tempore. The Brooks (IN) Ellmers Jackson Lee Nunes Schock Wilson (FL) Broun (GA) Engel Jeffries question is on the motion offered by Nunnelee Schwartz Wilson (SC) Brown (FL) Enyart Jenkins O’Rourke Schweikert Wittman the gentleman from New Jersey (Mr. Brownley (CA) Eshoo Johnson (GA) Olson Scott (VA) Wolf GARRETT) that the House suspend the Buchanan Esty Johnson (OH) Owens Scott, Austin Womack rules and pass the bill, H.R. 4569, as Bucshon Farenthold Johnson, E. B. Palazzo Scott, David Woodall Burgess Farr Johnson, Sam Pallone Sensenbrenner Yarmuth amended. Bustos Fattah Jolly Pascrell Serrano Yoder The question was taken; and (two- Butterfield Fincher Jones Pastor (AZ) Sessions Yoho thirds being in the affirmative) the Byrne Fitzpatrick Jordan Paulsen Sewell (AL) Young (AK) Calvert Fleischmann Joyce Payne Shea-Porter Young (IN) rules were suspended and the bill, as Camp Fleming Kaptur amended, was passed. Campbell Flores Keating NOT VOTING—14 A motion to reconsider was laid on Capito Forbes Kelly (IL) Aderholt Hall Negrete McLeod Capps Fortenberry Kelly (PA) the table. Capuano Holt Perlmutter Ca´ rdenas Foster Kennedy Cassidy Lowenthal Rogers (MI) f Carney Foxx Kildee Doyle McCarthy (NY) Schrader Carson (IN) Frankel (FL) Kilmer Duckworth Miller, Gary ANNOUNCEMENT BY THE SPEAKER Carter Franks (AZ) Kind PRO TEMPORE Cartwright Frelinghuysen King (IA) b 1603 The SPEAKER pro tempore. Pursu- Castor (FL) Fudge King (NY) Castro (TX) Gabbard Kingston Mr. MCNERNEY changed his vote ant to clause 8 of rule XX, proceedings Chabot Gallego Kinzinger (IL) from ‘‘nay’’ to ‘‘yea.’’ will resume on motions to suspend the Chaffetz Garamendi Kirkpatrick Chu Garcia Kline So (two-thirds being in the affirma- rules previously postponed. tive) the rules were suspended and the Votes will be taken in the following Cicilline Gardner Kuster Clark (MA) Garrett Labrador bill was passed. order: Clarke (NY) Gerlach LaMalfa The result of the vote was announced H.R. 5739, by the yeas and nays; Clawson (FL) Gibbs Lamborn H.R. 3240, by the yeas and nays; Clay Gibson Lance as above recorded. H.R. 2366, by the yeas and nays. Cleaver Gingrey (GA) Langevin A motion to reconsider was laid on Clyburn Gohmert Lankford the table. The first electronic vote will be con- Coble Goodlatte Larsen (WA) ducted as a 15-minute vote. Remaining Coffman Gosar Larson (CT) f electronic votes will be conducted as 5- Cohen Gowdy Latham REGULATION D STUDY ACT minute votes. Cole Granger Latta Collins (GA) Graves (GA) Lee (CA) The SPEAKER pro tempore. The un- f Collins (NY) Graves (MO) Levin Conaway Grayson Lewis finished business is the vote on the mo- NO SOCIAL SECURITY FOR NAZIS Connolly Green, Al Lipinski tion to suspend the rules and pass the ACT Conyers Green, Gene LoBiondo bill (H.R. 3240) to instruct the Comp- Cook Griffin (AR) Loebsack The SPEAKER pro tempore. The un- Cooper Griffith (VA) Lofgren troller General of the United States to finished business is the vote on the mo- Costa Grijalva Long study the impact of Regulation D, and

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.050 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8261 for other purposes, on which the yeas Matheson Polis Slaughter War I, as amended, on which the yeas and nays were ordered. Matsui Pompeo Smith (MO) and nays were ordered. McAllister Posey Smith (NE) The Clerk read the title of the bill. McCarthy (CA) Price (GA) Smith (NJ) The Clerk read the title of the bill. The SPEAKER pro tempore. The McCaul Price (NC) Smith (TX) The SPEAKER pro tempore. The question is on the motion offered by McClintock Quigley Smith (WA) question is on the motion offered by McCollum Rahall the gentleman from Missouri (Mr. Southerland the gentleman from New Mexico (Mr. McGovern Rangel Speier LUETKEMEYER) that the House suspend McHenry Reed Stewart PEARCE) that the House suspend the the rules and pass the bill. McIntyre Reichert Stivers rules and pass the bill, as amended. McKeon Renacci Stockman This is a 5-minute vote. McKinley Ribble This will be a 5-minute vote. The vote was taken by electronic de- Stutzman The vote was taken by electronic de- McMorris Rice (SC) Swalwell (CA) vice, and there were—yeas 422, nays 0, Rodgers Richmond Takano vice, and there were—yeas 418, nays 3, not voting 12, as follows: McNerney Rigell Terry not voting 13, as follows: Meadows Roby [Roll No. 538] Thompson (CA) [Roll No. 539] Meehan Roe (TN) Thompson (MS) YEAS—422 Meeks Rogers (AL) Thompson (PA) YEAS—418 Meng Rogers (KY) Thornberry Adams Cuellar Heck (WA) Messer Rogers (MI) Adams Cummings Herrera Beutler Tiberi Amash Culberson Hensarling Mica Rohrabacher Amodei Daines Higgins Tierney Amodei Cummings Herrera Beutler Michaud Rokita Bachmann Davis (CA) Himes Tipton Bachmann Daines Higgins Miller (FL) Rooney Bachus Davis, Danny Hinojosa Titus Bachus Davis (CA) Himes Miller (MI) Ros-Lehtinen Barber Davis, Rodney Holding Tonko Barber Davis, Danny Hinojosa Miller, George Roskam Barletta DeFazio Holt Tsongas Barletta Davis, Rodney Holding Moore Ross Barr DeGette Honda Turner Barr DeFazio Holt Moran Rothfus Barrow (GA) Delaney Horsford Upton Barrow (GA) DeGette Honda Mullin Roybal-Allard Barton DeLauro Hoyer Valadao Barton Delaney Horsford Mulvaney Royce Bass DelBene Hudson Van Hollen Bass DeLauro Hoyer Murphy (FL) Ruiz Beatty Denham Huelskamp Beatty DelBene Hudson Murphy (PA) Runyan Vargas Becerra Dent Huffman Becerra Denham Huelskamp Nadler Ruppersberger Veasey Benishek DeSantis Huizenga (MI) Benishek Dent Huffman Napolitano Rush Vela Bentivolio DesJarlais Hultgren ´ Bentivolio DeSantis Huizenga (MI) Neal Ryan (OH) Velazquez Bera (CA) Deutch Hunter Bera (CA) DesJarlais Hultgren Neugebauer Ryan (WI) Visclosky Bilirakis Diaz-Balart Hurt Bilirakis Deutch Hunter Noem Salmon Wagner Bishop (GA) Dingell Israel Bishop (GA) Diaz-Balart Hurt Nolan Sa´ nchez, Linda Walberg Bishop (NY) Doggett Issa Bishop (NY) Dingell Israel Norcross T. Walden Bishop (UT) Duffy Jackson Lee Bishop (UT) Doggett Issa Nugent Sanchez, Loretta Walorski Black Duncan (SC) Jeffries Black Duffy Jackson Lee Nunes Sanford Walz Blackburn Duncan (TN) Jenkins Blackburn Duncan (SC) Jeffries Nunnelee Sarbanes Wasserman Blumenauer Edwards Johnson (GA) Blumenauer Duncan (TN) Jenkins O’Rourke Scalise Schultz Bonamici Ellison Johnson (OH) Bonamici Edwards Johnson (GA) Olson Schakowsky Waters Boustany Ellmers Johnson, E. B. Boustany Ellison Johnson (OH) Owens Schiff Waxman Brady (PA) Engel Johnson, Sam Brady (PA) Ellmers Johnson, E. B. Palazzo Schneider Weber (TX) Brady (TX) Enyart Jolly Brady (TX) Engel Johnson, Sam Pallone Schock Webster (FL) Braley (IA) Eshoo Jones Braley (IA) Enyart Jolly Pascrell Schwartz Welch Brat Esty Jordan Brat Eshoo Jones Pastor (AZ) Schweikert Wenstrup Bridenstine Farenthold Joyce Bridenstine Esty Jordan Paulsen Scott (VA) Westmoreland Brooks (AL) Farr Kaptur Brooks (AL) Farenthold Joyce Payne Scott, Austin Whitfield Brooks (IN) Fattah Kelly (IL) Brooks (IN) Farr Kaptur Pearce Scott, David Williams Brown (FL) Fincher Kelly (PA) Broun (GA) Fattah Keating Pelosi Sensenbrenner Wilson (FL) Brownley (CA) Fitzpatrick Kennedy Brown (FL) Fincher Kelly (IL) Perry Serrano Wilson (SC) Buchanan Fleischmann Kildee Brownley (CA) Fitzpatrick Kelly (PA) Peters (CA) Sessions Wittman Bucshon Fleming Kilmer Buchanan Fleischmann Kennedy Peters (MI) Sewell (AL) Wolf Burgess Flores Kind Bucshon Fleming Kildee Peterson Shea-Porter Womack Bustos Forbes King (IA) Burgess Flores Kilmer Petri Sherman Woodall Butterfield Fortenberry King (NY) Bustos Forbes Kind Pingree (ME) Shimkus Yarmuth Byrne Foster Kingston Butterfield Fortenberry King (IA) Pittenger Shuster Yoder Calvert Foxx Kinzinger (IL) Byrne Foster King (NY) Pitts Simpson Yoho Camp Frankel (FL) Kirkpatrick Calvert Foxx Kingston Pocan Sinema Young (AK) Campbell Franks (AZ) Kline Camp Frankel (FL) Kinzinger (IL) Poe (TX) Sires Young (IN) Capito Frelinghuysen Kuster Campbell Franks (AZ) Kirkpatrick Capps Fudge Labrador Capito Frelinghuysen Kline NOT VOTING—12 Ca´ rdenas Gabbard LaMalfa Capps Fudge Kuster Aderholt Duckworth Miller, Gary Carney Gallego Lamborn ´ Cardenas Gabbard Labrador Capuano Hall Negrete McLeod Carson (IN) Garamendi Lance Carney Gallego LaMalfa Cassidy McCarthy (NY) Perlmutter Carter Garcia Langevin Carson (IN) Garamendi Lamborn Doyle McDermott Schrader Cartwright Gardner Lankford Carter Garcia Lance Castor (FL) Garrett Larsen (WA) Cartwright Gardner Langevin ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Castro (TX) Gerlach Larson (CT) Castor (FL) Garrett Lankford Chabot Gibbs Latham Castro (TX) Gerlach Larsen (WA) The SPEAKER pro tempore (during Chaffetz Gibson Latta Chabot Gibbs Larson (CT) the vote). There are 2 minutes remain- Chu Gingrey (GA) Lee (CA) Chaffetz Gibson Latham ing. Cicilline Gohmert Levin Chu Gingrey (GA) Latta Clark (MA) Goodlatte Lewis Cicilline Gohmert Lee (CA) b 1610 Clarke (NY) Gosar Lipinski Clark (MA) Goodlatte Levin Clawson (FL) Gowdy LoBiondo Clarke (NY) Gosar Lewis So (two-thirds being in the affirma- Clay Granger Loebsack Clawson (FL) Gowdy Lipinski tive) the rules were suspended and the Cleaver Graves (GA) Lofgren Clay Granger LoBiondo bill was passed. Clyburn Graves (MO) Long Cleaver Graves (GA) Loebsack Coble Grayson Lowenthal Clyburn Graves (MO) Lofgren The result of the vote was announced Coffman Green, Al Lowey Coble Grayson Long as above recorded. Cohen Green, Gene Lucas Coffman Green, Al Lowenthal A motion to reconsider was laid on Cole Griffin (AR) Luetkemeyer Cohen Green, Gene Lowey Collins (GA) Griffith (VA) Lujan Grisham Cole Griffin (AR) Lucas the table. Collins (NY) Grijalva (NM) Collins (GA) Griffith (VA) Luetkemeyer f Conaway Grimm Luja´ n, Ben Ray Collins (NY) Grijalva Lujan Grisham Connolly Guthrie (NM) Conaway Grimm (NM) WORLD WAR I AMERICAN VET- Conyers Gutie´rrez Lummis Connolly Guthrie Luja´ n, Ben Ray Cook Hahn Lynch Conyers Gutie´rrez (NM) ERANS CENTENNIAL COMMEMO- Cooper Hanabusa Maffei Cook Hahn Lummis RATIVE COIN ACT Costa Hanna Maloney, Cooper Hanabusa Lynch Cotton Harper Carolyn Costa Hanna Maffei The SPEAKER pro tempore. The un- Courtney Harris Maloney, Sean Cotton Harper Maloney, finished business is the vote on the mo- Cramer Hartzler Marchant Courtney Harris Carolyn tion to suspend the rules and pass the Crawford Hastings (FL) Marino Cramer Hartzler Maloney, Sean bill (H.R. 2366) to require the Secretary Crenshaw Hastings (WA) Matheson Crawford Hastings (FL) Marchant Crowley Heck (NV) Matsui Crenshaw Hastings (WA) Marino of the Treasury to mint coins in com- Cuellar Heck (WA) McAllister Crowley Heck (NV) Massie memoration of the centennial of World Culberson Hensarling McCarthy (CA)

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.053 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8262 CONGRESSIONAL RECORD — HOUSE December 2, 2014 McCaul Price (GA) Smith (NE) REPORT ON RESOLUTION PRO- That was President Obama in 2010. McClintock Price (NC) Smith (NJ) VIDING FOR CONSIDERATION OF That was then; this is now. The lawless McCollum Quigley Smith (TX) McDermott Rahall Smith (WA) H.R. 5771, TAX INCREASE PRE- administration continues to ignore McGovern Rangel Southerland VENTION ACT OF 2014, AND PRO- Congress in order to go it alone and im- McHenry Reed Speier VIDING FOR CONSIDERATION OF plement his own authoritarian agenda. McIntyre Reichert Stewart H.R. 647, ACHIEVING A BETTER The latest illegal kingly edict is that McKeon Renacci Stivers McKinley Ribble Stockman LIFE EXPERIENCE ACT OF 2014 he will disregard immigration law, McMorris Rice (SC) Stutzman Mr. SESSIONS, from the Committee orally change the rules, grant legal Rodgers Richmond Swalwell (CA) on Rules, submitted a privileged report status, and give work permits to mil- McNerney Rigell Takano (Rept. No. 113–643) on the resolution (H. lions of foreign undocumented nation- Meadows Roby Terry als. Meehan Roe (TN) Thompson (CA) Res. 766) providing for consideration of Meeks Rogers (AL) Thompson (MS) the bill (H.R. 5771) to amend the Inter- These actions show the administra- Meng Rogers (KY) Thompson (PA) nal Revenue Code of 1986 to extend cer- tion is more interested in jobs for ille- Messer Rogers (MI) Thornberry tain expiring provisions and make gal foreign nationals in America than Mica Rohrabacher Tiberi technical corrections, and for other Americans in America. That is why Michaud Rokita Tierney Congresswoman BLACK and I have in- Miller (FL) Rooney Tipton purposes, and providing for consider- Miller (MI) Ros-Lehtinen Titus ation of the bill (H.R. 647) to amend the troduced the Separation of Powers Act. Moore Roskam Tonko Internal Revenue Code of 1986 to pro- This legislation would prohibit the Moran Ross Tsongas vide for the tax treatment of ABLE ac- use of funds for granting deferred ac- Mullin Rothfus Turner counts established under State pro- tion, green cards, work permits, or Mulvaney Roybal-Allard Upton other immigration relief to people not Murphy (FL) Royce Valadao grams for the care of family members Murphy (PA) Ruiz Van Hollen with disabilities, and for other pur- lawfully present in the U.S. Nadler Runyan Vargas poses, which was referred to the House Most importantly, it would allow Napolitano Ruppersberger Veasey Calendar and ordered to be printed. Congress to exercise its check on the Neal Rush Vela out-of-control White House that treats ´ f Neugebauer Ryan (OH) Velazquez the Constitution as a mere suggestion Noem Ryan (WI) Visclosky SUPPORT ABLE ACT OF 2014 Nolan Salmon Wagner instead of the law. The President says Norcross Sa´ nchez, Linda Walberg (Mr. FITZPATRICK asked and was he is not the emperor of the United Nugent T. Walden given permission to address the House States, but his actions show otherwise. Nunes Sanchez, Loretta Walorski for 1 minute and to revise and extend America doesn’t need a king; other- Nunnelee Sanford Walz his remarks.) O’Rourke Sarbanes Wasserman wise, we would have kept King George. Olson Scalise Schultz Mr. FITZPATRICK. Mr. Speaker, I And that is just the way it is. Owens Schakowsky Waters rise to urge the House to pass the The SPEAKER pro tempore (Mr. Palazzo Schiff Waxman Achieving a Better Life Experience Act MESSER). Members are reminded to re- Pallone Schneider Weber (TX) of 2014, also known as the ABLE Act. frain from engaging in personalities to- Pascrell Schock Webster (FL) The ABLE Act would help ease the ward the President. Pastor (AZ) Schwartz Welch strain on those with physical and men- Paulsen Schweikert Wenstrup f Payne Scott (VA) Westmoreland tal disabilities by allowing the cre- Pearce Scott, Austin Whitfield ation of tax-free savings accounts. WORLD AIDS DAY Pelosi Scott, David Williams These savings accounts would work a (Ms. LEE of California asked and was Perry Sensenbrenner Wilson (FL) lot like the popular 529 college savings given permission to address the House Peters (CA) Serrano Wilson (SC) Peters (MI) Sessions Wittman plans. for 1 minute.) Peterson Sewell (AL) Wolf The accounts could be used to pay for Ms. LEE of California. Mr. Speaker, Petri Shea-Porter Womack life expenses such as education, hous- yesterday marked World AIDS Day and Pingree (ME) Sherman Woodall ing, and transportation. In other more than 30 years since the first dis- Pittenger Shimkus Yarmuth words, this bill levels the playing field covery of AIDS in the United States. Pitts Shuster Yoder for those with disabilities who cannot Pocan Simpson Yoho As the cofounder of the HIV/AIDS Poe (TX) Sinema Young (AK) make use of tax-free college savings caucus, I am proud to say that we have Polis Sires Young (IN) plans by giving families an alternative made great strides in combating the Pompeo Slaughter tax-free account that they can use. AIDS epidemic here in our own country Posey Smith (MO) It is also important to note that the and throughout the world. Contracting bill doesn’t take away any other bene- HIV is no longer the death sentence NAYS—3 fits that those with disabilities might Amash Broun (GA) Massie that it once was, but much more re- be entitled to; rather, it would serve as mains to be done. a supplement, giving these families the NOT VOTING—13 A recent report by UNAIDS found flexibility to achieve a better life. that we have 5 years to break the epi- Aderholt Hall Negrete McLeod This bill has a tremendous amount of Capuano Keating Perlmutter demic for good or risk it rebounding bipartisan support. The ABLE Act is an Cassidy McCarthy (NY) Schrader out of control. We cannot allow the opportunity for this Congress to show Doyle Miller, Gary gains we have made in fighting for an Duckworth Miller, George that we can work together to make a AIDS-free generation to be lost, and we real difference in the lives of American can eradicate AIDS if we devote proper ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE families. Mr. Speaker, this bill is about em- resources to the fight both here and The SPEAKER pro tempore (during abroad. the vote). There are 2 minutes remain- powering those with disabilities and their families, and I urge that the We must reduce the stigma suring. House and Senate pass the ABLE Act, rounding the disease by strengthening so that the President can sign it into educational and outreach activities to b 1617 law before the end of the year. help prevent millions of new HIV cases worldwide. We must also provide the So (two-thirds being in the affirma- f science-based comprehensive sex edu- tive) the rules were suspended and the IMPERIAL EDICT FROM THE cation that has proven to reduce the bill, as amended, was passed. WHITE HOUSE spread of sexually transmitted dis- The result of the vote was announced (Mr. POE of Texas asked and was eases, and we must repeal laws that as above recorded. given permission to address the House promote discrimination and hate. for 1 minute and to revise and extend Mr. Speaker, now is the time to take A motion to reconsider was laid on his remarks.) bold action to create a world that is the table. Mr. POE of Texas. Mr. Speaker, he free from HIV and AIDS. I urge my col- said, ‘‘I’m the President. I’m not king. leagues to join me in working to I can’t do these things by myself.’’ achieve an AIDS-free generation.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A02DE7.035 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8263 UNCONSTITUTIONAL ACTIONS BY crats in Congress have to live under TED YOHO. He is a great American, and PRESIDENT OBAMA the same laws everybody else does. I am very, very proud he is my friend. The SPEAKER pro tempore. Under Now, I was told when I was prevented But in H.R. 5759, titled, Preventing Ex- the Speaker’s announced policy of Jan- from continuing to cook ribs that my ecutive Overreach on Immigration Act, uary 3, 2013, the gentleman from Texas friends across the aisle, Democrats, my friend Congressman YOHO has a bill (Mr. GOHMERT) is recognized for 60 min- and Republicans love—everybody that that declares that the President does utes as the designee of the majority is not a vegetarian tells me they loved not have the authority to exempt cat- leader. my ribs; and my dear friend LOUISE egories of persons unlawfully present Mr. GOHMERT. Mr. Speaker, well, it SLAUGHTER had told me that her late in the United States from removal. has been quite an interesting couple of husband, before he passed, as a vege- Any executive action seeking to ex- days coming back from Thanksgiving, tarian had even eaten two ribs of mine empt these categories of person is a and this morning, there was an inter- she brought home. So my ribs were a violation of the law and has no legal ef- esting conference, what to do about a big hit with everybody but the Archi- fect. President who, for a number of years, a tect of the Capitol. He told me I The bill goes on to make clear this is couple dozen of times or so, has made couldn’t continue to cook because of a a permanent solution that will apply to very clear he is not a king, he is not an violation of the fire code, and that was executive actions that attempt to cir- emperor, he would rather not have to something Republicans actually cumvent the law. Further, this does deal with Congress, Congress is a changed to make sure that we in Con- not affect any appropriation, so it does messy thing to deal with, but he can’t gress had to live under the same laws not risk any government funding or just do what he wants regarding immi- everybody else does. So we do. shutdown issues. gration without following the Con- We are supposed to live under the It is a constitutional separation of stitution and that means, under the laws everybody else does, but then it powers issue. So any reform or change Constitution, article I, section 8, Con- comes to amnesty, and some here in to the law must come from congres- gress has sole authority when it comes the minority think it is just fine for a sional legislation, not executive fiat, to issues like naturalization and immi- President to legislate since they are and basically makes clear an executive gration. not able to do that while they are in fix of the law is unconstitutional, tem- Prior Congresses have passed laws the minority. Didn’t do it when they porary, and establishes a dangerous and made it clear what it takes to be- were in the majority. The President precedent that could be abused by come a United States citizen. Now, didn’t do it before his reelection in Presidents of both parties for any area those laws need fixing. There is no 2012. of the law they disagree with. So it is a bit of a conundrum when question about that, and despite all of So that is a great first step, but the the President of the United States as- the rhetoric, our friends on the other problem is, if we do not eliminate the serts, as an alleged former constitu- side of the aisle, when they controlled funding for the President’s unconstitutional professor, apparently an instruc- the majority in the House, majority in tional action, then it may be carried tor, all these years he cannot do any- the Senate, with President Obama in out anyway. There is some talk about thing about the immigration problem the White House, chose to absolutely extending funding to next March. Well, because the Constitution doesn’t allow do nothing about correcting immigra- by March people will already have been it. Then, immediately before the grand tion problems, securing the border— provided work permits that the law jury acted in Missouri, the President not even amnesty. Why? Because they says may not legally have work per- acts, knowing what was about to hap- know, they see the polls, and the polls mits, and it is not likely anything pen in Missouri, Ferguson, and know- make very clear that the American would be done at that point to stop it. ing Thanksgiving was coming up and a public did not want any type of am- Now is the time to stop unconstitu- lot of people would take their eye off of nesty. tional action. what was happening with regard to am- The President knew were he and the As the President keeps saying, Con- Democrats in the House and Senate, nesty, and then the President speaks a new law into existence. gress didn’t do anything. It shows that when they had the majority during he is getting terrible advice. We had a their 2 years, to have done something The law is very clear: if you are not legally in the United States, you can’t knock-down, drag-out session the last like an amnesty bill like the bill the week of July in this Chamber, and two President passed without going legally hold a job. The President changed that law with a pronounce- floors below this Chamber, in the through Congress, then they would House office buildings, we were fight- have surely lost the majority, and the ment and a stroke of his pen, but that is not a legal law. ing it out because, as the President has President would definitely not have said, dealing with Congress can be been reelected in 2012. So we have got to stand up for the Constitution. For a President to avoid messy. b 1630 taking such action before an election That is the way the Founders in- And they did not think it was worth because he knew it would cost him a tended it. They wanted it to be dif- risking the majority over an amnesty second term, it would cost his party ficult to pass laws. And Jefferson, when the vast majority of Americans dramatically in the Senate and House, thinking it would be a good idea— did not want it. Why? Because the vast then to wait and do it immediately though he wasn’t there at the Constitu- majority of Americans have to comply after the election and right before tional Convention, so he didn’t get this with the law, and fortunately those Thanksgiving when he thinks people in. It would be a good idea if laws had same vast number of Americans think will lose interest, well, Americans are to be on file for a year before they everybody else should as well. not losing interest. They are still con- could even be brought up for a vote. Now, we still see emails saying, you cerned. Things done in haste in this body or know, if we could ever get Congress Now that the President has taken the Senate are not a good idea. under Social Security, Congress living this unconstitutional action, America Yet we must do something to stop under the same laws as everybody else is looking at Republicans: You said you the unconstitutional action. The Presi- did, then a lot of our problems will be were against it. You ran and we elected dent wants a border bill. We passed one fixed, and that forgets the fact that ac- you to the majority in the House and in the House. Somebody needs to ad- tually Members of Congress have been Senate, and you were saying you would vise President Obama’s advisers that paying into Social Security for years. not abide such an unconstitutional ac- we passed a good bill. It was not a good No Member of Congress has a benefit tion. So what are you going to do about bill on Thursday, but by Friday at 10 that every other Federal employee it? p.m. or so when we passed it, it was a doesn’t already have. One of the prom- Well, one of the things being pro- good bill. Still had more to do. There is ises that Republicans made, that they posed is my dear friend TED YOHO— much more we can and should do. said they would do if they got the ma- sometimes people say ‘‘dear friend’’ There is a lot of reforms that must be jority in November of 1994, is to make around this body and they say it a bit done, but until the border is secure, sure that Republicans have and Demo- tongue in cheek, but that is not true of then we are just going to have to keep

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.058 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8264 CONGRESSIONAL RECORD — HOUSE December 2, 2014 reforming immigration, reforming im- and going after the rich, and yet, amaz- as the number of natives and their children migration, giving amnesty, giving am- ingly, as they talk about going after on Medicaid from 2011 to 2013. nesty, until the country is not the the rich, it is as if there is a wink and Immigrants and their children accounted for 42 percent of Medicaid enrollment growth country people wanted to come to. a nod: We are going to talk bad about from 2011 to 2013, even though they ac- How ironic that people have to leave you, call you fat cats, but you are counted for only 17 percent of the Nation’s countries—they believe—because there going to get richer than you have ever total population and 23 percent of overall is graft, corruption, violence, because been. Just don’t forget us when it U.S. population growth in the same time pe- the rule of law is not enforced fairly comes to political contributions. Oh, riod. across the board, and they want to yeah, we will trash the Koch Brothers, About two-thirds of the growth in Med- come to America because, with all the icaid associated with immigrants was among but they can’t hold a candle to the fat- immigrants themselves, rather than U.S.- down economy, over 92 million people cat Democratic contributors. born children of immigrants. having given up hope of finding a job, But when you try to get your head It is an interesting issue because not even looking anymore, this is still around 95 percent of the income going when my friend STEVE KING and I were one of the greatest economies in the to the top 1 percent in America, it is in England in recent years, we were world because we still pretty much try extraordinary. The President himself told there that the law is very clear. to enforce the law across the board. acknowledged, September a year ago, They know that their country would So people come from countries where that this was happening on his watch. fail if they just say everybody that the rule of law is not observed, not en- b 1645 comes in is immediately entitled to forced fairly across the board—too Again, people can talk about the every Federal subsidy the British Gov- many friends or people with particular ernment offers, so they have a require- interests of the leaders, they get spe- middle class getting bigger and wages being suppressed. Their solution is to ment in England that you are not enti- cial privileges, they get exempted from tled to any benefit, we were told, until the law. So they come here where we bring in 5 million new workers willing to work a lot cheaper, without health you have paid into the British system are not supposed to do that, and once for at least 5 years. here, say, ‘‘Look, now that we are here, insurance, to compete with Americans that need a little more in order to live Well, that kind of makes sense, and having come illegally, we want you, having just been over there and had a United States, to just forget about the and that need health insurance. And the solution is to bring in 5 mil- chance to address members from the law, ignore your Constitution, ignore House of Commons and House of Lords, the laws on immigration, and just lion people more? Do you really want to see minority unemployment go even having spoken at Cambridge and Ox- waive them and forget about them,’’ ford, they are trying to save their when, in so doing, we would become higher than its current skyrocketing position? country over there, but there was a like the country they felt they had to great deal of welfare that is hurting leave because we don’t enforce the law That is not fair to Americans. Our oath is to this country and the people the system and their economics. Even fairly across the board anymore. so, they have a law that says you can’t The old saying, capital is a coward, in it, and the way we do that is by de- fending the Constitution against all en- even get these kind of benefits until talking about money to be invested, it you have paid into their system for 5 is a coward. It goes to areas where it emies, foreign and domestic. It is time the poor and the middle class in Amer- years. feels safest, where the laws will be Why isn’t there something like that ica were helped by having a better most fairly applied so that there is in the President’s new law that he wage, by not continuing to leave the something that can be counted on, that spoke into being? Perhaps that ought borders open, by not winking and nod- laws mean things. to be the first reform that both Houses ding and unconstitutionally allowing 5 So we have had a lot of investment in take up. You can’t receive any kind of million people to work illegally but the United States of people from China, benefit from the U.S. Government un- with the stamp of approval from the from Russia, Africa, South America. less you have paid into the U.S. Gov- White House. It is time to stop it be- People around the world have been ernment for at least 5 years, and that fore we lose the Constitution alto- willing to invest in the United States does not include getting more money because we have been a country where gether. Here is an article from Steven back year after year than you pay in. capital could be comfortable. An article yesterday indicated one Camarota and Karen Ziegler. The head- But when mass amnesty is applied, woman in Virginia had been largely line, ‘‘Immigrant Families Benefit Sig- which will ultimately throw however using people that were illegally in the nificantly from ObamaCare,’’ and the many people are given illegal work per- country to file for child tax credits so subheadline, ‘‘Immigrant Families Ac- mits to work legally, you are going to they can get back $4,000, $7,000, $1,500 counted for 42 Percent of Medicaid throw that many million people out of more than they paid in, and it was a Growth Since 2011.’’ jobs. You will depress the working scam. wage rate. The article says: If one woman in Virginia can be ac- Mr. Speaker, it can’t be overempha- A key part of the Affordable Care Act is countable for $7,000 in child tax credits sized that what happened since this Medicaid expansion for those with low in- being paid out more than people paid comes. A new analysis of government data President has been in office or in power in, how many people are there across is what we normally say about mon- by the Center for Immigration Studies shows that immigrants and their U.S.-born chil- the United States that are doing that archs, but what has happened for the dren, under age 18, have been among the pri- same thing, while we have workers first time in American history never mary beneficiaries of Medicaid growth. The across the country, like in my district, happened under any prior President. data show that immigrants and their chil- that have said that because ObamaCare But this President’s policies, as he dren accounted for 42 percent of the growth changed the definition of part-time talked about the fat cats on Wall in Medicaid enrollment from 2011 to 2013. Im- work, it forced them into a situation of Street, though he received more dona- migrants benefited more from Medicaid ex- having to work two part-time jobs, not tions from them than Republicans did; pansion than natives because a much larger share of immigrants are poor and uninsured. having health insurance anymore, and as he bad-mouthed the oil companies, just struggling just to survive, just to but he had friends that were doing fa- It seems almost certain that immigrants and their children will continue to benefit live; yet when it comes to people that vors for him; as he bad-mouthed cap- disproportionately from ObamaCare, as they have not paid a dime into the system, ital cronyism as capital cronyism was remain much more likely than natives to be all of a sudden, we are just going to exactly what was occurring in this uninsured or poor. The available evidence in- bend over backwards and violate the country and from this administration, dicates that Medicaid growth associated Constitution for them. actually for the first time in our his- with immigrants is largely among those le- There is an article in Breitbart today gally in the country. tory, 95 percent of all income in Amer- from Tony Lee that said: ica went to the top 1 percent of income Nonetheless, immigrants, this points One in three illegal immigrants over the earners. It has never happened before. out: age of 25 in America do not even have a high I know—I know—this administration, The number of immigrants and their U.S.- school education, according to a New Migra- everybody in it talks about the fat cats born children on Medicaid grew twice as fast tion Policy Institute report.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.060 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8265 The Migration Policy Institute estimates Services shipping them around the b 1700 there are 8.512 million illegal immigrant country. adults 25 years of age or older. The study Here is an article from Politico say- As they build up their numbers in ing, the DHS chief, short-term funding found that while 49 percent of illegal immi- different cities around the country and grants 25 years or older have at least a high a very bad idea. So it turns out Home- school diploma or a GED, 17 percent have they owe the drug cartels that are land Security Secretary Jeh Johnson some high school education, while 33 percent ruthless, unscrupulous, and don’t mind warned Tuesday that a short-term do not have any high school education. torturing and killing, we hear more funding measure for his agency will be Of course, we have got people of all and more about Mexican drug cartel ‘‘a very bad idea,’’ telling Congress races, national origins, and both gen- activities around the country and our such a bill would hold up everything ders trying to get into this country. cities, how horrendous it is that the from hiring Secret Service agents to They have been trying for years and United States Department of Homeland paying for border security. years to do so legally. They could fill Security and the United States Depart- Well, we still have people that are needed specialized positions to help our ment of Health and Human Services saying, though, you know, in a CR and economy grow; yet they can’t get a being complicit in helping ship agents an omnibus, we really can’t put restric- visa. They are not about to get am- for the drug cartels and gangs around tions on the Federal Government in nesty. We have got things completely the country that can be intimidated there. And yet, here is a report regard- backwards. and reminded, ‘‘Remember, you still ing the last omnibus highlights where We know, of course, when the Presi- owe us $3,000, $4,000, $5,000, and here’s there were 17 different restrictions on dent talks about amnesty and legal how you will work it off.’’ agencies’ use of fees in the last fiscal status—along with other people here in Is it sex trade? Is it drugs that are year. Washington—our border patrolmen poisoning more of our American teen- This was done with the help of the make clear over and over that that in- agers and young adults with the Mexi- Congressional Research Service that creases the number of people coming can drugs being brought in? reviewed the previous spending omni- across our border. If the drug cartels are getting prom- bus. And Senator JEFF SESSIONS, dear Thank God Texas has stepped up. The ises from people coming into the friend, great guy, he has been able to State of Texas has been paying tremen- United States illegally that they will identify 17 separate restrictions. dous amounts of money to have addi- work off the rest of the money, then One was a restriction in section 543 tional people on the border. At night, you can bet the drug cartels are going on the United States Citizenship and you can see their profile—DPS troop- to see that they do. Immigration Services that said, not- ers, Texas Rangers, game wardens— I have been told by border patrolmen withstanding section 1356(n), title VIII, where they can call people in speed- that you don’t cross the U.S. border U.S. Code, of the funds deposited into boats that Texas has paid for to rush without some drug cartel, some gang, the immigration examinations fee ac- up and try to catch the coyotes bring- some organized crime being in charge count, $7,500,000 may be allocated by ing people across illegally. of the area of the border where you U.S. Citizenship and Immigration Serv- The coyotes don’t want to be caught. crossed, and you dare not cross across ices fiscal year 2014 for the purpose of The people do. They want to turn Mexico into the United States without providing an immigrant integration themselves in as quick as they can. the permission of whatever organized grants program. The coyotes don’t want to be caught, criminal group is in charge. They say There is one for the Department of so they are not going to come across if they will come after them. Agriculture, Department of Justice, they think they are going to get We are bringing in agents of drug Transportation Security Administra- caught before they can get across with cartels and shipping them around the tion, Nuclear Regulatory Commission, their raft. country where they can work for the Federal Communications Commission, One of the other things that ought to drug cartels. It is what they have said Security and Exchange Commission, scare law enforcement dramatically is there on the border. ‘‘Yeah, they are Bureau of Ocean Energy Management, the fact that I have heard a number of going to let me work this off.’’ Office of Surface Mining Reclamation people say, as they were questioned by Well, in talking to the border patrol- Enforcement, Copyright Office, Export- our border patrolmen out in the middle men there in the middle of the night Import Bank of the United States. of the night, and they are asked—it’s down on the border, they tell you some So we know it can be done. It has not on the standard questions, but they interesting things. As I have been told been done. The restrictions have been have been asked many times by our by the border patrolmen, ‘‘You know made in past omnibuses, even just last border patrolmen, ‘‘How much did you what the drug cartels call us Federal year. So we can do that, and we should have to pay the gangs or the drug car- agents here in the U.S.? They borrow do that. tels to bring you across?’’ Sometimes, from a commercial on television and If we don’t do that, then the Presi- it is $5,000, $6,000, $7,000, or $8,000. say, ‘We’re the logistics.’ ’’ dent’s unconstitutional act is going to Sometimes, a followup question is The United States Federal employees be a harbinger of terrible things to asked, ‘‘Where did you get that kind of are the drug cartels’ logistics. All they come. Once you no longer have a Con- money in El Salvador, Guatemala, have to do is get their agents that are stitution that means anything, then Honduras, or wherever you came going to work for the drug cartels into Presidents can pretty much do as they from?’’ Often, the answer was, ‘‘Well, the United States, and then the United wish. some of the friends or family in the States Government ships them around That is what happens in Third World U.S. sent money. We have been trying the country for the drug cartels. countries. That is why we have lasted to collect money in our home coun- All they have to do is say, ‘‘This is over 200 years, because the Constitu- try.’’ where I’ve got somebody—a family tion meant something. It took a civil Every now and then, you get a remember, a loved one—and that’s where war to make the Constitution more en- sponse that scares me and is probably I need to go,’’ and we ship them free of forcing of what it said. It took someone at the bottom of many of the people’s charge. The U.S. Government makes it like Dr. King giving his life to ensure payments to come and be brought in il- free of charge at least to the immi- civil rights for everyone, as the Con- legally by drug cartels and gangs. They grant coming in illegally. stitution guaranteed. have confided, ‘‘They are going to let Of course, there is no free lunch, as But once we have moved into this us work some of the rest of it off.’’ Phil Graham used to repeatedly say. post-constitutional era, where the Con- Well, what does that mean? It means Somebody is paying for it, and to a stitution no longer is enforced, it is when Health and Human Services picks limited extent, it is American tax- just a document, then there is no skel- people up and transmits them across payers. To another extent, it is our eton on which to hang muscle and the the country—with scabies, as we have children and grandchildren who are in- might that makes a strong country, seen happen, and whatever disease they curring the debts that will be paid with and we become, figuratively speaking, may bring in—as some have pointed income they have never even figured a blob of a nation without structure out, that means every State is a border out what job they will be deriving the that can’t defend itself adequately, State, thanks to Health and Human income from. It is immoral. that has drug cartel agents throughout

VerDate Sep 11 2014 04:09 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.061 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8266 CONGRESSIONAL RECORD — HOUSE December 2, 2014 the country, that continues to have Do you not understand that the Mus- allows him, basically, to gut our mili- people sending wives in to have chil- lim Brothers are your enemy? tary to pre-World War II levels. So it is dren in the United States free of charge Do you not understand that the Mus- a win, win, win all the way around for and leaving to go back home with, ac- lim Brothers want the United States as the administration if we pass that bill tually, a U.S. passport as an American part of a caliphate? creating a supercommittee. citizen. Well, the Department of Homeland Well, we did, and the President got I think that is how Anwar al-Awlaki, Security and this administration and the military gutted, Defense Depart- whom the President was so concerned mainstream media belittled me for the ment gutted. The sequestration hap- about he blew him up with a drone last couple of years or so as I continued pened. strike—he was an American citizen. to point out that they had an adviser And now I am concerned, if we say, His parents came over from Yemen on on their top Homeland Security Advi- all right, we are not going to fund visas, and he was born here, but taken sory Council who had used his classi- Homeland Security unless you agree, back, grew up learning to hate Amer- fication that Janet Napolitano gave you sign a bill that defunds your illegal ica. him in an inappropriate way; that he activity in providing amnesty to 5 mil- The deputy leader of Hamas, Mousa had spoken—he was listed as a speaker lion people, I think we need to be care- Abu Marzook, his wife came to the paying tribute to the Ayatollah Kho- ful about that, Mr. Speaker, because it U.S., had a child that, no doubt, is meini as a man of vision; that he de- just may be that the President would being taught to hate America. fended the Holy Land Foundation prin- like to blame Republicans and say, you Palestinian Islamic jihad leader cipals who were convicted of sup- know what? Well, I would like to have Sami Al-Arian, his wife came to the porting terrorism; failed to properly Border Patrol securing the border, but United States, had a child, American file the tax forms that would allow his the Republicans cut off the funding, citizen. foundation to remain a 501(c)(3). Didn’t and so, gee, there is no Border Patrol Abdul Rahman al-Amoudi, who is file them. And yet, he is a top adviser. on the border. It is all the Republicans’ doing 23 years in prison for supporting Well, even the Obama administration fault because they wouldn’t fund it. terrorism, financing terrorism, his wife had to finally let him go and, yes, go I think we need to be rather careful had a child here in the United States, ahead and accept the resignation when about saying we are going to bank on an American citizen. he tweeted out that the international not funding Homeland Security, only Khalid Sheikh Mohammed, the 9/11 caliphate is inevitable so we need to mastermind, even has confessed to that fund them for a short time, and then get used to it. Even the Obama admin- threaten the President, if you don’t in his own written pleadings and said, istration had to let him go after that. if our act of terror created terror in sign off on a bill defunding your illegal So he has resigned. He is no longer a activity, then Homeland Security your heart, then praise be to Allah. Ba- top member advising this administra- sically, in his six-page pleading, he won’t be funded. tion. As one of my Republican friends said, you had it coming. But it is time for Americans to wake pointed out, kind of like the old adage, I think there is possibly a chance he up. Ignoring the Constitution is not if you are going to take a hostage, you would raise a child to hate America. helpful. After over two-dozen state- need to take somebody that the other And then the Muslim Brother Presi- ments by this President that he doesn’t side doesn’t want to see killed. And dent of Egypt, Mohamed Morsi, his have the power to, in effect, do what he there is some concern that if we take wife came to America. Irony of ironies, just now did right before Thanksgiving, hostage, figuratively speaking, the he thought he was being very clever to demands congressional action. We Homeland Security Department in have an American citizen daughter, yet must stand up and defund the illegal order to defund the illegal activity of the Egyptian people didn’t think it was activity of this President. so clever. They didn’t like the idea. Mr. Speaker, I think it is also impor- this President’s amnesty, it just may When he became such an unconstitu- tant to note that our Republican lead- be that the President, figuratively tional actor as a President that he ers got duped in July of 2011. I tried to again speaking, will say, go ahead, could no longer be tolerated, be al- warn. I told people back then, told our take out your hostage; completely lowed to be left in office, 20 million whole conference, this supercommittee defund Homeland Security. That is Egyptians were reported in the streets will not be allowed to reach an agree- okay with me. of Egypt demanding his removal, fol- ment by the Democrats. b 1715 lowed by another demonstration of 30 I was assured, oh, sure they will be- No, that is not the way you nego- million to 33 million Egyptians, mod- cause it cuts a whole bunch of money tiate. erate Muslims, Christians, Jews, from Medicaid and an automatic se- If we are going to stop the Presi- secularists, out in the streets demand- questration if the supercommittee dent’s unconstitutional amnesty, it is ing, we don’t want a radical Islamist in doesn’t reach an agreement. So the going to require funding everything control of our country, Egypt. hundreds of billions, the gutting of our that needs funding, but to go after Amazing. Such a huge event in the military will never happen because the something the President really wants realm of human history in Egypt. God supercommittee will reach an agree- but doesn’t need. Good grief. When we bless the Egyptians. We need to pray ment because they don’t want the cuts for them, we need to help them. to Medicare. are spending the trillions of dollars we But not this administration. This ad- Well, it seemed very clear to me, and are, we can certainly afford, for exam- ministration says, oh, so you ousted as I told my Republican friends, no, ple, to do away with the czars, to do the Muslim Brother, part of the organi- they are going to prevent the super- away with the, say, public transpor- zation that wants to bring down Amer- committee from reaching agreement if tation to golf outings. ica, and you ousted him? we pass this bill because they want the We can save millions of dollars just Well, if you don’t put him back in cuts to Medicare because they cut over on that alone. This is what you do in power we are not going to send you the $700 billion of Medicare funding in negotiation. For those of us who have Apache helicopters you are using to ObamaCare without a single Repub- negotiated multimillion-dollar deals keep the Suez Canal open. We are not lican vote. and multimillion-dollar settlements, going to send you what you need to So the only way, in 2012, they will be that is what you do. You have to find deweaponize the Sinai that Morsi saw able to run commercials saying, we something that is very important to weaponized. love our rich friends more than we love the other side, but that is really not No, we are going to hold back any seniors, is if they prevent the super- necessary, so that the other side, when weapons that will help you clean up committee from reaching an agree- you are negotiating, knows you mean the radicalization in Egypt and Sinai ment. business. I don’t think Homeland Secu- that Morsi oversaw, which is why some The cuts to Medicare are only a frac- rity is the place to threaten. of the moderate Muslim leaders in the tion of what ObamaCare did but, none- We have got to defund the illegal ac- Middle East and North Africa continue theless, cuts to Medicare will happen. tivity, or of those who fought to defend to ask, why do you keep helping your And the President has never cared the Constitution, who picked up the enemies? much for the military anyway, and this Stars and Stripes in representing our

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.063 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8267 Nation—our constitutional Republic— ter of a trillion dollars. More and more surge and costs associated with Alz- and carried it as fellow soldiers were of that money will come from Medicare heimer’s and dementia. killed and who advanced freedom here as the baby boom population begins to What can we do about it? We can ac- in America, their blood will be on our move into its more senior years. tually do a lot. I suspect, if you are hands because we wouldn’t even stand This illness is not just found in sen- looking at this on your TV screens or for the Constitution when there were iors. We are also learning about the are here in the audience, you really no bullets being fired. We have got to early onset of Alzheimer’s, men and only see the green line. This speaks of stand up for America and for our Con- women in their thirties and forties— the treatment for Alzheimer’s: today, stitution. early Alzheimer’s. Of course, it extends $250 billion by Federal and local and Mr. Speaker, I yield back the balance on, mostly in the more senior popu- private. of my time. lation, 60–65 and above. On this one over here is research, treatment versus research. It is the old f This is an illness that is also associated with genetics. If you have Alz- adage: You spend it now or spend a lot ALZHEIMER’S heimer’s in your family, there is a more later. A penny saved is a penny The SPEAKER pro tempore (Mr. higher probability that you will have earned. BRIDENSTINE). Under the Speaker’s an- Alzheimer’s yourself, but it is also an What does research amount to? I nounced policy of January 3, 2013, the illness that is associated with brain have to pull this up close—oh, here it is. We are spending $122 billion to $150 gentleman from California (Mr. damage that can occur from concus- billion or so of Federal and State GARAMENDI) is recognized for 60 min- sions. money. What are we spending on re- utes as the designee of the minority I think we have all heard about the search? $566 million. Billions? Millions? leader. National Football League players who What does research amount to? It actu- Mr. GARAMENDI. Mr. Speaker, to- have suffered with one form of demen- ally works. Research actually will night, I want to spend some time with tia or another and who have died early solve problems, medical research. my colleagues discussing something because of it. We also know that trau- How long have we been at polio? I re- that we actually can do for every matic brain injuries are the most com- member growing up around the issues American family, something that the mon injuries found among our troops of polio. It was very common in our Congress of the United States can take who have returned from Afghanistan communities, then some money was action on soon, like this week, when we and Iraq. spent on research and a polio vaccine. pass our appropriations bill or, per- Alzheimer’s, it is there. It is very ex- You don’t see polio in our communities haps, next week if we fail to get the job pensive. anymore. done this week. What can we look forward to in the The research worked with the devel- We can help every American family future? Let’s see. This is Medicare and opment of the Salk vaccine, followed tomorrow, the next day, and on into Medicaid—the Federal Government ex- by other vaccines to treat polio. It is the years out ahead if we take action. penditures—not the family expendi- essentially wiped out in America. It The subject matter of tonight is about tures, not the expenditures by health only exists in a few very isolated places an issue that affects every American insurance companies. This is just the in the world. If we were to spend the family wherever you are out there—my Federal Government. money on a vaccination in those areas, own family, your family, the families Today, it is about $122 billion. By the we would see polio disappear from our of my staff, perhaps even the families end of this decade, it will be $195 bil- world. The same thing happened with of those who are working with us to- lion. As this wave of baby boomers smallpox. night. passes through our demography and I want to show you something more This is an illness. This is an illness through our society, we expect, by the of today. Let’s look at the research that has become the most expensive year 2050, that the Federal Government budgets for those programs that are ac- and will soon become the most perva- will be spending over $880 billion—$120 tive today: investments in health re- sive illness in America. It is Alz- billion short of $1 trillion—on this ill- search at the National Institutes of heimer’s. It is dementia associated ness, and this may be just two-thirds of Health, $2,014; cancer research, $5.4 bil- with Alzheimer’s. It is a devastating the total cost. Well over $1.2 trillion lion on cancer research. illness. will be spent in about 35 years on this Enough? Probably not. We probably It is one that robs individuals of illness. could and should spend more on cancer their mental abilities. It robs them of Do you want to bust the budget? Do research. Should we do so, I would sus- their memories of their families, of you want to see the deficits of America pect that we would see even more suc- their work, of their lives. It confuses soar almost uncontrollably? Then look cess in treating cancer in its earliest and muddles their thoughts, and even- to Alzheimer’s and dementia and the stages. tually, it will destroy that individual, effect that they will have on the Fed- HIV/AIDS, nearly $3 billion on HIV/ so tonight, we talk about Alzheimer’s. eral budget deficit. Pay attention to AIDS—have we solved the problem? No, Is there anyone out there, any fam- these numbers because these numbers but we have certainly figured out how ily, any individual, who hasn’t seen are the story of the American Federal people can live with HIV/AIDS, and we are probably going to see a vaccine this illness? I think we all have. budget and of the personal budgets of sometime in the near future. This is Let’s get into it in some detail. A lit- families across this Nation—Alz- what we are currently spending—near- tle later, as my colleagues join us, we heimer’s and dementia, $880 billion of ly $3 billion—on HIV/AIDS. will continue the discussion and talk Medicare and Medicaid money by 2050. Cardiovascular issues—stroke, heart about what we can do—your Represent- There is another way of looking at it. attacks, other kinds of cardiovascular atives. There are 535 of us—435 here in It is a different graph but the same illnesses—just around $2 billion or the House of Representatives from story. The already high cost of Alz- slightly more is spent on that. every part of this Nation and from heimer’s will skyrocket as the baby The most expensive, the most preva- every walk of life and from every com- boom moves through the population. lent of all of the illnesses is Alz- munity, and there are the 100 Senators There it is: the same numbers, the heimer’s, $566 million. It’s not bil- from every State. Let’s use some of same graph, the same extraordinary lions—not $2 billion, not $3 billion, not these charts to see if we can get a bet- challenge facing America. $5.5 billion—but $566 million. ter fix on what we are actually facing I should also mention that this is not What is the result of all of this? What here in America. just an American issue; this is an issue does it mean when you spend this kind Let’s see. Alzheimer’s is the most ex- for every advanced economy in the of money on research? It really means pensive disease in America. One in five world. If you are able to avoid the something very good happens, that Medicare dollars is currently spent on childhood illnesses—the illnesses that something really, really good happens people with Alzheimer’s, 20 percent of kill so many in the developing world— when you spend money on research. every Medicare dollar. In fact, the then those economies that have ad- With polio research and a polio vac- total cost of Alzheimer’s today—this vanced to the more developed econo- cine, polio is no longer found in the year, 2014—is over $215 billion—a quar- mies face the exact same population United States.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.065 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8268 CONGRESSIONAL RECORD — HOUSE December 2, 2014 Let’s look at these major illnesses. California-Davis, down at UCLA and in year on Alzheimer’s disease. Good. What does it mean? What does it mean other research institutions around this There is no question about it. But it is when we spend money on cancer re- Nation, we are learning how the brain not good enough. It is not good enough search? Let’s take a look here at functions. We are learning about the in comparison to what we are spending deaths from major diseases and the diseases of the brain. And if we were to on cardiovascular disease, on HIV/ change in the number of deaths from invest this year an additional $200 mil- AIDS, or on cancer—$5 billion, $5.5 bil- 2000 to 2012: breast cancer down 2 per- lion, we would see a flourishing of lion on cancer research. cent, prostate cancer down 8 percent. knowledge. And maybe, maybe in one But let’s talk about the big elephant What happens when you spend $5.5 of those research institutes, they in the room. I mean, we already know billion a year on cancer research? Can- would find the key to solving the Alz- that we are not spending nearly as cer deaths fall—success. On heart dis- heimer’s puzzle. And if they were to do much money on Alzheimer’s research ease—cardiovascular illnesses—we so, we would see a profound reversal in as we are on other conditions and we spend about $2 billion a year, and we these numbers; and this blue dramatic need to pump that up, but let’s talk see heart disease dropping by some 16 increase of 68 percent more deaths from about the elephant in the room. The percent. That is deaths from heart dis- Alzheimer’s over the last decade, we elephant in the room is not the Repub- ease dropping by 16 percent and stroke would see that reverse, and hopefully lican elephant. It is the elephant on dropping by 28 percent. we would see it go down. the issue of Alzheimer’s. Why is it so important for you and b 1730 I would like to continue our discussion here with my colleagues. I have me and every American to be con- So what is the use of research? Well, noticed that my colleague from Cali- cerned about Alzheimer’s research? Be- if you want to live, it is a pretty good fornia, JACKIE SPEIER, representing the cause it is going to choke us finan- thing to spend money on, particularly Peninsula, has arrived. cially in a very short period of time. if you are thinking about getting can- I think your district comes very We are now spending about $214 billion cer or any of the cardiovascular ill- close to that great research institu- a year on the cost of health care. Now, nesses: heart disease, stroke, heart at- tion, the University of California-San that is $150 billion in costs for Medi- tacks and the like. Francisco. I am not sure if it is in your care, and then another $37 billion in HIV/AIDS, do you remember that district, but I know it is on the border costs for Medicaid. So it is costing us a lot of money number? HIV/AIDS, nearly $3 billion of your district, if not in your district. today, but the real choker is how much was spent on HIV/AIDS, and deaths Ms. SPEIER, if you would join us to from HIV/AIDS are down 42 percent in talk about this issue, I know it has it is going to cost us in 2050. In 2050, it the United States. been on your mind and in your heart. is going to cost us over $1.2 trillion. So we owe it to our families, we owe it to So what does it mean when you spend You have been a leader in California our constituents; we owe it to the money on research? It means really and back here in Washington on this American people, we owe it to the good things for Americans, and around issue. So thank you so very much for Medicare system and the Medicaid sys- the world a similar result. You spend joining us in our discussion about the tem to find a cure or find a way to that money on the research dealing most prevalent and the most expensive early detection and then to slow the with these major illnesses, and you will of all diseases in America. process of this particular disease. see the death rates drop all across this Ms. SPEIER. I thank the gentleman Nation. Now, in my county, we have about from California. 15,000 people living with Alzheimer’s HIV/AIDS is down by 42 percent, You are right. For more than 25 right now and more than 45,000 care- spending $3 billion a year; cardio- years, I have actually represented vascular, $2 billion a year. givers. Nationally, in 2012, 15.5 million UCSF in the State legislature and then caregivers provided an estimated 17 bil- And this purple line over here, what here in Congress, except as a result of happens when you spend $566 million a lion hours of unpaid care, valued at reapportionment in the last 2 years. So $220 billion, which brings me to my year on research for Alzheimer’s? Alz- I no longer technically represent the heimer’s deaths from 2000 to 2010 were next point, and it is about women. institution. This issue is a women’s health issue. up, increased by 68 percent. There is a Mr. GARAMENDI. Well, I get to rep- Now, it is true that women—60 percent story here. There is a lesson here. resent the University of California- of Alzheimer’s and dementia caregivers There is something that 535 of your Davis, and it is in my district, al- are women. They are often unpaid in Representatives, the American people’s though the hospital and the research providing those services. But nation- Representatives, should be paying at- center are not. So I guess we share the ally, a woman in her sixties has an es- tention to; and that is, if we want to same sadness. timated lifetime risk for developing deal with the most devastating, the Ms. SPEIER. Yes, and the same real Alzheimer’s of something like 1 in 6. most expensive, and, increasingly, the joy in knowing that there is extraor- For breast cancer, what we have been most common illness in America—the dinary research going on at both of so focused on, it is 1 in 11. one that always will lead to death, the those institutions. Here is the most stunning figure of one for which there is no cure pres- I thank the gentleman for drawing all. Two-thirds of the 5 million seniors ently, the one for which there is not such laser focus on the issue of Alz- with Alzheimer’s disease in this coun- the kind of support needed for those heimer’s disease and why it is, in fact, try are women. Two-thirds are women. people that suffer from Alzheimer’s— the number one most prevalent disease So this is, indeed, a women’s health then and we had better start talking in this country. issue and one that we have to take about solutions. Research is a part of I brought down this Alzheimer’s As- very seriously. it. sociation sash that many of us wore So with that, Mr. GARAMENDI, I know How much do we think could be spent when our constituents came into town, you have other participants in this, this year in the appropriation bills pleading with us to do more about Alz- and I thank you for yielding. that are now coming before us? What if heimer’s research. Many of us took pic- Mr. GARAMENDI. Thank you very we were to add $200 million, about a 40 tures with them and said, yes, we are much, Ms. SPEIER. I really appreciate percent increase? What would it mean? very supportive, but it is really time you bringing the women’s issue to this. It means that we will probably, over for us to put our money where our The last 3 years of my mother-in- the next couple of years, begin to see mouth is. It is not good enough to wear law’s life were spent in our home as she profound knowledge about the human a purple sash and say that you are sup- went through the process of Alz- brain, about how it functions, about portive of Alzheimer’s research when, heimer’s. And it is, indeed, a women’s the diseases of the human brain, and in fact, what we are spending in terms issue. Two-thirds, as you say, are about how we can attack Alzheimer’s. of Alzheimer’s research is so much less women. And we experienced that. For- I don’t expect it to be done in 2 years, than it is with every other disease. tunately, for us, it worked out very but I know that out there, in the mind As you were pointing out with your well for us and our family. institutions at the University of Cali- chart—I have a very similar chart as But we are not unique, and while our fornia-San Francisco, University of well—we are spending $566 million a experience was sad but good in some

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.066 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8269 ways, that is not always the case. This I want to talk just for a minute Mr. GARAMENDI. Sure. is a huge, huge burden. Not only are about how this affects families—and Mr. FATTAH. I met just a few days the women the ones who suffer, but the then I will yield—not about the science ago with Henry Markram with the Eu- women are often the ones who care for of it. There are significant scientific ropean Human Brain Project, where those who have it. hurdles, with over 100 billion neurons, the EU has put now a billion-and-a-half So I thank you so much. tens of trillions of connections. We do euros on the table to help with the I notice my friends from the east not now know how the brains of human mapping of the brain. One of the things coast have joined us. We often do an beings work, but we don’t have a good that we talked about and what is clear east-west thing here. My two friends understanding yet of how the brains of is that we have to bring these global ef- are debating who is going to go first. much smaller insects or animals actu- forts together and connect them. This Mr. FATTAH, why don’t you go first, ally function. This is a great scientific is not about one researcher somewhere and we will go from there. challenge. I think it is the most impor- discovering the solution to this. This is Mr. FATTAH. Thank you. I appre- tant frontier for all of science to focus going to take a combined effort, and we ciate that. on, and that is why I am so dedicated have to have a certain urgency about We were together just recently in to it. it, and we have to demand that it be your district at the Staglin Scientific When it comes to families—and I done now. Thank you. Symposium, focusing on some of the heard you speak about your own—this Mr. GARAMENDI. Well, thank you so challenges related to diseases and dis- is something that has a tremendous very, very much. I am going to turn to orders of the human brain. This issue impact. And dementia is something my colleague from our normal East- that you raise on the floor tonight is that, as people are healthier, their bod- West dialogue here that we have done the most dominant challenge that we ies are healthier, their brains are de- so many days, so many times over the face in terms of a degenerative brain generating. We are going to face more last few years. disease. and more of this. Mr. TONKO, thank you so very much It is not by accident that Prime Min- We had a former Speaker of the for joining us once again as we talk ister David Cameron, when leading the House, Newt Gingrich, talk about, if we this time about—we usually talk about G7, said that dementia was the world’s could just reverse for a few years the jobs and the economy and how we can global challenge. It is not by accident onset of Alzheimer’s, it could save our build it, but this time we are talking that here in our own country we have country trillions of dollars. But put the about Alzheimer’s, so please. created, through the great work of dollars aside. What this is really about Mr. TONKO. Well, thank you, Rep- Members like yourselves and others, a is valuing families and understanding resentative GARAMENDI, for leading us major focus now on Alzheimer’s as one that as much as science is something in a very important discussion during of the brand-name dementias that has that we all take a great interest in, this Special Order. There is no denying affected millions of Americans and will that what should focus us is to make that all of us, Members of the House affect millions going forward. sure that our scientific endeavors are and beyond, if you are to ask individ- I have led an effort in the appropria- focused on how to improve the life uals out there across this country if tions process focusing on the human chances of the people who we rep- Alzheimer’s or dementia issues have brain, both mapping the brain and resent. impacted their family, the immediate challenging and chasing cures and response is absolutely. treatments for diseases. This neuro- b 1745 I think all of us have been touched by science initiative, Fattah Neuroscience So the World Health Organization those devastating impacts, those out- Initiative, has been focused on the fact says there are a billion people world- comes that befell our loved ones, and that these 600-plus diseases of the brain wide, NIH says 50-plus million Ameri- the ripple effect onto that circle of affect over 50 million Americans; but cans suffering from brain illnesses. We family and friends. It is devastating. there is none more costly than Alz- know that you have your finger on the You in a sense lose that individual, and heimer’s, none that are affecting more pulse, Mr. Speaker, and I thank you for it is a very painful process certainly families than Alzheimer’s. And it is so conducting this Special Order. for those individuals living with Alz- important. I know that so many members want heimer’s and dementia, and for their We just had an incident the other day to participate, I am going to now yield immediate families and loved ones and of a very prominent restaurant owner back my time, but you can count on us caregivers who watch as they painfully here in Washington who was said to as we go forward to continue to work travel the journey with those individ- have gone missing in New York City with you and to work with the pharma- uals. So I think for us to take that because she is suffering from this dis- ceutical industry and to work with our human element, that impact and that ease. academic enterprises, and we are going dynamic, and put it into working I was happy to be at the launch of the to have even more success going for- order, we would be well served to ac- Give To Cure effort, which is an effort ward not just in finding treatment but knowledge that Alzheimer’s is the to build support so that the ‘‘valley of we have to put as our goal finding a most expensive disease in America. It death,’’ as it is called, in terms of cure. So thank you. is driving bankruptcy if it goes major research that needs to go for- Mr. GARAMENDI. Thank you so very unaddressed. And when one in every ward to clinical trials, working with much, Mr. FATTAH, and thank you for five Medicare dollars is spent on a per- my good friend Rafi Gidron from the your role on the Appropriations Com- son with Alzheimer’s or dementia, the Israel Brain Technologies and so many mittee trying to move the money into warning signals should be out there for others. this research so that we can address sounder budgeting, to put our focus on This morning I met with the new this. You mentioned the Staglins out a cure, on research, on developing president of Cal Tech and talked about in California and their project, which is those opportunities that will bend the the efforts there at a great university the One Mind project, our former col- cost curve, so to speak, that will en- in your State, and they received well league Mr. Kennedy involved in that able us to address with dignity and over 10 percent of the initial awards in project, trying to pull together the re- common sense and economic sustain- the BRAIN Initiative from NIH because search from around the world and here ability the issues of Alzheimer’s and of the leading research. I have been— in the United States specifically, so dementia. and some of the people think I may that there is a sharing of knowledge The impact upon our culture is so have some designs on retiring to Cali- back and forth from these various re- much so the economic drain is at about fornia. I have spent some time there search centers, so that the synergy $214 billion in 2014. That is an immense now with Stanley Prusiner, who is a would come from the knowledge that economic toll that is placed upon budg- Nobel laureate in neurology. He was may exist at Cal Tech or New York, ets, be they Medicare, Medicaid, local the first one working with people like which we will undoubtedly hear about budgets, or not-for-profits that make it Virginia Lee and John Trojanowski to in a few moments, or in your country their goal to best serve individuals, es- begin to really understand the early out in Pennsylvania. pecially in their elderly years, and to formation of this disease and how it af- Mr. FATTAH. If the gentleman would be able to assist in that effort by ad- fects people. yield for just a second. vancing the efforts of the study of the

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.068 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8270 CONGRESSIONAL RECORD — HOUSE December 2, 2014 brain that have been initiated by this professional capacity in harnessing the that is where the research comes into President, by President Obama and his resources that are required. focus and into play. We can do this. administration, is a very, very worthy We grow, we cultivate an intellectual There is another angle to this. I was investment. capacity in this country of which we going to take this up with Mr. FATTAH It will tell us much about several dis- are very proud, and one that should when he was here. He was talking eases out there and allow us to again serve us abundantly well, and it is im- about other agencies and other govern- approach an issue with dignity and portant to have our hearts and souls ments that are involved in dealing with facts at our fingertips that will then measure that opportunity, to put to- this. About a month ago I had the op- provide for the best prioritization of gether the best blueprint for addressing portunity to spend about an hour with how to respond to those issues. this crisis. Let’s move forward with a the new Secretary of Veterans Affairs, Now, much has been said about re- sound, resounding commitment of sup- Mr. McDonald, and we were talking search here tonight, and rightfully so. port to these individuals and their about the various challenges that the It is very critical that we, you know, caregivers. Department of Veterans Affairs has grow the investment on research. I You know, when we look at the sta- dealing with all of the veterans, and it have participated in our annual town tistics out there, one in nine over the wasn’t long before the conversation halls that are called for in the National age of 65 is impacted by Alzheimer’s, turned to traumatic brain injury and Alzheimer’s Project Act, and that Na- one in three in age category 85-plus. PTSD, post-traumatic stress syndrome, tional Alzheimer’s Project Act requires And guess what? That is the fastest- both of which are illnesses or problems that we gather together to understand growing age demographic in our coun- of the human brain. how well the services are coming to- try. So in order to plan and plan well We were discussing how the Depart- gether, what the needs are, and how we for the onslaught of baby boomers who ment of Veterans Affairs is dealing plan appropriately for ongoing budgets. will enter into these given demo- with this. It turns out that they also There you receive, all of us, the very graphics, we need to make commit- have a research budget, and we know disturbing testimony that reaches us, ments, and we need to again bend that that he was unaware of some of the re- impacts our thinking, and certainly cost curve by investing now in research that was going on both at the speaks to our hearts and souls about search, preventative therapies, and cer- NIH and what Mr. FATTAH talked what we need to do, painful journeys tainly study of the brain, efforts that about, the One Mind program that our that individuals have made. I can viv- are promoted by the President and the former colleague Mr. Kennedy is in- idly recall a high school friend men- administration to make certain that volved in in pulling together the re- tioning that her husband no longer we can move forward effectively and search that is available around the knew her name but knew her voice. compassionately and allow for the best world, bringing that research together These are painful bits of testimony to choices to be made. so that the synthesis of it could be a absorb, and they motivate us. They So I thank you for leading us in this much more rapid solution to the prob- ought to motivate us and challenge us very important discussion, Representa- lems that Mr. McDonald faces in the to move more quickly in this effort to tive GARAMENDI, and I am convinced Veterans Administration dealing with fund research and find a cure and find that with the facts at our fingertips post-traumatic stress illnesses as well better treatments. and with the elements of compassion as traumatic brain injury. The efforts that I think are impor- and dignity that should respond to the So all of these things come together, tant here that follow the National Alz- Alzheimer’s community, we can get and in dealing with it, ultimately we heimer’s Project Act is to put together these important measures achieved. carry a heavy burden of responsibility a more clinical response, and I think Mr. GARAMENDI. Mr. TONKO, thank here in Congress. Mr. TONKO. Absolutely. You talked the Alzheimer’s Accountability Act, you so very much for your bringing to too about the caregivers, and it is theo- which I have cosponsored, allows for us the information about actions that rized that nearly 60 percent of those H.R. 4351 to respond to the Alzheimer’s have already been taken. The Alz- caregivers who respond to Alzheimer’s planning in a way that clinicians and heimer’s plan that you discussed lays patients and those living with demen- those directly involved in the service out a process by which the National In- tia are impacted with tremendous emo- delivery system to the Alzheimer’s stitutes of Health will develop a pro- tional stress, and they rate that as community, they will advise what gram of research, bring it directly to high or very high. And then of that 60 those budgeted amounts should look Congress so that we can then analyze it percent of caregivers, literally one- like in an annual effort from here to and hopefully fund that research. It is third is suffering from some order of the threshold year of 2025. That is an the pragmatic way of dealing with it. depression. So the impacts here con- absolute essential. As you said, it is based upon a studied tinue to sprawl and cause greater ex- I applaud our efforts here in the step-by-step process to get to the solu- penditure for those who are doing their House with Representative GUTHRIE tion of Alzheimer’s. good deed, responding to the needs of and others—as I said, I am a cospon- There is also other legislation. Our loved ones or friends or the patient sor—looking to make certain that we former colleague, now Senator MAR- population out there, and then they are have a much more accountable, logis- KEY, put together a bill that is called impacted by this order of depression. tic, well-planned, and professional- the HOPE Act, and that is one that driven estimate that will move us for- would require that Medicare take spe- b 1800 ward with each and every budget year cific account of Alzheimer’s, and that It is assumed that has added addi- to respond to this crisis in America, in the Medicare program, there be a tional cost to the system of our health and it indeed is at crisis proportion. method for Medicare to fund early di- care drain, and that is at $9.3 billion. So Representative GARAMENDI, these agnosis of Alzheimer’s and then the That estimate goes over the year of are efforts that I think need to be early treatment. As was said by one of 2013, so it is very easy to begin to do made. The commitment that starts our colleagues earlier, a delay of a cou- the calculus here on the cost of status with the human element, the compas- ple of years or 3 or 4 years in the onset quo, of not responding in deep measure sion that needs to be expressed on be- of serious Alzheimer’s is extraor- or in wise capacity, so as to put to- half of the people of this country via dinarily beneficial to the individual gether the sort of research that we re- this House, via Congress, both Houses and to the family, and, in a larger con- quire and the respite relief programs speaking to a legitimate request that text, to the budget of the individual that are essential. authorizes the investment in research, family, their insurance company, as Having talked to a number of care- that puts together a plan that is run by well as the Federal government givers during my tenure here, now clos- clinicians that advise the United through Medicare and Medicaid. ing out my third term, but before that States Government as to how to best So that program also speaks to the in the State Assembly of New York, I respond, what those levels, those caregiving that is necessary and Medi- would routinely hear from folks who thresholds should be from now to the care picking this up. It is clearly going would deal with these situations, these benchmark year of 2025, and to make to be the illness that will bust the family issues in ways that they never certain that we do it all within our bank unless we can get ahead of it, and imagined would be possible.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.069 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8271 I know of some spouses that indi- Representative GARAMENDI, I thank with a new nuclear weapon or rebuilt cated to me that, while they stayed you for bringing us together on this nuclear weapon, spending $12 billion or home full time being the caregiver, evening of thoughtfulness here con- so on that, or maybe spending it on they eventually sought employment cerning dementia and Alzheimer’s as a Alzheimer’s research? and used every bit of that salary that particular stress. Our work is about choices, Mr. came from that new employment to go Mr. GARAMENDI. Thank you, Mr. TONKO. How are we going to allocate toward the cost of caregivers. Now, TONKO, for joining us in this Special the resources of this Nation? My sug- they did that in order to save a rela- Order hour. Working with you has al- gestion is we go where every family in tionship. ways been a pleasure. I think this sub- America will be affected, every family, It was a tremendous emotional drain ject is one that you and I and our col- either directly as my family has been on their relationship because it is not leagues will want to take up as the directly impacted by this. My mother- easy serving as a caregiver. Individuals days go forward. in-law lived with us the last 3 years of have told me, as spouses, that they In the spring, the 2015 Alzheimer’s her life, dying at the age of 92; yes, we have gone out and sought full-time em- Day will occur once again here in were affected. ployment and again passed over that Washington, DC. There will be thou- We know the genetic issues. My salary to the respite person. sands of people coming to Congress, grandchildren are looking out there That is the sort of painful pressure knocking on our doors, grabbing our and saying, ‘‘This is a genetic thing, under which individuals and couples— lapels, and asking us to pay attention Papa. What about me?’’ So that worry families—are living. It is a very dif- to this illness. carries through our family, and I sus- ficult assignment many have chosen to I want to review some of the costs, pect it carries through every family in keep their loved one at home. and then basically wrap this up. You America, either directly or indirectly. There are issues of safety, economic talked about home care. There are arti- Let’s make a choice. Let’s make a duress, and certainly our system has to cles that appeared recently in The Sac- choice to attack with research, with respond to that, so the sooner we set ramento Bee about elderly people tak- care, with funding the most expensive, our sights on a cure, on funding that is ing care of each other, a wife taking most common, most deadly illness in adequate and effective for research care of her husband in their 50th year America and in other developed coun- purposes and for developing the respon- of marriage with severe Alzheimer’s, tries: dementia and Alzheimer’s. siveness of the medical teams out the love that is so apparent, but also We can do it. This is not an impos- there, via perhaps pharmaceutical as- the difficulty of an elderly person tak- sible task. This is simply a task of fo- sistance and development there, the ing care of another elderly person. cusing like a laser on this issue, and We can address that. That is what when we do, we will find the same suc- better our economic situation will be the HOPE legislation is all about, cess that we have seen with heart, can- in regard to these struggles. bringing Medicare into this. Here is a chance for Congress to re- cer, and HIV/AIDS—not cured, not The research thing that we talked spond in very magnanimous terms that stopped, but a very significant drop in about earlier, I am going to put up will allow us to state cumulatively the deaths associated with those ill- very, very quickly a couple of charts. nesses. that we get it, that we are there in This one, what is going to happen to Mr. TONKO, I have completed my order of compassion, that we under- the Federal budget if we do not address statements tonight. I think you have stand it is about a dignity factor, it is Alzheimer’s, it is $122 billion today; in another comment. about quality of life, and it is about 35 years or 40 years, we are going to Mr. TONKO. I would just like to at- providing hope to situations that may look at over $800 billion, and that tach my comments to those you have be rendered hopeless. doesn’t include the private sector. It is just closed your statement by. Isn’t that the best element of work going to be $1.2 trillion spent on this, This bankruptcy that is driven by that we can do here to bridge that so we are going to bust the budget. If certain catastrophic situations with order of hope to those who have been so you are a deficit hawk, you should be health care costs are impacting far too stressed and who have been given a paying attention to this. many families, and this order of work walk in life, a journey that is power- What do we need to address it? Well, here in the Congress is about fully painful? we certainly need care for the care- prioritizations. We have spent trillions I just appreciate the fact that we are givers. We have talked about that. We on war, and we have really diminished utilizing these opportunities, such as also need research. The plan that was the investment in domestic program- this Special Order, to bring to the at- in the earlier legislation laying out the ming, including health care. tention of those concerned with these Alzheimer’s plan called for an addi- We come up with all sorts of efforts issues to a laser-sharp focus and to tional $200 million this year on top of called sequestration, which is a hidden allow for people to speak out there as the $566 million that we are currently attack on investments in our domestic the general public in support of meas- spending. agenda. We have to be cautious about ures that can be taken, of budget ap- Keep in mind that, for cancer, it is how we are guiding those priorities propriations that can be secured, of op- nearly $5.5 billion; for HIV/AIDS, near- that we are establishing in our budg- portunities that come in securing the ly $3 billion; and cardiovascular ill- eting here in Washington, but if we resources essential to go forward and nesses, just about $2 billion annually were to prioritize based on where the offer the fullest response that we can. spent in research at the National Insti- public demands are, let me suggest, in Again, health care situations are tutes of Health. closing, that I have gone to the Alz- driven by this. There are huge costs if They are very good, it is very impor- heimer’s walk in my district for the we don’t respond to the needs of indi- tant, and not a nickel should be taken past several years, and every year, the viduals living with Alzheimer’s, and away from that, but we should add $200 same statement is made: ‘‘This is the then there is that ripple effect that is million this year as we complete the largest crowd ever assembled.’’ happening all too frequently for the appropriation process right now. It keeps growing. It tells me the con- caregiver community that is also worn People ask, ‘‘Where can we find the sciousness of this country, that we thin because of this assignment, be- money?’’ Well, let’s see. We just said want something done for this dreadful cause of this mission that they em- we are going to spend $5.6 billion in disease, doing something that will cure brace. Syria and Iraq—new money. I know individuals who are walking and living It is honorable that they do these that my work on the Armed Services with Alzheimer’s and dementia. things, but we also have to work the Committee—I am on the Strategic The people have asked for this by system here on the Hill in Washington, Forces Subcommittee. We are talking their participation in local fundraising to respond to them with a degree of about more than $12 billion over the events. Is that the way that we respond reverence and common sense and fully next 6–7 years rebuilding a nuclear to a crisis, by hoping we have good acknowledge that there are efforts that bomb that nobody knows what to do weather on the walk day, that we reach can be made here that bend that cost with. our intended goal that given year, as curve and speak to the situations at Maybe there are choices that we can people are strapped with expenses of hand in the most effective manner. make. Would America be better off caregiving and medications?

VerDate Sep 11 2014 04:09 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.071 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8272 CONGRESSIONAL RECORD — HOUSE December 2, 2014 There is a better way to complement Wednesday, December 3, 2014, at 10 a.m. for printing and reference to the proper that, to lead the effort here in Wash- for morning-hour debate. calendar, as follows: ington with the research, with the cure f Mr. HENSARLING: Committee on Finan- that can be found, with the advance- cial Services. H.R. 3240. A bill to instruct the EXECUTIVE COMMUNICATIONS, ments in the pharmaceutical industry Comptroller General of the United States to ETC. to be able to extend life and enhance study the impact of Regulation D, and for life and the quality of life. That is Under clause 2 of rule XIV, executive other purposes (Rept. 113–640). Referred to communications were taken from the the Committee of the Whole House on the what I think is so powerful about the state of the Union. opportunity we have here. Speaker’s table and referred as follows: Mr. HENSARLING: Committee on Finan- I believe we can be those agents of 8124. A letter from the Assistant to the cial Services. H.R. 4200. A bill to amend the hope. I do believe firmly that the pri- Board, Board of Governors of the Federal Re- Investment Advisers Act of 1940 to prevent serve System, transmitting the Board’s final duplicative regulation of advisers of small ority here is to address this crisis that rule — Financial Market Utilities [Regula- is devastating our American families business investment companies (Rept. 113– tion HH; Docket No.: R-1477] (RIN: 7100-AE09) 641). Referred to the Committee of the Whole and our economy. Let’s go forward and received November 21, 2014, pursuant to 5 House on the state of the Union. be those agents of hope. Let’s provide U.S.C. 801(a)(1)(A); to the Committee on Fi- Mr. HENSARLING: Committee on Finan- for a better tomorrow, and let’s show nancial Services. cial Services. H.R. 4569. A bill to require the people that there is a compassion that 8125. A letter from the General Counsel, Securities and Exchange Commission to National Credit Union Administration, make certain improvements to form 10–K accompanies the efforts here in Wash- transmitting the Administration’s final rule ington. and regulation S–K, and for other purposes; — Federal Credit Union Ownership of Fixed with an amendment (Rept. 113–642). Referred Representative GARAMENDI, thank Assets (RIN: 3133-AE05) received November to the Committee of the Whole House on the you for bringing us together on an im- 24, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to state of the Union. portant discussion that needs to be fol- the Committee on Financial Services. Mr. SESSIONS: Committee on Rules. lowed up with resources and public pol- 8126. A letter from the Federal Co-Chair, House Resolution 766. Resolution providing Appalachian Regional Commission, trans- for consideration of the bill (H.R. 5771) to icy and certainly prioritization that mitting the Commission’s semiannual report amend the Internal Revenue Code of 1986 to brings us to the threshold of respon- from the Office of Inspector General for the extend certain expiring provisions and make siveness that is so needed and so de- period April 1, 2014 through September 30, technical corrections, and for other pur- 2014; to the Committee on Oversight and served and is so correct. poses, and providing for consideration of the Mr. GARAMENDI. I thank you very Government Reform. 8127. A letter from the Secretary, Depart- bill (H.R. 647) to amend the Internal Revenue much, Mr. TONKO, for joining us to- ment of Health and Human Services, trans- Code of 1986 to provide for the tax treatment night. I also thank my colleagues, Mr. mitting the semiannual report on the activi- of ABLE accounts established under State FATTAH from Pennsylvania and Ms. ties of the Office of Inspector General for the programs for the care of family members SPEIER from California, for joining us period ending September 30, 2014; to the with disabilities, and for other purposes on this important subject. Committee on Oversight and Government (Rept. 113–643). Referred to the House Cal- Reform. endar. Mr. Speaker, I yield back the balance Mr. BRADY of Texas: Joint Economic of my time. 8128. A letter from the Chairman, Occupa- tional Safety and Health Review Commis- Committee. Report of the Joint Economic f sion, transmitting the Commission’s Per- Committee on the 2014 Economic Report of formance and Accountability Report for Fis- the President (Rept. 113–644). Referred to the MESSAGE FROM THE SENATE cal Year 2014; to the Committee on Oversight Committee of the Whole House on the state A message from the Senate by Ms. and Government Reform. of the Union. Curtis, one of its clerks, announced 8129. A letter from the Director, Congres- f that the Senate has passed without sional Affairs, Federal Election Commission, transmitting the Commission’s Fiscal Year PUBLIC BILLS AND RESOLUTIONS amendment a bill of the House of the 2014 Agency Financial Report; to the Com- Under clause 2 of rule XII, public following title: mittee on House Administration. 8130. A letter from the Trade Representa- bills and resolutions of the following H.R. 5069. An act to amend the Migratory titles were introduced and severally re- Bird Hunting and Conservation Stamp Act to tive, Executive Office of the President, increase in the price of Migratory Bird Hunt- transmitting a letter regarding a new trade ferred, as follows: ing and Conservation Stamps to fund the ac- agreement in the World Trade Organization By Mr. BENTIVOLIO (for himself, Mr. quisition of conservation easements for mi- aimed at eliminating tariffs on a wide range BROUN of Georgia, and Mr. STOCK- gratory birds, and for other purposes. of environmental goods; to the Committee MAN): on Ways and Means. H.R. 5779. A bill to amend the Internal Rev- The message also announced that the 8131. A letter from the Chief, Publications enue Code of 1986 to provide a deduction for Senate has passed a bill of the fol- and Regulations, Internal Revenue Service, elementary and secondary private school tui- lowing title in which the concurrence transmitting the Service’s final rule — tion, and for other purposes; to the Com- of the House is requested: Qualified Transportation Fringe (Rev. Rul. mittee on Ways and Means. 2014-32) received November 25, 2014, pursuant S. 1000. An act to require the Director of By Mr. BRADY of Texas (for himself, to 5 U.S.C. 801(a)(1)(A); to the Committee on the Office of Management and Budget to pre- Mr. MCDERMOTT, Mr. CAMP, Mr. Ways and Means. LEVIN, Mr. RANGEL, Mr. LEWIS, Mr. pare a crosscut budget for restoration activi- 8132. A letter from the Chief, Publications SAM JOHNSON of Texas, Mr. BLU- ties in the Chesapeake Bay watershed, and and Regulations, Internal Revenue Service, MENAUER, Mr. PASCRELL, Mr. GER- for other purposes. transmitting the Service’s final rule — LACH, Mr. BOUSTANY, Mr. BUCHANAN, f Treatment of Certain Amounts Paid to Sec- Mr. ROSKAM, Mr. REED, Mrs. BLACK, tion 170(c) Organizations under Certain Em- Mr. GRIFFIN of Arkansas, Mr. KELLY LEAVE OF ABSENCE ployer Leave-Based Donation Programs to of Pennsylvania, Mr. RENACCI, and Aid Victims of the Ebola Virus Disease By unanimous consent, leave of ab- Mr. VAN HOLLEN): sence was granted to: (EVD) Outbreak in Guinea, Liberia, and Si- H.R. 5780. A bill to amend title XVIII of the erra Leone [Notice 2014-68] received Novem- Mr. ADERHOLT (at the request of Mr. Social Security Act to improve the integrity ber 25, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); MCCARTHY of California) for today on of the Medicare program, and for other pur- to the Committee on Ways and Means. poses; to the Committee on Ways and Means, account of a family illness. 8133. A letter from the Chief, Publications and in addition to the Committee on Energy Mr. DOYLE (at the request of Ms. and Regulations, Internal Revenue Service, and Commerce, for a period to be subse- transmitting the Service’s final rule — Sal- PELOSI) for today on account of family quently determined by the Speaker, in each vage Discount Factors and Payment Pat- medical issues. case for consideration of such provisions as terns for 2014 (Rev. Proc. 2014-60) received fall within the jurisdiction of the committee f November 25, 2014, pursuant to 5 U.S.C. concerned. ADJOURNMENT 801(a)(1)(A); to the Committee on Ways and Means. By Mr. VALADAO (for himself, Mr. Mr. GARAMENDI. Mr. Speaker, I NUNES, Mr. MCCARTHY of California, f move that the House do now adjourn. Mr. MCCLINTOCK, Mr. CALVERT, Mr. The motion was agreed to; accord- REPORTS OF COMMITTEES ON LAMALFA, and Mr. COSTA): PUBLIC BILLS AND RESOLUTIIONS H.R. 5781. A bill to provide short-term ingly (at 6 o’clock and 12 minutes water supplies to drought-stricken Cali- p.m.), under its previous order, the Under clause 2 of rule XIII, reports of fornia; to the Committee on Natural Re- House adjourned until tomorrow, committees were delivered to the Clerk sources.

VerDate Sep 11 2014 04:22 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K02DE7.072 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 2, 2014 CONGRESSIONAL RECORD — HOUSE H8273

By Ms. KAPTUR (for herself, Mr. Congress has the power to enact this legis- H.R. 5589: Mr. WALZ, Mr. HIGGINS, and Mr. FRELINGHUYSEN, Mr. GERLACH, Mr. lation pursuant to the following: KING of New York. LEVIN, Mr. QUIGLEY, Mr. STOCKMAN, The constitutional authority on which this H.R. 5620: Mr. SIMPSON. Mr. CONNOLLY, Mr. PASCRELL, Mr. bill rests is the power of Congress to make H.R. 5644: Mr. KING of New York. ENGEL, Mr. KEATING, and Mr. rules for the government and regulation of H.R. 5646: Mr. HECK of Washington. MORAN): the land and naval forces, as enumerated in H.R. 5650: Mr. RYAN of Ohio. H.R. 5782. A bill to impose sanctions with Article I, Section 8, Clause 14 of the United H.R. 5655: Ms. DELBENE and Mr. CLEAVER. respect to the Russian Federation, to provide States Constitution. H.R. 5658: Mr. WALBERG, Mr. RIBBLE, and additional assistance to Ukraine, and for By Mr. VALADAO: Mr. PETRI. other purposes; to the Committee on Foreign H.R. 5781. H.R. 5675: Mr. JOYCE, Ms. ESTY, Mr. RYAN Affairs, and in addition to the Committees Congress has the power to enact this legis- of Ohio, Mr. YOUNG of Alaska, and Mrs. on Financial Services, Oversight and Govern- lation pursuant to the following: BUSTOS. ment Reform, and the Judiciary, for a period Article I, section 8, clause 18 H.R. 5696: Mr. WALZ and Mr. ROHRABACHER. to be subsequently determined by the Speak- By Ms. KAPTUR: H.R. 5697: Mr. KEATING, Mr. OLSON, and Mr. er, in each case for consideration of such pro- H.R. 5782. TIBERI. visions as fall within the jurisdiction of the Congress has the power to enact this legis- H.R. 5706: Mr. SERRANO, Mr. HIMES, and Ms. committee concerned. lation pursuant to the following: CHU. By Mr. FOSTER (for himself, Mr. Art. 1 Sec. 8 H.R. 5735: Ms. JACKSON LEE and Mr. SHER- TAKANO, Mr. RUSH, Mr. HONDA, Mr. MAN. f HINOJOSA, Mr. LANGEVIN, Mr. H.R. 5739: Mr. YOUNG of Indiana and Mr. ENYART, Mr. CICILLINE, Mr. RYAN of ADDITIONAL SPONSORS BRADY of Texas. Ohio, and Mr. CA´ RDENAS): H.R. 5759: Mr. BYRNE, Mr. MCCLINTOCK, Mr. H. Res. 767. A resolution expressing support Under clause 7 of rule XII, sponsors DUNCAN of Tennessee, Mr. JOLLY, Mr. for designation of December 3, 2014, as the were added to public bills and resolu- PITTENGER, Mr. NUGENT, Mr. ROGERS of Ken- ‘‘National Day of 3D Printing’’; to the Com- tions, as follows: tucky, and Mrs. WAGNER. mittee on Energy and Commerce. H.R. 411: Ms. DELBENE. H.R. 5765: Mr. COLE and Mr. RUIZ. By Ms. HAHN: H.R. 5768: Mr. OLSON, Mr. SCHWEIKERT, and H. Res. 768. A resolution recognizing that H.R. 1150: Mr. RUIZ. Ms. JENKINS. Monsignor Diomartich through his passion H.R. 1351: Ms. KELLY of Illinois. H. Con. Res. 114: Mr. LOEBSACK. of spreading the word of God, has inspired H.R. 1518: Mr. FORTENBERRY. H. Res. 190: Ms. EDDIE BERNICE JOHNSON of and guided the residents of Los Angeles and H.R. 2426: Ms. ROYBAL-ALLARD. Texas. has brought unity and pride to the Croatian H.R. 2529: Ms. DEGETTE and Mr. JOHNSON of H. Res. 622: Mr. GIBBS. community; to the Committee on Oversight Georgia. H. Res. 757: Mr. BARLETTA. and Government Reform. H.R. 2780: Mr. THOMPSON of California. H. Res. 761: Mr. BISHOP of Georgia and Mr. By Mr. TERRY: H.R. 2790: Mr. KILMER. H. Res. 769. A resolution expressing the H.R. 2989: Mr. LYNCH. SWALWELL of California. sense of the House of Representatives that H.R. 3116: Mr. STUTZMAN and Mr. PALAZZO. f the healthcare, energy, telecommunications, H.R. 3369: Mrs. DAVIS of California and Mr. and other sectors of the United States econ- BRIDENSTINE. CONGRESSIONAL EARMARKS, LIM- omy should continue their sector-specific ef- H.R. 3424: Mr. THORNBERRY. ITED TAX BENEFITS, OR LIM- forts to protect critical infrastructure, to H.R. 3426: Mr. MCCAUL and Mr. GRIFFIN of ITED TARIFF BENEFITS prevent information security breaches, and Arkansas. to prevent cybersecurity breaches; to the H.R. 3465: Mr. FORBES. Under clause 9 of rule XXI, lists or Committee on Energy and Commerce. H.R. 3505: Mr. PRICE of North Carolina. statements on congressional earmarks, H.R. 3708: Mr. PAULSEN. f limited tax benefits, or limited tariff H.R. 3833: Mr. HECK of Nevada. benefits were submitted as follows: CONSTITUTIONAL AUTHORITY H.R. 3899: Ms. KAPTUR. STATEMENT H.R. 3902: Mr. ISRAEL. OFFERED BY MR. CAMP H.R. 4158: Mrs. WALORSKI. The provisions that warranted a referral to Pursuant to clause 7 of rule XII of H.R. 4215: Mr. LYNCH. the Committee on Ways and Means in H.R. the Rules of the House of Representa- H.R. 4351: Mr. DENHAM. 5771, the Tax Increase Prevention Act of 2014, tives, the following statements are sub- H.R. 4361: Ms. SPEIER. do not contain any congressional earmarks, mitted regarding the specific powers H.R. 4663: Ms. BONAMICI. limited tax benefits, or limited tariff bene- granted to Congress in the Constitu- H.R. 4664: Ms. BONAMICI. fits as defined in clause 9 of rule XXI of the tion to enact the accompanying bill or H.R. 4717: Mr. HECK of Washington. Rules of the U.S. House of Representatives. joint resolution. H.R. 4748: Ms. BONAMICI. OFFERED BY MR. KLINE H.R. 4885: Mr. BLUMENAUER. By Mr. BENTIVOLIO: The provisions in H.R. 5771 that warranted H.R. 4920: Mr. AMODEI. H.R. 5779. a referral to the Committee on Education H.R. 4969: Mr. HUFFMAN. Congress has the power to enact this legis- and the Workforce do not contain any con- H.R. 5136: Mr. CICILLINE, Mr. LEVIN, and lation pursuant to the following: gressional earmarks, limited tax benefits, or Mrs. NAPOLITANO. Article. I. limited tariff benefits as defined in clause 9 H.R. 5241: Mr. SHIMKUS. Section. 8. of rule XXI of the Rules of the House of Rep- H.R. 5364: Mr. LOEBSACK, Ms. PINGREE of The Congress shall have Power To lay and resentatives. collect Taxes, Duties, Imposts and Excises, Maine, Mr. TAKANO, and Ms. CLARKE of New to pay the Debts and provide for the common York. OFFERED BY MR. RYAN OF WISCONSIN Defence and general Welfare of the United H.R. 5478: Mr. NADLER. The provisions that warranted a referral to States; but all Duties, Imposts and Excises H.R. 5491: Mr. HASTINGS of Florida. the Committee on the Budget in H.R. 5771, shall be uniform throughout the United H.R. 5504: Mr. JOYCE. the Tax Increase Prevention Act of 2014, does States; H.R. 5505: Mr. LUETKEMEYER. not contain any congressional earmarks, By Mr. BRADY of Texas: H.R. 5557: Mrs. MILLER of Michigan. limited tax benefits, or limited tariff bene- H.R. 5780. H.R. 5563: Mr. TAKANO. fits as defined in clause 9 of rule XXI.

VerDate Sep 11 2014 02:28 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\L02DE7.100 H02DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, TUESDAY, DECEMBER 2, 2014 No. 145 Senate The Senate met at 10 a.m. and was The Senate will recess from 12:30 p.m. [State Seal Affixed] called to order by the President pro to 2:15 p.m. to allow for the weekly THE STATE OF SOUTH CAROLINA tempore (Mr. LEAHY). caucus meetings. CERTIFICATE OF ELECTION FOR UNEXPIRED f There will be a series of three votes at 4 p.m. on confirmation of the TERM PRAYER Coloretti and Adler nominations and To the President of the Senate of the United States: The Chaplain, Dr. Barry C. Black, of- cloture on the Burrows nomination. This is to certify that on the fourth day of fered the following prayer: I suggest the absence of a quorum. November A.D. 2014, Tim Scott was duly cho- Let us pray. The PRESIDENT pro tempore. The sen by the qualified electors of the State of Eternal Lord God, our shelter in tur- clerk will call the roll. South Carolina a Senator for the unexpired bulent times, as voices throughout the The legislative clerk proceeded to term ending at noon on the third day of Jan- Nation cry out for equal protection call the roll. uary, 2017, to fill the vacancy in the rep- Mr. REID. I ask unanimous consent resentation from said State in the Senate of under the law, use our lawmakers to that the order for the quorum call be the United States caused by the resignation ensure that justice rolls down like rescinded. of Jim DeMint. waters and righteousness like a mighty The VICE PRESIDENT. Without ob- Witness: Her Excellency our governor Nikki R. Haley and our seal hereto affixed at stream. jection, it is so ordered. Thank You for not leaving or for- Columbia, South Carolina, this twenty- saking us, for You continue to be our f fourth day of November in the year of our ever-present help in trouble. We are CERTIFICATES OF ELECTION Lord 2014. NIKKI R. HALEY, Your people and the sheep of Your pas- The VICE PRESIDENT. The Chair Governor. ture. lays before the Senate the certificates MARK HAMMOND, Shepherd of Love, continue to proof election to fill the unexpired terms Secretary of State. vide for our every need from the rich for the States of Hawaii and South [State Seal Affixed] bounties of Your grace. In a special Carolina. The certificates, the Chair is f way bless the lawmakers who will take advised, are in the form suggested by ADMINISTRATION OF OATH OF the oath of office today. the Senate. If there be no objection, OFFICE We pray in Your great Name. Amen. the reading of the certificates will be The VICE PRESIDENT. If the Sen- waived, and they will be printed in full f ators-elect will now present themselves in the RECORD. at the desk, the Chair will administer PLEDGE OF ALLEGIANCE There being no objection, the mate- the oath of office. The President pro tempore led the rial was ordered to be printed in the Mr. SCHATZ and Mr. SCOTT, escorted Pledge of Allegiance, as follows: RECORD as follows: by Mr. BEGICH and Mr. GRAHAM, respec- I pledge allegiance to the Flag of the CERTIFICATE OF ELECTION FOR UNEXPIRED tively, advanced to the desk of the Vice United States of America, and to the Repub- TERM President; the oath prescribed by law lic for which it stands, one nation under God, To the President of the Senate of the United indivisible, with liberty and justice for all. was administered to them by the Vice States: President; and they severally sub- f This is to certify that on the fourth day of November, 2014, Brian Schatz was duly cho- scribed to the oath in the Official Oath RECOGNITION OF THE MAJORITY sen by the qualified electors of the State of Book. LEADER Hawaii a Senator for the unexpired term The VICE PRESIDENT. Congratula- The PRESIDENT pro tempore. The ending at noon on the 3rd day of January, tions, Senators. 2017, to fill the vacancy in the representation (Applause, Senators rising.) majority leader is recognized. from said State in the Senate of the United Mr. REID. I suggest the absence of a f States caused by the death of Daniel K. quorum. Inouye. The PRESIDING OFFICER (Mr. SCHEDULE Witness: His excellency our governor Neil BOOKER). The clerk will call the roll. Mr. REID. Following my remarks Abercrombie, and our seal hereto affixed at The legislative clerk proceeded to Honolulu this 24th day of November, in the and those of the Republican leader, the call the roll. Senate will resume executive session. year of our Lord 2014. By the Governor: Mr. MCCAIN. Mr. President, I ask There will be four rollcall votes at 10:30 NEIL ABERCROMBIE, unanimous consent that the order for a.m. on the confirmation of the Mamet Governor. the quorum call be rescinded. and Bell nominations and cloture on SCOTT T. NAGO, The PRESIDING OFFICER. Without the Coloretti and Adler nominations. Chief Election Officer. objection, it is so ordered.

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

S6239

VerDate Sep 11 2014 04:25 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.000 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6240 CONGRESSIONAL RECORD — SENATE December 2, 2014 Mr. MCCAIN. I ask unanimous con- around the world. The nomination of We’re not dealing with civil society mem- sent that I be allowed to address the Ms. Colleen Bell is probably the most bers but paid political activists who are try- Senate on the pending nominations be- egregious example of that. ing to help foreign interests here. fore the Senate. Hungary is a close ally—in many re- Amazing. Orban, who has fueled em- The PRESIDING OFFICER. Without spects—but there is no doubt that since ployment with public works projects, objection, it is so ordered. taking office in 2010 the Hungarian said he wants to replace welfare soci- eties with a workfare state. But the f Prime Minister, Mr. Viktor Orban, has centralized power, has faced scrutiny main problem is that Mr. Orban is RESERVATION OF LEADER TIME due to actions that critics charge are cozying up to Vladimir Putin. He has The PRESIDING OFFICER. Under inconsistent with democratic prin- now entered into a nuclear deal, and he the previous order, the leadership time ciples and practices. His government is practicing the same kinds of anti- is reserved. has reduced the independence of Hun- democratic practices as what seems to f gary’s courts, pushed through con- be his role model—Vladimir Putin. troversial changes to the constitution, Mr. President, I ask unanimous con- EXECUTIVE SESSION and placed acute restrictions on non- sent that a letter to Mr. REID from the governmental organizations. In other 15 former presidents of the American Foreign Service Association be printed NOMINATION OF NOAH BRYSON words, this is a very important country. This is a very important country in the RECORD. MAMET TO BE AMBASSADOR EX- There being no objection, the mate- TRAORDINARY AND PLENI- where bad things are going on. Ms. Bell’s experiences have been rial was ordered to be printed in the POTENTIARY OF THE UNITED RECORD, as follows: STATES OF AMERICA TO THE largely relegated to producing the tele- MARCH 6, 2014. ARGENTINE REPUBLIC vision soap opera ‘‘The Bold and the Beautiful.’’ Now, I am sure television DEAR SENATOR REID, Among the nominees for ambassadorships currently under consid- viewing is important in Hungary, but eration by the Senate, three have generated NOMINATION OF COLLEEN BRAD- the fact is this nominee is totally un- considerable public controversy: George LEY BELL TO BE AMBASSADOR qualified for this position in this coun- Tsunis (Norway), Colleen Bell (Hungary), and EXTRAORDINARY AND PLENI- try. Noah Mamet (Argentina). The nominations POTENTIARY OF THE UNITED Now, if it were, as I say, some Carib- of Mr. Tsunis and Ms. Bell have been for- STATES OF AMERICA TO HUN- bean country or some other, I would warded to the full Senate by the Senate For- GARY understand that. But here we are in a eign Relations Committee. relationship with a country where, ac- As former presidents of the American For- The PRESIDING OFFICER. Under eign Service Association, the professional as- cording to Bloomberg News, ‘‘Orban the previous order, the Senate will pro- sociation and trade union of career members says he seeks to end liberal democracy ceed to executive session to consider of the Foreign Service, we urge you to op- in Hungary. Hungarian Prime Minister the following nominations, which the pose granting Senate consent to these three Viktor Orban said he wants to abandon candidates. Although we have no reason to clerk will report. liberal democracy in favor of an doubt that the nominees are conscientious The legislative clerk read the nomi- ‘illiberal state,’ citing Russia and Tur- and worthy Americans, the fact that they nations of Noah Bryson Mamet, of Cali- key as examples.’’ appear to have been chosen on the basis of fornia, to be Ambassador Extraor- By the way, we have an excellent their service in raising money for electoral campaigns, with minimal demonstrated dinary and Plenipotentiary of the DCM there in Hungary who has been United States of America to the Argen- qualifications for their posts, has subjected doing a great job. them to widespread public ridicule, not only tine Republic; and Colleen Bradley Ms. Bell has two qualifications. One Bell, of California, to be Ambassador in the U.S. but also abroad. As a result, their is she is a producer of a television soap effectiveness as U.S. representatives in their Extraordinary and Plenipotentiary of opera. She has no experience in foreign host countries would be severely impaired the United States of America to Hun- policy or national security, no famili- from the start. Their nominations also con- gary. arity with the language, country, or vey a disrespectful message, that relations The PRESIDING OFFICER. The Sen- the region, has never been there, and with the host country are not significant ator from Arizona. lacks meaningful knowledge of history enough to demand a chief of mission with BELL NOMINATION relevant expertise. or economics. Her only significant These three nominations represent a con- Mr. MCCAIN. Mr. President, I don’t qualification is that she bundled, as tinuation of an increasingly unsavory and usually object to the appointments and the word is used, $800,000 to President unwise practice by both parties. In the words nominations by the administration to Obama in the last election, and as part of President Theodore Roosevelt, ‘‘The spoils various ambassadorial positions around of the California delegation to the 2012 or patronage theory is that public office is the world. I also understand there are Democratic convention, she bundled primarily designed for partisan plunder.’’ numbers of political supporters, finan- more than $2.1 million for President Sadly it has persisted, even after President cial supporters, and that this is char- Nixon’s acknowledged rewarding of ambassa- Obama’s reelection effort. dorial nominations to major campaign do- acteristic of Republican and Demo- I want to repeat again that I under- nors was exposed. Recognizing that the prac- cratic administrations alike. It has stand there are awards for political tice was inconsistent with democratic prin- never disturbed me when I have ob- support and it has grown with ‘‘bun- ciples, the U.S. Congress in the Foreign served nominees to a Caribbean coun- dling.’’ But when we send a person who Service Act of 1980 set the following guide- try or maybe to London or Paris or doesn’t know the language—has never lines: Berlin being rewarded for support both been to the country, has no familiarity SEC. 304. APPOINTMENT OF CHIEFS OF MISSION.— financial and otherwise. But now we in foreign policy or national security— (a)(1)An individual appointed or assigned are at a point where, according to the to a nation of this importance, then, to be a chief of mission should possess clear- Washington Post, modern Presidents my friends, we are making a serious ly demonstrated competence to perform the have generally followed a 70–30 rule on mistake. duties of a chief of mission, including, to the ambassadorial appointments—where 70 maximum extent practicable, a useful The Hungarian Prime Minister is knowledge of the principal language or dia- percent are career foreign service and distancing himself from the values lect of the country in which the individual is 30 percent are political appointees. shared by most European Union na- to serve, and knowledge and understanding President Obama has defied this his- tions. Orban said civil society orga- of the history, the culture, the economic and toric bipartisan political practice, and nizers receiving funding from abroad political institutions, and the interests of in his second term a shocking 53 per- needed to be ‘‘monitored,’’ as he con- that country and its people. cent of ambassadorial nominees have sidered those to be agents of foreign (2) Given the qualifications specified in been political. This brings his 2-term paragraph (1), positions as chief of mission powers. We are talking about the Inter- should normally be accorded to career mem- average to 37—far more than any ad- national Republican Institute, the Na- bers of the Service, though circumstances ministration in the past. What is very tional Democratic Institute, Freedom will warrant appointments from time to interesting is that some of these nomi- House, and others. time of qualified individuals who are not ca- nees are in very sensitive positions He said: reer members of the Service.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.003 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6241 (3) Contributions to political campaigns I yield the floor, and I suggest the ab- BELL NOMINATION should not be a factor in the appointment of sence of a quorum. The PRESIDING OFFICER. There is an individual as a chief of mission. The PRESIDING OFFICER. The now 2 minutes of debate equally di- (4) The President shall provide the Com- mittee on Foreign Relations of the Senate, clerk will call the roll. vided prior to the vote on the Bell with each nomination for an appointment as The legislative clerk proceeded to nomination. a chief of mission, a report on the dem- call the roll. Who yields time? onstrated competence of that nominee to Mr. MCCAIN. I ask unanimous con- The Senator from Arizona. perform the duties of the position in which sent that the order for the quorum call Mr. MCCAIN. We are about to vote on he or she is to serve. a totally unqualified individual to be (b)( 1) In order to assist the President in be rescinded. selecting qualified candidates for appoint- The PRESIDING OFFICER. Without Ambassador to a nation which is very ment or assignment as chiefs of mission, the objection, it is so ordered. important to our national security in- Secretary of State shall from time to time The question is, will the Senate ad- terests. Her qualifications are as the furnish the President with the names of ca- vise and consent to the nomination of producer of the television soap opera reer members of the Service who are quali- Noah Bryson Mamet, of California, to ‘‘The Bold and the Beautiful.’’ She con- fied to serve as chiefs of mission, together be Ambassador Extraordinary and tributed $800,000 to Obama in the last with pertinent information about such mem- election and bundled more than $2.1 bers. Plenipotentiary of the United States of (2) Each individual nominated by the America to the Argentine Republic? million for President Obama’s reelec- President to be a chief of mission, ambas- Mr. MCCAIN. I ask for the yeas and tion effort. sador at large, or minister shall, at the time nays. I am not against political appointees. of nomination, file with the Committee on The PRESIDING OFFICER. Is there a I understand how the game is played, Foreign Relations of the Senate and the sufficient second? but here we are, a nation that is on the Speaker of the House of Representatives a There appears to be a sufficient sec- verge of ceding its sovereignty to a report of contributions made by such indi- neofacist dictator—getting in bed with vidual and by members of his or her imme- ond. diate family during the period beginning on The clerk will call the roll. Vladimir Putin—and we are going to the first day of the fourth calendar year pre- The legislative clerk called the roll. send the producer of ‘‘The Bold and the ceding the calendar year of the nomination Mr. DURBIN. I announce that the Beautiful’’ as our Ambassador. and ending on the date of the nomination. Senator from Ohio (Mr. BROWN), the I urge my colleagues to put a stop to The report shall be verified by the oath of Senator from Louisiana (Ms. LAN- this foolishness. I urge a ‘‘no’’ vote. the nominee, taken before any individual au- DRIEU), and the Senator from West Vir- The PRESIDING OFFICER. The Sen- thorized to administer oaths. The chairman ginia (Mr. ROCKEFELLER) are nec- ator from California. of the Committee on Foreign Relations of Mrs. BOXER. Mr. President, one the Senate shall have each such report print- essarily absent. ed in the Congressional Record. As used in Mr. CORNYN. The following Senators would think this is the first time any this paragraph, the term ‘‘contribution’’ has are necessarily absent: the Senator President ever nominated someone who the same meaning given such term by sec- from Oklahoma (Mr. COBURN), the Sen- is a political appointee. That is ridicu- tion 301(8) of the Federal Election Campaign ator from Mississippi (Mr. COCHRAN), lous. Just because somebody is a pro- Act of 1971 (2 U.S.C. 431(8)), and the term the Senator from Alaska (Ms. MUR- ducer of a very popular show doesn’t ‘‘immediate family’’ means the spouse of the KOWSKI), and the Senator from Kansas disqualify them. It is ridiculous. I nominee, and any child, parent, grandparent, could point out people who had the brother, or sister of the nominee and the (Mr. ROBERTS). spouses of any of them. The PRESIDING OFFICER (Mr. support of the Senator from Arizona During his 2008 election campaign, Presi- SCHATZ). Are there any other Senators who perhaps didn’t work at all. dent Obama recognized the appropriateness in the Chamber desiring to vote? So let’s be clear. This nominee is an of these guidelines, and promised to respect The result was announced—yeas 50, intelligent woman. She knows how to them. The time for the Senate to begin en- nays 43, as follows: be successful. She will do a good job. I forcing its own guidelines set forth in law for think she will do very well in this posi- [Rollcall Vote No. 293 Ex.] U.S. diplomatic chiefs of mission is now. The tion because I know her well. She nation cannot afford otherwise. YEAS—50 Sincerely, knows how to make friends. She is not Baldwin Harkin Pryor angry. Fifteen former presidents of the Amer- Begich Heitkamp Reed ican Foreign Service Association— Bennet Hirono Reid I yield the floor. Marshall Adair, Thomas Boyatt, Ken- Blumenthal Johnson (SD) Sanders The PRESIDING OFFICER. The neth Bleakley, Theodore Eliot, Booker Kaine Schatz question is, Will the Senate advise and Franklyn A Harris, William Harrop, Boxer Klobuchar Schumer consent to the nomination of Colleen Cantwell Leahy Dennis Hays, J. Anthony Holmes, Lars Shaheen Bradley Bell to be Ambassador extraor- Cardin Levin Stabenow Hydle, Susan Johnson, Alphonse La Carper Manchin Tester dinary and plenipotentiary of the Porta, John Limbert, John Naland, Casey Markey Udall (CO) United States of America to Hungary? Lannon Walker, Theodore Wilkinson. Coons McCaskill Udall (NM) Mr. BARRASSO. I ask for the yeas Mr. MCCAIN. They say: Donnelly Menendez Durbin Merkley Walsh and nays. As former presidents of the American For- Feinstein Mikulski Warner The PRESIDING OFFICER. Is there a eign Service Association, the professional as- Warren Franken Murphy sufficient second? sociation and trade union career members of Gillibrand Murray Whitehouse the Foreign Service, we urge you to oppose Hagan Nelson Wyden There appears to be a sufficient sec- granting Senate consent to these three can- ond. NAYS—43 didates . . . The clerk will call the roll. Alexander Flake McConnell The assistant legislative clerk called They mention George Tsunis to Nor- Ayotte Graham Moran way, Colleen Bell to Hungary, and Barrasso Grassley Paul the roll. Noah Mamet to Argentina. I think we Blunt Hatch Portman Mr. DURBIN. I announce that the should pay attention to these former Boozman Heinrich Risch Senator from Louisiana (Ms. LAN- Burr Heller Rubio DRIEU), and the Senator from West Vir- distinguished members of the diplo- Chambliss Hoeven Scott ginia (Mr. ROCKEFELLER) are nec- matic corps. Coats Inhofe Sessions Collins Isakson I urge my colleagues for once to vote Shelby essarily absent. Corker Johanns against a totally unsuitable nominee Thune Mr. CORNYN. The following Senators Cornyn Johnson (WI) Toomey to be Ambassador to a very critical Crapo King are necessarily absent: the Senator country in a struggle that is going to Cruz Kirk Vitter from Oklahoma (Mr. COBURN), the Sen- go on for a long time, as Colonel Vladi- Enzi Lee Wicker ator from Mississippi (Mr. COCHRAN), mir Putin tries to extend the reach of Fischer McCain the Senator from Alaska (Ms. MUR- Russia and restore the old Russian Em- NOT VOTING—7 KOWSKI), and the Senator from Kansas pire. We will be sending a message by Brown Landrieu Rockefeller (Mr. ROBERTS). this appointment that it really isn’t Coburn Murkowski The PRESIDING OFFCIER. Are there that important. I urge my colleagues Cochran Roberts any other Senators in the Chamber de- to cast a ‘‘no’’ vote. The nomination was confirmed. siring to vote?

VerDate Sep 11 2014 04:25 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.003 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6242 CONGRESSIONAL RECORD — SENATE December 2, 2014 The result was announced—yeas 52, The clerk will call the roll. CLOTURE MOTION nays 42, as follows: The bill clerk called the roll. The PRESIDING OFFICER. There is [Rollcall Vote No. 294 Ex.] Mr. DURBIN. I announce that the now 2 minutes equally divided prior to YEAS—52 Senator from Louisiana (Ms. LAN- the cloture vote on the Adler nomina- Baldwin Harkin Pryor DRIEU) and the Senator from West Vir- tion. Begich Heinrich Reed ginia (Mr. ROCKEFELLER) are nec- Who yields time? Bennet Heitkamp Reid essarily absent. Mr. DURBIN. I yield back all time. Blumenthal Hirono Sanders Mr. CORNYN. The following Senators Booker Johnson (SD) The PRESIDING OFFICER. Without Schatz are necessarily absent: the Senator Boxer Kaine Schumer objection, all time is yielded back. Brown Klobuchar Shaheen from Oklahoma (Mr. COBURN), the Sen- The PRESIDING OFFICER. Pursuant Cantwell Leahy Stabenow ator from Mississippi (Mr. COCHRAN), Cardin Levin to rule XXII, the Chair lays before the Tester Carper Manchin the Senator from South Carolina (Mr. Udall (CO) Senate the pending cloture motion, Casey Markey GRAHAM), the Senator from Alaska Udall (NM) which the clerk will state. Coons McCaskill (Ms. MURKOWSKI), and the Senator from Donnelly Menendez Walsh The bill clerk read as follows: Warner Kansas (Mr. ROBERTS). Durbin Merkley CLOTURE MOTION Feinstein Mikulski Warren The PRESIDING OFFICER. Are there Franken Murphy Whitehouse any other Senators in the Chamber de- We, the undersigned Senators, in accord- Gillibrand Murray Wyden siring to vote? ance with the provisions of rule XXII of the Hagan Nelson Standing Rules of the Senate, hereby move The result was announced—yeas 59, to bring to a close debate on the nomination NAYS—42 nays 34, as follows: of Robert S. Adler, of the District of Colum- Alexander Fischer McCain [Rollcall Vote No. 295 Ex.] bia, to be a Commissioner of the Consumer Ayotte Flake McConnell Product Safety Commission. Barrasso Graham Moran YEAS—59 Harry Reid, John D. Rockefeller IV, Rob- Blunt Grassley Paul Ayotte Gillibrand Murray ert Menendez, Patty Murray, Debbie Boozman Hatch Portman Baldwin Hagan Nelson Burr Heller Risch Begich Harkin Pryor Stabenow, Benjamin L. Cardin, Amy Chambliss Hoeven Rubio Bennet Hatch Reed Klobuchar, Kirsten E. Gillibrand, Coats Inhofe Scott Blumenthal Heinrich Reid Christopher Murphy, Brian Schatz, Collins Isakson Sessions Booker Heitkamp Sanders Richard J. Durbin, Richard Corker Johanns Shelby Boxer Hirono Schatz Blumenthal, Tom Harkin, Angus S. Cornyn Johnson (WI) Thune Brown Johnson (SD) Schumer King, Jr., Tom Udall, Mazie K. Hirono, Crapo King Toomey Cantwell Kaine Shaheen Cruz Kirk Vitter Cardin King Patrick J. Leahy, Sheldon Whitehouse. Stabenow Enzi Lee Wicker Carper Klobuchar Tester The PRESIDING OFFICER. By unan- NOT VOTING—6 Casey Leahy imous consent, the mandatory quorum Coats Levin Toomey Coburn Landrieu Roberts Collins Manchin Udall (CO) call has been waived. Cochran Murkowski Rockefeller Coons Markey Udall (NM) The question is, Is it the sense of the Walsh The nomination was confirmed. Donnelly McCaskill Senate that debate on the nomination Durbin Menendez Warner f Feinstein Merkley Warren of Robert S. Adler, of the District of Flake Mikulski Whitehouse Columbia, to be a Commissioner of the CLOTURE MOTION Franken Murphy Wyden Consumer Product Safety Commission, The PRESIDING OFFICER. There is NAYS—34 shall be brought to a close? now 2 minutes equally divided prior to Alexander Grassley Paul The yeas and nays are mandatory the cloture vote on the Coloretti nomi- Barrasso Heller Portman under the rule. nation. Blunt Hoeven Risch The clerk will call the roll. Who yields time? Boozman Inhofe Rubio The assistant legislative clerk called Burr Isakson C Scott Mrs. M CASKILL. I yield back all Chambliss Johanns the role. time. Sessions Corker Johnson (WI) Shelby Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without Cornyn Kirk Thune Senator from Louisiana (Ms. LAN- Crapo Lee objection, all time is yielded back. Vitter Cruz McCain DRIEU), the Senator from Michigan (Mr. Wicker Under the previous order, pursuant to Enzi McConnell LEVIN), and the Senator from West Vir- rule XXII, the Chair lays before the Fischer Moran ginia (Mr. ROCKEFELLER) are nec- Senate the ending cloture motion, NOT VOTING—7 essarily absent. which the clerk will state. Mr. CORNYN. The following Senators The bill clerk read as follows: Coburn Landrieu Rockefeller Cochran Murkowski are necessarily absent: the Senator CLOTURE MOTION Graham Roberts from Oklahoma (Mr. COBURN), the Sen- We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this ator from Mississippi (Mr. COCHRAN), ance with the provisions of rule XXII of the the Senator from South Carolina (Mr. Standing Rules of the Senate, hereby move vote, the yeas are 59, the nays are 34. GRAHAM), the Senator from Alaska to bring to a close debate on the nomination The motion is agreed to. of Nani A. Coloretti, of California, to be Dep- (Ms. MURKOWSKI), and the Senator from uty Secretary of Department of Housing and f Kansas (Mr. ROBERTS). Urban Development. The PRESIDING OFFICER. Are there Harry Reid, Tim Johnson, Patrick J. NANI A. COLORETTI TO BE DEP- any other Senators in the Chamber de- Leahy, Patty Murray, Tom Udall, UTY SECRETARY OF DEPART- siring to vote? Brian Schatz, Charles E. Schumer, Bar- MENT OF HOUSING AND URBAN The yeas and nays resulted—yeas 52, bara Boxer, Benjamin L. Cardin, Rich- DEVELOPMENT nays 40, as follows: ard Blumenthal, Jeff Merkley, Al Franken, Robert P. Casey, Jr., Martin The PRESIDING OFFICER. The [Rollcall Vote No. 296 Ex.] Heinrich, Elizabeth Warren, Richard J. clerk will report the nomination. YEAS—52 Durbin, Christopher Murphy. The assistant legislative clerk read Baldwin Franken Menendez The PRESIDING OFFICER. By unan- the nomination of Nani A. Coloretti, of Begich Gillibrand Merkley California, to be Deputy Secretary of Bennet Hagan Mikulski imous consent, the mandatory quorum Blumenthal Harkin Murphy call has been waived. Department of Housing and Urban De- Booker Heinrich Murray The question is, Is it the sense of the velopment. Boxer Heitkamp Nelson Senate that debate on the nomination The PRESIDING OFFICER. With re- Brown Hirono Pryor Cantwell Johnson (SD) Reed of Nani A. Coloretti, of California, to spect to the nominations confirmed Cardin Kaine Reid be Deputy Secretary of Department of under the previous order, the motions Carper King Sanders Housing and Urban Development, shall to reconsider have been made and laid Casey Klobuchar Schatz be brought to a close? upon the table, and the President will Coons Leahy Schumer Donnelly Manchin Shaheen The yeas and nays are mandatory be immediately notified of the Senate’s Durbin Markey Stabenow under the rule. actions. Feinstein McCaskill Tester

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.005 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6243 Udall (CO) Warner Wyden economy and that any health care re- President said it would, it is actually Udall (NM) Warren Walsh Whitehouse form should be targeted at helping hurting the economy. those struggling to afford health care Take one small part of ObamaCare, NAYS—40 rather than upsetting our entire sys- the tax on lifesaving medical devices Alexander Fischer Moran tem, but Democrats refused to listen. such as pacemakers and insulin pumps. Ayotte Flake Paul This tax has already been responsible Barrasso Grassley Portman Now it appears at least some of them Blunt Hatch Risch are wishing they had. for putting thousands of Americans out Boozman Heller Rubio The President tried to sell the health of work, and it is on track to eliminate Burr Hoeven Scott thousands more jobs if it isn’t repealed. Chambliss Inhofe care law as a benefit for the middle Sessions class. At a 2010 tele-town hall, he told Then there is the ObamaCare 30-hour Coats Isakson Shelby Collins Johanns Thune his listeners that ‘‘once this reform is workweek rule, which is eliminating Corker Johnson (WI) Toomey fully in effect, middle-class families hours and reducing wages for thou- Cornyn Kirk Vitter Crapo Lee are going to pay less for their health sands of American workers, and the nu- Cruz McCain Wicker care.’’ merous ObamaCare regulations that Enzi McConnell Unfortunately, as far too many are making it difficult for small busi- NOT VOTING—8 Americans have found, the President’s nesses to hire new workers. Coburn Landrieu Roberts health care law has actually forced As Democrats are now realizing, Cochran Levin Rockefeller them to pay more. I have lost count of ObamaCare was a big mistake. What Graham Murkowski the number of letters I have gotten Democrats should have done, as the The PRESIDING OFFICER (Ms. from constituents in South Dakota senior Senator from New York admits, HEITKAMP). On this vote, the yeas are telling me how much their health in- was focus on creating jobs and opportu- 52, the nays are 40. surance has gone up since the so-called nities for middle-class families. The motion is agreed to. Affordable Care Act passed. The recent Gallup poll listing the f One constituent emailed me in No- overall health of the economy as Amer- icans’ top economic concern was just NOMINATION OF ROBERT S. vember to tell me: Please do something about the Affordable the latest poll in which Americans ADLER TO BE A COMMISSIONER have listed jobs and the economy OF THE CONSUMER PRODUCT Care Act. Health insurance is no longer affordable. In March our family health insur- among their main worries. Yet Demo- SAFETY COMMISSION ance policy went up $150.00/month. Now crats have spent years ignoring the The PRESIDING OFFICER. The [we’ve] received notice [of] another $112.00 need for jobs and focusing on their own clerk will report the nomination. increase effective January 1, 2015, for a total political priorities. The assistant legislative clerk read monthly premium of $857.00. This is more As the senior Senator from New York than our mortgage and we cannot afford it!! the nomination of Robert S. Adler, of said: the District of Columbia, to be a Com- Let me just repeat part of that last When Democrats focused on health care, missioner of the Consumer Product line. ‘‘This is more than our mort- the average middle class person thought, Safety Commission. gage.’’ How are middle-class families ‘‘the Democrats aren’t paying enough atten- The PRESIDING OFFICER. Under supposed to afford what amounts to a tion to me.’’ the previous order, the time until 4 second mortgage payment each month? That average middle-class person is p.m. will be equally divided in its usual The answer of course is they can’t. right. form. The President can talk all he wants In a few short weeks Republicans will The Senator from South Dakota. about the supposed benefits of his take over the Senate, and we will be Mr. THUNE. Madam President, are health care law, but the fact is running things very differently. we in morning business? ObamaCare has made life worse for this Our first priority will be passing leg- The PRESIDING OFFICER. We are South Dakota family and it has made islation to create jobs and opportuni- postcloture on the Adler nomination. things worse for millions of families ties for American workers. A signifi- OBAMACARE across the United States. cant part of that will be working to Mr. THUNE. Very good. Since ObamaCare was signed into undo the damage ObamaCare has done Madam President, I wish to speak law, family health insurance premiums to the economy. We will work to repeal today about some of what is happening have risen by about $3,000. That is a the medical device tax and restore the here with the agenda and where we strain on any family budget just by 40-hour workweek. I hope Democrats might be headed. I think it is impor- itself, but it is even worse when we re- will join us. I have a feeling many of tant to point out that the Democrats alize that the average family’s income them will. here, after this election, seem to be in has dropped by nearly $3,000 over the As we have seen, opposition to these disarray. We have fractures emerging course of the Obama Presidency. damaging ObamaCare provisions is not on the left and the right. On top of this, ObamaCare has forced limited to Republicans. Democrats Senate Democrats and the President millions of Americans off health insur- have joined us before to attempt to ad- are blaming each other for the Demo- ance plans they had and they liked. dress these issues, and I look forward crats’ devastating election loss. The Frequently, they have been forced to to working with these same Democrats President is threatening a veto on a bi- pay more for their new plans while get- and others in the new Congress. partisan tax extenders package that ting less. As for the President, I hope he will fi- was negotiated by the House Ways and Thanks to ObamaCare, Americans nally admit his law is hurting Ameri- Means Committee chairman and the have lost access to doctors they liked cans and join us in undoing the dam- Senate Democratic leader. and trusted, they have lost access to age. Unfortunately, his actions so far The senior Senator from New York convenient hospitals and they have have not demonstrated much openness told an audience last week that passing lost access to medications and that is to cooperation or any sign that he un- ObamaCare was a mistake. To quote just the damage ObamaCare is doing to derstands the American people are the Senator: Americans’ health care. That is not to calling for a new era in Washington. But unfortunately, Democrats blew the op- mention the damage it is doing to the Democrats have spent the past sev- portunity the American people gave them. economy at large. We took their mandate and put all of our eral years focusing on the priorities of focus on the wrong problem—health-care re- As the Senator from New York made the far leftwing of their party instead form. clear in his comments, he thinks the of the American people’s priorities— . . . it wasn’t the change we were hired to Democratic Party erred in passing the economy and jobs. That is what the make. ObamaCare because what Americans American people have been saying over I could not agree more, but it is quite wanted was not health care legislation and over they want their elected lead- an admission from the third-ranking but jobs legislation, and he is right. ers to be focused on. Democrat in the Senate. But Democrats went ahead with I hope the new Congress will mark Back in 2009, Republicans tried to ObamaCare anyway, and not only has the start of a new era in which Demo- tell Democrats we should focus on the it not helped the economy, as the crats join Republicans to help create

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.013 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6244 CONGRESSIONAL RECORD — SENATE December 2, 2014 jobs and opportunities for Americans and African-American youth unem- and productivity. Instead of giving and remove obstacles to success. The ployment is over 30 percent. huge tax breaks to corporations which American people have waited a long Today millions of Americans are ship our jobs to China and other low- time for relief. It is time for Congress working longer hours for lower wages. wage countries, we need to provide as- to give it to them. When we try to understand why the sistance to workers who want to pur- I yield the floor. American people are angry, it is impor- chase their own businesses by estab- The PRESIDING OFFICER. The Sen- tant to understand that, in inflation lishing worker-owned cooperatives. ator from Vermont. adjusted for dollars, the median male Study after study shows that when ECONOMIC AGENDA FOR AMERICA worker—that male worker right in the workers have an ownership stake in Mr. SANDERS. Madam President, it middle of the economy—earned $783 the businesses in which they work, pro- seems to me the American people at less last year than he made 41 years ductivity goes up, absenteeism goes this particular moment in our history ago, despite all of the increases in pro- down, and employees are much more must make a very fundamental deci- ductivity. The median woman worker satisfied with their jobs. sion, and that decision is do we con- made $1,300 less last year than she No. 4, union workers who are able to tinue the status quo—which includes a earned in 2007. Since 1999, the median collectively bargain for higher wages 40-year decline of our middle class and middle-class family has seen its income and benefits earn substantially more a huge and growing gap between the go down by almost $5,000 after adjust- than nonunion workers. very rich and everyone else—or do we ing for inflation, now earning less than Today, corporate opposition to union fight for a bold and meaningful eco- it did 25 years ago. organizing makes it extremely difficult nomic agenda that creates jobs, raises Why are the American people angry? for workers to join a union. We need wages, protects our environment, and That is why: a huge increase in produc- legislation which makes it clear that provides health care for every Amer- tivity, all of the global economy, and when a majority of workers sign cards ican? yet the median family income in Amer- in support of a union, they can form The question of our time is whether ica is $5,000 less than it was in 1999. that union. we are prepared to take on the enor- It seems clear to me that the Amer- No. 5, the current Federal minimum mous economic and political power of ican people must demand that Congress wage of $7.25 an hour is a starvation the billionaire class or do we continue and the White House start protecting wage. We need to raise the minimum to slide into economic and political oli- the interests of working families and wage to a living wage. No one in this garchy? not just wealthy campaign contribu- country who works 40 hours a week That is the question which the Amer- tors. We need Federal legislation to put should live in poverty. ican people must answer. I hope and ex- millions of our unemployed workers No. 6, women workers today earn 78 pect they are prepared to answer with back to work, to raise wages, and make percent of what their male counter- a resounding yes and a desire to move certain that all Americans have the parts earn. We need pay equity in this this country in a very different direc- health care and education they need country—equal pay for equal work. tion. for healthy and productive lives. No. 7, since 2001 we have lost more The long-term deterioration of the In other words, we must have a vision than 60,000 factories in this country middle class, accelerated by the Wall for the future, which talks about what and more than 4.9 million decent-pay- Street crash of 2008, has not been a this Nation can become in terms of ing manufacturing jobs. We once led pretty picture. Today we have more jobs, in terms of income, in terms of the world in terms of our manufac- wealth and income inequality than any education, and in terms of health care. turing capability. Yet in State after other major country on Earth, with the Let me very briefly describe some of State, we have seen significant losses top 1 percent owning more wealth than the major initiatives that I intend to in manufacturing jobs. When people the bottom 90 percent, with one family, fight for in the new Congress. There walk into a store, it is harder and hard- the Walton family of Walmart, owning are 12 major initiatives which, if ener for them to purchase products made more wealth itself than the bottom 40 acted, will transform the middle class in the United States of America. percent. of this country. The time is now for us to end our dis- Today in the United States we have No. 1, we need a major investment to astrous trade policies—NAFTA, the highest rate of childhood poverty rebuild our crumbling infrastructure— CAFTA, Permanent Normal Trade Re- of any major country on Earth, and we our roads, bridges, water systems, lations with China—because these poli- are the only major country on this waste water plants, airports, railroads, cies simply enable corporate America planet that does not guarantee health schools, et cetera. to shut down plants in this country and care to all people as a right. It has been estimated that the cost of move to China and other low-wage The United States once led the world the Bush-Cheney war in Iraq, a war we countries. in terms of the percentage of our peo- should never have gotten into in the We need to end the race to the bot- ple who graduated college, and that in first place, will end up costing us some tom and to develop trade policies a global economy is an enormously im- $3 trillion. If we invested $1 trillion in which protect the interests of Amer- portant issue. We can’t create jobs un- rebuilding our crumbling infrastruc- ican workers and not just multi- less we have a well-educated work- ture, we could create 13 million decent- national corporations. American com- force. We were once in first place in paying jobs and make this country panies should start investing in this terms of percentage of our people who more efficient and more productive. We country and not simply in China and graduated college. Today we are in 12th need to invest in infrastructure, not in other low-wage countries. place. war. No. 8, in today’s highly competitive I think, as most Americans under- No. 2, the United States must lead global economy, millions of Americans stand, we once were the envy of the the world in reversing climate change are unable to afford the higher edu- world in terms of the quality of our in- and making certain this planet is hab- cation they need in order to get good- frastructure—our roads, bridges, waste itable for our children and grand- paying jobs. About 40 or 50 years ago water plants, water system, rail—but children. we had a situation in this country today, as all Americans know, our We must transform our energy sys- where some of the great public univer- physical infrastructure is literally col- tem away from fossil fuels and into en- sities of our Nation—the University of lapsing before our eyes. ergy efficiency and sustainable ener- California, City University of New Real unemployment today is not 5.8 gies. When we do that—make our York, and State colleges all over Amer- percent. That is official unemploy- transportation system energy efficient, ica were virtually tuition free, and ment. When we include those people make our homes more energy efficient, anybody could go to those schools re- who have given up looking for work move to wind, solar, geothermal bio- gardless of the income of their fami- and those people who are working part mass—we can also create a significant lies. time when they want to work full time, number of good-paying jobs. Today, for many, many families and real unemployment is 11.5 percent, No. 3, we need to develop new eco- young people the cost of higher edu- youth unemployment is 18.6 percent, nomic models to increase job creation cation is simply unaffordable. Either

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.013 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6245 students choose not to go to college be- and not a privilege. We need to pass a the top one-tenth of 1 percent. It because they can’t afford it or they come Medicare-for-all, single-payer system. longs to all of us. out of school deeply in debt—a debt No. 11, millions of senior citizens in I hope very much that the American fastened on their shoulders for decades. this country live in poverty, and we people make the right choice, because Quality education in America—from have the highest rate of childhood pov- if they do, we can bring about a trans- child care to higher education—must erty of any major country on Earth. formation of this country so the gov- be affordable for all. Without a high- I hear a lot of discussion on the part ernment begins to work for all of the quality and affordable educational sys- of my Republican colleagues—and people and not just the billionaires who tem, we will be unable to compete some Democrats—that we should be are on top. globally in the international economy cutting Social Security. Well, I strong- With that, I yield the floor. and our standard of living will con- ly disagree. In my view, we must f tinue to decline. We have to invest in strengthen and expand Social Secu- education. The idea that we are laying rity—not cut it. That is terribly impor- RECESS off teachers is completely absurd. tant, especially at a time when more The PRESIDING OFFICER. Under No. 9, the function of banking—the and more seniors are slipping into pov- the previous order, the Senate stands banking system—is to facilitate the erty. We have millions of seniors who in recess until 2:15 p.m. flow of capital into a productive and are trying to survive on $12,000, $13,000 job-creating economy. That is what Thereupon, the Senate, at 12:42 p.m., and $14,000 a year. They have to decide recessed until 2:15 p.m. and reassem- banking is supposed to be. People save, every single day whether they should people put money in banks, and that bled when called to order by the Pre- buy the medicine they need, heat their siding Officer (Ms. BALDWIN). money goes out into the economy so homes adequately or buy the food they that people can buy homes and create need. We should not be cutting these f businesses. programs; we should be expanding NOMINATION OF ROBERT S. Financial institutions cannot be an these programs. ADLER TO BE A COMMISSIONER island unto themselves, standing as No. 12—and the last point I will make huge profit centers outside of the real OF THE CONSUMER PRODUCT as part of an agenda that rebuilds SAFETY COMMISSION—Continued productive economy. In other words, America and rebuilds our middle banking must be a means to an end by class—at a time of massive wealth and The PRESIDING OFFICER. The Sen- improving society, creating jobs, pro- income inequality, we need a progres- ator from Vermont. viding people with decent housing, and sive tax system in this country which IMMIGRATION not simply a means by which financial is based on ability to pay. It is not ac- Mr. LEAHY. Madam President, I will institutions make more and more prof- ceptable that every single year we have take just about a minute. I know we it. major, profitable corporations which are waiting for others to come. I have Today, six huge Wall Street financial pay nothing in Federal income taxes. It heard some of the discussion on the institutions have assets equivalent to is not acceptable that we have cor- floor and in the hallways about 61 percent of our gross domestic prod- porate CEOs in this country who make Thanksgiving. On Thursday, when I sat uct. There is close to $10 trillion in 6 fi- millions of dollars every year and down with my family over Thanks- nancial institutions. These institutions enjoy an effective tax rate which is giving dinner, I thought about our his- underwrite more than one-half of the tory and how my grandparents came to mortgages in this country and more lower than that of their secretaries. That is grotesquely unfair, and it must Vermont from Italy, my great-grand- than two-thirds of the credit cards. The parents from Ireland, and my wife’s greed, recklessness, and illegal behav- be changed. Further, we have to address the dis- family from the Province of Quebec in ior of major Wall Street firms plunged grace that every single year our coun- Canada. We, similar to most Ameri- this country into the worst financial try loses over $100 billion in revenue cans, are a family of immigrants. It is crisis since the 1930s, and every day because corporations and the wealthy that rich melting-pot history that when we open up our newspapers, we stash their money in offshore tax ha- makes our country so special, so see another major banking scandal. strong. Thanksgiving is a good time to The truth of the matter is that these vens all over the world. The time is celebrate and honor that strength. financial institutions on Wall Street long overdue for real tax reform which Far too many immigrant families are too powerful to be reformed. They says to the wealthy and large, profit- have too much money, too much able corporations that they have to today, however, live in fear—fear of wealth, too many lobbyists, and make begin paying their fair share of taxes. being torn apart, of losing a mother or too much in campaign contributions. I will conclude by getting back to the father or sister or brother, to deporta- Our goal must be to break them up. point I made in the beginning of my re- tion. Bringing peace to those families They have too much power and too marks, and that is that we are in a piv- is one of the things that most moti- much wealth. They must be broken up otal moment in American history. The vated me last year during the long de- so that our financial institutions begin very, very rich are becoming richer, bate on immigration reform. Both to serve the needs of the American peo- the middle class is disappearing, and Democrats and Republicans in this ple and not simply the CEOs and the today we have more people living in Chamber praised the fair and thorough stockholders of Wall Street firms. poverty than at almost any other time process that we had in the Judiciary No. 10, the United States must join in American history. With the wealth Committee on the immigration bill. the rest of the industrialized world and of the billionaire class, they are exer- We had 6 hearings featuring 42 wit- recognize that health care is a right of cising their power politically because nesses. We debated bipartisan legisla- all and not a privilege. I think many Citizens United—a disastrous Supreme tion a total of 37 hours over a 3-week Americans don’t know that we are the Court decision—has given them the period. We considered 212 amendments, only major country on Earth that does power to buy elections and control, to and we adopted 136 of them—all but 3 not guarantee health care to all people a significant degree, our political proc- on a bipartisan basis. The full Senate as a right. Yet, within this dysfunc- ess. then debated the bill and approved it tional health care system, we have 40 We, as a nation, have to ultimately by an overwhelming bipartisan major- million people who have no health in- make a decision about whether we are ity. surance, more people who are under- going to continue the process where But that effort was not good enough insured, millions of people with high the middle class continues to decline for Republican leaders in the House. premiums and high deductibles, and at and the very, very richest people be- They would not even allow a vote on the end of all of that, we end up spend- come richer or whether we are pre- the bill. Today, they are batting zero ing almost twice as much per capita on pared—and this is not easy stuff—to when it comes to addressing the broken health care as do the people of any stand together to take on the billion- immigration system. other major country on Earth. aire class and their greed and to say: They now complain that the Presi- The time is now for us to declare Enough is enough. This country does dent is acting alone, but he is not. The that health care is a right of all people not just belong to the top 1 percent or American people support immigration

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.015 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6246 CONGRESSIONAL RECORD — SENATE December 2, 2014 reform. That is why President Obama Achievement Award, and the Federal shortly ensures that we maintain a acted. His actions are legal, but they 100 Award. Federal commitment to the partner- are only a temporary fix. Congress In all, Ms. Coloretti would bring over ship to restore the Chesapeake Bay. It must still act. The Republican House 20 years of experience in budget and also makes sure that during these chal- leadership has chosen to hold hearings program analysis, as well as more than lenging fiscal times every dollar spent attacking the President’s actions, 15 years of management experience, to on improving the health of the Bay rather than simply stepping up and al- the position of Deputy Secretary of the produces real results. lowing a vote on a bill to solve the Department of HUD. The Chesapeake Bay accountability problem. Time is running out and they At a time when millions of American bill requires the U.S. Office of Manage- are wasting it on political antics. I families struggle to find affordable ment and Budget to prepare a crosscut hope that they use the remainder of rental housing, the market continues budget. That means we will actually this month to take up and vote on the to lock many creditworthy potential track where and how Federal and State comprehensive bill we sent them more borrowers out of homeownership, and restoration dollars are being spent than a year and a half ago. HUD’s State and local partners work to throughout the entire Chesapeake Bay I applaud the President’s action to provide greater opportunities with lim- Watershed. keep families together. That is why ited resources, it is critical that HUD This will allow us to track costs and next week, the Senate Judiciary Com- and the programs it oversees are run match them to results. It means more mittee will again turn to the issue of efficiently and effectively. As HUD’s accountability and it means more family unity. I have asked Astrid Deputy Secretary, Ms. Coloretti would transparency to our combined efforts Silva, whose remarkable story Presi- be a valuable addition to Secretary to restore this national treasure. Castro’s management team. I urge my dent Obama began to tell last week, to This bipartisan legislation is an im- fellow Senators to support her nomina- come and share the rest of her story portant step forward in ensuring that and what the President’s actions will tion. I yield the floor. the Chesapeake Bay restoration and mean to her family. The fact is we have preservation efforts remain effective, done the work for an immigration bill. The PRESIDING OFFICER. The Sen- ator from Virginia. accountable, responsible, and trans- Why won’t the Republicans at least parent. In a moment I am going to urge f vote—vote yes or vote no. We did, and all my colleagues to join us in approv- I applaud those Republicans and Demo- CHESAPEAKE BAY ACCOUNT- ing it. crats in the Senate who stood and ABILITY AND RECOVERY ACT OF At this moment, I yield the floor to voted. Let the House act. 2013 the ranking member, the Senator from I yield the floor. Louisiana. The PRESIDING OFFICER. The Sen- ator from South Dakota. FEDERAL DUCK STAMP ACT OF The PRESIDING OFFICER. The Sen- ator from Louisiana. COLORETTI NOMINATION 2014 Mr. JOHNSON of South Dakota. Mr. VITTER. Madam President, I am Mr. WARNER. Madam President, in a truly honored to join my colleagues on Madam President, I rise to urge my moment I am going to be asking a the floor, Senators WARNER and colleagues to vote in favor of the nomi- unanimous consent request on some BEGICH. I am pleased to support Sen- nation of Ms. Nani Coloretti to be Dep- legislation that combines some work I uty Secretary of the U.S. Department ator WARNER’s bill that he just de- have been doing and work the ranking scribed and also a second bill Senator of Housing and Urban Development. member of the EPW Committee, my The HUD Deputy Secretary is a crit- BEGICH and I have been working very friend, the Senator from Alaska, has diligently on that will be part of the ical component of the agency’s man- been doing. I want to make a brief agement team, overseeing HUD’s pro- unanimous consent request. That is statement first and then I am going to H.R. 5069, the Federal Duck Stamp Act grams that provide affordable rental turn the floor over to the Senator from housing, community and economic de- of 2014. This bipartisan legislation is a Louisiana. real victory for sportsmen and for con- velopment opportunities, and an oppor- I start by thanking Chairman BOXER servation. It is a straightforward bill tunity for creditworthy families to and Ranking Member VITTER for work- that updates the fee paid by duck hunt- achieve the dream of home ownership. ing with me on this important legisla- ers for a duck stamp for the first time I believe Ms. Coloretti has the skills tion. I also thank the bipartisan Vir- since 1991, and that is a big win for the and experience necessary to take on ginia delegation on both sides of the hunters, it is a big win for conservation this role. The full Senate Banking, Capitol, especially my friend Congress- because the cost of the duck stamp Housing, and Urban Affairs Committee man ROB WITTMAN. He and I have goes directly toward conservation of also approved Ms. Coloretti’s nomina- worked on this initiative now for more waterfowl habitat. In fact, 98 cents on tion for the position on April 29, 2014, than 4 years. by voice vote. As we all know, the Chesapeake Bay, every $1 generated goes directly to pur- Ms. Coloretti is currently the Assist- while located around Virginia and chase or lease wetland habitat for ant Secretary for Management at the Maryland and Delaware, is actually a ducks, and where you have more habi- U.S. Department of the Treasury. Dur- national treasure. It is the centerpiece tat, you have more ducks and you have ing her tenure at Treasury, Ms. of the culture and economy of many a healthier environment. It is as simple Coloretti helped create a new Treasury coastal communities in Virginia and in as that. Operations Excellence Team, which has several neighboring States. I am very pleased to say our work on applied lean principles developed in the Restoring the health of the Chesa- this bill is exactly how this place and private sector to improve performance peake Bay must be a national priority. American democracy is supposed to at Treasury. This work encompassed Virginia and five other States, the Dis- work. I first heard about this real need dozens of process improvement out- trict of Columbia, 10 Federal agencies, from duck hunters, from sportsmen comes, saving the Department money and more than 1,000 local governments who live this and breathe this every and staff time while engendering a cul- have spent decades on this shared pri- day. I am an occasional hunter, but ture of continual improvement. ority. these folks absolutely live it and Prior to joining the Treasury Depart- We have joined together over the breathe it every day and understand ment, Ms. Coloretti held positions in years in a shared commitment to the the critical need. the San Francisco mayor’s office, in- Bay. We have worked across jurisdic- I immediately got very involved. I cluding budget director; the San Fran- tional lines, across the political aisle, reached out to allies such as Senator cisco Department of Children, Youth, across every level of government in BEGICH, who had a great interest in it. and Their Families; the U.S. Office of partnership with the private sector and I met with the House sponsor, Rep- Management and Budget; and the pri- with nonprofit groups such as the resentative JOHN FLEMING, also from vate sector. She is also a recipient of Chesapeake Bay Foundation. Louisiana. We met with the House Nat- the National Public Service Award, the This important bipartisan legislation ural Resources chairman, DOC HAS- Public Policy and International Affairs that we are going to be moving on TINGS. We got a strong version of the

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.017 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6247 bill that passed through the House re- we will make sure this happens not SECTION 1. SHORT TITLE. cently and that now comes to the Sen- only now but into the future. This Act may be cited as the ‘‘Chesapeake ate. Today, by this consent, we will Bay Accountability and Recovery Act of Again, I wish to thank Senator VIT- 2014’’. pass that House bill through the Sen- TER for his work and his efforts not SEC. 2. DEFINITIONS. ate and send it to the President. only in this body but on the other side In this Act: As I said, that is the way the process of the Capitol, working with House (1) ADMINISTRATOR.—The term ‘‘Adminis- is supposed to work, and this is a real Members to make sure we could all trator’’ means the Administrator of the En- win for hunters, for conservation, for work together and do this by unani- vironmental Protection Agency. the environment. mous consent. Along with them, Sen- (2) CHESAPEAKE BAY STATE.—The term ‘‘Chesapeake Bay State’’ or ‘‘State’’ means I thank my colleague and partner on ator BOXER and the EPW staff did an any of— this, Senator BEGICH, and yield the incredible job. It is an honor to be here (A) the States of Maryland, West Virginia, floor to him. today. Delaware, and New York; The PRESIDING OFFICER. The Sen- The last thing I will say to Senator (B) the Commonwealths of Virginia and ator from Alaska. WARNER is this: My son just had an op- Pennsylvania; and Mr. BEGICH. Madam President, I portunity to go to the bay. He did an (C) the District of Columbia. thank my colleague, Senator VITTER, incredible field study there with some (3) CHESAPEAKE BAY WATERSHED.—The term for this incredible work. For several of his staff. It was a great experience. ‘‘Chesapeake Bay watershed’’ means all trib- utaries, backwaters, and side channels, in- years we have been focused on this He was able to go into the mud. I am piece of legislation for two reasons; cluding watersheds, draining into the Chesa- not sure what that is exactly, but he peake Bay. one, not only is it important for the was able to go chest deep, and then he (4) CHESAPEAKE EXECUTIVE COUNCIL.—The hunters, the duck hunters, but a provi- decided not to do that, but to be there term ‘‘Chesapeake Executive Council’’ has sion in there is also important for sub- to help people. But it was an incredible the meaning given the term by section 117(a) sistence users in my State of Alaska. experience, to experience that bay, of the Federal Water Pollution Control Act This is an important bill. As has been which is a national treasure. So having (33 U.S.C. 1267(a)). mentioned, 98 cents of every $1 that (5) CHIEF EXECUTIVE.—The term ‘‘chief ex- that bill at the same time as this other ecutive’’ means, in the case of a State or goes into a duck stamp goes back into one is not only good for Senator WAR- habitat protection for hunters cur- Commonwealth, the Governor of the State or NER’s community but good for this Commonwealth and, in the case of the Dis- rently and into the future. whole country. And for folks from my trict of Columbia, the Mayor of the District Along with that, since 1934, almost $1 State who come to visit this commu- of Columbia. billion—three-quarters of a billion dol- nity, it is another opportunity for (6) DIRECTOR.—The term ‘‘Director’’ means lars—has been spent in protecting wet- them to see a national treasure. So it the Director of the Office of Management and Budget. land habitat, again for the purpose of is an honor to have two pieces of legis- ensuring that we have this habitat pro- (7) FEDERAL RESTORATION ACTIVITY.— lation that will pass by unanimous (A) IN GENERAL.—The term ‘‘Federal res- tected not only for hunters but in my consent. case for subsistence users. toration activity’’ means a Federal program I yield the floor. or project carried out under Federal author- I agree with Senator VITTER, this is The PRESIDING OFFICER. The Sen- ity in existence as of the date of enactment the kind of legislation we want to see ator from Virginia. of this Act with the express intent to di- done, where Democrats and Repub- Mr. WARNER. Madam President, I rectly protect, conserve, or restore living re- licans, the House and the Senate, are sources, habitat, water resources, or water working together. My colleague, Con- thank the Senator from Alaska for his quality in the Chesapeake Bay watershed, in- comments and I will be happy to take gressman YOUNG, a Republican on the cluding programs or projects that provide fi- House side from Alaska, worked on his the Senator and his whole family out nancial and technical assistance to promote responsible land use, stewardship, and com- side of the equation, working with to the bay again. I thank the Senator from Louisiana and the Senator from munity engagement in the Chesapeake Bay other House Members, to figure out watershed. how to move a bill. We had a Senate Alaska for working together. That is the way this is supposed to work. There (B) CATEGORIZATION.—Federal restoration version over here we were working on. activities may be categorized as follows: At the end of the day, it is not about are duck hunters in Virginia as well (i) Physical restoration. whose name is on the bill; it is about and they firmly support this legisla- (ii) Planning. getting the job done. tion. I appreciate also the special con- (iii) Feasibility studies. Here we have a piece of legislation siderations that need to be addressed in (iv) Scientific research. (v) Monitoring. that will finally correct the pricing on terms of the State of Alaska. I ask unanimous consent that the (vi) Education. duck stamps to ensure that we keep up (vii) Infrastructure development. with inflation, to ensure that the con- EPW Committee be discharged from further consideration of S. 1000, and (8) STATE RESTORATION ACTIVITY.— tinued preservation of wetlands is done (A) IN GENERAL.—The term ‘‘State restora- for our hunters and our sportsmen. But the Senate proceed to its immediate tion activity’’ means any State program or on top of that, for my State of Alaska, consideration and the consideration of project carried out under State authority this recognizes the needs of subsistence H.R. 5069, which is at the desk, en bloc. that directly or indirectly protect, conserve, hunters. Millions of acres in Alaska are The PRESIDING OFFICER. Without or restore living resources, habitat, water re- objection, it is so ordered. sources, or water quality in the Chesapeake set aside as refuge and others are in Bay watershed, including programs or protected status. Our subsistence users There being no objection, the Senate proceeded to consider the bills, en bloc. projects that promote responsible land use, live off the land—not for extra gain for stewardship, and community engagement in their household, but literally for food Mr. WARNER. I further ask unani- the Chesapeake Bay watershed. for the winter in order to survive. So mous consent that the Warner sub- (B) CATEGORIZATION.—State restoration ac- this allows a waiver to be put into stitute amendment to S. 1000, which is tivities may be categorized as follows: place that will have minimal impact on at the desk, be agreed to; the bills, as (i) Physical restoration. the duck stamp program, but will en- amended, if amended, be read a third (ii) Planning. time and passed en bloc; and the mo- (iii) Feasibility studies. sure that subsistence users—people (iv) Scientific research. who live off the land in Alaska—can tions to reconsider be considered made and laid upon the table with no inter- (v) Monitoring. continue to do that without the threat (vi) Education. of a Federal agency fining them or vening action or debate. (vii) Infrastructure development. even dealing with them in some way The PRESIDING OFFICER. Without SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. because they didn’t have the stamp. objection, it is so ordered. (a) IN GENERAL.—The Director, in consulta- This allows them to go for a waiver and The amendment (No. 3965) in the nation with the Chesapeake Executive Council, ensure they will be able to do their ture of a substitute was agreed to, as the chief executive of each Chesapeake Bay follows: State, and the Chesapeake Bay Commission, subsistence hunting they have been shall submit to Congress a financial report doing for generations before the gov- (Purpose: In the nature of a substitute) containing— ernment came along and locked up Strike all after the enacting clause and in- (1) an interagency crosscut budget that their land they have been hunting. And sert the following: displays, as applicable—

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.018 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6248 CONGRESSIONAL RECORD — SENATE December 2, 2014 (A) the proposed funding for any Federal (c) DEADLINE.—The Director shall submit The PRESIDING OFFICER. Without restoration activity to be carried out in the to Congress the report required by sub- objection, it is so ordered. succeeding fiscal year, including any planned section (a) not later than September 30 of Mr. WARNER. I suggest the absence interagency or intra-agency transfer, for each year. of a quorum. each of the Federal agencies that carry out (d) REPORT.—Copies of the report required The PRESIDING OFFICER. The restoration activities; by subsection (a) shall be submitted to the (B) to the extent that information is avail- Committees on Appropriations, Natural Re- clerk will call the roll. able, the estimated funding for any State sources, Energy and Commerce, and Trans- The legislative clerk proceeded to restoration activity to be carried out in the portation and Infrastructure of the House of call the roll. succeeding fiscal year; Representatives and the Committees on Ap- Mr. HATCH. Madam President, I ask (C) all expenditures for Federal restoration propriations, Environment and Public unanimous consent that the order for activities from the preceding 2 fiscal years, Works, and Commerce, Science, and Trans- the quorum call be rescinded. the current fiscal year, and the succeeding portation of the Senate. The PRESIDING OFFICER. Without fiscal year; (e) EFFECTIVE DATE.—This section shall objection, it is so ordered. (D) all expenditures, to the extent that in- apply beginning with the first fiscal year TAX EXTENDERS formation is available, for State restoration after the date of enactment of this Act. Mr. HATCH. Madam President, I wish activities during the equivalent time period SEC. 4. INDEPENDENT EVALUATOR FOR THE described in subparagraph (C); and CHESAPEAKE BAY PROGRAM. to spend a few minutes today to discuss (E) a section that identifies and evaluates, (a) IN GENERAL.—There shall be an Inde- the ongoing saga of the 2014 tax extend- based on need and appropriateness, specific pendent Evaluator for restoration activities ers package. opportunities to consolidate similar pro- in the Chesapeake Bay watershed, who shall Getting this legislation passed grams and activities within the budget and review and report on— through the Senate has been quite an recommendations to Congress for legislative (1) restoration activities; and ordeal from the outset. As my col- action to streamline, consolidate, or elimi- (2) any related topics that are suggested by leagues will recall, the Finance Com- nate similar programs and activities within the Chesapeake Executive Council. mittee reported its tax extenders pack- the budget; (b) APPOINTMENT.— age in April and a few weeks later (2) a detailed accounting of all funds re- (1) IN GENERAL.—Not later than 30 days ceived and obligated by each Federal agency after the date of submission of nominees by progress stalled on the Senate floor for restoration activities during the current the Chesapeake Executive Council, the Inde- when the Senate majority leadership and preceding fiscal years, including the pendent Evaluator shall be appointed by the refused to allow votes on any amend- identification of funds that were transferred Administrator from among nominees sub- ments. to a Chesapeake Bay State for restoration mitted by the Chesapeake Executive Council After that time—which was in mid- activities; with the consultation of the scientific com- May—the tax extenders sat somewhat (3) to the extent that information is avail- munity. in limbo, although both sides acknowl- able, a detailed accounting from each State (2) NOMINATIONS.—The Chesapeake Execu- edged the desire to get something of all funds received and obligated from a tive Council may nominate for consideration passed during the lameduck session, if Federal agency for restoration activities as Independent Evaluator a science-based in- during the current and preceding fiscal not before. stitution of higher education. The Finance Committee extenders years; and (3) REQUIREMENTS.—The Administrator (4) a description of each of the proposed shall only select as Independent Evaluator a package, if my colleagues remember, Federal and State restoration activities to nominee that the Administrator determines extended 55 expired or expiring tax pro- be carried out in the succeeding fiscal year demonstrates excellence in marine science, visions for 2 years without making any (corresponding to those activities listed in policy evaluation, or other studies relating of them permanent. subparagraphs (A) and (B) of paragraph (1)), to complex environmental restoration ac- The House took a different approach including— tivities. which was to make certain important (A) the project description; (c) REPORTS.—Not later than 180 days after tax provisions, such as the R&D tax (B) the current status of the project; the date of appointment and once every 2 (C) the Federal or State statutory or regu- credit, for example, permanent, bring- years thereafter, the Independent Evaluator ing more certainty to American busi- latory authority, program, or responsible shall submit to Congress a report describing agency; the findings and recommendations of reviews nesses, families, and individuals. (D) the authorization level for appropria- conducted under subsection (a). Over the past several weeks, negotiations; SEC. 5. PROHIBITION ON NEW FUNDING. tions have been ongoing in the hopes of (E) the project timeline, including bench- No additional funds are authorized to be producing a bill that combined the marks; appropriated to carry out this Act. Senate Finance Committee’s package (F) references to project documents; The bill (S. 1000), as amended, was or- with the approach taken by the House. (G) descriptions of risks and uncertainties I am generally hesitant to publicly of project implementation; dered to be engrossed for a third read- (H) a list of coordinating entities; ing, was read the third time, and comment about what happens behind (I) a description of the funding history for passed. closed doors in negotiations; but, on the project; The bill (H.R. 5069) was ordered to a the other hand, much of what happened (J) cost sharing; and third reading, was read the third time, next has already been printed in the (K) alignment with the existing Chesa- and passed. media. That being the case, I don’t feel peake Bay Agreement, Chesapeake Execu- too awkward discussing the recent turn tive Council goals and priorities, and Annual The PRESIDING OFFICER. The Sen- ator from Louisiana. of events that has brought us to where Action Plan required by section 205 of Execu- we are now with the tax extenders. tive Order 13508 (33 U.S.C. 1267 note; relating Mr. VITTER. Madam President, I to Chesapeake Bay protection and restora- have a parliamentary inquiry. Last week, before the Thanksgiving tion). The PRESIDING OFFICER. The Sen- holiday, the Speaker’s office and the (b) MINIMUM FUNDING LEVELS.—In describ- ator will state it. Senate majority leader’s office were ing restoration activities in the report re- Mr. VITTER. Did that unanimous very close to reaching a deal on a tax quired under subsection (a), the Director consent agreement cover both bills? extenders package—one that would shall only include— The PRESIDING OFFICER. The Sen- have included all of the provisions (1) for the first 3 years that the report is from the EXPIRE Act, which is the required, descriptions of— ator is correct. (A) Federal restoration activities that Mr. VITTER. I thank the Chair. Senate Finance Committee-reported have funding amounts greater than or equal The PRESIDING OFFICER. The Sen- tax extenders bill, as well as a number to $300,000; and ator from Virginia. of permanent tax extender provisions. (B) State restoration activities that have f This emerging deal would have been funding amounts greater than or equal to a reasonable compromise between Re- $300,000; and NOMINATION OF ROBERT S. publicans and Democrats and between (2) for every year thereafter, descriptions ADLER TO BE A COMMISSIONER the House and Senate approaches to of— OF THE CONSUMER PRODUCT this matter. It was not the legislation (A) Federal restoration activities that SAFETY COMMISSION—Continued I would have written, but as a com- have funding amounts greater than or equal to $100,000; and Mr. WARNER. Madam President, I promise taking place in a Congress (B) State restoration activities that have ask unanimous consent that the time that is, for the time being, still di- funding amounts greater than or equal to in any quorum calls be charged equally vided, it was likely the best both par- $100,000. to both sides. ties could hope for.

VerDate Sep 11 2014 04:25 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.010 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6249 As I said, we were on the cusp of a President and his liberal allies are un- will have an opportunity to right this deal last week, and then something likely to get a better tax deal in the ship. I just hope we will have a lot of strange happened. On Tuesday, the next Congress than the one the Senate Democrats who are willing to help us. White House caught wind of the poten- Democratic leadership had been negoti- We need to focus on an agenda that tial deal—even though the terms had ating up until the last week. I com- will actually grow our economy. We not yet been finalized—and issued a mend the Senate Democratic leader- need to focus on an agenda that will veto threat. How often does that hap- ship for its work on that matter. I actually create jobs. And we need to pen? How often does the President commend the House leadership and focus on an agenda that will empower issue a veto threat on potential deals congratulate them for doing the same the American people. That is going to still under negotiation? How often do thing. be the focus of this new Congress. we find that extraordinary threat rati- Do any of my Democratic colleagues Once again, the President and his al- fied by people who are involved in the who came out against the proposed lies here in the Senate missed a big op- negotiations? As I said, this was not a deal really think their prospects are portunity to address some of their par- Republican wish list being negotiated. likely to improve next year? I have to ty’s priorities with the tax extenders House Republicans were willing to ask because, quite frankly, this recent legislation. It is difficult to imagine make a number of tough concessions in turn of events is mind-boggling to me. that they will have another bite at the order to get a deal across the finish In the end, I think the only conclu- same apple in the next Congress. Ab- line. sion that makes sense is that this line sent a deal, we are now left with only For example, the deal would have of attack—the President’s veto one option: a 1-year extension that will made permanent the American oppor- threat—and liberal opposition to the likely be passed by the House this tunity tax credit—a provision that potential extenders deal is more about week. Once again, a 1-year extension is first came into law in the Democrats’ politics than about policy. It is about not a great deal for families, individ- partisan 2009 stimulus bill and has been the President’s strategy of following an uals, and businesses, but it is far better a high priority item for Democrats. It electoral rebuke of his policies by than letting these provisions lapse en- would have also made the State and tacking even further to the left. And it tirely. Indeed, if we do nothing, we run local sales tax deduction—which is a is about congressional Democrats’ ef- into a series of problems, including a high priority for a number of congres- forts to pander to their liberal base at delayed filing season, which means sional Democrats—permanent. And it the expense of good government. millions of delayed refunds for Ameri- I hope I am wrong about this, but as would have rolled over the tax extend- cans who count on them. In addition, I said, there is not another logical ex- ers that expired during 2013—including doing nothing would essentially planation that I have heard. I hope the many that most Republicans do not amount to a tax hike on millions of White House and its Senate allies will support—for another 2 years. people and businesses. prove me wrong and come to the table These were major concessions and, to Consequently, I plan to vote in favor with an offer that reflects a genuine its credit, the House was willing to of the 1-year extension, unless, of compromise with the House. make them in the interests of a bipar- I think the events of this past week course, my colleagues on the other side tisan agreement. have demonstrated divisions in the finally come to their senses and allow More importantly, the deal was sup- Democratic Party, and that those divi- a better deal to be had. ported by the Senate majority leader I don’t understand this kind of lead- sions are causing real problems. Once who, the last time I checked, was a ership in this country. I don’t under- again, we had the Senate majority Democrat. Yet the deal wasn’t good leader in the room and ready to make stand why the President does some of enough for the President and for the a deal, only to be undercut by the these things. I don’t understand why more liberal Members of the Senate, or President and his liberal allies in the the left just can’t take an offering to should I say the Senate Democratic Senate. I find that very unfortunate. I them that was much better than what Caucus. Apparently they weren’t will- commend the Democratic majority we are going to get. The majority leading to take yes for an answer. Instead leader for trying. er knew it. of compromising even a little bit, Of course, at the end of the day, I Republicans have been tough on the President Obama issued his veto threat suppose none of us should be surprised majority leader. I have been here for and has been rallying Democratic Sen- at what has happened. After all, Presi- years. I care for him. I think it is a ators against the proposed deal, or at dent Obama is not particularly known tough group of people to manage, just least that is what I have been told. As for being business friendly or placing as they are on our side as well. It is a a result, it appears unlikely that a deal his focus on job creation, which is sore- tough job. Frankly, I think the deal he on the tax extenders package will be ly needed in this country. Whether it is worked out should have been followed. reached in this Congress. Instead, the crippling environmental regulations— It would have given the President most likely scenario appears to be that which we are now seeing come to the much of what he wanted initially, any- the Congress will pass a 1-year ref- forefront in dramatic terms—or wheth- way. It would have brought us together erendum of tax extenders that have al- er it is labor policy or health care, the one more time, and it would have been ready expired. President has demonstrated that he is a wonderful thing. Short of not passing anything at all, all too willing to put his political ide- It would have made the end of the this is surely the worst of all possible ology above the needs of our economy. year—the work we are doing—much worlds. Rather than the certainty that Make no mistake, the proposed tax more satisfying and acceptable. It would come with making some of the extenders deal—the one the President would have been a good prelude to next more prominent individual tax extend- scuttled with his veto threat—was all year of our working together—some- ers permanent, families, individuals, about job creation. It would have made thing that this body needs really badly. and businesses will have to once again the research and development tax cred- I want to commend the distinguished put long-term plans on hold in hopes it, small business expensing, and other majority leader, Senator REID, for the that Congress can get its act together provisions permanent, giving certainty work he tried to do. I want to con- the next time around. to the business community, paving the gratulate him. I want to congratulate This is bad news for middle-class way for more investment, and paving the Speaker of the House for being families. This is bad news for individ- the way for more jobs in our society. willing to work on this. uals. This is bad news for job creators. The President’s latest gambit on the I think it is unfortunate we are at And this is bad news for those of us tax extenders is just a series in a long this point in these negotiations, where hoping the government will improve line of instances where politics has we are going to have a 1-year exten- the way it does business any time in trumped job creation. Still, as one who sion. It is not going to be anywhere the near future. has been willing to work with my col- near where we had negotiated with the We all know the makeup of the next leagues on the other side of the aisle, I majority leader and had negotiated Congress will be different than it is can’t help but be disappointed. with the House. There are parts of the now. I don’t mean to be too presump- But make no mistake, things are negotiated bill that I wish I could have tuous, but I think it is safe to say the about to change around here and we changed. But, we had come a long way.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.021 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6250 CONGRESSIONAL RECORD — SENATE December 2, 2014 I want to pay tribute to the distin- add on the appendix—over 500 addi- The Obama administration doesn’t guished chairman of our committee. I tional pages. want to hear it and certainly doesn’t don’t think he had much confidence at Here is what the Wall Street Journal want to talk about it. first that we would put our original ex- had to say about the new rule. They Bipartisan majorities in Congress tenders bill through the committee. At had an editorial on it Friday with this have rejected the President’s energy least he didn’t express it to me. headline: ‘‘Highway to the Danger policies. Senate Democrats wouldn’t I said: Let’s do it, and we did. Even Ozone.’’ It says: ‘‘Like so many other even bring up his cap and trade plan for with the parts that I wish weren’t in such rules, this one twists decades-old a vote in this body. there and the parts he wished weren’t air pollution laws to restructure the What does the President do? Does he in there, it was a classic bipartisan U.S. energy industry and gradually ban learn the lesson that the American compromise by two sides who feel very, fossil-fuel-fired power.’’ people don’t want his enormously ex- very deeply about all these issues— We have fossil fuel-fired power gradu- pensive, job-crushing policies? each and every one of them. ally being banned as this administra- Does he listen to the voters in the I think the work that Senator REID, tion tries to restructure the U.S. en- most recent elections—people who sent the distinguished majority leader, and ergy industry. a clear message they weren’t happy the Speaker had done was not only a It says: ‘‘Coal is the first target.’’ with the direction the country is head- step in the right direction but it would The article also adds: ‘‘But natural gas ed? No, not President Obama—he goes have been something most all of us is next.’’ ahead and does it anyway. would have been quite pleased with. I The current limit on ozone is 75 parts People are concerned about jobs. commend them for their work. per billion. The Environmental Protec- They are concerned about the econ- I am disappointed with where we are. tion Agency wants to cut that number omy. The President is focused, though, I hope we can solve these problems in down to as little as 70, 65, even 60 parts on making it tougher for the private the future. I will be working as hard as per billion. sector to create jobs and tougher for I can to bring about bipartisan efforts The Agency estimates that the new the economy to grow. He purposely is in that regard. rule could cost nearly $17 billion every going around the American people and Madam President, I suggest the ab- year—$17 billion a year in costs. Most their representatives in Congress and sence of a quorum. of the country would fail to meet taking this drastic step on his own. The PRESIDING OFFICER. The Washington’s tough new standards if Why? Because he knows even Demo- clerk will call the roll. they were in place today. As much as crats in Congress do not support him. The legislative clerk proceeded to 95 percent of the country would be un- So what are the Democrats who con- call the roll. able to comply with the new regula- trol the Senate right now going to do Mr. BARRASSO. Madam President, I tions if they go down to 60 parts per about it? If history is any indication, ask unanimous consent that the billion. they are not going to do anything. quorum call be rescinded. States, counties, and cities would Democrats in Congress are going to The PRESIDING OFFICER. Without have to curb their energy production just roll over and accept another de- objection, it is so ordered. and limit manufacturing. That will structive policy by President Obama. EPA REGULATION mean far less economic growth and That is what they did with the health Mr. BARRASSO. Last Wednesday fewer people working. It will raise the care law—a terrible law. Democrats in Americans all across the country were cost of everyday living, and it will de- Congress pushed it through anyway be- preparing for Thanksgiving. They were stroy middle-class jobs. There is no cause President Obama told them to do traveling. Many of them were going to question about it. it. NANCY PELOSI was the Speaker of visit friends and family and places This rule will undermine energy reli- the House at the time. She said: First around their communities, their State ability. It will stall manufacturing in- you have to pass the bill before you get or the country. vestment, and it will smother eco- to find out what is in it. Well, now even What did the Obama administration nomic opportunity for middle-class Democrats are admitting it was a bad do when it thought nobody was actu- families. idea as they are learning more and ally paying attention? It snuck out a It costs too much, and there is very more what is in this bill for which they huge new regulation that imposes job- little benefit. It doesn’t matter to the voted. The senior Senator from New crushing environmental restrictions. extreme environmentalist wing of the York said the other day that the health Politico ran an article on it later Democratic Party who support it. care law ‘‘wasn’t the change we were that day. The headline was: ‘‘The most The Obama administration is once hired to make.’’ He said, with the econ- expensive regulation ever. Obama rolls again turning a deaf ear to Ameri- omy in bad shape, it was a focus on out a major EPA rule.’’ cans—the people who want Washington ‘‘the wrong problem.’’ That is from a Why would the President do that? to focus on jobs. That is what we saw Senator who voted for the health care Why would he put out a major rule in the election earlier this month. The law. Well, today the Senator is right from the Environmental Protection people of this country want the admin- when he says it was a focus on the Agency, affecting millions of Ameri- istration to focus on jobs. wrong problem. cans, and do it right before a holiday? The administration claims its tough With this new ozone regulation, the If these regulations were such a good new rule will lead to new health bene- President is still focused on the wrong idea, we would think the administra- fits. What about the health damage problem. He should still be looking for tion—as the administration claims it is done to people who lose their jobs be- ways to grow America’s economy, not a good idea—would put it out in a way cause of the rule? ways to tie it up with more redtape. that people would be paying attention. In March 2012 the Committee on En- President Obama has made the wrong I want to know why the administra- vironment and Public Works Sub- choice time and time again, adding tion did this in a way to hide the regu- committee on Clear Air and Nuclear more regulations, more rules, more bu- lations from the American people. Safety issued a report titled ‘‘Red Tape reaucracy. He continues to push ex- President Obama didn’t say a word Making Americans Sick.’’ It is a new treme policies he knows the American about it that day. Instead, he pardoned report on the health impacts of high people reject. The President is using a turkey. The turkey got a better deal unemployment. unelected and unaccountable czars to than the American people did last According to the testimony and sci- go around Congress and the public. His week. They are the ones who are going entific research that was reviewed by latest Executive action shows his Pres- to be paying for the President’s expen- the subcommittee, unemployment idency is failing and floundering. sive and destructive regulation. caused by excessive regulation—such President Obama is not even waiting Here is what is happening. The Envi- as the new ozone rule—increases the to try to work with a Republican Con- ronmental Protection Agency has pro- likelihood of hospital visits, illnesses, gress or when Republicans take the posed a new rule that would dramati- and premature deaths. That raises majority in January. He is acting on cally slash the limits of ground-level health care costs. It hurts the health of his own right now. Well, in January ozone. The rule runs 626 pages. Then we children and the well-being of families. Republicans in Congress will listen to

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.023 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6251 Americans and focus on the priorities tory, and now they want to prevent the more than to keep their families to- of the American people. We will hold President from pulling them to shore, gether. We are talking about millions the Obama administration accountable saving them from their own immo- of hard-working people who—right now for its destructive overreach. We will bility, their own inaction. They are many are exploited, creating downward listen to people who are struggling also sailing against the headwinds of pressure on the salaries and wages of under Obama’s redtape and suffering what the American people want. In poll all Americans by virtue of that exploi- because of it. We will do everything after poll we have seen that the Amer- tation. We have an opportunity to possible to stop this legislation and ican people want to fix our broken im- change that. I would rather know who help Americans have better job oppor- migration system, and that which the is here to pursue the American dream tunities in the future. Senate passed—and I was honored to be versus who is here to do us harm, but I yield the floor, and I suggest the ab- one of the Group of 8 who put it to- I can’t know that unless I get people to sence of a quorum gether 11⁄2 years ago—and passed with come forward and go through a crimi- The PRESIDING OFFICER (Mr. an overwhelming bipartisan vote, still nal background check. MANCHIN). The clerk will call the roll. has the highest rating among the If our Republican colleagues are so The legislative clerk proceeded to American people. It has been sitting in concerned about getting immigration call the roll. the House of Representatives for the policy right, if they are so concerned about the President overstepping his Mr. MENENDEZ. Mr. President, I ask last 11⁄2 years. unanimous consent that the order for A new Gallup poll shows that the authority, which is the same authority the quorum call be rescinded. President’s approval rating among all Republican Presidents have used, they The PRESIDING OFFICER. Without voters has not gone down since the Ex- can exert their own authority and push objection, it is so ordered. ecutive action announcement was our bipartisan bill over the finish line with one vote—one vote in the House of IMMIGRATION made, as some predicted it would, but, Mr. MENENDEZ. Mr. President, I rather, it has increased 5 percentage Representatives. The President himself has said he come to the floor to speak about the points among all voters since early No- acted because there is a cost to wait- President’s Executive order on immi- vember. In my view, any action—Exec- gration. I have been listening to my ing—a cost measured in the thousands utive or otherwise—is movement in the of parents of U.S. citizen children who colleagues, both here and on the other right direction and it is what America side of the Capitol, and I rise in amaze- are deported, husband and wives who expects of its leaders. are separated from their U.S. citizen ment. It is almost incredulous that our Americans are expecting someone to spouses, and the economic con- Republican friends are against the act, someone to tackle the difficult sequences. President taking the same action issues, and immigration, particularly I know there are some who suggest: Presidents Reagan and George H.W. for our House colleagues, seems to be a Let’s wait until the next Congress. Bush took to defer deportation to solve very difficult issue they can’t tackle. It Let’s wait and see. Give them a little a critical problem that we all know ex- is not difficult for me, and it is not time. If not, we will act. ists in the country—a problem that im- really difficult for most Americans This is the same Republican Party— pacts millions. When President Obama who believe in the power of common particularly in the House of Represent- exercises the same Executive author- sense, not for those who believe in the atives—that blocked immigration re- ity—the same—they are on the air, on need to secure our borders, to secure form in 2006, 2007, 2010, 2013, and 2014 television, on talk shows, on Twitter, the country, to promote economic op- despite a strong bipartisan bill here. So fear-mongering, calling it illegal, call- portunity, and preserve our history as if they wish, they can join us at the ne- ing it amnesty, a constitutional crisis. a nation of immigrants and that core gotiating table with their own pro- Where was all of that when Presidents value of family values. posals and their own solutions because Reagan and Bush did it? I cannot recall anyone coming to this doing nothing and maintaining the sta- They hold hearings in the House ti- floor and praising inaction, praising tus quo is no longer an option. That is tled ‘‘Open Border: The Impact of Pres- the President for not having done precisely why they didn’t want the idential Amnesty on Border Security,’’ enough on a matter of consequence, President to follow through on what he which is a little ridiculous because we but that is exactly what our Repub- told them. He waited on Executive ac- have more border security under this lican colleagues are doing, once again tion. He gave them advance notice. He administration than we have had in the standing squarely on the wrong side of said: I want you to act, but if you don’t history of the United States. As a mat- history—in fact, on the wrong side of act, eventually I will have to act. ter of fact, we spend more on border en- their own history—invoking the double Now let’s look at what my Repub- forcement and immigration enforce- standard and claiming what is right for lican friends find so objectionable. To ment than we do in all of the other their party’s Presidents is wrong for put it simply, the administration is Federal law enforcement entities com- this President. History, however, is a creating a new deferred action for pa- bined—combined. funny thing. You can choose to ignore rental accountability, a program that The Republicans threaten to sue the it, but eventually it catches up with provides deferred action on a case-by- government or even shut it down. The you, and it has finally caught up with case basis to undocumented parents of irony of that is laughable because a my Republican colleagues. U.S. citizens or lawful permanent resi- shutdown over conducting background I repeat what I have said all along: dents—those who were present in the checks and collecting taxes from un- The antidote to Executive action is United States on November 20 of this documented immigrants would only passing immigration reform. Let’s be year, those who have continuously cost current taxpayers billions of dol- clear. Regardless of how big or how lived in the United States for 5 years, lars. bold the President’s announcement since January 2010, and are not an en- Certainly it would cost them billions may be, a permanent legislative solu- forcement priority—and also is expand- of dollars if it is anything like the last tion continues to be our ultimate ob- ing the program that already exists for shutdown that Republicans forced. So jective. Administrative relief will not DREAMers by expanding the age con- double standard? Absolutely. It is the grant anyone legal status or citizen- tent. very definition of ‘‘double standard.’’ ship, but it will clear the way for many This isn’t amnesty because amnesty On immigration reform, our Repub- to come out of the shadows, register means you did something wrong and lican friends—particularly on the other with the government, pass a criminal you are forgiven and get whatever you side of the Capitol—have become the background check, get a work permit, want. Amnesty means you get some- poster children for double standards. and pay taxes as the rest of us do. thing for nothing. First of all, these On the one hand, they know the polit- Because of the President’s Executive people have no pathway to becoming a ical ramifications of the demographic action, the nature of who is eligible is permanent resident or citizen under reality. On the other, they refuse to really people who have U.S. citizen the President’s Executive order. Sec- catch up with history and fix our bro- families here. It will prevent needless ondly, their only opportunity is not to ken immigration system. They are deportations and give a chance at a be deported, assuming they can pass a sailing against the headwinds of his- better life to those who want nothing background check and pay their taxes.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.025 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6252 CONGRESSIONAL RECORD — SENATE December 2, 2014 As a result of the President’s order, of Americans by giving 11 million peo- 10:00 a.m. tomorrow morning, Wednes- more people will go to the southern ple a pathway to citizenship. What do day, December 3, 2014, all postcloture border to protect it, more people will we ever do that we pass that grows the time be considered expired and the pay taxes who may not be paying them economy, reduces the deficit, and cre- Senate proceed to vote on confirmation now, more families will stay reunited, ates more jobs for all Americans? Very of the nominations in the order upon and more people who are in the shad- little. The immigration bill which the which cloture was invoked; further, ows will come forward and go through Senate passed and which has been that following these votes, the Senate a criminal background check. I would pending in the House does all of that in proceed to vote on cloture on the fol- like to know who those people are, and addition to securing our border. lowing nominations: Calendar Nos. I would like to make sure they don’t So let’s be clear. The President’s Ex- 1036, Hale; 1037, Kearney; and 1038, have a criminal background. More ecutive actions are only temporary Pappert; further, if cloture is invoked criminals and felons will be deported steps. Only Congress can finish the job. on any of these nominations, that at 3 because now it will be a priority to de- Deferred action is an act of prosecu- p.m. tomorrow, all postcloture time be port those individuals. What is wrong torial discretion, but it is not a path to considered expired and the Senate pro- with that set of circumstances? citizenship or a permanent solution. ceed to vote on confirmation of the So this is temporary relief as the The fact is that we have waited and nominations in the order upon which Congress hopefully comes together on a waited. In the absence of any Repub- cloture was invoked; further, that more permanent basis. lican action in the House on immigra- there be 2 minutes for debate prior to In my State of New Jersey, approxi- tion reform, the President has used the each vote and all rollcall votes after mately 137,000 parents of U.S. citizens power he has available, which other the first vote in the sequence be 10 and legal permanent residents will ben- Presidents have used as well. If the Re- minutes in length; further, with re- efit from the new action. About 67,000 publicans are concerned about an Exec- spect to the nominations in this agree- will benefit from the new program on utive action, they should use their own ment, that if any nomination is con- children. That is an estimated 204,000 power to pass immigration reform—ei- firmed, the motion to reconsider be people in New Jersey who can come out ther the Senate bill or their own vision considered made and laid upon the of the shadows and contribute to the of what comprehensive reform is. table and the President be immediately community and the economy. These For those who question the legality notified of the Senate’s action. are moms and dads, good people, hard- of this, I would simply say there are The PRESIDING OFFICER. Without working people who can register with three letters—one before the Executive objection, it is so ordered. the government, pass a background action and two after—from law profes- Mr. REID. I suggest the absence of a check, get a work permit, pay taxes, sors and former general counsels of the quorum. take care of their families, and no Immigration and Naturalization Serv- The PRESIDING OFFICER. The longer fear deportation. ice and chief counsels of USCIS. They clerk will call the roll. The fact is, because of the Presi- say the President has the authority. He The assistant bill clerk proceeded to dent’s Executive action, more felons is on sound legal footing. call the roll. will be deported, more resources will So we are tired of waiting for Repub- Mr. GRAHAM. Mr. President, I ask go to our border, more families will licans to say yes to something—yes to unanimous consent that the order for stay together, and more people will pay taking action that is in the interest of the quorum call be rescinded. taxes. These are all good things. millions in this country who expect The PRESIDING OFFICER. Without The Council of Economic Advisers leadership, expect action, expect objection, it is so ordered. has found that over the next decade the progress, expect cooperation, not con- f range of Executive actions announced frontation and obstruction. Millions of NOMINATION OF NANI A. by the President will increase our gross families are tired of waiting. The Na- COLORETTI TO BE DEPUTY SEC- domestic product by up to 0.9 percent, tion is tired of waiting for Republicans RETARY OF DEPARTMENT OF it will reduce the Federal deficit by $25 to catch up with history—in this case, HOUSING AND URBAN DEVELOP- billion through increased economic with the lessons of their own history. growth, and it will raise the average Let’s invite our Republican friends to MENT—Continued wages for U.S. workers by 0.3 percent. invoke the memory of Ronald Reagan The PRESIDING OFFICER. Under The Executive action the President and George H.W. Bush and for once the previous order, there will be 2 min- has taken and the Republicans have commend this President for following utes of debate prior to a vote on the criticized will increase the produc- their lead in this, doing what is right Coloretti nomination. tivity of our workforce. How? By allow- by the Nation and doing what is right Mrs. FEINSTEIN. Mr. President, I ing those—from undocumented immi- by our taxpayers, doing what is right would like to express my support for grants to spouses of highly skilled H– for our security and doing what is right the consideration of the nomination of 1B visa holders—to be part of the for- by our families. Nani Coloretti to be the Deputy Sec- mal economy and match the skills they Mr. President, I yield the floor, and I retary of the Department of Housing have with the skills needed by entre- suggest the absence of a quorum. and Urban Development, HUD. preneurial startups that they often cre- The PRESIDING OFFICER. The Ms. Coloretti has a distinguished his- ate. clerk will call the roll. tory of public service; she currently is By the way, that is a fraction of the The assistant bill clerk proceeded to the Assistant Secretary for Manage- economic benefits of what we did here call the roll. ment at the U.S. Department of Treas- on a bipartisan basis that has been sit- Mr. REID. Mr. President, I ask unan- ury, a position she has served in since ting in the House of Representatives imous consent that the order for the 2012. Prior to joining the U.S. Treas- for the last 11⁄2 years. The Senate bill quorum call be rescinded. ury, Ms. Coloretti assisted setting up we passed, according to the Congres- The PRESIDING OFFICER. Without operations at the newly created Con- sional Budget Office—the nonpartisan objection, it is so ordered. sumer Financial Protection Bureau, scoring division of everything we do UNANIMOUS CONSENT AGREEMENT—EXECUTIVE serving as the Acting Chief Operating here—will increase the gross domestic CALENDAR Officer. Additionally, from 1999 to 2005, product of the United States by over 3 Mr. REID. Mr. President, I ask unan- Ms. Coloretti served as director of pol- percent in 2023—less than 9 years—and imous consent that the vote originally icy, planning and budget for the San 5.4 percent in 2033, which is an increase scheduled for today at 4 p.m. be de- Francisco Department of Children, of roughly $700 billion in 2023 and $1.4 layed until 4:10 p.m., and that notwith- Youth, and their Families, as well as trillion in 2033. It will reduce the Fed- standing rule XXII, following the vote budget director to San Francisco eral deficit by $197 billion over the next on cloture on Calendar No. 1069, Bur- Mayor Gavin Newsom, where she man- decade and another $700 billion between rows, the Senate proceed to vote on aged the implementation of San Fran- 2024 and 2033. That is almost $1 trillion cloture on Calendar No. 1067, Lopez; cisco’s $6.2 billion annual budget. in deficit spending which can be lifted further, that if cloture is invoked on Ms. Coloretti received a B.A. in eco- from the backs of the next generation either of these nominations, that at nomics and communications from the

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.028 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6253 University of Pennsylvania and a mas- Rubio Sessions Thune NOT VOTING—3 Scott Shelby Vitter ter’s in public policy from the Goldman Coburn Cochran Landrieu School of Public Policy at the Univer- NOT VOTING—4 The nomination was confirmed. sity of California at Berkeley. In 2012, Coburn Landrieu Ms. Coloretti was awarded the National Cochran McCaskill f Public Service Award by the American The nomination was confirmed. CLOTURE MOTION Society for Public Administration and The PRESIDING OFFICER. Under the National Academy of Public Ad- f ministration. the previous order, there will be 2 minutes of debate prior to a vote to invoke I believe that Ms. Coloretti brings a NOMINATION OF ROBERT S. cloture on the Burrows nomination. wealth of experience and knowledge to ADLER TO BE A COMMISSIONER Who yields time? the position of Deputy Secretary, and I OF THE CONSUMER PRODUCT Mr. BARRASSO. I yield back all look forward to voting for her con- SAFETY COMMISSION—Continued time. firmation. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without Mr. GRAHAM. Mr. President, I ask objection, all time is yielded back. unanimous consent to yield back all the previous order, there will be 2 minutes of debate prior to a vote on the Pursuant to rule XXII, the Chair lays time. before the Senate the pending cloture The PRESIDING OFFICER. Without Adler nomination. Mr. REID. Mr. President, I yield back motion, which the clerk will state. objection, it is so ordered. The bill clerk read as follows: Under the previous order, the ques- all time. CLOTURE MOTION tion is, Will the Senate advise and con- The PRESIDING OFFICER. Without We, the undersigned Senators, in accord- sent to the nomination of Nani A. objection, all time is yielded back. The question is, Will the Senate ad- ance with the provisions of rule XXII of the Coloretti, of California, to be Deputy Standing Rules of the Senate, hereby move Secretary of Department of Housing vise and consent to the nomination of to bring to a close debate on the nomination and Urban Development? Robert S. Adler, of the District of Co- of Charlotte A. Burrows, of the District of Mr. GRAHAM. I ask for the yeas and lumbia, to be a Commissioner of the Columbia, to be a Member of the Equal Em- nays. Consumer Product Safety Commission? ployment Opportunity Commission. The PRESIDING OFFICER. Is there a Mr. GRASSLEY. Mr. President, I ask Harry Reid, Tom Harkin, Patrick J. Leahy, Patty Murray, Tom Udall, sufficient second? for the yeas and nays. The PRESIDING OFFICER. Is there a Brian Schatz, Charles E. Schumer, Bar- There appears to be a sufficient sec- bara Boxer, Benjamin L. Cardin, Rich- ond. sufficient second? ard Blumenthal, Jeff Merkley, Al The clerk will call the roll. There is a sufficient second. Franken, Robert P. Casey, Jr., Martin The assistant bill clerk called the The clerk will call the roll. Heinrich, Elizabeth Warren, Richard J. roll. The bill clerk called the roll. Durbin, Christopher Murphy. Mr. DURBIN. I announce the Senator Mr. DURBIN. I announce that the The PRESIDING OFFICER. By unan- Senator from Louisiana (Ms. LAN- from Louisiana (Mrs. LANDRIEU) and imous consent, the mandatory quorum the Senator from Missouri (Mrs. DRIEU) is necessarily absent. call has been waived. MCCASKILL) are necessarily absent. Mr. CORNYN. The following Senators The question is, Is it the sense of the Mr. CORNYN. The following Senators are necessarily absent: the Senator Senate that debate on the nomination are necessarily absent: the Senator from Oklahoma (Mr. COBURN) and the of Charlotte A. Burrows, of the District Senator from Mississippi (Mr. COCH- of Columbia, to be a Member of the from Oklahoma (Mr. COBURN) and the RAN). Equal Employment Opportunity Com- Senator from Mississippi (Mr. COCH- AR mission, shall be brought to a close? RAN). The PRESIDING OFFICER (Ms. W - REN). Are there any other Senators in The yeas and nays are mandatory The PRESIDING OFFICER. Are there the Chamber desiring to vote? under the rule. any other Senators in the Chamber de- The clerk will call the roll. siring to vote? The result was announced—yeas 53, nays 44, as follows: The assistant bill clerk called the The result was announced—yeas 68, roll. nays 28, as follows: [Rollcall Vote No. 298 Ex.] YEAS—53 Mr. DURBIN. I announce that the [Rollcall Vote No. 297 Ex.] Senator from Alaska (Mr. BEGICH) and YEAS—68 Baldwin Harkin Pryor Begich Heinrich Reed the Senator from Louisiana (Ms. LAN- Alexander Hagan Murray Bennet Heitkamp Reid DRIEU) are necessarily absent. Ayotte Harkin Nelson Blumenthal Hirono Rockefeller Mr. CORNYN. The following Senators Baldwin Hatch Portman Booker Johnson (SD) Sanders are necessarily absent: the Senator Begich Heinrich Pryor Boxer Kaine Schatz from Oklahoma (Mr. COBURN) and the Bennet Heitkamp Reed Brown Klobuchar Schumer Blumenthal Heller Reid Cantwell Leahy Shaheen Senator from Mississippi (Mr. COCH- Booker Hirono Cardin Levin Rockefeller Stabenow RAN). Boxer Hoeven Carper Manchin Sanders Tester Brown Isakson Casey Markey The PRESIDING OFFICER. Are there Schatz Udall (CO) Cantwell Johanns Coons McCaskill any other Senators in the Chamber de- Schumer Cardin Johnson (SD) Donnelly Menendez Udall (NM) Shaheen siring to vote? Carper Kaine Durbin Merkley Walsh Stabenow The yeas and nays resulted—yeas 57, Casey King Feinstein Mikulski Warner Coats Klobuchar Tester Franken Murphy Warren nays 39, as follows: Toomey Collins Leahy Gillibrand Murray Whitehouse [Rollcall Vote No. 299 Ex.] Coons Levin Udall (CO) Hagan Nelson Wyden Corker Manchin Udall (NM) YEAS—57 Donnelly Markey Walsh NAYS—44 Alexander Feinstein McCaskill Durbin Menendez Warner Alexander Flake Moran Ayotte Franken Menendez Feinstein Merkley Warren Ayotte Graham Murkowski Baldwin Gillibrand Merkley Flake Mikulski Whitehouse Barrasso Grassley Paul Bennet Hagan Mikulski Wicker Franken Murkowski Blunt Hatch Portman Blumenthal Harkin Murkowski Gillibrand Murphy Wyden Boozman Heller Risch Booker Heinrich Murphy Boxer Heitkamp Burr Hoeven Roberts Murray NAYS—28 Brown Hirono Nelson Chambliss Inhofe Rubio Cantwell Johnson (SD) Pryor Barrasso Enzi McCain Coats Isakson Scott Blunt Fischer Collins Johanns Cardin Kaine Reed McConnell Sessions Boozman Graham Corker Johnson (WI) Carper King Reid Moran Shelby Burr Grassley Cornyn King Casey Klobuchar Rockefeller Paul Thune Chambliss Inhofe Crapo Kirk Collins Leahy Sanders Risch Toomey Cornyn Johnson (WI) Roberts Cruz Lee Coons Levin Schatz Crapo Kirk Enzi McCain Vitter Donnelly Manchin Schumer Cruz Lee Fischer McConnell Wicker Durbin Markey Shaheen

VerDate Sep 11 2014 05:01 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.030 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6254 CONGRESSIONAL RECORD — SENATE December 2, 2014 Stabenow Udall (NM) Warren The legislative clerk called the roll. Press Club. Senator SCHUMER is not Tester Walsh Whitehouse Udall (CO) Warner Wyden Mr. DURBIN. I announce that the just a senior Senator from New York; Senator from Louisiana (Ms. LAN- he is an important Member of the NAYS—39 DRIEU) is necessarily absent. Democratic leadership here in the Sen- Barrasso Graham Moran Mr. CORNYN. The following Senators ate. Blunt Grassley Paul are necessarily absent: the Senator While giving the speech about the Boozman Hatch Portman Burr Heller Risch from Oklahoma (Mr. COBURN) and the midterm elections, he said what many Chambliss Hoeven Roberts Senator from Mississippi (Mr. COCH- Members on this side of the aisle have Coats Inhofe Rubio RAN). been saying for the last 4 years, and Corker Isakson Scott that is that the Democratic party, by Cornyn Johanns Sessions The PRESIDING OFFICER. Are there Crapo Johnson (WI) Shelby any other Senators in the Chamber de- making the passage of ObamaCare Cruz Kirk Thune siring to vote? their top priority after they won the Enzi Lee Toomey The yeas and nays resulted—yeas 54, election of 2008, ‘‘blew the opportunity Fischer McCain Vitter the American people gave them.’’ He Flake McConnell Wicker nays 43, as follows: [Rollcall Vote No. 300 Ex.] said they did so by focusing ‘‘on the NOT VOTING—4 wrong problem.’’ YEAS—54 Begich Cochran What I think he meant and went on Coburn Landrieu Baldwin Harkin Nelson to say is that they should have focused Begich Heinrich Pryor The PRESIDING OFFICER. On this Bennet Heitkamp Reed on the lack of jobs and the wage stag- vote, the yeas are 57, the nays are 39. Blumenthal Hirono Reid nation for hardworking, middleclass The motion is agreed to. Booker Johnson (SD) Rockefeller families in America. Boxer Kaine Sanders As he pointed out, that broader group f Brown King Schatz Cantwell Klobuchar Schumer of the middle class represented a much NOMINATION OF CHARLOTTE A. Cardin Leahy Shaheen larger segment of the electorate than BURROWS TO BE A MEMBER OF Carper Levin Stabenow just a small percentage of the elec- THE EQUAL EMPLOYMENT OP- Casey Manchin Tester Coons Markey Udall (CO) torate represented by the uninsured. I PORTUNITY COMMISSION Donnelly McCaskill Udall (NM) would add, parenthetically, that we The PRESIDING OFFICER. The Durbin Menendez Walsh know that even the best laid plans with Feinstein Merkley Warner the Affordable Care Act has proven to clerk will report the nomination. Franken Mikulski Warren The legislative clerk read the nomi- Gillibrand Murphy Whitehouse be a terrible failure. nation of Charlotte A. Burrows, of the Hagan Murray Wyden Today the Wall Street Journal reported that between 2007 and 2013 District of Columbia, to be a Member NAYS—43 of the Equal Employment Opportunity health insurance premiums for an aver- Alexander Flake Murkowski age middleclass American family have Commission. Ayotte Graham Paul Barrasso Grassley gone up by 24 percent. As we know, f Portman Blunt Hatch Risch when the President said if you like CLOTURE MOTION Boozman Heller Roberts your doctor, you can keep him, that Burr Hoeven Rubio proved not to be true. When he said the The PRESIDING OFFICER. Under Chambliss Inhofe Scott family of four would see their pre- the previous order, there will be 2 min- Coats Isakson Sessions Collins Johanns Shelby miums go down by $2,500, that ended up utes of debate prior to a vote on clo- Corker Johnson (WI) Thune not to be true either. ture on the Lopez nomination. Cornyn Kirk Toomey Two weeks ago, despite the over- Mr. CARDIN. I yield back all remain- Crapo Lee Vitter whelming rejection the President’s ing time. Cruz McCain Enzi McConnell Wicker policies received at the polls, the Presi- The PRESIDING OFFICER. Without Fischer Moran dent then decided to circumvent Con- objection, all time has been yielded NOT VOTING—3 gress and take Executive action on im- back. Coburn Cochran Landrieu migration, far exceeding any arguable Pursuant to rule XXII, the Chair lays authority that I believe most lawyers The PRESIDING OFFICER. On this before the Senate the pending cloture would think he has. Certainly, while vote, the yeas are 54, the nays are 43. motion, which the clerk will state. we recognize it is within the Presi- The motion is agreed to. The assistant bill clerk read as fol- dent’s discretion to prioritize the peo- lows: f ple against whom enforcement action CLOTURE MOTION NOMINATION OF P. DAVID LOPEZ will be taken, there is no legal author- We, the undersigned Senators, in accord- TO BE GENERAL COUNSEL OF ization for doing other things he pur- ance with the provisions of rule XXII of the THE EQUAL EMPLOYMENT OP- ports to have the authority to do, such Standing Rules of the Senate, hereby move PORTUNITY COMMISSION as issuing work permits. to bring to a close debate on the nomination Then there is this. Just when it The PRESIDING OFFICER. The of P. David Lopez, of Arizona, to be General seemed that the Senate was beginning Counsel of the Equal Employment Oppor- clerk will report the nomination. to work on avoiding a retroactive tax tunity Commission. The assistant bill clerk read the increase for millions of Americans, the Harry Reid, Tom Harkin, Patrick J. nomination of P. David Lopez, of Ari- President threatened to veto an impor- Leahy, Patty Murray, Tom Udall, zona, to be General Counsel of the Brian Schatz, Charles E. Schumer, Bar- tant tax relief package, which, as I Equal Employment Opportunity Com- bara Boxer, Benjamin L. Cardin, Rich- said, had bipartisan support, including ard Blumenthal, Jeff Merkley, Al mission. the support of the majority leader, The PRESIDING OFFICER. For the Franken, Robert P. Casey, Jr., Martin Senator REID, and Senator SCHUMER, Heinrich, Elizabeth Warren, Richard J. information of the Senate, with respect the senior Senator from New York. He Durbin, Christopher Murphy to the votes to confirm the Coloretti did so because it did not include every The PRESIDING OFFICER. By unan- and Adler nominations, the motions to single provision he thought it should imous consent, the mandatory quorum reconsider are considered made and include. call has been waived. laid upon the table, and the President If we have not learned before, we The question is, Is it the sense of the will be immediately notified of the should now know that if you insist on Senate that debate on the nomination Senate’s action. absolute perfection—in other words, of P. David Lopez, of Arizona, to be The Senator from Texas. you want everything you want, and the General Counsel of the Equal Employ- THE ECONOMY alternative is nothing—then most of ment Opportunity Commission, shall Mr. CORNYN. Madam President, last the time you are going to get nothing. be brought to a close? week, before the Thanksgiving holiday, That is what taxpayers are getting The yeas and nays are mandatory our colleague from across the aisle, the when it comes to aborting this retro- under the rule. senior Senator from New York, gave a active tax provision in the so-called The clerk will call the roll. very significant speech at the National tax extenders bill.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.028 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6255 To again quote our good friend from Unfortunately, the President has permarket is at 17,000-plus. What does New York, by threatening to veto this sisted in his attitude of refusing to ne- that mean? It means that people who job-creating tax relief, it appears that gotiate with Congress, resulting in an- have retirement accounts, such as the President has once again focused other missed opportunity, and ulti- 401(k)s or 529s—putting money aside for on the wrong problem and is certainly mately another short-term fix that will their kids’ education—have had their going about this in a nonproductive provide no long-term certainty to tax- value come back. and unconstructive way. It is unfortu- payers struggling in the Obama econ- For my home State, which receives a nate because the President seems to be omy. benefit called the permanent fund positively allergic to good-faith nego- Come January, there will be a new check—we invest in the stock market tiations and genuine compromise. majority in the Senate that will make with oil revenues we put aside con- Again, if your attitude is ‘‘my way or the priorities of the American people stitutionally, and it is put in the per- the highway,’’ you are going to get the the priorities of Congress. As for Presi- manent fund and a check is issued once highway all the time because that is dent Obama, we can only hope he will a year. Guess what? This year the not how our democratic institutions somehow have an epiphany and decide check is double from what it was last work. The only way things work is for to work with us to unite the country year. Why is that? Because it works on us to find common ground and to com- rather than continue to divide the a 5-year average. Going backwards—I promise. Yet the President’s attitude country with more Executive actions took the year 2009 off; it was a very bad seems, unfortunately, out of touch. He and his harmful ‘‘take it or leave it’’ year—what happened to the permanent seems more interested in getting his approach to governing. fund check? It doubled this year in way by any means necessary—hence, I yield the floor. Alaska, which meant that people got the Executive action on immigration. The PRESIDING OFFICER. The Sen- that money in their pocket and spent We increasingly know that actions ator from Alaska. it on the economy and helped to grow are dividing the country and hurting Mr. BEGICH. Madam President, I was the economy. hard-working Texans and American not intending to come down here. I was Where is unemployment today? It is families across the Nation—and not getting ready to leave to see my 12- at 5.8 percent nationally—a 50-percent just by not contributing to the solu- year-old son who just got home from drop. GM, Ford, and Chrysler have tion but by being a positive obstacle to school and make sure that he has din- added 500,000 jobs since mid-2009. bipartisan resolutions of so many of ner and do all the things that a parent I know that today was like revi- these problems. I realize the President would do, but I heard a speech earlier sionist history. Amnesia has set into must think that it is much easier to today—and I just heard another one— some people over there. They want to issue Executive orders and threaten to and it is like revisionist history. It is recreate the news because the good veto legislation from the White House, amazing to me to hear them talk about news is hard to talk about because it is but it was not helping to solve prob- information that they claim is infor- reality. lems we were sent here by our con- mation—and really when you listen Now, there is still a challenge. The stituents to solve. carefully, it is really more of the same. Presiding Officer has talked about this There is no real reason preventing us I agree with my colleague who was a great deal, and that is that people are from getting to the tax relief I men- just here that people want something still working harder and longer because tioned earlier that the President said different as the new Congress comes in. the incomes have not gone up enough. he would veto. For years House and I will not be here, as the Presiding Offi- They have not seen it come down to Senate Republicans—often with signifi- cer knows, but that does not mean I them yet, but they have seen it in cer- cant bipartisan support—have focused will not be a participant in my commu- tain elements. Housing prices are up. on making progrowth provisions of the nity and also making comments when I In the one single largest investment an Tax Code permanent, such as the re- hear things. But what I heard was they individual makes in a lifetime—their search and development tax credit, ac- are going to finally get to economic de- housing prices are back up. celerated depreciation, for example, velopment and improve the economy. Gasoline prices—I have no idea if my and the section 179 provision. The two Members who spoke today colleagues fill up their cars with gas. I To show how counterproductive it is whom I heard were here when I came to do. I know what it costs to fill up my for us to do these on a short-term basis the Senate in 2009, and a few years tank, and it costs less now. The aver- or to try to jam them through a lame- later the Presiding Officer came to the age price across the country now is duck session, I had a farmer from Senate. People may have forgotten about $2.77. In my State, it is about Texas come and see me. He said: I am where this economy was in 2009. The $3.35. But we were up to $5 in the urban prepared to spend and invest $200,000 on stock market was in dismal shape. I be- areas—but not anymore. my farm if I know this tax provision is lieve it was around 6,500 or 6,800—some- I saw the statistic today, and I wrote going to be the law. If it is not, I won’t. where in that range. Unemployment it down. I think I have this right. The To me, that is just another example of was at 10 percent, and the pundits and price of oil has gone down and so has how what we do here—or what we don’t economists all said it was growing. Ap- the price of gasoline. What does that do here—has a negative impact on our proximately 700,000 jobs were lost per save consumers every day? It saves economy and on investment in job cre- month. Two of the three largest U.S. consumers $630 million a day in current ation. automobile companies were basically prices. It means that consumers are While I know the bipartisan package on their back and about to go bank- benefiting from that. proposed last week was not perfect, it rupt. New housing starts didn’t exist, When you look at job growth—I be- certainly would have moved us in the and prices of homes across the country lieve we are in our 55th straight month right direction. It would have provided were crashing. Consumer confidence of private-sector job growth. Again, we some certainty—indeed permanency— was at the lowest point I have ever don’t have it fully trickling down to for some tax provisions and would have seen in I don’t know how many years. the wages yet, but first we have to provided some temporary relief on oth- The deficit was—annually—about $1.4 right the economy. I know the voters ers. Perhaps most importantly, it trillion. have made a decision. Before I came in, would have sent a signal to our con- I know what happens these days—be- the economy was a disaster. Before the stituents that we got the message that cause I have experienced it for the last Presiding Officer came in, the economy was delivered to us on November 4, and several years—is news by the minute. was barely recovering. But I will not that we are going to commit ourselves What happens today in this moment of sit here and listen to revisionist his- anew to try to work together to pro- time are these one-liners and I can tell tory. vide certainty and protect millions of they are very synchronized today. As a matter of fact, the consumer Americans from tax hikes that are just They said that the economy was bad, confidence level is the highest this right around the corner and work on and is still bad, and the bright spot is month since 2007. That means con- other constructive proposals to help around the corner. sumers are finally feeling it a little bit. solve problems that affect the middle Actually, you have to look at where There is still more to go. But to pre- class. we are today, 6 years later. The stock tend that nothing has happened over

VerDate Sep 11 2014 05:01 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.037 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6256 CONGRESSIONAL RECORD — SENATE December 2, 2014 the last 6 years—I can’t use the words As a matter of fact, we had it in the bers tell us differently. Actually, even on the floor here because it would be minimum wage bill we brought to the the conservative Forbes, Wall Street disrespectful—is just not true. It has floor, the 179 extension, which they Journal, and all of these other maga- changed. We still have more work to voted against, they did not support— zines and newspapers that I read are do. raising the minimum wage, bringing now talking about how the economy is As a matter of fact, the tax extender people out of poverty and, by the way, moving because we have had this con- bill—the items they didn’t want to sup- helping small businesses expand and in- secutive pattern which really tells how port permanently would have brought vest so they can grow more. As some- the economy is improving. That is im- it to every single family that is still one who used the 179 more than once— portant. struggling. But I know there are tax as a matter of fact, my wife has small The last thing I will say from a pure- provisions they want for the NASCAR businesses and is now expanding and ly Alaska perspective is not only are owners, the horseracing owners. I get investing and is using the 179 deprecia- exports important to us because we do that. Those are their issues. I under- tion. I hear what they are saying, but a lot of business overseas—we have stand that. But we have to be realistic. I don’t know if they understand how it seen exports increase. Our unemploy- Also, the deficit. Think about this. is used. When we had the minimum ment in Anchorage, for example, the When I came to the Senate in 2009, the wage bill, coupled with 179, it seemed city I am from, is 4.9 percent—a pretty annual deficit in this country was $1.4 to make a lot of sense, but they didn’t good economy. Our fisheries industry, trillion. Today, it is $480 billion. It has like that, either. which I know the Presiding Officer and dropped by $1 trillion per year. Now do So I wanted to come to the floor be- I share—78,000 jobs are connected to we want it to be zero? Yes. Do we want cause I think it is important that we, that—a $5 billion, almost $6 billion in- to have a surplus so we can start pay- No. 1, don’t take things out of context. dustry. Our tourism industry is up, ing off the debt? Absolutely. But we They mentioned Senator SCHUMER’s with 2 million overall visitors to our have to get recovery first—get some speech several times. They should read State, again, generating income. There treatment, which is what we have been the whole speech, because I think they is more activity happening around the doing—and then reinvest in the future. selected verbiage. I don’t agree 100 per- country than ever before, and my State That means infrastructure, education, cent with his comments, but I agree is seeing it every single day. and objectives that matter to everyday with the concept. We actually did two But to come to the floor and con- Americans and everyday Alaskans. things. We worked on health care and tinue to be naysayers and talk about I sit here and listen to these com- we worked on the economy. I see peo- how bad things are is really not respon- ments. Today it happened a little bit ple sometimes when they eat their sible. We have done a great job. Can we before 12:30 p.m., before our caucus food, they eat one piece at a time— do better? Absolutely. That is what we break, because we usually break at their carrots first, and then their po- strive for every single day. And I 12:30 p.m. and I was going to go home. tato, and then their steak. We actually hope—and I say this to the Presiding I turned on—my mistake. I turned on did a little bit of everything. We dealt Officer because I will not be here after the station and I heard the com- with health care, because it was crush- January—that they don’t take the po- mentary and I thought, Jacob is going ing the economy, but we dealt with the sition where they are mad at immigra- to have to wait a little bit for dinner economy overall. We had to take votes tion so now they are not going to do and I am going to come to the floor, because it is amazing to me. Exports— on a regular basis that the other side these economic development issues, or businesses we create in this country we would never do, because we bet on they are mad at something else and ship out, up 37 percent over the last America. And the result is 6 years they take it out on some other pro- several years. I will give an example of later, here we are. The economy is bet- gram. We are going to have—the Pre- a company in Alaska. When I was cam- ter. It is stronger. It needs more work, siding Officer will have differences paigning, I ran into this company in there is no question about it. We need with her colleagues, on immigration, Fairbanks. They had their manufac- to get the deficit to zero and get a sur- maybe, on health care, on the econ- turing plant in China. Do my col- plus, and knock the debt down. That omy, but we have to find common leagues know where they have it now? was driven up not just by this adminis- ground. The economy is a constant It is in Fairbanks, AK. They moved it tration but by past administrations as issue, and where investments should from China to Fairbanks. I told them well. They forgot about the two wars happen if we really want to have an im- they should put a 4-by-8 sign out there they didn’t pay for. The extender bill is pact down the road is investing in in- and say, We take jobs from China and not paid for. We didn’t hear one word frastructure, education, relieving—as bring them home. They are all good about how that tax extender bill is not the Presiding Officer has tried to do— jobs. As a matter of fact, they are going to be paid for. It is going to be relieving debt from students and fami- union jobs. So when people talk about another part of the debt. But 4 or 5 lies. There is now a $1.4 trillion debt, I how unions are destroying the coun- months ago—my colleagues may re- think, on families for student loans. It try—they actually brought jobs back member this—we were on the floor de- is outrageous. We should be lowering that are union jobs, paying good wages, bating veterans care, and all they said those rates. good benefits, and took it from China is how are we going to pay for it. Well, Also, as tax reform issues come up, and brought it to Fairbanks, AK. It is the veterans paid, but we had to find a which they will next year, I hope the unbelievable what they do. They do way. But here we are going to give Senate and the House look at objec- business not only in Alaska, but in Ha- more corporate tax relief without pay- tives such as making a big impact for waii and other places. ing for it—except actually we do pay individual families, lowering the rates I listened over and over again today, for it. Everyday Americans will pay for for individual families, hard-working and I want to make sure people—also I it with their taxes, and the debt, and families, if we want to put cash in their should mention housing prices are up, interest on the debt. So we have to be pockets, if we want to change the dy- new housing starts are up, which is im- clear about that. namics, give them more of their money portant for the construction industry. I think about where we were, what back, not the top 1 percent or even the It creates jobs and makes sure we have we did, and where we are. It is signifi- top 10 percent, but I am talking about competition so prices are stabilized cantly different than 6 years ago. It is the folks we see every day—I see every over time. Retail sales are strong. I better. I agree there is more work to be day—out there working hard. We need have no idea if my colleague who spoke done to make sure we get more of the to make sure they can start putting earlier has ever been in business. He revenue stream and opportunities in money aside for college education for talked about the 179 depreciation. I the hands of individuals—hard-working their kids, putting money aside for re- have actually used it because I have Alaskans, hard-working folks from tirement, spending more in the econ- been in small business. I have no idea if Massachusetts, and hard-working folks omy, because maybe that car that is 15 he understands how it works, but for across this country. That is our next years old isn’t running so well any- small businesses, it is a big deal. It is obligation. But to come to the floor more. That is what I hope we do. Indi- why Democrats have supported that and say the economy is a disaster is ir- vidual relief is more important than time and time again. responsible. It is not correct. The num- corporate relief or the top 1 percent.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.039 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6257 On top of that, when we talk about Wake Up’’ speech and to ask this body nerable to climate disruption. These corporate tax relief, never forget who to wake up to the effects of climate are major line items in the Federal really is driving the economy. It is the change and to say this: Acting on this budget. small business owners, including the issue will accelerate economic growth, Our Treasury Secretary, Jack Lew, limited liability corporations, the sub- spur innovation, and create jobs. recently explained: chapter S corporations, the sole propri- We have settled any real argument If the fiscal burden from climate change etor individuals. They all get taxed by about the leading cause of climate continues to rise, it will create budgetary individual rates. We will hear about change. It is carbon pollution. Meas- pressures that will force hard trade-offs, corporate rate relief, which is impor- urements in the atmosphere and oceans larger deficits or higher taxes, and these tant to be competitive, but that is for reveal dramatic, even unprecedented tradeoffs would make it more challenging to the big guys. But the guys we see every changes in the climate. invest in growth. day—when we go to the cleaners, a sole Our scientists know carbon pollution One example—just one. Last month, proprietor; go to a restaurant, sole pro- heats up the climate and acidifies the in the GAO report on what climate prietor, maybe it is an LLC—they are ocean. That is beyond debate. They change means for private and Federal not going to see that benefit unless we know this is already a problem for insurance for crops and for floods, it lower the rates for them. That is what Americans and the world. warned of increased hurricane-related we should be doing if we want to make We had wonderful testimony from a losses to the Federal program. They es- a difference for them. Because they NASA scientist today in the Environ- timated between a 14- and 47-percent will use the 179 depreciation. The 179 ment and Public Works Committee increase by 2040 and a 50- to 110-percent has a limit. The big boys use it a little who talked about what they actually increase over the next century due to bit, but the limit is really designed for see when they look down from the sat- climate change. Remember, when you small businesses to reinvest. But if ellites. are doubling a number like that, you their tax rates are still too high, they They take measurements. They are are starting with a pretty big baseline. won’t be able to take advantage of that not hypothesizing. They actually meas- Superstorm Sandy wrought $66 bil- as much as they can. We want them to ure these things. The scientists know lion in damage in 2012. If we are con- take advantage. that continued, unchecked emissions of stantly replacing damaged roads and I didn’t mean to take time here at carbon dioxide will push the climate bridges, always adapting farming and the end of the evening. I know lots of and the oceans into dangerous unchart- fishing practices to suit never-seen-be- times people want to get out. But, hon- ered new territory. fore conditions, and frequently paying estly, I couldn’t sit there and listen to In the face of overwhelming evidence out big disaster relief and flood insur- the revisionist history that continues of climate change, some of our Repub- ance claims, that will hit the Federal to go on. The elections are over. I know lican colleagues—just a few—are begin- pocketbook hard. now it is called the Obama economy. ning to move beyond denial of basic We do not even have to look to the That is a new phrase. It is really col- measurements and basic classroom costs of the future to justify reducing lectively all of our economy, because science and beginning to talk about the carbon pollution today. Increasingly, we participated in trying to save it. costs of action. That is progress. When green energy makes economic sense for They have objected to it for the last 6 he was asked recently about climate utilities, for business, and for con- years, so by their objection, they get to change, the junior Senator from South sumers. Since 2008, prices for solar pho- be a part of not having the result that Dakota acknowledged there are a num- tovoltaic have dropped 80 percent—80 maybe they wanted, but the result is ber of factors that contribute to that, percent. Austin Energy in Texas re- the economy is much better. We need including human activity. The ques- cently signed a power purchase agree- to do more work to make sure it gets tion is, he went on to say, what are we ment for a 150-megawatt solar plant at into the hands of the individual out going to do about it and at what cost? 5 cents per kilowatt hour—less expen- there. I know that is a priority to the Across the building, over on the sive than comparable offers for natural Presiding Officer. But if I continue to House side, Congressman PAUL RYAN of gas at 7 cents, coal at 10 cents, or nu- hear it, I will continue to come to the Wisconsin has also been talking about clear power at 13 cents. The story is floor and speak, because people can’t the costs of action. In his most recent similar for wind power. Since 2009, the get away with just saying over and campaign for reelection, he said that cost of wind power has decreased by 64 over again that they are stating the when it comes to action to reduce car- percent. At the lowest end of the price facts, because the facts are very clear bon emissions, ‘‘the benefits don’t out- range nationally, unsubsidized wind as I just stated. The stock market has weigh the costs.’’ power prices are just below 4 cents per gone up. Unemployment has dropped. Let’s talk about that. When we get kilowatt hour. This compares favor- Housing is up. Housing starts are up. past the denial, which with a few of our ably to new coal generation, priced be- The two largest automobile companies, colleagues it seems we have—not all, tween 6 and 7 cents per kilowatt hour all three of them now, over a half a maybe not even many, but a few—and at the lowest end. million new jobs. Fifty-five consecu- we talk about balancing costs and ben- The World Resources Institute has tive months of growth. That is all good efits, if we look at the whole ledger, just done a brief report called ‘‘Seeing news and we should be proud of it. The there is no doubt about it that the bal- is Believing: Status of renewable en- Presiding Officer should be proud of it ance favors action. ergy in the United States.’’ It is head- and the Senate should be proud of it. Climate change carries enormous lined ‘‘Wind & solar are cheaper than But there is no room for revisionist costs to our economy and to our way of coal & gas in a growing number of mar- history when we talk about the fact of life. Acting now can accelerate eco- where we were 6 years ago and where kets.’’ It lists sales in Utah, Colorado, nomic growth and create new jobs. The we are today. Texas, Georgia, and Minnesota—not I appreciate the time and yield the costs of climate change are huge. We States that have a lot in common ex- floor and suggest the absence of a even hear this from our own advisers at cept that renewables are beginning to quorum. the Government Accountability Office. outcompete fossil fuels in those States. The PRESIDING OFFICER. The In its 2013 high-risk list, our Govern- Similarly, the New York Times just clerk will call the roll. ment Accountability Office said that last week in its business section high- The assistant legislative clerk pro- climate change poses a significant risk lighted this shift in an article: ‘‘Solar ceeded to call the roll. to the U.S. Government and to our Na- and Wind Energy Start to Win on Price Mr. WHITEHOUSE. I ask unanimous tion’s budget. Why? The Federal Gov- vs. Conventional Fuels.’’ consent that the order for the quorum ernment owns and operates infrastruc- I ask unanimous consent that the call be rescinded. ture and property that is vulnerable to World Resources Institute report and The PRESIDING OFFICER. Without the effects of climate change. The Fed- the New York Times story be printed objection, it is so ordered. eral Government provides aid and dis- in the RECORD at the conclusion of my CLIMATE CHANGE aster response when State agencies are remarks. Mr. WHITEHOUSE. Madam Presi- overwhelmed. The Federal Government Green energy jobs—they are out dent, I am here for my 81st ‘‘Time To is an insurer of property and crops vul- there. They are helping communities.

VerDate Sep 11 2014 05:22 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.041 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6258 CONGRESSIONAL RECORD — SENATE December 2, 2014 Indeed, they are helping communities their electric bills. It will have added tivities. Externalities occur when a product recover from the great recession. Let $1.6 billion into local economies. Along or activity affects people in ways that are me use a Rhode Island example—TPI the way, those RGGI States will have not fully captured in its price, such as the full health effects of air pollution not being Composites. TPI has a development added 16,000 job years. Additional in- factored into the cost of electricity genera- and manufacturing facility in Warren, vestments are coming online because it tion. Thus, society rather than the company RI. It is also one of our leading manu- is such a successful program. So those pays the cost. facturers of wind turbine blades. They benefits also grow. Rhode Island has Why are we in this fight? Because make them in Iowa. When the Maytag put over 90 percent of the money gen- there are a lot of companies that folks plant closed in Newton IA, leaving as erated through the RGGI auctions into on the other side are supporting and many as 4,000 workers jobless, wind energy efficiency improvements, help- representing here that have been the jobs helped the town get back on its ing residents save money on their util- winners in that fight. They have had feet. In 10 years TPI has manufactured ity bills and making small businesses those polluting externalities work in more than 10,000 wind turbine blades. more competitive. This success led their favor. They have enjoying that In Iowa, MidAmerican Energy pays Tom Wolf, the Governor-elect of Penn- unfair advantage. They do not want to farmers thousands of dollars each year sylvania—a coal mining and natural give it up. But as the report continues, to site their turbines on their farms. gas State—to campaign for office suc- the well-designed policies can over- The farmers love it. They can farm cessfully on joining RGGI. come those market barriers and direct right up to about 25 feet around the RGGI shows that improving the envi- investment into beneficial technologies base of the turbine. There is a little ronment boosts the economy. Look and practices. New policies can en- gravel road for the maintenance north to Canada. British Columbia has hance the transition to a low-carbon trucks, but they can farm right up to a revenue-neutral carbon fee that has economy while delivering net economic that. They get paid for having the tur- reduced the use of polluting fossil fuels benefits and, in many cases, direct sav- bines on their farms. So it is a win-win by 16 percent. What has happened to ings for consumers and businesses. So that has helped Iowa generate more the economy? The BC economy has not that is pretty good news. than one-quarter of its electricity from missed a step. The carbon fee revenue Equally important, taking action wind. has been used to lower personal and helps to reduce the worst effects of cli- They are investing more. They have corporate rate income taxes. British mate change—what is coming at us. Do been reducing emissions and moving Columbia now has the lowest personal not just take my word for it. Many the State’s economy forward—step by tax rate in Canada. conservative economists, writers, and step reducing emissions and moving If our Republican colleagues would officials see the benefits of market- the economy forward. More and more like to lower our American corporate based climate action. ‘‘A tax on car- companies, in their own planning, are and individual taxes, then I have a rev- bon,’’ wrote Hudson Institute econo- seeing the economic benefits from enue-neutral carbon fee bill I am happy mist Irwin Stelzer, ‘‘need not swell the cleaning up their supply chains and re- to discuss with them. Evidence from government’s coffers—if we pursue a ducing carbon pollution from their op- Rhode Island to British Columbia second, long-held conservative objec- erations. They see green investments shows that action on carbon pollution tive: Reducing the tax on work. increasing profits. ‘‘Too many people spurs innovation, creates jobs, and eco- He continues: say it’s this or that,’’ Apple CEO Tim nomically boosts families and busi- It would be a relatively simple matter to Cook explained earlier this year. nesses. arrange a dollar-for-dollar, simultaneous re- ‘‘We’ve found that if you set the bar Today I discussed this larger report, duction in payroll taxes. . . . Anyone interested in jobs, jobs, jobs should find this an high, then it’s possible to do both.’’ again from the World Resources Insti- Outside these walls here in Congress, attractive proposition, with growth-minded tute, which is a group that has, for in- conservatives leading the applause. where the deniers rule and polluter stance, executives from Alcoa and Cat- That is the economics of it unless money reigns, State and local political erpillar on its board. This is not some leaders also see that reducing carbon you are shilling for the folks who have fringe group; it is a very responsible or- had the unfair advantage and want to pollution and growing the economy go ganization with significant corporate hand in hand. Almost 10 years ago, the keep it, but that is not market based, and international leadership. that is not economics, that is just tak- Presiding officer’s State and my State Here is the lead sentence: and others—bipartisan—nine north- ing care of special interests. A growing body of evidence shows that eco- A recent joint report from econo- eastern Governors came together and nomic growth is not in conflict with efforts mists at the Brookings Institution and formed the Regional Greenhouse Gas to reduce emissions of greenhouse gasses. the conservative American Enterprise Initiative, called RGGI, which caps car- It continues: Institute described human-induced bon emissions and sells permits to pow- Policies are often necessary to unlock greenhouse gas emissions as a textbook erplants to emit greenhouse gasses. these opportunities, however, because mar- example of a negative externality. The Since the program started, RGGI ket barriers hamper investment in what are report proposed—guess what—a rev- States that have cut emissions from otherwise beneficial activities. enue-neutral carbon fee program as the the power sector have cut them by 40 That is what we are about here. efficient and elegant approach to man- percent. Unlock those opportunities for our aging carbon pollution. Here is the blue line. That is the economy. On the downside—here is the According to the report’s authors: emission chart from 2005 through 2012. first chapter heading: ‘‘Delaying action Taxing something we do not want (e.g. Well, if cutting emissions was bad for will have significant economic im- greenhouse gas emissions) rather than some- the economy, you would think that the pacts.’’ thing we want more of (e.g., productive labor State GDP would have followed down- Climate change itself constitutes a signifi- and investment) could help lower the econ- ward in that curve, but, in fact, you see cant risk to the nation’s economy. omy-wide cost of the program and may even that the regional economy across these have economic benefits in addition to its en- The downside is on doing nothing, ac- States actually grew by 7 percent— vironmental benefits. cording to this report. The upside is on grew by 7 percent. Bear in mind, this is Today, in the Environment and Pub- changing our policies to seize those op- 2008, the great recession. lic Works Committee, I had a conversa- Here we are now. So you would think portunities. Why are we here fighting tion with a Heritage Foundation wit- that during this period the GDP num- about this? Well, again, to quote the ness in which I read to the witness a bers would have taken a pounding. The report: very similar quote from the economist underlying numbers are actually better The persistence of pollution externalities— Arthur Laffer, Reagan’s economist, than this once you adjust for the reces- ‘‘Pollution externalities’’ means saying: A carbon fee—where you tax sion. when the cost of your product—you can the product in the ground and relieve Early estimates show that in its first ship off to somebody else and make taxes on work and effort by people—is decade, RGGI will have saved New Eng- them have to take care of it. a net win for the economy. land families and businesses in the par- The persistence of pollution externalities I asked the witness what he thought ticipating States nearly $1.3 billion on gives an unfair advantage to polluting ac- about that, and he couldn’t dispute it.

VerDate Sep 11 2014 05:01 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.043 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6259 In fact, he considers himself to be can open the U.S. up to new areas of wind de- wind farm expected to be completed next something of an acolyte of Arthur velopment. year. Grand River estimated the deal would Laffer’s, so there is actually a lot of Long-term regulatory certainty is needed save its customers roughly $50 million from economic support for it. through a price on carbon (like a carbon tax the project. or cap-and-trade), or greenhouse gas stand- I will conclude by saying, if the topic And, also in Oklahoma, American Electric ards for existing power plants. Power ended up tripling the amount of wind is now not going to be denial but it is Additional important policy signals in- power it had originally sought after seeing going to be the cost and benefits of cli- clude: States and utilities should ensure that how low the bids came in last year. mate action, I am ready to have that renewable energy providers have access to ‘‘Wind was on sale—it was a Blue Light conversation all day long. Let’s just long-term contracts, which could reduce the Special,’’ said Jay Godfrey, managing direc- make sure it is the whole conversation, average electricity costs of wind and solar tor of renewable energy for the company. He not just the half of the conversation projects by 10–15 percent. Major corporations noted that Oklahoma, unlike many states, that looks at what losing their subsidy are already taking advantage of electricity did not require utilities to buy power from price savings from these long-term con- renewable sources. means for the big oil companies, the tracts, and are asking for access in more big coal companies, the Koch brothers ‘‘We were doing it because it made sense states through the Corporate Renewable En- for our ratepayers,’’ he said. and the rest of the polluters. ergy Buyers’ Principles. According to a study by the investment A lot of my colleagues only look at Congress should address the design flaw of banking firm Lazard, the cost of utility-scale renewable tax incentives so that more of the one side of the ledger, how this affects solar energy is as low as 5.6 cents a kilowatt- value of the credit flows to project devel- the fossil fuel lobby. If we look at the hour, and wind is as low as 1.4 cents. In com- opers (as opposed to third party investors) whole ledger, if we look at both sides, parison, natural gas comes at 6.1 cents a kil- without increasing the cost to taxpayers, for when we look at all the evidence, it owatt-hour on the low end and coal at 6.6 example by making the tax incentive ‘‘re- cents. Without subsidies, the firm’s analysis tells us one thing; that is, that the fundable’’. shows, solar costs about 7.2 cents a kilowatt- costs of climate change are already Renewable projects can face high financing hour at the low end, with wind at 3.7 cents. here. They are showing up in our lives costs, so financial regulators and lending in- in innumerable ways that carry real stitutions should work together to develop ‘‘It is really quite notable, when compared economic costs and carry real costs in new investment models that lower these to where we were just five years ago, to see the decline in the cost of these tech- terms of quality of life and our identity costs. Bringing more renewables online can be nologies,’’ said Jonathan Mir, a managing di- as a country, and in fact they may rector at Lazard, which has been comparing overwhelm us by century’s end. Look- challenging because the supply varies. States and utilities should update regula- the economics of power generation tech- ing at all the evidence shows us that tions and business models to promote a flexi- nologies since 2008. significant reductions in carbon pollu- ble power grid that uses more storage, dis- Mr. Mir noted there were hidden costs that tion will actually support jobs and in- tributed generation, and demand response. needed to be taken into account for both re- crease economic growth. Federal spending on research and develop- newable energy and fossil fuels. Solar and Finally, a revenue-neutral carbon fee ment in the power sector has fallen 77 per- wind farms, for example, produce power would spur innovative business models cent since 1980, while the power industry intermittently—when the sun is shining or and technological development in the itself spends only .05 percent of its earnings the wind is blowing—and that requires utilities to have power available on call from United States. If we lose this race to on R&D (compared to 11 percent for the pharmaceutical industry and 8 percent for other sources that can respond to fluctua- clean up our carbon mess, one of the computers and electronics). Congress should tions in demand. Alternately, conventional collateral injuries we will sustain is therefore increase federal funding for re- power sources produce pollution, like carbon that we will not have developed a ro- search, development and commercialization emissions, which face increasing restrictions bust clean energy economy and we will of low-carbon and energy-saving tech- and costs. find ourselves buying products from nologies, especially for those that could gen- But in a straight comparison of the costs the Chinese, the Indians, the Euro- erate baseload electricity like geothermal of generating power, Mr. Mir said that the peans, and others. and concentrating solar power. amount solar and wind developers needed to We need to put our industry to the In the absence of other tools to provide earn from each kilowatt-hour they sell from long-term regulatory certainty, EPA has new projects was often ‘‘essentially competi- test. They will rise to it. They always used its existing legal authority under the tive with what would otherwise be had from have. We can trust them. We can count Clean Air Act to propose greenhouse gas newly constructed conventional generation.’’ on them, but giving them a pass does standards for existing power plants. EPA Experts and executives caution that the not serve their interests or ours. This should finalize these standards. low prices do not mean wind and solar farms will drive market forces to decrease can replace conventional power plants any- our emissions and grow our economy. [From the New York Times, Nov. 23, 2014] time soon. We have the tools to do something SOLAR AND WIND ENERGY START TO WIN ON ‘‘You can’t dispatch it when you want to,’’ big. It has been proven in British Co- PRICE VS. CONVENTIONAL FUELS said Khalil Shalabi, vice president for energy lumbia. It has been proven with RGGI. (By Diane Cardwell) market operations and resource planning at Austin Energy, which is why the utility, like All of the economists across the eco- For the solar and wind industries in the others, still sees value in combined-cycle gas United States, it has been a long-held dream: nomic spectrum seem to agree the time plants, even though they may cost more. to produce energy at a cost equal to conven- is right to put a national price on car- Nonetheless, he said, executives were sur- tional sources like coal and natural gas. bon. prised to see how far solar prices had fallen. There being no objection, the mate- That day appears to be dawning. The cost of providing electricity from wind ‘‘Renewables had two issues: One, they were rial was ordered to be printed in the and solar power plants has plummeted over too expensive, and they weren’t dispatch- RECORD, as follows: the last five years, so much so that in some able. They’re not too expensive anymore.’’ According to the Solar Energy Industries [From the World Resources Institute] markets renewable generation is now cheaper than coal or natural gas. Association, the main trade group, the price SEEING IS BELIEVING: STATUS OF RENEWABLE of electricity sold to utilities under long- ENERGY IN THE UNITED STATES Utility executives say the trend has accelerated this year, with several companies term contracts from large-scale solar WIND & SOLAR ARE CHEAPER THAN COAL & GAS signing contracts, known as power purchase projects has fallen by more than 70 percent IN A GROWING NUMBER OF MARKETS agreements, for solar or wind at prices below since 2008, especially in the Southwest. For each region, the average wind power that of natural gas, especially in the Great The average upfront price to install stand- purchase agreement (PPA) is cheaper than Plains and Southwest, where wind and sun- ard utility-scale projects dropped by more new coal plants, new coal and natural gas light are abundant. than a third since 2009, with higher levels of plants, and new coal and natural gas plants, Those prices were made possible by gen- production. even without federal tax incentives. Wind erous subsidies that could soon diminish or The price drop extends to homeowners and PPA data is unavailable in the Southeast re- expire, but recent analyses show that even small businesses as well; last year, the prices gion. without those subsidies, alternative energies for residential and commercial projects fell WELL DESIGNED POLICIES & TECHNOLOGICAL can often compete with traditional sources. by roughly 12 to 15 percent from the year be- IMPROVEMENTS CAN CONTINUE THESE TRENDS In Texas, Austin Energy signed a deal this fore. Prices for solar PV systems have dropped spring for 20 years of output from a solar The wind industry largely tells the same 80 percent since 2008; analysts expect a con- farm at less than 5 cents a kilowatt-hour. In story, with prices dropping by more than tinued decline in the coming years. September, the Grand River Dam Authority half in recent years. Emily Williams, man- New, taller wind turbines with longer in Oklahoma announced its approval of a ager of industry data and analytics at the blades are able to capture more energy and new agreement to buy power from a new American Wind Energy Association, a trade

VerDate Sep 11 2014 05:22 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.046 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6260 CONGRESSIONAL RECORD — SENATE December 2, 2014 group, said that in 2013 utilities signed ‘‘a The PRESIDING OFFICER. Without Caudill, 84, was instrumental in estab- record number of power purchase agreements objection, it is so ordered. lishing the Laurel-London Optimist Club. and what ended up being historically low For many years, he hosted a Halloween prices.’’ f party at his home, giving away bicycles and Especially in the interior region of the MORNING BUSINESS cooking for children of all ages—the prede- country, from North Dakota down to Texas, cessor of the current Optimist Club Hal- where wind energy is particularly robust, Mr. REID. I ask unanimous consent loween party held each year. He served as utilities were able to lock in long contracts that the Senate proceed to a period of president of the local organization several at 2.1 cents a kilowatt-hour, on average, she morning business, with Senators per- times including twice as the Honor Club and said. That is down from prices closer to 5 mitted to speak for up to 10 minutes again as vice president. He served as Lt. Gov- cents five years ago. each. ernor for the Kentucky-West Virginia region ‘‘We’re finding that in certain regions with and was named Optimist of the Year both lo- certain wind projects that these are com- The PRESIDING OFFICER. Without cally and throughout the district. He was peting or coming in below the cost of even objection, it is so ordered. presented with a Lifetime Achievement existing generation sources,’’ she said. f Both industries have managed to bring Award in 2008 for his years of dedicated serv- down costs through a combination of new REMEMBERING JEFF E. CAUDILL ice to the Optimist Club. technologies and approaches to financing Caudill was also known throughout the Mr. MCCONNELL. Mr. President, I community as ‘‘Santa Jeff’’, posing with and operations. Still, the industries are not rise today to honor the life of Mr. Jeff ready to give up on their government sup- children at Walmart for yearly Christmas ports just yet. E. Caudill—a veteran and tireless pub- pictures. He was hand-picked by former Lon- Already, solar executives are looking to lic servant who passed away last don-Laurel County Chamber of Commerce extend a 30 percent federal tax credit that is month at the age of 84. executive director Randy Smith to portray set to fall to 10 percent at the end of 2016. Jeff was born in a log cabin in Viper, Santa Claus in the Christmas parade—a job Wind professionals are seeking renewal of a KY, on January 20, 1930. In order to that Caudill thrived on each year. One year, however, Caudill was hospitalized and was on production tax credit that Congress has al- help support himself and his family, he lowed to lapse and then reinstated several life support and could not fulfill his Santa times over the last few decades. began work in the coal mines with his duties. Senator Ron Wyden, the Oregon Democrat, father and brothers at the age of 14. ‘‘The day of the parade, he had big tears who for now leads the Finance Committee, Without a formal education past the running down his face,’’ his wife said. held a hearing in September over the issue, seventh grade, Jeff decided to join the ‘‘That’s the only Christmas parade he ever hoping to push a process to make the tax U.S. Army, where he proudly served his missed, once even putting on his Santa suit treatment of all energy forms more con- country for 22 years throughout both 10 days after having surgery.’’ sistent. In fact, Caudill had just had his Santa suit ‘‘Congress has developed a familiar pattern the Korean and Vietnam wars. dry cleaned in preparation for this year’s of passing temporary extensions of those in- After his retirement from the mili- Christmas parade. His bag was already half- centives, shaking hands and heading home,’’ tary, Jeff moved back to Kentucky full of candy canes that he always gave out he said at the hearing. ‘‘But short-term ex- where he continued his service to the to children. tensions cannot put renewables on the same community in other ways. Throughout ‘‘He was one of 16 children. They didn’t footing as the other energy sources in Amer- London, KY, he is known as ‘‘Santa have Christmas,’’ Shirley said. ‘‘He didn’t ica’s competitive marketplace.’’ get candy or clothes or toys. That’s why he Where that effort will go now is anybody’s Jeff.’’ Jeff was afforded this nickname in part because his white beard gave worked so hard to make sure other children guess, though, with Republicans in control of had a Christmas.’’ both houses starting in January. him the ability to play the part during Caudill spent 22 years in the U.S. Army, 14 Mr. WHITEHOUSE. I yield the floor, the Christmas season, but also because of which were overseas. He served in Korea and I suggest the absence of a quorum. he could be counted on to serve his in 1947 before going to Japan a year later. He The PRESIDING OFFICER (Mr. DON- community in all seasons. was wounded during a battle but continued NELLY). The clerk will call the roll. Jeff was known to organize clothing to serve his country, moving his family to The assistant legislative clerk pro- and food drives, make hospital visits to various military posts across the world. ceeded to call the roll. the sick and elderly, and captain the After discharge, Caudill was considered 100 Mr. REID. Mr. President, I ask unan- Honor Guard at military funerals. percent disabled, but he continued to honor military heroes through the Disabled Amer- imous consent that the order for the Whatever he could do to better the quorum call be rescinded. ican Veterans organization where he served lives of others, you could count on Jeff on the Color Guard and participated in mili- The PRESIDING OFFICER. Without to deliver. tary funeral tributes. objection, it is so ordered. Jeff Caudill’s life of service to his Funeral arrangements for Jeff Caudill were UNANIMOUS CONSENT AGREEMENT—EXECUTIVE country, community, and family set a pending at London Funeral Home at press CALENDAR shining example for us all to follow. time Friday. Burial will be held at Camp Mr. REID. Mr. President, I ask unan- Therefore, I ask that my U.S. Senate Nelson in Jessamine County. The family imous consent that the previous order colleagues join me in honoring this ex- asks that in lieu of flowers, donations be be modified so the votes originally made to the Jeff Caudill Optimist Scholar- emplary citizen. ship fund to assist local students in their scheduled for 3 p.m. tomorrow now The London-area publication the occur at 5:30 p.m. and that the time fol- college costs. Sentinel-Echo recently published an f lowing the 10 a.m. cloture votes and article detailing the life of Mr. Caudill. 5:30 p.m. be equally divided in the usual I ask unanimous consent that it be REMEMBERING SALVATORE form; further, that notwithstanding printed in the RECORD. FERRARA rule XXII, following the vote on clo- There being no objection, the mate- Mr. DURBIN. Mr. President, Chicago ture on Calendar No. 555, the Senate rial was ordered to be printed in the lost its Candy Man on Thanksgiving proceed to vote on cloture on the nomi- RECORD, as follows: Day. Salvatore Ferrara II passed away nation of Calendar No. 660; that if clo- in Oak Brook, IL. He was the third gen- ture is invoked on either nomination, [From the Sentinel-Echo, Nov. 17, 2014] eration of the Ferrara family who has the time under cloture run consecu- REMEMBERING JEFF given us memories, cavities, and the tively in the order in which cloture was (By Nita Johnson) treats that lit up kids for generations. invoked, with all other provisions of One of the founding members of the Lau- Simply listing their iconic candies the previous order remaining in effect. rel-London Optimist Club and ‘‘Santa Jeff’’ The PRESIDING OFFICER. Without died suddenly at his home Friday morning. takes you back in time: Original Bos- objection, it is so ordered. Jeff Caudill, best known for his efforts in ton Baked Beans at the Saturday mov- Mr. REID. I suggest the absence of a founding the local Optimist Club and for his ies, Red Hots after a sandlot game, quorum. many years of portraying Santa Claus in the Lemonheads at the swimming pool, and The PRESIDING OFFICER. The annual Christmas parade, had ongoing Atomic Fireballs on a dare. A handful health problems. In recent years, he had suf- of Ferrara candy was like a handful of clerk will call the roll. fered two strokes and a heart attack as well The assistant legislative clerk pro- as kidney failure. His wife Shirley said happiness. ceeded to call the roll. Caudill had breakfast Friday morning and Ferrara Pan Candy Company was Mr. REID. Mr. President, I ask unan- was planning his usual daily activities when started in 1908 in Chicago by Mr. Fer- imous consent that the order for the he had ‘‘a massive heart attack’’ that ended rara’s grandfather, the original quorum call be rescinded. his life. Salvatore Ferraro. Its first candy was

VerDate Sep 11 2014 04:25 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.031 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6261 confetti, the candy-coated almonds Dallas, TX. As a senior and team cap- tive and the State Homeland Security Grant served at Italian weddings, symbolizing tain in 1984, David led his team in a Program to work in conjunction with a De- good luck. Nello Ferrara followed his successful 25 and 8 season, earning a partment of Energy national laboratory. dad into the business. place in the NCAA Basketball Cham- H.R. 4924. An act to direct the Secretary of the Interior to enter into the Big Sandy It was Nello who invented the com- pionship. More recently, David was a River-Planet Ranch Water Rights Settle- pany’s lip-puckering Lemonhead member of the 2005 Indiana Basketball ment Agreement and the Hualapai Tribe Bill candies. Little Sal was born with for- Hall of Fame Silver Anniversary Team. Williams River Water Rights Settlement ceps, giving him a temporarily mis- David’s commitment to excellence Agreement, to provide for the lease of cer- shapen head—‘‘like a lemon,’’ his dad extends beyond the court. After grad- tain land located within Planet Ranch on the said. And candy history was made. uating from Southern Methodist Uni- Bill Williams River in the State of Arizona Nello Salvatore’s military service in versity with a degree in marketing to benefit the Lower Colorado River Multi- Japan after World War II provided the communication, David became vice Species Conservation Program, and to provide for the settlement of specific water inspiration for another company clas- president of shared services for the In- rights claims in the Bill Williams River wa- sic—Atomic Fireballs. dianapolis Water Company, now Veolia tershed in the State of Arizona. Sal II joined the family business in Water Indianapolis, VWI. Today, David H.R. 5421. An act to amend title 11 of the the mid seventies. Over the next 40 serves as executive vice president of United States Code in order to facilitate the years, the company would grow from 35 sales, marketing and government af- resolution of an insolvent financial institu- to more than 500 workers, and annual fairs for Veolia Water North America. tion in bankruptcy. revenues soared from $3.5 million to David has dedicated himself to posi- f $300 million. It also acquired another tively impacting communities by cre- MEASURES REFERRED iconic candy: Gummy Bears. ating valuable relationships between Sal Ferrara died of esophageal can- public and private utility firms, in The following bills were read the first cer. His family said he hadn’t smoked order to ensure there are reliable and and the second times by unanimous since 1981. His doctor reportedly linked efficient utilities for Hoosiers and our consent, and referred as indicated: his cancer to acid reflux disease. He Nation. With David’s leadership, VWI H.R. 3410. An act to amend the Homeland was too young—just 63 years old. received the United States Conference Security Act of 2002 to secure critical infra- I want to offer my condolences to Mr. of Mayors’ 2006 Public/Private Partner- structure against electromagnetic pulses, ship Award, as well as the mayor of In- and for other purposes; to the Committee on Ferrara’s friends and family, especially Homeland Security and Governmental Af- his wife Andrea, his children Alana, dianapolis’ Celebration of Diversity fairs. Lauren, Nello II, and Erik, and his Award and the Indiana Minority Sup- H.R. 5421. An act to amend title 11 of the three grandchildren. plier Development Council’s Circle of United States Code in order to facilitate the I join kids and former kids all over Excellence Award a total of three resolution of an insolvent financial institu- America in thanking Sal Ferrara and times. tion in bankruptcy; to the Committee on the his family for so many sweet treats and David has served on the boards of the Judiciary. happy memories. Indianapolis Urban League, Fifth Third f f Bank, Central Indiana Corporate Part- MEASURES READ THE FIRST TIME nership, Indianapolis Sports Corpora- ADDITIONAL STATEMENTS tion, Indiana Business Diversity Coun- The following bill was read the first cil, Greater Indianapolis Chamber of time: S. 2970. A bill to reform procedures for de- RECOGNIZING DAVID GADIS Commerce, the Indiana Chamber of Commerce, the local Big Ten Basket- terminations to proceed to trial by court- ∑ Mr. DONNELLY. Mr. President, ball Tournament Committee, Indianap- martial for certain offenses under the Uni- today, I applaud David L. Gadis, a life- form Code of Military Justice, and for other olis Downtown Incorporated, and is a purposes. long Hoosier, for his induction into the member of the American Water Works Indiana Basketball Hall of Fame and Association. f for his civic leadership in the Indianap- David is a tireless advocate for Hoo- REPORTS OF COMMITTEES olis community. siers and everyone he advises. Whether The following reports of committees Established in 1962, the Indiana Bas- he is inspiring us with his skills on the were submitted: ketball Hall of Fame is dedicated to basketball court or developing better By Mr. CARPER, from the Committee on recognizing Indiana’s basketball leg- municipal infrastructure, David has ends and inspiring the future of basket- Homeland Security and Governmental Af- demonstrated his devotion to civic en- fairs, with an amendment in the nature of a ball in our State. Individuals are eligi- gagement, diversity, and making Indi- substitute and an amendment to the title: ble for nomination 26 years after play- ana an even better place to live. I want S. 1618. A bill to enhance the Office of Per- ing high school basketball, and all to thank David Gadis for his commit- sonnel Management background check sys- nominees are evaluated by a statewide ment to the city of Indianapolis and its tem for the granting, denial, or revocation of board of directors. In recognition of his surrounding communities and con- security clearances or access to classified in- contributions to Indiana basketball, gratulate him once again on his induc- formation of employees and contractors of the Federal Government (Rept. No. 113–283). David Gadis was inducted into the Indi- tion into the Indiana Basketball Hall ana Basketball Hall of Fame earlier of Fame and for all of his outstanding f this year. achievements.∑ EXECUTIVE REPORTS OF Born and raised in northwest Indian- f COMMITTEES apolis, David played in his first com- The following executive reports of petitive basketball league at the age of MESSAGE FROM THE HOUSE nominations were submitted: 7 at Municipal Gardens, where he went At 2:18 p.m., a message from the on to win several AAU-level State House of Representatives, delivered by By Mrs. BOXER for the Committee on En- championships and a few national run- Mrs. Cole, one of its reading clerks, an- vironment and Public Works. *Virginia Tyler Lodge, of Tennessee, to be ner-up titles. While attending Pike nounced that the House has passed the a Member of the Board of Directors of the High School, David broke 15 school following bills, in which it requests the Tennessee Valley Authority for a term expir- records, averaged 25 points per game concurrence of the Senate: ing May 18, 2019. during his senior year, and scored 1,368 H.R. 2455. An act to provide for the sale or *Ronald Anderson Walter, of Tennessee, to career points. David received a number transfer of certain Federal lands in Nevada, be a Member of the Board of Directors of the of awards, including being named team and or other purposes. Tennessee Valley Authority for a term expir- MVP, Conference Player of the Year, a H.R. 3410. An act to amend the Homeland ing May 18, 2019. Street & Smith Magazine All-Amer- Security Act of 2002 to secure critical infra- *Jeffery Martin Baran, of Virginia, to be a structure against electromagnetic pulses, Member of the Nuclear Regulatory Commis- ican, and a 1980 Indiana All Star. His and for other purposes. sion for the remainder of the term expiring success at Pike High School earned H.R. 3438. An act to amend the Homeland June 30, 2018. David a spot on the Southern Meth- Security Act of 2002 to authorize use of By Mr. HARKIN for the Committee on odist University basketball team in grants under the Urban Area Security Initia- Health, Education, Labor, and Pensions.

VerDate Sep 11 2014 05:22 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02DE6.036 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6262 CONGRESSIONAL RECORD — SENATE December 2, 2014 *Lauren McGarity McFerran, of the Dis- (Mr. ENZI) was added as a cosponsor of posed to toxic substances during serv- trict of Columbia, to be a Member of the Na- S. 1011, a bill to require the Secretary ice in the Armed Forces, to establish tional Labor Relations Board for the term of of the Treasury to mint coins in com- an advisory board on exposure to toxic five years expiring December 16, 2019. memoration of the centennial of Boys substances, and for other purposes. *Nomination was reported with rec- Town, and for other purposes. S. 2785 ommendation that it be confirmed sub- S. 1029 ject to the nominee’s commitment to At the request of Mr. BROWN, the At the request of Mr. PORTMAN, the respond to requests to appear and tes- name of the Senator from Michigan name of the Senator from Utah (Mr. tify before any duly constituted com- (Ms. STABENOW) was added as a cospon- HATCH) was added as a cosponsor of S. mittee of the Senate. sor of S. 2785, a bill to direct the Ad- 1029, a bill to reform the process by ministrator of the Environmental Pro- f which Federal agencies analyze and tection Agency to publish a health ad- INTRODUCTION OF BILLS AND formulate new regulations and guid- visory and submit reports with respect JOINT RESOLUTIONS ance documents. to microcystins in drinking water. The following bills and joint resolu- S. 1332 S. 2828 tions were introduced, read the first At the request of Ms. COLLINS, the At the request of Mr. MENENDEZ, the and second times by unanimous con- name of the Senator from Oregon (Mr. names of the Senator from Illinois (Mr. sent, and referred as indicated: WYDEN) was withdrawn as a cosponsor DURBIN) and the Senator from Con- By Mr. VITTER: of S. 1332, a bill to amend title XVIII of necticut (Mr. BLUMENTHAL) were added S. 2967. A bill to prohibit the Federal Gov- the Social Security Act to ensure more as cosponsors of S. 2828, a bill to im- ernment from mandating, incentivizing, or timely access to home health services pose sanctions with respect to the Rus- coercing States to adopt the Common Core for Medicare beneficiaries under the sian Federation, to provide additional State Standards or any other specific aca- Medicare program. demic standards, instructional content, cur- assistance to Ukraine, and for other S. 1407 ricula, assessments, or programs of instruc- purposes. tion; to the Committee on Health, Edu- At the request of Mr. CASEY, the S. 2839 name of the Senator from New Jersey cation, Labor, and Pensions. At the request of Mr. WHITEHOUSE, By Mr. WHITEHOUSE: (Mr. BOOKER) was added as a cosponsor the name of the Senator from New S. 2968. A bill to include community part- of S. 1407, a bill to amend the Elemen- York (Mr. SCHUMER) was added as a co- ners and intermediaries in the planning and tary and Secondary Education Act of sponsor of S. 2839, a bill to authorize delivery of education and related programs, 1965 to strengthen elementary and sec- and for other purposes; to the Committee on the Attorney General to award grants ondary computer science education, Health, Education, Labor, and Pensions. to address the national epidemics of and for other purposes. By Mr. TOOMEY: prescription opioid abuse and heroin S. 2969. A bill to authorize the transfer of S. 2621 use. certain items under the control of the Omar At the request of Mr. VITTER, the S. 2843 Bradley Foundation to the descendants of name of the Senator from Mississippi General Omar Bradley; to the Committee on At the request of Ms. KLOBUCHAR, the (Mr. WICKER) was added as a cosponsor Armed Services. name of the Senator from Minnesota By Mrs. GILLIBRAND: of S. 2621, a bill to amend the Migra- tory Bird Hunting and Conservation (Mr. FRANKEN) was added as a cospon- S. 2970. A bill to reform procedures for de- sor of S. 2843, a bill to amend title 10, terminations to proceed to trial by court- Stamp Act to increase the price of Mi- United States Code, to provide certain martial for certain offenses under the Uni- gratory Bird Hunting and Conservation form Code of Military Justice, and for other Stamps to fund the acquisition of con- members of the reserve components of purposes; read the first time. servation easements for migratory the Armed Forces who are victims of f birds, and for other purposes. sex-related offenses with access to a special victims’ counsel. ADDITIONAL COSPONSORS S. 2693 S. 2944 S. 772 At the request of Ms. CANTWELL, the At the request of Mr. HATCH, the At the request of Mr. NELSON, the name of the Senator from Michigan (Ms. STABENOW) was added as a cospon- name of the Senator from Pennsyl- name of the Senator from Kansas (Mr. vania (Mr. CASEY) was added as a co- MORAN) was added as a cosponsor of S. sor of S. 2693, a bill to reauthorize the women’s business center program of sponsor of S. 2944, a bill to amend the 772, a bill to amend the Federal Food, Social Security Act to provide for the Drug, and Cosmetic Act to clarify the the Small Business Administration, and for other purposes. termination of social security benefits Food and Drug Administration’s juris- for individuals who participated in S. 2714 diction over certain tobacco products, Nazi persecution, and for other pur- At the request of Mr. BLUNT, the and to protect jobs and small busi- poses. nesses involved in the sale, manufac- name of the Senator from South Da- S. 2949 turing and distribution of traditional kota (Mr. JOHNSON) was added as a co- and premium cigars. sponsor of S. 2714, a bill to require the At the request of Mr. THUNE, the name of the Senator from New Hamp- S. 864 Secretary of the Treasury to mint shire (Ms. AYOTTE) was added as a co- At the request of Mr. WICKER, the coins in commemoration of the centen- name of the Senator from Iowa (Mr. nial of World War I. sponsor of S. 2949, a bill to improve motor vehicle safety by encouraging HARKIN) was added as a cosponsor of S. S. 2723 the sharing of certain information. 864, a bill to amend the Safe Drinking At the request of Mr. FRANKEN, the Water Act to reauthorize technical as- name of the Senator from Maine (Mr. S. 2964 sistance to small public water systems, KING) was added as a cosponsor of S. At the request of Mr. BROWN, the and for other purposes. 2723, a bill to amend the Internal Rev- names of the Senator from New York S. 995 enue Code of 1986 to qualify homeless (Mrs. GILLIBRAND), the Senator from At the request of Mr. BOOZMAN, the youth and veterans who are full-time Washington (Mrs. MURRAY) and the name of the Senator from New Jersey students for purposes of the low income Senator from Iowa (Mr. HARKIN) were (Mr. MENENDEZ) was added as a cospon- housing tax credit. added as cosponsors of S. 2964, a bill to sor of S. 995, a bill to authorize the Na- S. 2738 extend the trade adjustment assistance tional Desert Storm Memorial Associa- At the request of Mr. BLUMENTHAL, program, and for other purposes. tion to establish the National Desert the name of the Senator from Oregon S. 2966 Storm and Desert Shield Memorial as a (Mr. MERKLEY) was added as a cospon- At the request of Ms. BALDWIN, the commemorative work in the District of sor of S. 2738, a bill to establish in the name of the Senator from Maryland Columbia, and for other purposes. Department of Veterans Affairs a na- (Mr. CARDIN) was added as a cosponsor S. 1011 tional center for research on the diag- of S. 2966, a bill to improve the under- At the request of Mr. JOHANNS, the nosis and treatment of health condi- standing and coordination of critical name of the Senator from Wyoming tions of the descendants of veterans ex- care health services.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.007 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6263

S. RES. 578 (3) CHESAPEAKE BAY WATERSHED.—The term activities during the equivalent time period At the request of Mr. MENENDEZ, the ‘‘Chesapeake Bay watershed’’ means all trib- described in subparagraph (C); and names of the Senator from Massachu- utaries, backwaters, and side channels, in- (E) a section that identifies and evaluates, cluding watersheds, draining into the Chesa- based on need and appropriateness, specific setts (Mr. MARKEY) and the Senator peake Bay. opportunities to consolidate similar pro- ICKER from Mississippi (Mr. W ) were (4) CHESAPEAKE EXECUTIVE COUNCIL.—The grams and activities within the budget and added as cosponsors of S. Res. 578, a term ‘‘Chesapeake Executive Council’’ has recommendations to Congress for legislative resolution supporting the role of the the meaning given the term by section 117(a) action to streamline, consolidate, or elimi- United States in ensuring children in of the Federal Water Pollution Control Act nate similar programs and activities within the world’s poorest countries have ac- (33 U.S.C. 1267(a)). the budget; cess to vaccines and immunization (5) CHIEF EXECUTIVE.—The term ‘‘chief ex- (2) a detailed accounting of all funds re- through Gavi, the Vaccine Alliance. ecutive’’ means, in the case of a State or ceived and obligated by each Federal agency Commonwealth, the Governor of the State or for restoration activities during the current f Commonwealth and, in the case of the Dis- and preceding fiscal years, including the AMENDMENTS SUBMITTED AND trict of Columbia, the Mayor of the District identification of funds that were transferred PROPOSED of Columbia. to a Chesapeake Bay State for restoration (6) DIRECTOR.—The term ‘‘Director’’ means activities; SA 3965. Mr. WARNER (for himself, Mr. the Director of the Office of Management (3) to the extent that information is avail- VITTER, Mr. KAINE, and Mr. CARDIN) proposed and Budget. able, a detailed accounting from each State an amendment to the bill S. 1000, to require (7) FEDERAL RESTORATION ACTIVITY.— of all funds received and obligated from a the Director of the Office of Management (A) IN GENERAL.—The term ‘‘Federal res- Federal agency for restoration activities and Budget to prepare a crosscut budget for toration activity’’ means a Federal program during the current and preceding fiscal restoration activities in the Chesapeake Bay or project carried out under Federal author- years; and watershed, and for other purposes. ity in existence as of the date of enactment (4) a description of each of the proposed SA 3966. Mr. CORKER submitted an amend- of this Act with the express intent to di- Federal and State restoration activities to ment intended to be proposed by him to the rectly protect, conserve, or restore living re- be carried out in the succeeding fiscal year bill S. 2828, to impose sanctions with respect sources, habitat, water resources, or water (corresponding to those activities listed in to the Russian Federation, to provide addi- quality in the Chesapeake Bay watershed, in- subparagraphs (A) and (B) of paragraph (1)), tional assistance to Ukraine, and for other cluding programs or projects that provide fi- including— purposes; which was ordered to lie on the nancial and technical assistance to promote (A) the project description; table. responsible land use, stewardship, and com- (B) the current status of the project; SA 3967. Mr. WYDEN submitted an amend- munity engagement in the Chesapeake Bay (C) the Federal or State statutory or regu- ment intended to be proposed by him to the watershed. latory authority, program, or responsible bill S. 2410, to authorize appropriations for (B) CATEGORIZATION.—Federal restoration agency; fiscal year 2015 for military activities of the activities may be categorized as follows: (D) the authorization level for appropria- Department of Defense, for military con- (i) Physical restoration. tions; struction, and for defense activities of the (ii) Planning. (E) the project timeline, including bench- Department of Energy, to prescribe military (iii) Feasibility studies. marks; personnel strengths for such fiscal year, and (iv) Scientific research. (F) references to project documents; for other purposes; which was ordered to lie (v) Monitoring. (G) descriptions of risks and uncertainties on the table. (vi) Education. of project implementation; SA 3968. Mr. WYDEN submitted an amend- (vii) Infrastructure development. (H) a list of coordinating entities; ment intended to be proposed by him to the (8) STATE RESTORATION ACTIVITY.— (I) a description of the funding history for bill S. 2410, supra; which was ordered to lie (A) IN GENERAL.—The term ‘‘State restora- the project; on the table. tion activity’’ means any State program or (J) cost sharing; and SA 3969. Mr. WYDEN submitted an amend- project carried out under State authority (K) alignment with the existing Chesa- ment intended to be proposed by him to the that directly or indirectly protect, conserve, peake Bay Agreement, Chesapeake Execu- bill S. 2410, supra; which was ordered to lie or restore living resources, habitat, water re- tive Council goals and priorities, and Annual on the table. sources, or water quality in the Chesapeake Action Plan required by section 205 of Execu- SA 3970. Mr. WYDEN (for himself, Mr. Bay watershed, including programs or tive Order 13508 (33 U.S.C. 1267 note; relating SCOTT, and Mr. MERKLEY) submitted an projects that promote responsible land use, to Chesapeake Bay protection and restora- amendment intended to be proposed by him stewardship, and community engagement in tion). to the bill S. 2410, supra; which was ordered the Chesapeake Bay watershed. (b) MINIMUM FUNDING LEVELS.—In describ- to lie on the table. (B) CATEGORIZATION.—State restoration ac- ing restoration activities in the report required under subsection (a), the Director f tivities may be categorized as follows: (i) Physical restoration. shall only include— TEXT OF AMENDMENTS (ii) Planning. (1) for the first 3 years that the report is required, descriptions of— Mr. WARNER (for himself, (iii) Feasibility studies. SA 3965. (iv) Scientific research. (A) Federal restoration activities that Mr. VITTER, Mr. KAINE, and Mr. (v) Monitoring. have funding amounts greater than or equal CARDIN) proposed an amendment to the (vi) Education. to $300,000; and bill S. 1000, to require the Director of (vii) Infrastructure development. (B) State restoration activities that have the Office of Management and Budget SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. funding amounts greater than or equal to $300,000; and to prepare a crosscut budget for res- (a) IN GENERAL.—The Director, in consulta- toration activities in the Chesapeake tion with the Chesapeake Executive Council, (2) for every year thereafter, descriptions the chief executive of each Chesapeake Bay of— Bay watershed, and for other purposes; (A) Federal restoration activities that as follows: State, and the Chesapeake Bay Commission, shall submit to Congress a financial report have funding amounts greater than or equal Strike all after the enacting clause and in- containing— to $100,000; and sert the following: (1) an interagency crosscut budget that (B) State restoration activities that have SECTION 1. SHORT TITLE. displays, as applicable— funding amounts greater than or equal to This Act may be cited as the ‘‘Chesapeake (A) the proposed funding for any Federal $100,000. (c) DEADLINE.—The Director shall submit Bay Accountability and Recovery Act of restoration activity to be carried out in the 2014’’. to Congress the report required by sub- succeeding fiscal year, including any planned section (a) not later than September 30 of SEC. 2. DEFINITIONS. interagency or intra-agency transfer, for each year. In this Act: each of the Federal agencies that carry out (d) REPORT.—Copies of the report required (1) ADMINISTRATOR.—The term ‘‘Adminis- restoration activities; by subsection (a) shall be submitted to the trator’’ means the Administrator of the En- (B) to the extent that information is avail- Committees on Appropriations, Natural Re- vironmental Protection Agency. able, the estimated funding for any State sources, Energy and Commerce, and Trans- (2) CHESAPEAKE BAY STATE.—The term restoration activity to be carried out in the portation and Infrastructure of the House of ‘‘Chesapeake Bay State’’ or ‘‘State’’ means succeeding fiscal year; Representatives and the Committees on Ap- any of— (C) all expenditures for Federal restoration propriations, Environment and Public (A) the States of Maryland, West Virginia, activities from the preceding 2 fiscal years, Works, and Commerce, Science, and Trans- Delaware, and New York; the current fiscal year, and the succeeding portation of the Senate. (B) the Commonwealths of Virginia and fiscal year; (e) EFFECTIVE DATE.—This section shall Pennsylvania; and (D) all expenditures, to the extent that in- apply beginning with the first fiscal year (C) the District of Columbia. formation is available, for State restoration after the date of enactment of this Act.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.015 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6264 CONGRESSIONAL RECORD — SENATE December 2, 2014 SEC. 4. INDEPENDENT EVALUATOR FOR THE (A) the Committee on Foreign Relations subsection (c) with respect to a foreign per- CHESAPEAKE BAY PROGRAM. and the Committee on Banking, Housing, son the President determines— (a) IN GENERAL.—There shall be an Inde- and Urban Affairs of the Senate; and (A) is an entity— pendent Evaluator for restoration activities (B) the Committee on Foreign Affairs and (i) owned or controlled by the Government in the Chesapeake Bay watershed, who shall the Committee on Financial Services of the of the Russian Federation or owned or con- review and report on— House of Representatives. trolled by nationals of the Russian Federa- (1) restoration activities; and (3) DEFENSE ARTICLE; DEFENSE SERVICE; tion; and (2) any related topics that are suggested by TRAINING.—The terms ‘‘defense article’’, ‘‘de- (ii) that— the Chesapeake Executive Council. fense service’’, and ‘‘training’’ have the (I) knowingly manufactures or sells de- (b) APPOINTMENT.— meanings given those terms in section 47 of fense articles transferred into Syria or into (1) IN GENERAL.—Not later than 30 days the Arms Export Control Act (22 U.S.C. 2794). the territory of a specified country without after the date of submission of nominees by (4) FINANCIAL INSTITUTION.—The term ‘‘fi- the consent of the internationally recognized the Chesapeake Executive Council, the Inde- nancial institution’’ means a financial insti- government of that country; pendent Evaluator shall be appointed by the tution specified in subparagraph (A), (B), (C), (II) transfers defense articles into Syria or Administrator from among nominees sub- (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of into the territory of a specified country mitted by the Chesapeake Executive Council section 5312(a)(2) of title 31, United States without the consent of the internationally with the consultation of the scientific com- Code. recognized government of that country; or munity. (5) FOREIGN FINANCIAL INSTITUTION.—The (III) brokers or otherwise assists in the (2) NOMINATIONS.—The Chesapeake Execu- term ‘‘foreign financial institution’’ has the transfer of defense articles into Syria or into tive Council may nominate for consideration meaning given that term in section 561.308 of the territory of a specified country without as Independent Evaluator a science-based in- title 31, Code of Federal Regulations (or any the consent of the internationally recognized stitution of higher education. corresponding similar regulation or ruling). government of that country; or (3) REQUIREMENTS.—The Administrator (6) FOREIGN PERSON.—The term ‘‘foreign (B) knowingly, on or after the date of the shall only select as Independent Evaluator a person’’ means any individual or entity that enactment of this Act, assists, sponsors, or nominee that the Administrator determines is not a United States citizen, a permanent provides financial, material, or technological demonstrates excellence in marine science, resident alien, or an entity organized under support for, or goods or services to or in sup- policy evaluation, or other studies relating the laws of the United States or any jurisdic- port of, an entity described in subparagraph to complex environmental restoration action within the United States. (A) with respect to an activity described in tivities. (7) KNOWINGLY.—The term ‘‘knowingly’’, clause (ii) of that subparagraph. (c) REPORTS.—Not later than 180 days after with respect to conduct, a circumstance, or a (3) SPECIFIED COUNTRY DEFINED.— the date of appointment and once every 2 result, means that a person has actual (A) IN GENERAL.—In this subsection, the years thereafter, the Independent Evaluator term ‘‘specified country’’ means— shall submit to Congress a report describing knowledge, or should have known, of the conduct, the circumstance, or the result. (i) Ukraine, Georgia, and Moldova; and the findings and recommendations of reviews (ii) any other country designated by the conducted under subsection (a). (8) RUSSIAN PERSON.—The term ‘‘Russian person’’ means— President as a country of significant concern SEC. 5. PROHIBITION ON NEW FUNDING. (A) an individual who is a citizen or na- for purposes of this subsection, such as Po- No additional funds are authorized to be land, Lithuania, Latvia, Estonia, and the tional of the Russian Federation; or appropriated to carry out this Act. Central Asia republics. (B) an entity organized under the laws of (B) NOTICE TO CONGRESS.—The President the Russian Federation. SA 3966. Mr. CORKER submitted an shall notify the appropriate congressional (9) SPECIAL RUSSIAN CRUDE OIL PROJECT.— amendment intended to be proposed by committees in writing not later than 15 days The term ‘‘special Russian crude oil project’’ him to the bill S. 2828, to impose sanc- before— means a project intended to extract crude oil (i) designating a country as a country of tions with respect to the Russian Fed- from— significant concern under subparagraph eration, to provide additional assist- (A) the exclusive economic zone of the Rus- (A)(ii); or ance to Ukraine, and for other pur- sian Federation in waters more than 500 feet (ii) terminating a designation under that poses; which was ordered to lie on the deep; subparagraph, including the termination of (B) Russian Arctic offshore locations; or table; as follows: any such designation pursuant to subsection (C) shale formations located in the Russian Strike all after the enacting clause and in- (h). Federation. sert the following: (b) SANCTIONS RELATED TO THE ENERGY SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 3. STATEMENT OF POLICY REGARDING SECTOR.— UKRAINE. (a) SHORT TITLE.—This Act may be cited as (1) DEVELOPMENT OF SPECIAL RUSSIAN CRUDE It is the policy of the United States to fur- the ‘‘Ukraine Freedom Support Act of 2014’’. OIL PROJECTS.—Except as provided in sub- ther assist the Government of Ukraine in re- (b) TABLE OF CONTENTS.—The table of con- section (d), on and after the date that is 45 storing its sovereignty and territorial integ- tents for this Act is as follows: days after the date of the enactment of this rity to deter the Government of the Russian Sec. 1. Short title; table of contents. Act, the President shall impose 3 or more of Federation from further destabilizing and in- Sec. 2. Definitions. the sanctions described in subsection (c) Sec. 3. Statement of policy regarding vading Ukraine and other independent countries in Central and Eastern Europe, the with respect to a foreign person if the Presi- Ukraine. dent determines that the foreign person Sec. 4. Sanctions relating to the defense and Caucasus, and Central Asia. That policy shall be carried into effect, among other knowingly makes a significant investment energy sectors of the Russian in a special Russian crude oil project. Federation. things, through a comprehensive effort, in (2) AUTHORIZATION FOR EXTENSION OF LI- Sec. 5. Sanctions on Russian and other for- coordination with allies and partners of the CENSING LIMITATIONS ON CERTAIN EQUIP- eign financial institutions. United States where appropriate, that in- Sec. 6. Major non-NATO ally status for cludes economic sanctions, diplomacy, as- MENT.—The President, through the Bureau of Ukraine, Georgia, and Moldova. sistance for the people of Ukraine, and the Industry and Security of the Department of Sec. 7. Increased military assistance for the provision of military capabilities to the Gov- Commerce or the Office of Foreign Assets Government of Ukraine. ernment of Ukraine that will enhance the Control of the Department of the Treasury, Sec. 8. Expanded nonmilitary assistance for ability of that Government to defend itself as appropriate, may impose additional li- Ukraine. and to restore its sovereignty and territorial censing requirements for or other restric- Sec. 9. Expanded broadcasting in countries integrity in the face of unlawful actions by tions on the export or reexport of items for of the former Soviet Union. the Government of the Russian Federation. use in the energy sector of the Russian Fed- Sec. 10. Support for Russian democracy and SEC. 4. SANCTIONS RELATING TO THE DEFENSE eration, including equipment used for ter- civil society organizations. AND ENERGY SECTORS OF THE RUS- tiary oil recovery. Sec. 11. Report on non-compliance by the SIAN FEDERATION. (3) CONTINGENT SANCTION RELATING TO Russian Federation of its obli- (a) SANCTIONS RELATING TO THE DEFENSE GAZPROM.—If the President determines that gations under the INF Treaty. SECTOR.— Gazprom is withholding significant natural Sec. 12. Rule of construction. (1) ROSOBORONEXPORT.—Except as provided gas supplies from member countries of the SEC. 2. DEFINITIONS. in subsection (d), not later than 30 days after North Atlantic Treaty Organization, or fur- In this Act: the date of the enactment of this Act, the ther withholds significant natural gas sup- (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- President shall impose 3 or more of the sanc- plies from countries such as Ukraine, Geor- ABLE-THROUGH ACCOUNT.—The terms ‘‘actions described in subsection (c) with respect gia, or Moldova, the President shall, not count’’, ‘‘correspondent account’’, and ‘‘pay- to Rosoboronexport. later than 45 days after making that deter- able-through account’’ have the meanings (2) RUSSIAN PRODUCERS, TRANSFERORS, OR mination, impose the sanction described in given those terms in section 5318A of title 31, BROKERS OF DEFENSE ARTICLES.—Except as subsection (c)(7) and at least one additional United States Code. provided in subsection (d), on and after the sanction described in subsection (c) with re- (2) APPROPRIATE CONGRESSIONAL COMMIT- date that is 45 days after the date of the en- spect to Gazprom. TEES.—The term ‘‘appropriate congressional actment of this Act, the President shall im- (c) SANCTIONS DESCRIBED.—The sanctions committees’’ means— pose 3 or more of the sanctions described in the President may impose with respect to a

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.017 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6265 foreign person under subsection (a) or (b) are the United States to comply with the Agree- (ii) component parts, but not finished prod- the following: ment regarding the Headquarters of the ucts, essential to United States products or (1) EXPORT-IMPORT BANK ASSISTANCE.—The United Nations, signed at Lake Success June production; or President may direct the Export-Import 26, 1947, and entered into force November 21, (iii) routine servicing and maintenance of Bank of the United States not to approve the 1947, between the United Nations and the United States products, to the extent that issuance of any guarantee, insurance, exten- United States, or other applicable inter- alternative sources are not readily or reason- sion of credit, or participation in the exten- national obligations. ably available; sion of credit in connection with the export (9) SANCTIONS ON PRINCIPAL EXECUTIVE OFFI- (E) to information and technology essen- of any goods or services to the foreign per- CERS.—In the case of a foreign person that is tial to United States products or production; son. an entity, the President may impose on the or (2) PROCUREMENT SANCTION.—The President principal executive officer or officers of the (F) to food, medicine, medical devices, or may prohibit the head of any executive agen- foreign person, or on individuals performing agricultural commodities (as those terms are cy (as defined in section 133 of title 41, similar functions and with similar authori- defined in section 101 of the Comprehensive United States Code) from entering into any ties as such officer or officers, any of the Iran Sanctions, Accountability, and Divest- contract for the procurement of any goods or sanctions described in this subsection appli- ment Act of 2010 (22 U.S.C. 8511)). services from the foreign person. cable to individuals. (e) NATIONAL SECURITY WAIVER.— (3) ARMS EXPORT PROHIBITION.—The Presi- (d) EXCEPTIONS.— (1) IN GENERAL.—The President may waive dent may prohibit the exportation or provi- (1) IMPORTATION OF GOODS.— the application of sanctions under subsection sion by sale, lease or loan, grant, or other (A) IN GENERAL.—The authority to block means, directly or indirectly, of any defense and prohibit all transactions in all property (a) or (b) with respect to a foreign person if article or defense service to the foreign per- and interests in property under subsection the President— son and the issuance of any license or other (c)(5) shall not include the authority to im- (A) determines that the waiver is in the approval to the foreign person under section pose sanctions on the importation of goods. national security interest of the United 38 of the Arms Export Control Act (22 U.S.C. (B) GOOD DEFINED.—In this paragraph, the States; and 2778). term ‘‘good’’ has the meaning given that (B) submits to the appropriate congres- (4) DUAL-USE EXPORT PROHIBITION.—The term in section 16 of the Export Administra- sional committees a report on the deter- President may prohibit the issuance of any tion Act of 1979 (50 U.S.C. App. 2415) (as con- mination and the reasons for the determina- license and suspend any license for the trans- tinued in effect pursuant to the Inter- tion. fer to the foreign person of any item the ex- national Emergency Economic Powers Act (2) FORM OF REPORT.—The report required port of which is controlled under the Export (50 U.S.C. 1701 et seq.)). by paragraph (1)(B) shall be submitted in un- Administration Act of 1979 (50 U.S.C. App. (2) ADDITIONAL EXCEPTIONS.—The President classified form, but may include a classified 2401 et seq.) (as in effect pursuant to the shall not be required to apply or maintain annex. International Emergency Economic Powers the sanctions under subsection (a) or (b)— (f) TRANSACTION-SPECIFIC NATIONAL SECU- Act (50 U.S.C. 1701 et seq.)) or the Export Ad- (A) in the case of procurement of defense RITY WAIVER.— ministration Regulations under subchapter C articles or defense services under existing (1) IN GENERAL.—The President may waive of chapter VII of title 15, Code of Federal contracts, subcontracts, or other business the application of sanctions under subsection Regulations. agreements, including ancillary or inci- (a) or (b) with respect to a specific trans- (5) PROPERTY TRANSACTIONS.—The Presi- dental contracts for goods, or for services or action if the President— dent may, pursuant to such regulations as funding (including necessary financial serv- (A) determines that the transaction is in the President may prescribe, prohibit any ices) associated with such goods, as nec- the national security interest of the United person from— essary to give effect to such contracts, sub- States; and (A) acquiring, holding, withholding, using, contracts, or other business agreements, and (B) submits to the appropriate congres- transferring, withdrawing, transporting, or the exercise of options for production quan- sional committees a detailed report on the exporting any property that is subject to the tities to satisfy requirements essential to determination and the specific reasons for jurisdiction of the United States and with re- the national security of the United States— the determination that a waiver with respect spect to which the foreign person has any in- (i) if the President determines in writing to the transaction is necessary and appro- terest; that— priate. (B) dealing in or exercising any right, (I) the foreign person to which the sanc- (2) FORM OF REPORT.—The report required power, or privilege with respect to such prop- tions would otherwise be applied is a sole by paragraph (1)(B) shall be submitted in un- erty; or source supplier of the defense articles or classified form, but may include a classified (C) conducting any transaction involving services; annex. such property. (II) the defense articles or services are es- (g) IMPLEMENTATION; PENALTIES.— (6) BANKING TRANSACTIONS.—The President sential; may, pursuant to such regulations as the (III) alternative sources are not readily or (1) IMPLEMENTATION.—The President may President may prescribe, prohibit any trans- reasonably available; and exercise all authorities provided under sec- fers of credit or payments between financial (IV) the national interests of the United tions 203 and 205 of the International Emer- institutions or by, through, or to any finan- States would be adversely affected by the ap- gency Economic Powers Act (50 U.S.C. 1702 cial institution, to the extent that such plication or maintenance of such sanctions; and 1704) to carry out the purposes of this transfers or payments are subject to the ju- or section. risdiction of the United States and involve (ii) if the President determines in writing (2) PENALTIES.—The penalties provided for any interest of the foreign person. that— in subsections (b) and (c) of section 206 of the (7) PROHIBITION ON INVESTMENT IN EQUITY (I) such articles or services are essential to International Emergency Economic Powers OR DEBT OF SANCTIONED PERSON.—The Presi- the national security under defense co- Act (50 U.S.C. 1705) shall apply to a person dent may, pursuant to such regulations as production agreements; and that violates, attempts to violate, or con- the President may prescribe, prohibit any (II) the national interests of the United spires to violate, or causes a violation of, United States person from transacting in, States would be adversely affected by the ap- subsection (a) or (b) of this section, or an providing financing for, or otherwise dealing plication or maintenance of such sanctions; order or regulation prescribed under either in— (B) in the case of procurement, to eligible such subsection, to the same extent that (A) debt— products, as defined in section 308(4) of the such penalties apply to a person that com- (i) of longer than 30 days’ maturity of a Trade Agreements Act of 1979 (19 U.S.C. mits an unlawful act described in section foreign person with respect to which sanc- 2518(4)), of any foreign country or instrumen- 206(a) of the International Emergency Eco- tions are imposed under subsection (a) or of tality designated under section 301(b)(1) of nomic Powers Act. longer than 90 days’ maturity of a foreign that Act (19 U.S.C. 2511(b)(1)); (h) TERMINATION.— person with respect to which sanctions are (C) to products, technology, or services (1) IN GENERAL.—Except as provided in imposed under subsection (b); and provided under contracts, subcontracts, or paragraph (2), this section, and sanctions im- (ii) issued on or after the date on which other business agreements (including ancil- posed under this section, shall terminate on such sanctions are imposed with respect to lary or incidental contracts for goods, or for the date on which the President submits to the foreign person; or services or funding (including necessary fi- the appropriate congressional committees a (B) equity of the foreign person issued on nancial services) associated with such goods, certification that the Government of the or after that date. as necessary to give effect to such contracts, Russian Federation has ceased ordering, con- (8) EXCLUSION FROM THE UNITED STATES AND subcontracts, or other business agreements) trolling, or otherwise directing, supporting, REVOCATION OF VISA OR OTHER DOCUMENTA- entered into before the date on which the or financing, significant acts intended to un- TION.—In the case of a foreign person who is President publishes in the Federal Register dermine the peace, security, stability, sov- an individual, the President may direct the the name of the foreign person with respect ereignty, or territorial integrity of Ukraine, Secretary of State to deny a visa to, and the to which the sanctions are to be imposed; including through an agreement between the Secretary of Homeland Security to exclude (D) to— appropriate parties. from the United States, the foreign person, (i) spare parts that are essential to United (2) APPLICABILITY WITH RESPECT TO SYRIA.— subject to regulatory exceptions to permit States products or production; The termination date under paragraph (1)

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.020 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6266 CONGRESSIONAL RECORD — SENATE December 2, 2014 shall not apply with respect to the provi- SEC. 6. MAJOR NON-NATO ALLY STATUS FOR (A) the Committee on Foreign Relations, sions of subsection (a) relating to the trans- UKRAINE, GEORGIA, AND MOLDOVA. the Committee on Appropriations, and the fer of defense articles into Syria or sanctions Section 517 of the Foreign Assistance Act Committee on Energy and Natural Resources imposed pursuant to such provisions. of 1961 (22 U.S.C. 2321k) is amended by adding of the Senate; and at the end the following: (B) the Committee on Foreign Affairs, the SEC. 5. SANCTIONS ON RUSSIAN AND OTHER FOR- ‘‘(c) ADDITIONAL DESIGNATIONS.— Committee on Appropriations, and the Com- EIGN FINANCIAL INSTITUTIONS. ‘‘(1) IN GENERAL.—Effective on the date of mittee on Energy and Commerce of the (a) FACILITATION OF CERTAIN DEFENSE- AND the enactment of the Ukraine Freedom Sup- House of Representatives. ENERGY-RELATED TRANSACTIONS.—The Presi- port Act of 2014, Ukraine, Georgia, and (2) ELEMENTS.—The plan required by para- dent may impose the sanction described in Moldova are each designated as a major non- graph (1) should include, as appropriate, ac- subsection (c) with respect to a foreign fi- NATO ally for purposes of this Act and the tivities in support of— nancial institution that the President deter- Arms Export Control Act (22 U.S.C. 2751 et (A) helping to establish a functional and mines knowingly engages, on or after the seq.). adequately resourced central registration date of the enactment of this Act, in signifi- ‘‘(2) NOTICE OF TERMINATION OF DESIGNA- system in Ukraine that can ensure coordina- cant transactions involving activities de- TION.—The President shall notify Congress in tion of efforts to provide assistance to inter- scribed in subparagraph (A)(ii) or (B) of sec- accordance with subsection (a)(2) before ter- nally displaced persons in different regions; tion 4(a)(2) or paragraph (1) or (3) of section minating the designation of a country speci- (B) encouraging adoption of legislation in 4(b) for persons with respect to which sanc- fied in paragraph (1).’’. Ukraine that protects internally displaced tions are imposed under section 4. SEC. 7. INCREASED MILITARY ASSISTANCE FOR persons from discrimination based on their THE GOVERNMENT OF UKRAINE. (b) FACILITATION OF FINANCIAL TRANS- status and provides simplified procedures for (a) IN GENERAL.—The President is author- ACTIONS ON BEHALF OF SPECIALLY DES- obtaining the new residency registration or ized to provide defense articles, defense serv- IGNATED NATIONALS.—The President may im- other official documentation that is a pre- ices, and training to the Government of requisite to receiving appropriate social pay- pose the sanction described in subsection (c) Ukraine for the purpose of countering offen- with respect to a foreign financial institu- ments under the laws of Ukraine, such as sive weapons and reestablishing the sov- pensions and disability, child, and unemploy- tion if the President determines that the for- ereignty and territorial integrity of Ukraine, eign financial institution has, on or after the ment benefits; and including anti-tank and anti-armor weapons, (C) helping to ensure that information is date that is 180 days after the date of the en- crew weapons and ammunition, counter-ar- actment of this Act, knowingly facilitated a available to internally displaced persons tillery radars to identify and target artillery about— significant financial transaction on behalf of batteries, fire control, range finder, and opti- any Russian person included on the list of (i) government agencies and independent cal and guidance and control equipment, tac- groups that can provide assistance to such specially designated nationals and blocked tical troop-operated surveillance drones, and persons in various regions; and persons maintained by the Office of Foreign secure command and communications equip- (ii) evacuation assistance available to per- Assets Control of the Department of the ment, pursuant to the provisions of the Arms sons seeking to flee armed conflict areas. Treasury, pursuant to— Export Control Act (22 U.S.C. 2751 et seq.), (3) ASSISTANCE THROUGH INTERNATIONAL OR- (1) this Act; the Foreign Assistance Act of 1961 (22 U.S.C. (2) Executive Order 13660 (79 Fed. Reg. 2151 et seq.), and other relevant provisions of GANIZATIONS.—The President shall instruct 13,493), 13661 (79 Fed. Reg. 15,535), or 13662 (79 law. the United States permanent representative Fed. Reg. 16,169); or (b) REPORT REQUIRED.—Not later than 60 or executive director, as the case may be, to (3) any other executive order addressing days after the date of the enactment of this the relevant United Nations voluntary agen- the crisis in Ukraine. Act, the President shall submit a report de- cies, including the United Nations High Com- tailing the anticipated defense articles, de- missioner for Refugees and the United Na- (c) SANCTION DESCRIBED.—The sanction de- tions Office for the Coordination of Humani- scribed in this subsection is, with respect to fense services, and training to be provided pursuant to this section and a timeline for tarian Affairs, and other appropriate inter- a foreign financial institution, a prohibition the provision of such defense articles, de- national organizations, to use the voice and on the opening, and a prohibition or the im- fense services, and training, to— vote of the United States to support appro- position of strict conditions on the main- (1) the Committee on Foreign Relations, priate assistance for internally displaced taining, in the United States of a cor- the Committee on Appropriations, and the persons in Ukraine. respondent account or a payable-through ac- Committee on Armed Services of the Senate; (b) ASSISTANCE TO THE DEFENSE SECTOR OF count by the foreign financial institution. and UKRAINE.—The Secretary of State and the (d) NATIONAL SECURITY WAIVER.—The (2) the Committee on Foreign Affairs, the Secretary of Defense should assist entities in President may waive the application of sanc- Committee on Appropriations, and the Com- the defense sector of Ukraine to reorient ex- tions under this section with respect to a mittee on Armed Services of the House of ports away from customers in the Russian foreign financial institution if the Presi- Representatives. Federation and to find appropriate alter- dent— (c) AUTHORIZATION OF APPROPRIATIONS.— native markets for those entities in the de- (1) determines that the waiver is in the na- (1) IN GENERAL.—There are authorized to be fense sector of Ukraine that have already tional security interest of the United States; appropriated to the Secretary of State significantly reduced exports to and coopera- and $100,000,000 for fiscal year 2015, $125,000,000 for tion with entities in the defense sector of the (2) submits to the appropriate congres- fiscal year 2016, and $125,000,000 for fiscal Russian Federation. (c) ASSISTANCE TO ADDRESS THE ENERGY sional committees a report on the deter- year 2017 to carry out activities under this CRISIS IN UKRAINE.— mination and the reasons for the determina- section. (1) EMERGENCY ENERGY ASSISTANCE.— tion. (2) AVAILABILITY OF AMOUNTS.—Amounts (A) PLAN REQUIRED.—The Secretary of authorized to be appropriated pursuant to (e) IMPLEMENTATION; PENALTIES.— State and the Secretary of Energy, in col- paragraph (1) shall remain available for obli- (1) IMPLEMENTATION.—The President may laboration with the Administrator of the gation and expenditure through the end of exercise all authorities provided under sec- United States Agency for International De- fiscal year 2018. tions 203 and 205 of the International Emer- velopment and the Administrator of the Fed- gency Economic Powers Act (50 U.S.C. 1702 (d) AUTHORITY FOR THE USE OF FUNDS.—The funds made available pursuant to subsection eral Emergency Management Agency, shall and 1704) to carry out the purposes of this work with officials of the Government of section. (c) for provision of defense articles, defense services, and training may be used to pro- Ukraine to develop a short-term emergency (2) PENALTIES.—The penalties provided for cure such articles, services, and training energy assistance plan designed to help in subsections (b) and (c) of section 206 of the Ukraine address the potentially severe short- International Emergency Economic Powers from the United States Government or other appropriate sources. term heating fuel and electricity shortages Act (50 U.S.C. 1705) shall apply to a person (e) PROTECTION OF CIVILIANS.—It is the facing Ukraine in 2014 and 2015. that violates, attempts to violate, or con- sense of Congress that the Government of (B) ELEMENTS.—The plan required by sub- spires to violate, or causes a violation of, Ukraine should take all appropriate steps to paragraph (A) should include strategies to subsection (a) or (b) of this section, or an protect civilians. address heating fuel and electricity short- order or regulation prescribed under either SEC. 8. EXPANDED NONMILITARY ASSISTANCE ages in Ukraine, including, as appropriate— such subsection, to the same extent that FOR UKRAINE. (i) the acquisition of short-term, emer- such penalties apply to a person that com- (a) ASSISTANCE TO INTERNALLY DISPLACED gency fuel supplies; mits an unlawful act described in section PEOPLE IN UKRAINE.— (ii) the repair or replacement of infrastruc- 206(a) of the International Emergency Eco- (1) IN GENERAL.—Not later than 30 days ture that could impede the transmission of nomic Powers Act. after the date of the enactment of this Act, electricity or transportation of fuel; (f) TERMINATION.—This section, and sanc- the Secretary of State shall submit a plan, (iii) the prioritization of the transpor- tions imposed under this section, shall ter- including actions by the United States Gov- tation of fuel supplies to the areas where minate on the date on which the President ernment, other governments, and inter- such supplies are needed most; submits to the appropriate congressional national organizations, to meet the need for (iv) streamlining emergency communica- committees the certification described in protection of and assistance for internally tions throughout national, regional, and section 4(h). displaced persons in Ukraine, to— local governments to manage the potential

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.020 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6267 energy crisis resulting from heating fuel and 2016 through 2018 to carry out activities SEC. 9. EXPANDED BROADCASTING IN COUN- electricity shortages; under this paragraph. TRIES OF THE FORMER SOVIET UNION. (v) forming a crisis management team (3) SUPPORT FROM THE OVERSEAS PRIVATE (a) IN GENERAL.—Not later than 90 days within the Government of Ukraine to specifi- INVESTMENT CORPORATION.—The Overseas after the date of the enactment of this Act, cally address the potential crisis, including Private Investment Corporation shall— ensuring coordination of the team’s efforts the Chairman of the Broadcasting Board of (A) prioritize, to the extent practicable, Governors shall submit to Congress a plan, with the efforts of outside governmental and support for investments to help increase en- nongovernmental entities providing assist- including a cost estimate, for immediately ergy efficiency, develop domestic oil and and substantially increasing, and maintain- ance to address the potential crisis; and natural gas reserves, improve and repair (vi) developing a public outreach strategy ing through fiscal year 2017, the quantity of electricity infrastructure, and develop re- to facilitate preparation by the population Russian-language broadcasting into the newable and other sources of energy in and communication with the population in countries of the former Soviet Union funded Ukraine; and the event of a crisis. by the United States in order to counter (B) implement procedures for expedited re- Russian Federation propaganda. (C) ASSISTANCE.—The Secretary of State, (b) PRIORITIZATION OF BROADCASTING INTO the Secretary of Energy, and the Adminis- view and, as appropriate, approval, of appli- UKRAINE, GEORGIA, AND MOLDOVA.—The plan trator of the United States Agency for Inter- cations by eligible investors (as defined in section 238 of the Foreign Assistance Act of required by subsection (a) shall prioritize national Development are authorized to pro- broadcasting into Ukraine, Georgia, and vide assistance in support of, and to invest in 1961 (22 U.S.C. 2198)) for loans, loan guarantees, and insurance for such investments. Moldova by the Voice of America and Radio short-term solutions for, enabling Ukraine Free Europe/Radio Liberty. (4) SUPPORT BY THE WORLD BANK GROUP AND to secure the energy safety of the people of (c) ADDITIONAL PRIORITIES.—In developing Ukraine during 2014 and 2015, including THE EUROPEAN BANK FOR RECONSTRUCTION AND the plan required by subsection (a), the through— DEVELOPMENT.—The President shall, to the Chairman shall consider— (i) procurement and transport of emer- extent practicable and as appropriate, direct (1) near-term increases in Russian-lan- gency fuel supplies, including reverse pipe- the United States Executive Directors of the guage broadcasting for countries of the line flows from Europe; World Bank Group and the European Bank former Soviet Union (other than the coun- (ii) provision of technical assistance for for Reconstruction and Development to use tries specified in subsection (b)), including crisis planning, crisis response, and public the voice, vote, and influence of the United Latvia, Lithuania, and Estonia; and outreach; States to encourage the World Bank Group (2) increases in broadcasting in other crit- (iii) repair of infrastructure to enable the and the European Bank for Reconstruction ical languages, including Ukrainian and Ro- transport of fuel supplies; and Development and other international fi- manian languages. (iv) repair of power generating or power nancial institutions— (d) BROADCASTING DEFINED.—In this sec- transmission equipment or facilities; (A) to invest in, and increase their efforts tion, the term ‘‘broadcasting’’ means the dis- (v) procurement and installation of com- to promote investment in, projects to im- tribution of media content via radio broad- pressors or other appropriate equipment to casting, television broadcasting, and Inter- enhance short-term natural gas production; prove energy efficiency, improve and repair electricity infrastructure, develop domestic net-based platforms, among other platforms. (vi) procurement of mobile electricity gen- (e) AUTHORIZATION OF APPROPRIATIONS.— oil and natural gas reserves, and develop re- eration units; (1) IN GENERAL.—There are authorized to be newable and other sources of energy in (vii) conversion of natural gas heating fa- appropriated to the Broadcasting Board of Ukraine; and cilities to run on other fuels, including alter- Governors $10,000,000 for each of fiscal years native energy sources; and (B) to stimulate private investment in 2016 through 2018 to carry out activities (viii) provision of emergency weatheriza- such projects. under this section. tion and winterization materials and sup- (d) ASSISTANCE TO CIVIL SOCIETY IN (2) SUPPLEMENT NOT SUPPLANT.—Amounts plies. UKRAINE.— authorized to be appropriated pursuant to (2) REDUCTION OF UKRAINE’S RELIANCE ON (1) IN GENERAL.—The Secretary of State paragraph (1) shall supplement and not sup- ENERGY IMPORTS.— and the Administrator of the United States plant other amounts made available for ac- (A) PLANS REQUIRED.—The Secretary of tivities described in this section. State, in collaboration with the Secretary of Agency for International Development shall, SEC. 10. SUPPORT FOR RUSSIAN DEMOCRACY Energy and the Administrator of the United directly or through nongovernmental or international organizations, such as the Or- AND CIVIL SOCIETY ORGANIZA- States Agency for International Develop- TIONS. ganization for Security and Co-operation in ment, shall work with officials of the Gov- (a) IN GENERAL.—The Secretary of State ernment of Ukraine to develop medium- and Europe, the National Endowment for Democ- shall, directly or through nongovernmental long-term plans to increase energy produc- racy, and related organizations— or international organizations, such as the tion and efficiency to increase energy secu- (A) strengthen the organizational and Organization for Security and Co-operation rity by helping Ukraine reduce its depend- operational capacity of democratic civil so- in Europe, the National Endowment for De- ence on natural gas imported from the Rus- ciety in Ukraine; mocracy, and related organizations— sian Federation. (B) support the efforts of independent (1) improve democratic governance, trans- (B) ELEMENTS.—The medium- and long- media outlets to broadcast, distribute, and parency, accountability, rule of law, and term plans required by subparagraph (A) share information in all regions of Ukraine; anti-corruption efforts in the Russian Fed- should include strategies, as appropriate, (C) counter corruption and improve trans- eration; to— parency and accountability of institutions (2) strengthen democratic institutions and (i) improve corporate governance and that are part of the Government of Ukraine; political and civil society organizations in unbundling of state-owned oil and gas sector and the Russian Federation; firms; (D) provide support for democratic orga- (3) expand uncensored Internet access in (ii) increase production from natural gas nizing and election monitoring in Ukraine. the Russian Federation; and fields and from other sources, including re- (2) STRATEGY REQUIRED.—Not later than 60 (4) expand free and unfettered access to newable energy; days after the date of the enactment of this independent media of all kinds in the Rus- (iii) license new oil and gas blocks trans- Act, the President shall submit a strategy to sian Federation, including through increas- parently and competitively; carry out the activities described in para- ing United States Government-supported (iv) modernize oil and gas upstream infra- graph (1) to— broadcasting activities, and assist with the structure; and protection of journalists and civil society ac- (v) improve energy efficiency. (A) the Committee on Foreign Relations and the Committee on Appropriations of the tivists who have been targeted for free (C) PRIORITIZATION.—The Secretary of Senate; and speech activities. State, the Administrator of the United (b) AUTHORIZATION OF APPROPRIATIONS.— (B) the Committee on Foreign Affairs and States Agency for International Develop- There are authorized to be appropriated to the Committee on Appropriations of the ment, and the Secretary of Energy should, the Secretary of State $20,000,000 for each of House of Representatives. during fiscal years 2015 through 2018, work fiscal years 2016 through 2018 to carry out with other donors, including multilateral (3) AUTHORIZATION OF APPROPRIATIONS.— the activities set forth in subsection (a). agencies and nongovernmental organiza- There are authorized to be appropriated to (c) STRATEGY REQUIREMENT.—Not later tions, to prioritize, to the extent practicable the Secretary of State $20,000,000 for fiscal than 60 days after the date of the enactment and as appropriate, the provision of assist- year 2016 to carry out this subsection. of this Act, the President shall submit a ance from such donors to help Ukraine to (4) TRANSPARENCY REQUIREMENTS.—Any as- strategy to carry out the activities set forth improve energy efficiency, increase energy sistance provided pursuant to this subsection in subsection (a) to— supplies produced in Ukraine, and reduce re- shall be conducted in as transparent of a (1) the Committee on Foreign Relations liance on energy imports from the Russian manner as possible, consistent with the na- and the Committee on Appropriations of the Federation, including natural gas. ture and goals of this subsection. The Presi- Senate; and (D) AUTHORIZATION OF APPROPRIATIONS.— dent shall provide a briefing on the activities (2) the Committee on Foreign Affairs and There are authorized to be appropriated funded by this subsection at the request of the Committee on Appropriations of the $50,000,000 in the aggregate for fiscal years the committees specified in paragraph (2). House of Representatives.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.020 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6268 CONGRESSIONAL RECORD — SENATE December 2, 2014

(d) TRANSPARENCY REQUIREMENTS.—Any as- manent Select Committee on Intelligence of ‘‘(2) The term ‘human-based training meth- sistance provided pursuant to this section the House of Representatives. ods’ means, with respect to training individ- shall be conducted in as transparent of a SEC. 12. RULE OF CONSTRUCTION. uals in medical treatment, the use of sys- manner as possible, consistent with the na- Nothing in this Act or an amendment tems and devices that do not use animals, in- ture and goals of this section. The President made by this Act shall be construed as an cluding— shall provide a briefing on the activities authorization for the use of military force. ‘‘(A) simulators; funded by this section at the request of the ‘‘(B) partial task trainers; committees specified in subsection (c). SA 3967. Mr. WYDEN submitted an ‘‘(C) moulage; SEC. 11. REPORT ON NON-COMPLIANCE BY THE amendment intended to be proposed by ‘‘(D) simulated combat environments; RUSSIAN FEDERATION OF ITS OBLI- him to the bill S. 2410, to authorize ap- ‘‘(E) human cadavers; and GATIONS UNDER THE INF TREATY. ‘‘(F) rotations in civilian and military propriations for fiscal year 2015 for (a) FINDINGS.—Congress makes the fol- trauma centers. lowing findings: military activities of the Department ‘‘(3) The term ‘partial task trainers’ means (1) The Russian Federation is in violation of Defense, for military construction, training aids that allow individuals to learn of its obligations under the Treaty between and for defense activities of the De- or practice specific medical procedures.’’. the United States of America and the Union partment of Energy, to prescribe mili- (b) CLERICAL AMENDMENT.—The table of of Soviet Socialist Republics on the Elimi- tary personnel strengths for such fiscal sections at the beginning of chapter 101 of nation of Their Intermediate-Range and year, and for other purposes; which was such title is amended by adding at the end the following new item: Shorter-Range Missiles, signed at Wash- ordered to lie on the table; as follows: ington December 8, 1987, and entered into ‘‘2017. Requirement to use human-based force June 1, 1988 (commonly referred to as At the end of subtitle D of title V, add the methods for certain medical the ‘‘Intermediate-Range Nuclear Forces following: training.’’. Treaty’’ or ‘‘INF Treaty’’). SEC. 535. REQUIREMENT TO USE HUMAN-BASED (2) This behavior poses a threat to the METHODS FOR CERTAIN MEDICAL SA 3968. Mr. WYDEN submitted an United States, its deployed forces, and its al- TRAINING. amendment intended to be proposed by lies. (a) IN GENERAL.—Chapter 101 of title 10, him to the bill S. 2410, to authorize ap- United States Code, is amended by adding at (b) SENSE OF CONGRESS.—It is the sense of propriations for fiscal year 2015 for the end the following new section: Congress that— military activities of the Department (1) the President should hold the Russian ‘‘§ 2017. Requirement to use human-based of Defense, for military construction, Federation accountable for being in viola- methods for certain medical training and for defense activities of the De- tion of its obligations under the INF Treaty; ‘‘(a) COMBAT TRAUMA INJURIES.—(1) Not partment of Energy, to prescribe mili- and later than October 1, 2017, the Secretary of (2) the President should demand the Rus- Defense shall develop, test, and validate tary personnel strengths for such fiscal sian Federation completely and verifiably human-based training methods for the pur- year, and for other purposes; which was eliminate the military systems that con- pose of training members of the armed forces ordered to lie on the table; as follows: stitute the violation of its obligations under in the treatment of combat trauma injuries At the end of subtitle H of title X, add the the INF Treaty. with the goal of replacing live animal-based following: (c) REPORT.— training methods. SEC. 1087. CONSIDERATION OF CERTAIN TIME (1) IN GENERAL.—Not later than 90 days ‘‘(2) Not later than October 1, 2019, the Sec- SPENT RECEIVING MEDICAL CARE after the date of the enactment of this Act, retary— FROM SECRETARY OF DEFENSE AS and every 90 days thereafter, the President ‘‘(A) shall only use human-based training ACTIVE DUTY FOR PURPOSES OF shall submit to the committees specified in methods for the purpose of training members ELIGIBILITY FOR POST-9/11 EDU- CATIONAL ASSISTANCE. subsection (d) a report that includes the fol- of the armed forces in the treatment of com- (a) IN GENERAL.—Section 3301(1)(B) of title lowing elements: bat trauma injuries; and 38, United States Code, is amended by insert- (A) A description of the status of the Presi- ‘‘(B) may not use animals for such purpose. ing ‘‘12301(h),’’ after ‘‘12301(g),’’. dent’s efforts, in cooperation with United ‘‘(b) EXCEPTION FOR PARTICULAR COMMANDS (b) RETROACTIVE APPLICATION.—The States allies, to hold the Russian Federation AND TRAINING METHODS.—(1) The Secretary amendment made by subsection (a) shall accountable for being in violation of its obli- may exempt a particular command, par- apply as if such amendment were enacted gations under the INF Treaty and obtain the ticular training method, or both, from the immediately after the enactment of the complete and verifiable elimination of its requirement for human-based training meth- Post-9/11 Veterans Educational Assistance military systems that constitute the viola- ods under subsection (a)(2) if the Secretary Act of 2008 (Public Law 110–252). tion of its obligations under the INF Treaty. determines that human-based training meth- (B) The President’s assessment as to ods will not provide an educationally equiva- SA 3969. Mr. WYDEN submitted an whether it remains in the national security lent or superior substitute for live animal- amendment intended to be proposed by interests of the United States to remain a based training methods for such command or him to the bill S. 2410, to authorize ap- party to the INF Treaty, and other related training method, as the case may be. propriations for fiscal year 2015 for treaties and agreements, while the Russian ‘‘(2) Any exemption under this subsection Federation is in violation of its obligations shall be for such period, not more than one military activities of the Department under the INF Treaty. year, as the Secretary shall specify in grant- of Defense, for military construction, (C) Notification of any deployment by the ing the exemption. Any exemption may be and for defense activities of the De- Russian Federation of a ground launched renewed (subject to the preceding sentence). partment of Energy, to prescribe mili- ballistic or cruise missile system with a ‘‘(c) ANNUAL REPORTS.—(1) Not later than tary personnel strengths for such fiscal range of between 500 and 5,500 kilometers. October 1, 2016, and each year thereafter, the year, and for other purposes; which was (D) A plan developed by the Secretary of Secretary shall submit to the congressional ordered to lie on the table; as follows: State, in consultation with the Director of defense committees a report on the develop- At the end of subtitle H of title X, add the National Intelligence and the Defense Threat ment and implementation of human-based following: Reduction Agency (DTRA), to verify that the training methods and replacement of live- Russian Federation has fully and completely animal based training methods for the pur- SEC. 1087. CONSIDERATION BY SECRETARY OF dismantled any ground launched cruise mis- VETERANS AFFAIRS OF RESOURCES pose of training members of the armed forces DISPOSED OF FOR LESS THAN FAIR siles or ballistic missiles with a range of be- in the treatment of combat trauma injuries MARKET VALUE BY INDIVIDUALS AP- tween 500 and 5,500 kilometers, including de- under this section. PLYING FOR PENSION. tails on facilities that inspectors need access ‘‘(2) Each report under this subsection on (a) VETERANS.—Section 1522 of title 38, to, people inspectors need to talk with, how or after October 1, 2019, shall include a de- United States Code, is amended— often inspectors need the accesses for, and scription of any exemption under subsection (1) in subsection (a)— how much the verification regime would (b) that is in force as the time of such report, (A) by inserting ‘‘(1)’’ before ‘‘The Sec- cost. and a current justification for such exemp- retary’’; and (2) FORM.—The report required under para- tion. (B) by adding at the end the following new graph (1) shall be submitted in unclassified ‘‘(d) DEFINITIONS.—In this section: paragraph: form but may contain a classified annex. ‘‘(1) The term ‘combat trauma injuries’ ‘‘(2)(A) If a veteran otherwise eligible for (d) COMMITTEES SPECIFIED.—The commit- means severe injuries likely to occur during payment of pension under section 1513 or 1521 tees specified in this subsection are— combat, including— of this title or the spouse of such veteran (1) the Committee on Foreign Relations, ‘‘(A) hemorrhage; disposes of covered resources for less than the Committee on Armed Services, and the ‘‘(B) tension pneumothorax; fair market value on or after the look-back Select Committee on Intelligence of the Sen- ‘‘(C) amputation resulting from blast in- date described in subparagraph (C)(i), the ate; and jury; Secretary shall deny or discontinue the pay- (2) the Committee on Foreign Affairs, the ‘‘(D) compromises to the airway; and ment of pension to such veteran under sec- Committee on Armed Services, and the Per- ‘‘(E) other injuries. tion 1513 or 1521 of this title, as the case may

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.020 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6269 be, for months during the period beginning ‘‘(B)(i) For purposes of this paragraph, a ‘‘(i) of medical care such that the individ- on the date described in subparagraph (D) covered resource is any resource that was a ual’s life or health would be endangered; and equal to the number of months cal- part of the corpus of the estate of the child ‘‘(ii) of necessary food or clothing, or other culated as provided in subparagraph (E). that the Secretary considers that under all necessities of life; or ‘‘(B)(i) For purposes of this paragraph, a the circumstances, if the veteran, the spouse ‘‘(iii) on such other basis as the Secretary covered resource is any resource that was a of the veteran, or the child had not disposed shall specify in the procedures required by part of the corpus of the estate of the vet- of such resource, it would be reasonable that subparagraph (A)(i)(II). eran or, if the veteran has a spouse, the cor- the resource (or some portion of the re- ‘‘(C) If payment of pension or increased pus of the estates of the veteran and of the source) be consumed for the child’s mainte- pension that would otherwise be denied or veteran’s spouse, that the Secretary con- nance. discontinued by reason of the application of siders that under all the circumstances, if ‘‘(ii) For purposes of this paragraph, the subsection (a)(2) or (b)(2) is denied or discon- the veteran or spouse had not disposed of Secretary may consider, in accordance with tinued only in part by reason of the return of such resource, it would be reasonable that regulations the Secretary shall prescribe, a resources as described in subparagraph the resource (or some portion of the re- transfer of an asset (including a transfer of (A)(ii), the period of the denial or discontinu- source) be consumed for the veteran’s main- an asset to an annuity, trust, or other finan- ance as determined pursuant to subpara- tenance. cial instrument or investment) a disposal of graph (E) of subsection (a)(2) or (b)(2), as ap- ‘‘(ii) For purposes of this paragraph, the a covered resource for less than fair market plicable, shall be recalculated to take into Secretary may consider, in accordance with value if such transfer reduces the amount in account such return of resources. regulations the Secretary shall prescribe, a the corpus of the estate of the child that the ‘‘(2) At the time a veteran applies for pen- transfer of an asset (including a transfer of Secretary considers, under all the cir- sion under section 1513 or 1521 of this title or an asset to an annuity, trust, or other finan- cumstances, would be reasonable to be con- increased pension under subsection (c), (d), cial instrument or investment) a disposal of sumed for the child’s maintenance. (e), or (f) of section 1521 of this title on ac- a covered resource for less than fair market ‘‘(C)(i) The look-back date described in this count of a child, and at such other times as value if such transfer reduces the amount in clause is a date that is 36 months before the the Secretary considers appropriate, the Sec- the corpus of the estate of the veteran or, if date described in clause (ii). retary shall— the veteran has a spouse, the corpus of the ‘‘(ii) The date described in this clause is ‘‘(A) inform such veteran of the provisions estates of the veteran and of the veteran’s the date on which the veteran applies for of subsections (a)(2) and (b)(2) providing for a spouse, that the Secretary considers, under payment of increased pension under sub- period of ineligibility for payment of pension all the circumstances, would be reasonable section (c), (d), (e), or (f) of section 1521 of under such sections for individuals who to be consumed for the veteran’s mainte- this title on account of a child or, if later, make certain dispositions of resources for nance. the date on which the veteran, the spouse of less than fair market value, including the ex- ‘‘(C)(i) The look-back date described in this the veteran, or the child disposes of covered ception for hardship from such period of in- clause is a date that is 36 months before the resources for less than fair market value. eligibility; date described in clause (ii). ‘‘(D) The date described in this subpara- ‘‘(B) obtain from such veteran information ‘‘(ii) The date described in this clause is graph is the first day of the first month in or which may be used in determining whether the date on which the veteran applies for after which covered resources were disposed or not a period of ineligibility for such pay- pension under section 1513 or 1521 of this of for less than fair market value and which ments would be required by reason of such title or, if later, the date on which the vet- does not occur in any other period of ineligi- subsections; and eran (or the spouse of the veteran) disposes bility under this paragraph. ‘‘(C) provide such veteran a timely process of covered resources for less than fair mar- ‘‘(E) The number of months calculated for determining whether or not the exception ket value. under this subparagraph shall be equal to— for hardship shall apply to such veteran.’’. ‘‘(D) The date described in this subpara- ‘‘(i) the total, cumulative uncompensated (b) SURVIVING SPOUSES AND CHILDREN.— graph is the first day of the first month in or value of the portion of the covered resources Section 1543 of such title is amended— after which covered resources were disposed so disposed of by the veteran, the spouse of (1) in subsection (a)— of for less than fair market value and which the veteran, or the child on or after the look- (A) by redesignating paragraph (2) as para- does not occur in any other period of ineligi- back date described in subparagraph (C)(i) graph (3); bility under this paragraph. that the Secretary determines would reason- (B) by inserting after paragraph (1) the fol- ‘‘(E) The number of months calculated ably have been consumed for the child’s lowing new paragraph (2): under this subparagraph shall be equal to— maintenance; divided by ‘‘(2)(A) If a surviving spouse otherwise eli- ‘‘(i) the total, cumulative uncompensated ‘‘(ii) the maximum amount of increased gible for payment of pension under section value of the portion of covered resources so monthly pension that is payable to a veteran 1541 of this title disposes of covered re- disposed of by the veteran (or the spouse of under subsection (c), (d), (e), or (f) of section sources for less than fair market value on or after the look-back date described in sub- the veteran) on or after the look-back date 1521 of this title on account of a child, described in subparagraph (C)(i) that the rounded down, in the case of any fraction, to paragraph (C)(i), the Secretary shall deny or Secretary determines would reasonably have the nearest whole number, but shall not in discontinue the payment of pension to such been consumed for the veteran’s mainte- any case exceed 36 months.’’; and surviving spouse under section 1541 of this nance; divided by (3) by adding at the end the following new title for months during the period beginning on the date described in subparagraph (D) ‘‘(ii) the maximum amount of monthly subsection: pension that is payable to a veteran under ‘‘(c)(1)(A) The Secretary shall not deny or and equal to the number of months cal- section 1513 or 1521 of this title, including discontinue payment of pension under sec- culated as provided in subparagraph (E). ‘‘(B)(i) For purposes of this paragraph, a the maximum amount of increased pension tion 1513 or 1521 of this title or payment of covered resource is any resource that was a payable under such sections on account of increased pension under subsection (c), (d), part of the corpus of the estate of the sur- family members, but not including any (e), or (f) of section 1521 of this title on ac- viving spouse that the Secretary considers amount of pension payable under such sec- count of a child by reason of the application that under all the circumstances, if the sur- tions because a veteran is in need of regular of subsection (a)(2) or (b)(2) of this section to viving spouse had not disposed of such re- aid and attendance or is permanently house- the disposal of resources by an individual— bound, source, it would be reasonable that the re- ‘‘(i) if— source (or some portion of the resource) be rounded down, in the case of any fraction, to ‘‘(I) a satisfactory showing is made to the consumed for the surviving spouse’s mainte- the nearest whole number, but shall not in Secretary (in accordance with regulations nance. any case exceed 36 months.’’; promulgated by the Secretary) that all re- ‘‘(ii) For purposes of this paragraph, the (2) in subsection (b)— sources disposed of for less than fair market Secretary may consider, in accordance with (A) by inserting ‘‘(1)’’ before ‘‘The Sec- value have been returned to the individual regulations the Secretary shall prescribe, a retary’’; and who disposed of the resources; or transfer of an asset (including a transfer of (B) by adding at the end the following new ‘‘(II) the Secretary determines, under pro- an asset to an annuity, trust, or other finan- paragraph: cedures established by the Secretary in ac- cial instrument or investment) a disposal of ‘‘(2)(A) If a veteran otherwise eligible for cordance with subparagraph (B), that the de- a covered resource for less than fair market payment of increased pension under sub- nial or discontinuance of payment would value if such transfer reduces the amount in section (c), (d), (e), or (f) of section 1521 of work an undue hardship; or the corpus of the estate of the surviving this title on account of a child, the spouse of ‘‘(ii) to the extent that any portion of the spouse that the Secretary considers, under the veteran, or the child disposes of covered resources disposed of for less than fair mar- all the circumstances, would be reasonable resources for less than fair market value on ket value have been returned to the indi- to be consumed for the surviving spouse’s or after the look-back date described in sub- vidual who disposed of the resources. maintenance. paragraph (C)(i), the Secretary shall deny or ‘‘(B) Undue hardship would be worked by ‘‘(C)(i) The look-back date described in this discontinue payment of such increased pen- the denial or discontinuance of payment for clause is a date that is 36 months before the sion for months during the period beginning purposes of subparagraph (A)(i)(II) if the de- date described in clause (ii). on the date described in subparagraph (D) nial or discontinuance of payment would de- ‘‘(ii) The date described in this clause is and equal to the number of months cal- prive the individual during the period of de- the date on which the surviving spouse ap- culated as provided in subparagraph (E). nial or discontinuance— plies for pension under section 1541 of this

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.022 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6270 CONGRESSIONAL RECORD — SENATE December 2, 2014 title or, if later, the date on which the sur- so disposed of by the surviving spouse (or the (3) by adding at the end the following new viving spouse disposes of covered resources child) on or after the look-back date de- subsection: for less than fair market value. scribed in subparagraph (C)(i) that the Sec- ‘‘(c)(1)(A) The Secretary shall not deny or ‘‘(D) The date described in this subpara- retary determines would reasonably have discontinue payment of pension under sec- graph is the first day of the first month in or been consumed for the child’s maintenance; tion 1541 or 1542 of this title or payment of after which covered resources were disposed divided by increased pension under subsection (c), (d), of for less than fair market value and which ‘‘(ii) the maximum amount of increased or (e) of section 1541 of this title on account does not occur in any other period of ineligi- monthly pension that is payable to a sur- of a child by reason of the application of sub- bility under this paragraph. viving spouse under subsection (c), (d), or (e) section (a)(2), (a)(4), or (b)(2) of this section ‘‘(E) The number of months calculated of section 1541 of this title on account of a to the disposal of resources by an indi- under this subparagraph shall be equal to— child, vidual— ‘‘(i) the total, cumulative uncompensated rounded down, in the case of any fraction, to ‘‘(i) if— value of the portion of the covered resources the nearest whole number, but shall not in ‘‘(I) a satisfactory showing is made to the so disposed of by the surviving spouse on or any case exceed 36 months.’’; Secretary (in accordance with regulations after the look-back date described in sub- (2) in subsection (b)— promulgated by the Secretary) that all re- paragraph (C)(i) that the Secretary deter- (A) by inserting ‘‘(1)’’ before ‘‘The Sec- sources disposed of for less than fair market mines would reasonably have been consumed retary’’; and value have been returned to the individual for the surviving spouse’s maintenance; di- (B) by adding at the end the following new who disposed of the resources; or vided by paragraph: ‘‘(II) the Secretary determines, under pro- ‘‘(ii) the maximum amount of monthly ‘‘(2)(A) If a child otherwise eligible for pay- cedures established by the Secretary in ac- pension that is payable to a surviving spouse ment of pension under section 1542 of this cordance with subparagraph (B), that the de- under section 1541 of this title, including the title or any person with whom such child is nial or discontinuance of payment would maximum amount of increased pension pay- residing who is legally responsible for such work an undue hardship; or able under such section on account of a child’s support disposes of covered resources ‘‘(ii) to the extent that any portion of the child, but not including any amount of pen- for less than fair market value on or after resources disposed of for less than fair mar- sion payable under such section because a the look-back date described in subpara- ket value have been returned to the indi- surviving spouse is in need of regular aid and graph (C)(i), the Secretary shall deny or dis- vidual who disposed of the resources. attendance or is permanently housebound, continue the payment of pension to such ‘‘(B) Undue hardship would be worked by rounded down, in the case of any fraction, to child under section 1542 of this title for the denial or discontinuance of payment for the nearest whole number, but shall not in months during the period beginning on the purposes of subparagraph (A)(i)(II) if the de- any case exceed 36 months.’’; date described in subparagraph (D) and equal nial or discontinuance of payment would de- (C) by adding at the end the following new to the number of months calculated as pro- prive the individual during the period of de- paragraph: vided in subparagraph (E). nial or discontinuance— ‘‘(4)(A) If a surviving spouse otherwise eli- ‘‘(B)(i) For purposes of this paragraph, a ‘‘(i) of medical care such that the individ- gible for payment of increased pension under covered resource is any resource that was a ual’s life or health would be endangered; subsection (c), (d), or (e) of section 1541 of part of the corpus of the estate of the child ‘‘(ii) of necessary food or clothing, or other this title on account of a child or the child or the corpus of the estate of any person necessities of life; or disposes of covered resources for less than with whom such child is residing who is le- ‘‘(iii) on such other basis as the Secretary fair market value on or after the look-back gally responsible for such child’s support shall specify in the procedures required by that the Secretary considers that under all date described in subparagraph (C)(i), the subparagraph (A)(i)(II). the circumstances, if the child or person had Secretary shall deny or discontinue payment ‘‘(C) If payment of pension or increased not disposed of such resource, it would be of such increased pension for months during pension that would otherwise be denied or reasonable that the resource (or some por- the period beginning on the date described in discontinued by reason of the application of tion of the resource) be consumed for the subsection (a)(2), (a)(4), or (b)(2) is denied or subparagraph (D) and equal to the number of child’s maintenance. months calculated as provided in subpara- discontinued only in part by reason of the re- ‘‘(ii) For purposes of this paragraph, the turn of resources as described in subparagraph (E). Secretary may consider, in accordance with ‘‘(B)(i) For purposes of this paragraph, a graph (A)(ii), the period of the denial or dis- regulations the Secretary shall prescribe, a continuance as determined pursuant to sub- covered resource is any resource that was a transfer of an asset (including a transfer of part of the corpus of the estate of the child paragraph (E) of subsection (a)(2), (a)(4), or an asset to an annuity, trust, or other finan- (b)(2), as applicable, shall be recalculated to that the Secretary considers that under all cial instrument or investment) a disposal of the circumstances, if the surviving spouse or take into account such return of resources. a covered resource for less than fair market ‘‘(2) At the time a surviving spouse or child the child had not disposed of such resource, value if such transfer reduces the amount in it would be reasonable that the resource (or applies for pension under section 1541 or 1542 the corpus of the estate described in clause of this title or increased pension under sub- some portion of the resource) be consumed (i) that the Secretary considers, under all for the child’s maintenance. section (c), (d), or (e) of section 1541 of this the circumstances, would be reasonable to be title on account of a child, and at such other ‘‘(ii) For purposes of this paragraph, the consumed for the child’s maintenance. times as the Secretary considers appro- Secretary may consider, in accordance with ‘‘(C)(i) The look-back date described in this regulations the Secretary shall prescribe, a clause is a date that is 36 months before the priate, the Secretary shall— transfer of an asset (including a transfer of date described in clause (ii). ‘‘(A) inform such surviving spouse or child an asset to an annuity, trust, or other finan- ‘‘(ii) The date described in this clause is of the provisions of subsections (a)(2), (a)(4), cial instrument or investment) a disposal of the date on which the child applies for pen- and (b)(2), as applicable, providing for a pe- a covered resource for less than fair market sion under section 1542 of this title or, if riod of ineligibility for payment of pension value if such transfer reduces the amount in later, the date on which the child (or person or increased pension under such sections for the corpus of the estate of the child that the described in subparagraph (B)) disposes of individuals who make certain dispositions of Secretary considers, under all the cir- covered resources for less than fair market resources for less than fair market value, in- cumstances, would be reasonable to be con- value. cluding the exception for hardship from such sumed for the child’s maintenance. ‘‘(D) The date described in this clause is period of ineligibility; ‘‘(C)(i) The look-back date described in this the first day of the first month in or after ‘‘(B) obtain from such surviving spouse or clause is a date that is 36 months before the which covered resources were disposed of for child information which may be used in de- date described in clause (ii). less than fair market value and which does termining whether or not a period of ineligi- ‘‘(ii) The date described in this clause is not occur in any other period of ineligibility bility for such payments would be required the date on which the surviving spouse ap- under this paragraph. by reason of such subsections; and plies for payment of increased pension under ‘‘(E) The number of months calculated ‘‘(C) provide such surviving spouse or child subsection (c), (d), or (e) of section 1541 of under this clause shall be equal to— a timely process for determining whether or this title on account of a child or, if later, ‘‘(i) the total, cumulative uncompensated not the exception for hardship shall apply to the date on which the surviving spouse (or value of the portion of the covered resources such surviving spouse or child.’’. the child) disposes of covered resources for so disposed of by the child (or person de- (c) EFFECTIVE DATE.—Subsections (a)(2), less than fair market value. scribed in subparagraph (B)) on or after the (b)(2), and (c) of section 1522 of title 38, ‘‘(D) The date described in this subpara- look-back date described in subparagraph United States Code, as added by subsection graph is the first day of the first month in or (C)(i) that the Secretary determines would (a), and subsections (a)(2), (a)(4), (b)(2), and after which covered resources were disposed reasonably have been consumed for the (c) of section 1543 of such title, as added by of for less than fair market value and which child’s maintenance; divided by subsection (b), shall take effect on the date does not occur in any other period of ineligi- ‘‘(ii) the maximum amount of monthly that is one year after the date of the enact- bility under this paragraph. pension that is payable to a child under sec- ment of this Act and shall apply with respect ‘‘(E) The number of months calculated tion 1542 of this title, to payments of pension and increased pen- under this clause shall be equal to— rounded down, in the case of any fraction, to sion applied for after such date and to pay- ‘‘(i) the total, cumulative uncompensated the nearest whole number, but shall not in ments of pension and increased pension for value of the portion of the covered resources any case exceed 36 months.’’; and which eligibility is redetermined after such

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.022 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — SENATE S6271 date, except that no reduction in pension AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without shall be made under such subsections be- MEET objection, it is so ordered. cause of any disposal of covered resources made before such date. COMMITTEE ON ARMED SERVICES f Mr. SANDERS. Mr. President, I ask (d) ANNUAL REPORTS.— ADDING EBOLA TO THE FDA PRI- unanimous consent that the Com- (1) IN GENERAL.—Not later than 900 days ORITY REVIEW VOUCHER PRO- after the date of the enactment of this Act mittee on Armed Services be author- GRAM ACT and not less frequently than once each year ized to meet during the session of the thereafter through 2018, the Secretary of Senate on December 2, 2014, at 9:30 a.m. Mr. REID. I ask unanimous consent Veterans Affairs shall submit to the appro- The PRESIDING OFFICER. Without that the Senate proceed to the consid- priate committees of Congress a report on objection, it is so ordered. eration of Calendar No. 602, S. 2917. the administration of subsections (a)(2), COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. The (b)(2), and (c) of section 1522 of title 38, TRANSPORTATION clerk will report the bill by title. United States Code, as added by subsection Mr. SANDERS. Mr. President, I ask The assistant legislative clerk read (a), and subsections (a)(2), (a)(4), (b)(2), and as follows: (c) of section 1543 of such title, as added by unanimous consent that the Com- subsection (b), during the most recent 12- mittee on Commerce, Science, and A bill (S. 2917) to expand the program of month period. Transportation be authorized to meet priority review to encourage treatments for (2) ELEMENTS.—Each report submitted during the session of the Senate on De- tropical diseases. under paragraph (1) shall include the fol- cember 2, 2014, at 2:30 p.m. in room SR– There being no objection, the Senate lowing, for the period covered by the report: 253 of the Russell Senate Office Build- proceeded to consider the bill. (A) The number of individuals who applied ing to conduct a hearing entitled, ‘‘Ad- Mr. REID. I ask unanimous consent for pension under chapter 15 of such title. that the bill be read a third time, (B) The number of individuals who received dressing Domestic Violence in Profes- pension under such chapter. sional Sports.’’ passed, and the motion to reconsider be (C) The number of individuals with respect The PRESIDING OFFICER. Without considered made and laid upon the to whom the Secretary denied or discon- objection, it is so ordered. table, with no intervening action or de- tinued payment of pension under the sub- COMMITTEE ON ENVIRONMENT AND PUBLIC bate. sections referred to in paragraph (1). WORKS The PRESIDING OFFICER. Without (D) A description of any trends identified Mr. SANDERS. Mr. President, I ask objection, it is so ordered. by the Secretary regarding pension pay- unanimous consent that the Com- The bill (S. 2917) was ordered to be ments that have occurred as a result of the mittee on Environment and Public engrossed for a third reading, was read amendments made by this section. (E) Such other information as the Sec- Works be authorized to meet during the third time, and passed, as follows: retary considers appropriate. the session of the Senate on December S. 2917 (3) APPROPRIATE COMMITTEES OF CONGRESS 2, 2014, at 2:15 p.m. in room SD–406 of Be it enacted by the Senate and House of Rep- DEFINED.—In this subsection, the term ‘‘ap- the Dirksen Senate Office Building. resentatives of the United States of America in propriate committees of Congress’’ means— The PRESIDING OFFICER. Without Congress assembled, (A) the Committee on Veterans’ Affairs objection, it is so ordered. SECTION 1. SHORT TITLE. and the Select Committee on Aging of the COMMITTEE ON FOREIGN RELATIONS This Act may be cited as the ‘‘Adding Senate; and Mr. SANDERS. Mr. President, I ask Ebola to the FDA Priority Review Voucher (B) the Committee on Veterans’ Affairs of Program Act’’. the House of Representatives. unanimous consent that the Com- mittee on Foreign Relations be author- SEC. 2. PRIORITY REVIEW TO ENCOURAGE TREATMENTS FOR TROPICAL DIS- ized to meet during the session of the EASES. Mr. WYDEN (for himself, SA 3970. Senate on December 2, 2014, at 2:30 p.m. Section 524 of the Federal Food, Drug, and Mr. SCOTT, and Mr. MERKLEY) sub- The PRESIDING OFFICER. Without Cosmetic Act (21 U.S.C. 360n) is amended— mitted an amendment intended to be objection, it is so ordered. (1) in subsection (a)(3)— proposed by him to the bill S. 2410, to COMMITTEE ON HEALTH, EDUCATION, LABOR, (A) by redesignating subparagraph (Q) as authorize appropriations for fiscal year AND PENSIONS subparagraph (R); 2015 for military activities of the De- Mr. SANDERS. Mr. President, I ask (B) by inserting after subparagraph (P) the following: partment of Defense, for military con- unanimous consent that the Com- struction, and for defense activities of ‘‘(Q) Filoviruses.’’; and mittee on Health, Education, Labor, (C) in subparagraph (R), as so redesignated, the Department of Energy, to prescribe and Pensions be authorized to meet by striking ‘‘regulation by’’ and inserting military personnel strengths for such during the session of the Senate on De- ‘‘order of’’; and fiscal year, and for other purposes; cember 2, 2014, at 9:30 a.m. in room SD– (2) in subsection (b)— which was ordered to lie on the table; 430 of the Dirksen Senate Office Build- (A) in paragraph (2), by adding ‘‘There is as follows: ing. no limit on the number of times a priority review voucher may be transferred before At the end of subtitle H of title X, add the The PRESIDING OFFICER. Without objection, it is so ordered. such voucher is used.’’ after the period at the following: end; and SELECT COMMITTEE ON INTELLIGENCE SEC. 1087. PROHIBITION ON CLOSURE OF CER- (B) in paragraph (4), by striking ‘‘365 days’’ TAIN COAST GUARD FACILITIES. Mr. SANDERS. Mr. President, I ask and inserting ‘‘90 days’’. unanimous consent that the Select f (a) PROHIBITION.—The Coast Guard may Committee on Intelligence be author- not— MEASURE READ THE FIRST (1) close a Coast Guard air facility that ized to meet during the session of the was in operation on November 30, 2014; Senate on December 2, 2014, at 3 p.m. TIME—S. 2970 (2) retire an aviation asset from an air fa- The PRESIDING OFFICER. Without Mr. REID. It is my understanding cility described in paragraph (1); or objection, it is so ordered. that S. 2970 is due for its first reading. (3) transfer an aviation asset from an air SUBCOMMITTEE ON WATER AND WILDLIFE The PRESIDING OFFICER. The Sen- facility described in paragraph (1), except as Mr. SANDERS. Mr. President, I ask ator is correct. provided in subsection (b). unanimous consent that the Sub- The clerk will read the bill by title (b) EMERGENCY TRANSFER AUTHORITY.— committee on Water and Wildlife of the for the first time. Notwithstanding subsection (a)(3), the Coast Committee on Environment and Public The assistant legislative clerk read Guard may temporarily relocate an aviation Works be authorized to meet during as follows: asset for not more than 30 days in the event the session of the Senate on December of an emergency, after providing notice of A bill (S. 2970) to reform procedures for de- the pending temporary relocation to the 2, 2014, at 9:30 a.m., in room SD–406 of terminations to proceed to trial by court- Committee on Commerce, Science, and the Dirksen Senate Office Building, to martial for certain offenses under the Uni- Transportation of the Senate and the Com- conduct a hearing entitled, ‘‘Innova- form Code of Military Justice, and for other mittee on Transportation and Infrastructure tion and the Utilities of the Future: purposes. of the House of Representatives. How Local Water Treatment Facilities Mr. REID. Mr. President, I ask for a (c) SUNSET.—This section is repealed effec- are Leading the Way to Better Manage second reading but object to my own tive January 1, 2016. Wastewater and Water Supplies.’’ request.

VerDate Sep 11 2014 03:24 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A02DE6.022 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S6272 CONGRESSIONAL RECORD — SENATE December 2, 2014 The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without tions. Another series of votes, as many tion having been heard, the bill will re- objection, it is so ordered. as six, will occur at 5:30 p.m. ceive its second reading on the next The bill (H.R. 4924) was ordered to a legislative day. third reading, was read the third time, f f and passed. ADJOURNMENT UNTIL 9:30 A.M. BILL WILLIAMS RIVER WATER f TOMORROW RIGHTS SETTLEMENT ACT OF 2014 ORDERS FOR WEDNESDAY, Mr. REID. Mr. President, if there is Mr. REID. Mr. President, I ask unan- DECEMBER 3, 2014 no further business to come before the imous consent that the Senate proceed Mr. REID. Mr. President, I ask unan- Senate, I ask unanimous consent that to the immediate consideration of H.R. imous consent that when the Senate it adjourn under the previous order. 4924, which is at the desk. completes its business today, it ad- There being no objection, the Senate, The PRESIDING OFFICER. Without journ until 9:30 a.m. on Wednesday, De- at 7:09 p.m., adjourned until Wednes- objection, it is so ordered. cember 3, 2014; that following the pray- day, December 3, 2014, at 9:30 a.m. The clerk will report the bill by title. er and pledge, the morning hour be The assistant legislative clerk read f deemed expired, the Journal of pro- as follows: ceedings be approved to date, and the CONFIRMATIONS A bill (H.R. 4924) to direct the Secretary of the Interior to enter into the Big Sandy time for the two leaders be reserved for Executive nominations confirmed by River-Planet Ranch Water Rights Settle- their use later in the day; and that fol- the Senate December 2, 2014: ment Agreement and the Hualapai Tribe Bill lowing any leader remarks, the Senate DEPARTMENT OF STATE Williams River Water Rights Settlement resume executive session and consider- Agreement, to provide for the lease of cer- COLLEEN BRADLEY BELL, OF CALIFORNIA, TO BE AM- ation of the Burrows nomination, with BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF tain land located within Planet Ranch on the the time until 10 a.m. equally divided THE UNITED STATES OF AMERICA TO HUNGARY. Bill Williams River in the State of Arizona and controlled between the two leaders to benefit the Lower Colorado River Multi- DEPARTMENT OF HOUSING AND URBAN Species Conservation Program, and to pro- or their designees. DEVELOPMENT vide for the settlement of specific water The PRESIDING OFFICER. Without NANI A. COLORETTI, OF CALIFORNIA, TO BE DEPUTY rights claims in the Bill Williams River wa- objection, it is so ordered. SECRETARY OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. tershed in the State of Arizona. f DEPARTMENT OF STATE There being no objection, the Senate PROGRAM NOAH BRYSON MAMET, OF CALIFORNIA, TO BE AMBAS- proceeded to consider the bill. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF Mr. REID. Mr. President, I ask unan- Mr. REID. For the information of all THE UNITED STATES OF AMERICA TO THE ARGENTINE imous consent that the bill be read a Senators, there will be five rollcall REPUBLIC. third time and passed and the motion votes at 10 a.m. tomorrow morning on CONSUMER PRODUCT SAFETY COMMISSION to reconsider be considered made and the confirmation of the Burrows and ROBERT S. ADLER, OF THE DISTRICT OF COLUMBIA, TO Lopez nominations and cloture on the BE A COMMISSIONER OF THE CONSUMER PRODUCT SAFE- laid upon the table with no intervening TY COMMISSION FOR A TERM OF SEVEN YEARS FROM OC- action or debate. Hale, Kearney, and Pappert nomina- TOBER 27, 2014.

VerDate Sep 11 2014 05:01 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 9801 E:\CR\FM\G02DE6.050 S02DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1683 EXTENSIONS OF REMARKS

REMEMBERING DELORES ‘‘DEE’’ The progressive mission of DeGraff Memo- When asked how he was able to make it PIPINO rial places the community at the center. Each through the dangers and challenges of war, day, those employed by the hospital work to Mr. Cecil said, ‘‘I took it one day at a time, HON. TIM RYAN advance the health of the community and pro- and I did what I was supposed to do.’’ Today, OF OHIO vide exceptional quality services to those in he can still vividly recall his experience, and is IN THE HOUSE OF REPRESENTATIVES need, paired with a commitment to education often reminded of his involvements by gazing Tuesday, December 2, 2014 and research that is accessible to all. The val- at a portrait of a Japanese officer whom he ues of the hospital are accountability, patient- killed in combat. However, it was Mr. Cecil’s Mr. RYAN of Ohio. Mr. Speaker, I rise today centered, integrity, and excellence. discovery of a map in the officer’s pocket to remember and honor the life of Delores M. The hospital has received national recogni- which outlined many of the enemy’s artillery ‘‘Dee’’ Pipino, 83, who passed away on Octo- tion as a Nurses Improving Care for positions that earned him a battlefield pro- ber 17, 2014 surrounded by her loving family. Healthsystem Elders Hospital for their excel- motion from private to corporal. Mr. Cecil also Dee devoted her life to her family. Her chil- lence in providing sensitive and exemplary earned a Purple Heart due to the injuries he dren, grandchildren, and great-grandchildren care for those over 65 years of age. sustained during battle. were her favorite topic of conversation and Mr. Speaker, thank you for allowing me to Mr. Cecil’s bravery and that of his fellow were her greatest source of pride and joy. As recognize DeGraff Memorial Hospital as the men and women in uniform secured our free- a lifelong resident of Poland, Ohio, Dee was 2014 Business of the Year for the Chamber of doms for future generations. He is truly an an active part of her community as a longtime Commerce of the Tonawandas. I commend outstanding American, a protector of freedom, member of the Holy Family Parish and the hard work of those employed by the hos- and an inspiration to us all. Fonderlac Country Club. Aside from being pital and their dedication to the health of our f dedicated to her home and her family, she community. was an excellent cook and baker, a great sew- f TRIBUTE TO ADVERTISING ing and interior design student, all while re- INNOVATOR JOE PHILPORT, PH.D. maining an avid reader. Dee’s three year bat- HONORING THE SERVICE OF MR. tle with cancer was exhausting, but she faced JAMES T. CECIL HON. DAVID SCOTT it with a resilient courage and strength that will OF GEORGIA remain an inspiration to all who knew her. HON. ANDY BARR IN THE HOUSE OF REPRESENTATIVES Preceded in death by her loving parents and OF KENTUCKY husband, Donald; four sisters, Anne, Mary, IN THE HOUSE OF REPRESENTATIVES Tuesday, December 2, 2014 Clara, and Janet; and her brother, Anthony. Tuesday, December 2, 2014 Mr. DAVID SCOTT of Georgia. Mr. Speaker, She will be deeply missed and her memory Mr. BARR. Mr. Speaker, I rise today to rec- today I rise to offer a tribute to a leader in ad- cherished by her children Mary, Chris, Sam, ognize an outstanding individual, Mr. James T. vertising research and innovation—Joe and Joe; grandchildren Eddie, Deloran and Cecil of Lexington, Kentucky, for his distin- Philport, Ph.D.—who plans to retire at the end Donielle, Candace and Donald, Sammy, Gray- guished military service during World War II. of this year. son; great-grandchildren Luca and Dane. Al- Mr. Cecil served our nation in uniform from I have a special appreciation for advertising, though no longer with us Dee’s loving memory August 26, 1942 to September 15, 1945. based on my professional background. After will be cherished by all who knew her. We At the age of 19 years old, Mr. Cecil was earning an MBA from Wharton, I started an miss her. one of 70 young men from Central Kentucky advertising business in Atlanta, Georgia, rep- f who voluntarily enlisted as a private in the Ma- resenting major corporations and other clients. RECOGNIZING DEGRAFF MEMO- rine Corps with what was known as the Lex- Therefore, I know the importance of ratings RIAL HOSPITAL AS THE 2014 ington Platoon. Today, Mr. Cecil is the only when buying and selling media for advertising. BUSINESS OF THE YEAR surviving member of the original Lexington All parties benefit from the availability of a Platoon. trusted currency to measure audience. HON. BRIAN HIGGINS During the United States’ campaign to Dr. Philport led the development of a mod- achieve victory over the Axis Powers, Mr. ernized method to measure audiences for out OF NEW YORK Cecil entered the war by joining some of the of home advertising. IN THE HOUSE OF REPRESENTATIVES bloodiest battles of the Pacific and continued In 2002, he became chief executive officer Tuesday, December 2, 2014 to fight until the Empire of Japan signed the of the Traffic Audit Bureau (TAB). In those Mr. HIGGINS. Mr. Speaker, I rise today to Japanese Instrument of Surrender on board days, out of home media was measured by recognize DeGraff Memorial Hospital as the the USS Missouri on September 2, 1954. traffic counts, or how many people were likely 2014 Chamber of Commerce of the Tona- Mr. Cecil was a member of the first wave of to pass by a billboard or a bus shelter. wandas Business of the Year. This award is U.S. forces that stormed the islands of Saipan By early 2010, guided by Dr. Philport’s lead- especially relevant this year, as DeGraff Me- and Tarakan. He was delayed entering the ership, TAB introduced a new ratings system morial is celebrating 100 years of service and battles on the island of Okinawa for one day that measures audiences that actually see out care to Western New York. due to a Japanese kamikaze plane striking the of home ads. DeGraff Memorial Hospital is a Kaleida naval ship he was aboard and causing him The modernized TAB Out of Home Ratings Health Facility that has served the Tona- and his fellow service members to abandon provides detailed information about audiences, wandas and the Northtowns since 1914. A ship. Astonishingly, after floating in the shark including age, gender, and ethnicity. major employer in North Tonawanda, the hos- infested waters for about 45 minutes, Mr. Cecil This sort of information is important to those pital has 70 inpatient beds to provide nec- was rescued by a nearby U.S. naval vessel. buying media, the customers. Mr. Speaker, I essary services. On June 20, 1944, during fierce combat on have been a longtime billboard customer, so DeGraff’s versatility in health services is the islands of Saipan, Mr. Cecil received these types of improvements in audience known throughout the region. The hospital is shrapnel wounds throughout his body caused measurement are important to me personally. equipped to provide medical, surgical, and di- by an enemy’s exploding artillery ordinance. The ability to collect and analyze vast agnostic services to both inpatients and out- Because of a severe concussion that left him amounts of data offers benefits in the effi- patients. In addition, long term residential care unconscious, Mr. Cecil was believed by his ciency of communicating messages. We all is offered through a Skilled Nursing Facility, comrades to be dead. Miraculously, Mr. Cecil know the need to balance the use of data with and special rehabilitation units are available recovered and courageously returned to the respect for privacy. As a former advertising for patients that require extensive recovery battlefield, fighting until the Marines took con- executive and as a buyer of advertising, I ask through acute and subacute care. trol of the islands. my colleagues to join me in commending Dr.

∑ 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 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K02DE8.001 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1684 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 Joe Philport for his contributions to the adver- The Zonta Club of the Tonawandas was tive efforts on affordable housing. Rick is tising industry and to wish him well in formed on April 15th, 1931, by founding offi- keenly aware of the need for more affordable retirement. cers Mrs. Helen Annis, Miss Althea Wilson, housing in our nation and has said, ‘‘Some- f Miss Emma Barnard, Mrs. Lillian Dickson, times Congress gets the Tax Code right,’’ re- Mrs. Benjamin Rand. Their Charter Members ferring to the Affordable Housing Credit. He at- IN RECOGNITION OF MRS. PENNY were Pauline VanVorhees, Marian Strum, Mar- tributes the bipartisan support of the program LUKENBILL’S SERVICE TO MAR- garet McNerney, Catherine Rowley Lautz, to the fact that the tax credit truly goes to SHALL COUNTY, INDIANA Clara Collins, Grace Eaton, Rena Hilton, and those it purports to benefit, not investors or Edna Sutton. developers of affordable rental housing, but HON. JACKIE WALORSKI The mission of the Zonta Club is a world- the actual tenants of these housing develop- OF INDIANA wide network of executives and professionals ments. IN THE HOUSE OF REPRESENTATIVES working together to advance the status of Mr. Speaker, I ask the entire House of Rep- women worldwide through service and advo- Tuesday, December 2, 2014 resentatives to join me in saluting and con- cacy. gratulating Rick Goldstein as he receives this Mrs. WALORSKI. Mr. Speaker, today I rise The Zonta Club of the Tonawandas focuses great honor. Thousands of families and indi- to recognize Mrs. Penny Lukenbill, for her on scholarship awards to college bound stu- viduals live in affordable, decent housing service and dedication to Marshall County and dents and providing financial assistance to across our country today because of his work. the State of Indiana for the past 15 years. local outreach organizations. Annual scholar- Rick Goldstein has strengthened communities A resident of Plymouth, Indiana, Penny and ships have been awarded to Tonawanda and and our country through his extraordinary work her husband Kenneth have been married for North Tonawanda High School graduates. and it is an honor to pay tribute to a great 39 years. In 1981 they welcomed their son Local aid organizations that have benefitted man, a prized professional and a valued Adam who is now an attorney and partner in from the generosity of the Zonta Club include friend. his father’s law firm Lukenbill and Lukenbill. Inner Faith Food Pantry, Meals on Wheels, f Eager to continue her own education, Mrs. Salvation Army and YWCA Carrel House. Lukenbill received her bachelor’s degree in In partnership with the YWCA of the Tona- RECOGNIZING COACH KEN SPARKS psychology from Indiana University South wandas, the Zonta Club has developed ZAP, OF CARSON-NEWMAN UNIVERSITY Bend in 1995, where she graduated cum a computer education and training program for laude. women. ZAP teaches basic keyboarding, HON. DAVID P. ROE Mr. Speaker, Mrs. Lukenbill has displayed a Microsoft Word, and Microsoft Excel skills, OF TENNESSEE constant commitment to serving Hoosiers of which helps participants build independence IN THE HOUSE OF REPRESENTATIVES Marshall County. In 1999 she was elected to and self-worth. Tuesday, December 2, 2014 serve as the county treasurer, and held that Mr. Speaker, thank you for allowing me a position until 2007, when she was elected as few moments to recognize the Zonta Club of Mr. ROE of Tennessee. Mr. Speaker, I sub- the Marshall County Auditor. In addition to her the Tonawandas for their excellent community mit these remarks today to recognize Coach duties as auditor, she served as president of service work. I wish them the best in all their Ken Sparks of the Carson-Newman’s Eagles both the Association of Indiana Counties and future endeavors and commend their honor- football program on becoming number 6 on the Indiana County Treasurers Association. able mission. the NCAA’s all-time career wins list with 324 Mrs. Lukenbill’s dedication to her community is f victories. As a member of this distinguished evident from her past membership on the group, Coach Sparks has helped set the bar Plymouth Public Library Board of Trustees, TRIBUTE TO RICHARD S. GOLD- for athletic excellence in our corner of East Plymouth Park Board, and the Plymouth In- STEIN ON HIS INDUCTION INTO Tennessee. This recognition stands as a tes- dustrial Development Corporation Board. Dur- THE AFFORDABLE HOUSING tament to his hard work and dedication. ing Mrs. Lukenbill’s distinguished career in HALL OF FAME Over his 35 year career at Carson-Newman, public service, she has received multiple Coach Sparks has led the Eagles to five NAIA awards and recognitions. In 2012, she re- HON. ANNA G. ESHOO championships and 24 playoff appearances. ceived Outstanding County Auditor from the OF CALIFORNIA Personally, he has attained many awards in- Indiana Association of County Commissioners IN THE HOUSE OF REPRESENTATIVES cluding the12-time SAC Coach of the Year, and in 2004, she was awarded the Plymouth the 2002 Division II Coach of the Year, and Tuesday, December 2, 2014 Chamber of Commerce Public Servant of the was inducted into the Tennessee Sports Hall Year. Ms. ESHOO. Mr. Speaker, I rise today to of Fame. These awards are just a small reminder of honor Richard Goldstein on his induction into In addition to his successes on the field, how much Mrs. Lukenbill’s service has meant the Affordable Housing Hall of Fame. Afford- Coach Sparks has also devoted his career to to the citizens of Marshall County. Her exem- able Housing Finance magazine created the the development of his players within the com- plary dedication to the community is seen in Hall of Fame in 2006, honoring those who munity. Serving as mentor to countless young her service as an elder at the First Pres- shape, develop and preserve affordable hous- athletes, he has instilled the values of hard byterian Church of Plymouth and in leading ing by advocacy, drafting policy and legisla- work and perseverance into those playing for past Lions Sight mission trips to Mexico. tion, and building projects. Rick Goldstein has him. Coach Sparks has served as an inspira- On behalf of Indiana’s Second Congres- earned and richly deserves his place in the tion to our community and has impacted the sional District, I am honored to recognize Hall of Fame. lives of those around him. Penny Lukenbill’s service and her unprece- Rick earned his undergraduate degree from I thank Coach Sparks for his service to Car- dented community involvement throughout the State University of New York at Buffalo son-Newman University and our community. Marshall County. and his Juris Doctor from Boston College f f School of Law and he is a partner in the law firm of Nixon Peabody LLP. He has worked TRIBUTE TO HER EXCELLENCY RECOGNIZING THE ZONTA CLUB tirelessly to preserve the low-income tax credit DEBORAH-MAE LOVELL, AMBAS- OF THE TONAWANDAS since its enactment in 1986, and is a national SADOR OF ANTIGUA AND BAR- authority on the program. One of Rick’s part- BUDA HON. BRIAN HIGGINS ners wrote, ‘‘This is a significant tribute recog- OF NEW YORK nizing Rick’s leadership and experience coun- HON. DONALD M. PAYNE, JR. IN THE HOUSE OF REPRESENTATIVES seling syndicators, investors, developers and OF NEW JERSEY others on complex transactions and policy in- IN THE HOUSE OF REPRESENTATIVES Tuesday, December 2, 2014 volving the low-income housing tax credit.’’ Mr. HIGGINS. Mr. Speaker, I rise today to Rick Goldstein’s stellar legal career has Tuesday, December 2, 2014 recognize the Zonta Club of the Tonawandas been dedicated to preserving the low-income Mr. PAYNE. Mr. Speaker, I ask my col- as the Chamber of Commerce of the Tona- housing tax credit and advising clients on how leagues here in the House of Representatives wandas honors the club for their outstanding the tax credit will impact their businesses. He to join me as I rise to pay tribute to H.E. community service at their 2014 Awards Din- is a trusted advisor to many Members of Con- Deborah-Mae Lovell, Antigua and Barbuda’s ner. gress who rely on him to assist in their legisla- Ambassador to the United States of America

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K02DE8.003 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1685 and Antigua and Barbuda’s Permanent Rep- bassador Lovell deserves to be recognized for has always remained close to his roots, doing resentative to the Organization of American a job well done and for her many years of all he can to promote the Tonawandas. States (OAS) who distinguished herself in service to the people of Antigua and Barbuda, In 1947, Ramblin’ Lou started a ‘‘Twin Cit- strengthening the bonds of friendship between the United States of America and the Organi- ies’’ radio show on 1440AM in Niagara Falls, Antigua and Barbuda and our country as well zation of American States. New York to honor merchants in the Tona- as by her work through the OAS in promoting f wandas. He has performed many assemblies peace and goodwill in our hemisphere. Am- at Tonawanda High School to benefit various bassador Lovell will enter into retirement on IN RECOGNITION OF N.E. REED ON charitable causes and community members. December 1, 2014 having served her country HIS RETIREMENT AS EDMONSON Annually, Lou and Charlie Fleischman orga- for over thirty-one years, ten of which were COUNTY JUDGE-EXECUTIVE nized an annual benefit show for the ‘‘Twin spent in the roles of Ambassador and Perma- Cities’’ for over 25 years. Since the introduc- nent Representative in Washington D.C. HON. BRETT GUTHRIE tion of Canal Fest in 1983, the Ramblin’ Lou As Ambassador to the United States of OF KENTUCKY Family Band has performed at the iconic America, Ambassador Lovell built bridges of IN THE HOUSE OF REPRESENTATIVES Tonawanda festival. understanding at both the executive and legis- Tuesday, December 2, 2014 A lifetime member of Musicians’ Local #209/ lative branches where she consistently en- 106 of Tonawanda, Lou served as the presi- gaged officials on the imperative of imple- Mr. GUTHRIE. Mr. Speaker, I rise today in dent and general manager of WXRL Radio. menting mutually beneficial policies. Beyond recognition of N.E. Reed. After serving more Ramblin’ Lou is the recipient of many local this, she earned the trust of the fourteen mem- than 20 years as the Edmonson County and national honors. In 1978, he was inducted ber independent countries of the Caribbean Judge-Executive, N.E. will retire at the end of into the Walkway of Stars in the Country Community (CARICOM) to lead discussions the year. Music Hall of Fame in Nashville, Tennessee. with members of the legislative branch on Prior to taking elected office in 1994, N.E. Other honors include the induction into the issues ranging from energy through security taught at Kyrock Elementary School, was an and immigration to trade. Always active in pro- Buffalo Music Hall of Fame in 1996; the Distin- employee at Cutler Hammer and worked in guished Broadcaster Award from the Buffalo moting the rights of the underserved and the the dairy industry doing quality assurance. underrepresented, Ambassador Lovell was a Broadcaster Pioneers in May 1998; the Tona- Throughout each of these jobs, N.E. has al- wanda High School Distinguished Alumni passionate advocate for youth, afro-descents ways been a fixture in the Edmonson County and women at the OAS. Propelled by the be- Award in May 2002; serving as Grand Mar- community. His list of accomplishments is shall for the Canal Fest Parade in July 2007; lief that young people are our investment in long; from purchasing buildings to serve as the future, she identified youth empowerment and election into the New York State Country the home of key local offices, to rebuilding Music Hall of Fame in 2010. as the theme when she chaired the Perma- others, N.E. has left his mark on Edmonson nent Council of the OAS. Her initiative was Mr. Speaker, thank you for allowing me a County. During his time as Chair of the Re- complemented by the thirty-four Foreign Min- few moments to recognize the life and career gional Development Board, N.E. expanded the isters and Representatives of the highest pol- of Ramblin’ Lou Schriver. His broadcast excel- county’s buildings—all while leaving icy making body of the OAS, the General As- lence and promotion of his hometown are hon- Edmonson County debt free. Basketball sembly, (the Thirty-Eighth Regular Session) orable, and I wish him the best in all his future courts, playgrounds and walking trails are who crafted a declaration, Youth and Demo- endeavors. among the many additions he made by invest- cratic Values, that committed the hemisphere ing in local parks for the community. to strengthening the political, social and eco- f Mammoth Cave, which covers a large part nomic participation of youth in the democratic of Edmonson County, didn’t become what it is HONORING RETIREMENT OF process. POLICE OFFICER JOHN M. POPPE During Ambassador Lovell’s tenure, Antigua today overnight. N.E. ensured that families and Barbuda spearheaded the adoption of two who sold land to create the park were pro- landmark Conventions at the OAS that would tected and that the land would be preserved HON. JOHN GARAMENDI help to eliminate racism and intolerance. for future generations to enjoy. OF CALIFORNIA These were the Inter-American Convention N.E.’s commitment and selflessness is clear IN THE HOUSE OF REPRESENTATIVES against Racism, Racial Discrimination and Re- to everyone in Edmonson County. But it is Tuesday, December 2, 2014 lated Forms of Intolerance and the Inter-Amer- even more evident that by putting the people Mr. GARAMENDI. Mr. Speaker, I rise today ican Convention on All Forms of Discrimina- first, he has established a strong community to recognize Police Officer George M. Poppe tion and Intolerance. Furthermore, on the that will benefit the entire region for years to as he retires after more than 24 years of law question of women’s rights, Ambassador come. enforcement service. Lovell has championed women entrepreneur- I am grateful for all of N.E.’s hard work and ship and has worked against domestic vio- dedication to the people of Edmonson County. Officer Poppe began his law enforcement lence. I wish him well on his retirement and look for- career in 1990 as a Police Officer with the City Ambassador Lovell is an ardent believer in ward to continuing to work with him in the of Albany. On November 3, 1997, he was international cooperation and by forming part- community. hired as a Police Officer with the Fairfield Po- nerships with friendly countries; she has laid f lice Department. Officer Poppe served the the groundwork in establishing a modern ad- community in various capacities that included HONORING ‘‘RAMBLIN’ LOU’’ dress system for her country that would lead Patrol, Violent Crime Suppression, and Major SCHRIVER AS HE RECEIVES THE to the better provision of government services Crimes Investigation. Some of his most signifi- 2014 LIFETIME ACHIEVEMENT such as the distribution of utilities. In 2010, cant contributions to the Police Department Ambassador Lovell was bestowed a knight- AWARD have been the special assignments he held in- hood, the highest honor of Antigua and Bar- cluding Special Activity and Felony Enforce- buda for her services rendered in the field of HON. BRIAN HIGGINS ment (SAFE Team), Special Weapons and diplomacy and carries the title Dame Com- OF NEW YORK Tactics (SWAT Team), K–9 Handler, Firearms mander of the Most Distinguished Order of the IN THE HOUSE OF REPRESENTATIVES Instructor, and Field Training Officer. Officer Poppe has received numerous com- Nation. Ambassador Lovell has received com- Tuesday, December 2, 2014 mendations by the State of Maryland, the City mendations from citizens and coworkers, and of Baltimore, the Maryland House of Dele- Mr. HIGGINS. Mr. Speaker, today I rise to he was awarded two Lifesaving Medals, the gates, the Lieutenant Governor of the Com- honor Lou Schriver as he receives the Lifetime first in 2000 and the second in 2001, for his monwealth of Pennsylvania, the National As- Achievement Award from the Chamber of heroic intervention, exemplary performance sociation of Negro Business and Professional Commerce of the Tonawandas. Known as and dedication to duty during two critical and Women’s Club and the Consulate General of Ramblin’ Lou, the Tonawanda native’s distin- life-threatening incidents. Antigua and Barbuda. Under Ambassador guished career in broadcasting is worthy of Officer Poppe has been a valued employee Lovell’s leadership, the Embassy of Antigua praise. and his commitment to the community was and Barbuda had been selected as one of the Born and raised on Young Street in Tona- evidenced on a daily basis. He is a loyal rep- top ten embassies in Washington D.C. wanda, New York, Ramblin’ Lou worked at his resentative of the law enforcement community Mr. Speaker, I know my fellow members of father’s riding academy during his childhood. and admired for his hard work, dedication, and the House of Representatives agree that Am- While he has earned national recognitions, he positive work ethic.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K02DE8.012 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1686 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 IN MEMORY OF THOMAS ‘‘TOMMY’’ cared about people and improving this world. In addition to his legal work, Mr. Saltarelli THOMPSON That is his legacy. That is what he will always has leadership roles in many non-profit organi- be known for. That is a legacy anyone would zations, including the Knights of Columbus, HON. JOE BARTON be proud of, and we will be forever grateful for the Tonawanda Club, the Kiwanis Club of the OF TEXAS all that Tommy did on behalf of patients and Tonawandas, the Riviera Theatre, Gateway IN THE HOUSE OF REPRESENTATIVES innovators. Harbor, Inc., and Buffalo’s Franciscan Center. Thomas ‘‘Tommy’’ Thompson led a life dedi- Mr. Saltarelli is involved heavily in the St. Tuesday, December 2, 2014 cated to that old-fashioned notion that if you’re Francis of Assisi Parish Council and their Mr. BARTON. Mr. Speaker, I rise with a focused on helping others, you truly can school board. While the school is in danger of heavy heart today to honor an amazing life, change the world. Tommy did change the closing, Mr. Saltarelli has joined with many in and a legendary career. On November 6th, world, and we are all better off thanks to his the community in an attempt to keep the America lost one of the great innovators in selfless passion and generosity. school open. medical technology and a dear friend of mine, f A family man, Mr. Saltarelli enjoys spending Thomas ‘‘Tommy’’ Thompson. While Tommy time with his wife Marcia and their two chil- IN RECOGNITION OF DR. MIKE Thompson may not be a household name, dren, Rachel and Mark Thomas. there is not one household in America who MCCALL ON HIS RETIREMENT AS Mr. Speaker, thank you for allowing me a has not been touched by his life’s work. PRESIDENT OF THE KENTUCKY few moments to recognize the accomplish- Tommy was a dynamic medical device inno- COMMUNITY AND TECHNICAL ments of Mark Saltarelli, the Chamber of Com- vator whose passion in life was to improve the COLLEGE SYSTEM merce of the Tonawandas Citizen of the Year. human condition. And in this pursuit he was I congratulate Mr. Saltarelli on this honor and immensely successful. But Tommy wasn’t con- HON. BRETT GUTHRIE wish him continued success in all his future tent with his own successes, he wanted to OF KENTUCKY endeavors. make sure that the countless doctors, engi- IN THE HOUSE OF REPRESENTATIVES f neers and other innovators in this field also Tuesday, December 2, 2014 had an environment where they could develop CELEBRATING STEP AFRIKA! ON medical breakthroughs. Tommy was the type Mr. GUTHRIE. Mr. Speaker, I rise today in ITS 20TH ANNIVERSARY of leader who didn’t just point out problems, recognition of Dr. Mike McCall. After more he tirelessly fought to fix them. In 1992, he than 15 years serving as the President of the HON. ELEANOR HOLMES NORTON joined with a group of innovators to establish Kentucky Community and Technical College System (KCTCS), Dr. McCall will retire in Jan- OF THE DISTRICT OF COLUMBIA the Medical Device Manufacturers Association IN THE HOUSE OF REPRESENTATIVES to give the innovative and entrepreneurial sec- uary 2015. KCTCS, a network of 16 colleges located tor of the industry a strong and independent Tuesday, December 2, 2014 throughout the Commonwealth of Kentucky, voice in the nation’s capital. What started as Ms. NORTON. Mr. Speaker, I rise today to currently educates more than 92,000 students. a handful of medical technology companies ask the House of Representatives to join me Kentucky’s Second District is fortunate to be has grown to nearly 300 members across the in celebrating Step Afrika! on its 20th anniver- the home of three of those campuses— United States. Under Tommy’s leadership, the sary, which will be celebrated on December 4, Owensboro Community and Technical Col- association helped drive countless policies 2014. lege, Southcentral Kentucky Community and and regulations that improved patient care and Founded two decades ago, Step Afrika! was Technical College and Elizabethtown Commu- innovation. For the past few years, Tommy originally created as a cultural exchange pro- nity and Technical College. discussed the devastating impact the medical gram with the Soweto Dance Theatre of Jo- During Dr. McCall’s tenure, KCTCS has device tax was having on innovators trying to hannesburg, South Africa, and has grown to grown to be the largest provider of post-sec- develop the cures of tomorrow. Tommy was become an internationally recognized dance ondary education in the Commonwealth. also a tireless advocate to ensure patients and company. Today, KCTCS represents nearly 50 percent physicians had access to the technologies Stepping is a uniquely American art form of all undergraduate college students, serving they needed, and worked to remove barriers that originated on the campuses of Historically more than 5,000 businesses and training more and roadblocks so that they could obtain the Black Colleges and Universities. Step Afrika! than 52,000 employees on an annual basis. is the first professional company dedicated to best care possible. There is no question that Dr. McCall has been the recipient of numer- the art of stepping. Step Afrika! promotes an medical technology innovators today are ous awards and honors, but it is Kentucky that appreciation for stepping through perform- standing on the shoulders of Tommy and all is the real winner. Dr. McCall’s career dedi- ances and arts education programs in the Dis- the passion and hard work he dedicated to- cated to better serving community and tech- trict of Columbia, across the rest of the United wards improving the innovation ecosystem. To nical colleges has been one that will create a States and around the world. honor Tommy, I will continue to work to repeal lasting impact on the Commonwealth. I wish Step Afrika! specializes in the use of step- this tax. Dr. McCall well during this new phase of his Tommy’s passion also extended to helping ping as an educational tool for young stu- life and know that KCTCS will continue to organizations and individuals in his home state dents. Step Afrika! brings stepping and its as- grow and prosper. of Texas. He devoted countless hours to many sociated values of teamwork, commitment and of his favorite organizations there including the f discipline to students in classrooms, non-tradi- Fairhill School, the Foundation for Lovejoy HONORING MARK E. SALTARELLI tional dance venues and performing arts Schools, and Phi Kappa Sigma at The Univer- AS THE 2014 CITIZEN OF THE YEAR venues. Step Afrika! introduced stepping to sity of Texas. the Kennedy Center’s Teaching Artist program Our thoughts and prayers go out to his wife HON. BRIAN HIGGINS in 1998, and served as the first step group for the Washington Performing Arts’ Concerts in Betty and all his family and loved ones at this OF NEW YORK difficult time. We have all lost a great man Schools program. In 2005, Step Afrika! earned IN THE HOUSE OF REPRESENTATIVES whose love of improving patient care was sec- its first DC Mayor’s Arts Award for Out- ond only to that for his family. Tuesday, December 2, 2014 standing Contribution to Education, in ac- At one time or another everyone wonders Mr. HIGGINS. Mr. Speaker, today I rise to knowledgement for its expanding role in arts what kind of legacy our lives might produce, honor Mr. Mark E. Saltarelli as he is recog- education. Step Afrika! brings stepping to and what it is that future generations may say nized as Citizen of the Year by the Chamber more than 20,000 students each year. about our brief time here on Earth. Tommy of Commerce of the Tonawandas. Mr. Step Afrika! is also globally renowned. The never said it—he was too humble and too Saltarelli is a practicing attorney and former organization serves as an official Cultural Am- magnanimous—but I will: Tommy Thompson acting City Court Judge, whose dedication to bassador for the U.S. State Department. It has was a legend and a leader in the medical de- public service and the law is commendable. represented the United States and countries vice industry, allowing patients around the A graduate of the University of Buffalo and around the world including South Sudan. Step world to live longer, healthier lives. He gave Syracuse Law School, Mr. Saltarelli practices Afrika! has also provided moral, welfare, and so much of his time, treasure and talents, at Saltarelli and Associates, P.C., in the city of recreation programs for service members never expecting anything in return. Whether Tonawanda. He is a trusted attorney whose overseas in Bahrain and Djibouti. helping a local school or giving time to mentor sound legal advice has helped many in the Mr. Speaker, I ask the House of Represent- an engineer just starting in the field, Tommy community for decades. atives to join me in congratulating Step Afrika!,

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K02DE8.005 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1687 its Founder and Executive Director, C. Brian U.S. content, we would revise it down to 80 to sell any foreign-processed tuna to the U.S. Williams, and the Chair of Step Afrika!’s Board percent,’’ said Jeff Pike, CEO of Pike Associ- government. StarKist has had to contend with a Food of Directors, Jacqueline N. Francis, M.D. on ates, which lobbies for Bumble Bee. ‘‘We are buying fish from U.S. boats. We are working and Drug Administration ‘‘warning letter’’ 20 years of service to the District of Columbia with U.S. fishermen. We have a U.S. factory for poor workplace conditions in 2011. That and the rest of the United States. and we are the only U.S.-owned major halted its tuna sales to the USDA, but back- f brand.’’ ers of the company say the issue has since Tuna purchases by the U.S. government been resolved. HISTORICAL RECORD OF OPINION represent a significant chunk of change. The Bumble Bee and Chicken of the Sea also EDITORIAL ON CANNED TUNA USDA’s purchases of canned and pouched have their supporters in Congress. Rep. MADE BY CHILD LABOR tuna have equaled around $20 million per Linda Sa´ nchez (D–Calif.) introduced legisla- year over the past decade. tion last year that would loosen the Buy The provision under scrutiny could upend American standards for tuna. ‘‘It simply provides more flexibility to the HON. ENI F.H. FALEOMAVAEGA that market, critics argue. OF AMERICAN SAMOA ‘‘The parameters of the study are so nar- Department of Agriculture’s canned tuna purchasing program. The Tuna Competition IN THE HOUSE OF REPRESENTATIVES row, we know what the outcome will be. It Act is designed to bolster domestic indus- asks them [the USDA] to come up with mul- Tuesday, December 2, 2014 try,’’ said Mattie Mun˜ oz, a Sa´ nchez spokes- tiple options to erode the Buy American Mr. FALEOMAVAEGA. Mr. Speaker, I rise woman. standards,’’ Bonham said. Bumble Bee has a tuna canning plant in today to include, for historical purposes, the Bumble Bee’s advocate contends that Santa Fe Springs, Calif.—based in Sanchez’s following opinion editorial on canned tuna changing the standards would simply bring district—that employs more than 300 work- made by child labor. competition to American Samoa’s tuna in- ers. [From The Hill, Jan. 8, 2014] dustry. ‘‘Congresswoman Sanchez is always happy ‘‘There is a lot of sympathy for American to fight for job creators in the 38th District. TUNA FIRMS SPAR OVER SCHOOL LUNCH Samoa. I’m convinced, even with the change, However, it is important to note that this ACCESS the government will still buy tuna from bill will help US tuna producers nationally,’’ (By Kevin Bogardus) American Samoa,’’ Pike said. ‘‘Tuna is high Munoz said. The world’s largest tuna companies are in protein. Tuna is low in fat. What is your making a splash in Washington with a fight objection to putting competition into the [From The Hill, Jan. 14, 2014] over rules that keep some catches out of school lunch program so kids can eat more BOYCOTT CANNED TUNA MADE BY CHILD LABOR school lunches. tuna fish?’’ (By Rep. Eni Faleomavaega (D–American StarKist and Tri Marine are clashing with American Samoa has consolidated lob- Samoa)) Bumble Bee and Chicken of the Sea over the bying forces to protect its golden industry. As an Asia-Pacific American and former Agriculture Department’s strict Buy Amer- Last summer, StarKist, Tri Marine, the chairman and current ranking member of ican standards for where tuna is cleaned, Chamber of Commerce of American Samoa the House Foreign Affairs subcommittee on canned and shipped. and others formed the Stronger Economy for Asia and the Pacific, I hope that Congress Bumble Bee and Chicken of the Sea lose American Samoa Coalition. and consumers will boycott efforts by Bum- under the rules. Both companies have facili- The group has worked to promote Amer- ble Bee and Chicken of the Sea to introduce ties that process tuna in the United States, ican Samoa, including highlighting a Pitts- canned tuna made by child labor into Amer- but their product is also cleaned overseas. burgh Post-Gazette op-ed by Pittsburgh ica’s school lunch program. Steeler Troy Polamalu that discussed the Under the USDA standards, their tuna can- Bumble Bee and Chicken of the Sea are dis- not be served in schools, denying them ac- ‘‘economic distress’’ in the territory. qualified from providing canned tuna to the Mark McCullough, a coalition spokesman, cess to a lucrative market. Department of Agriculture’s school lunch said loosening the Buy American standards StarKist, on the other hand, has a major program because both companies clean their would hurt American Samoa. operation in the U.S. territory of American tuna in factories in Thailand, which use ‘‘Congress needs to be partnering with the Samoa. Tri Marine is building up a new facil- child, trafficked, and other forced and ex- islands’ public and private industry leaders ity in the territory as well. ploited labor. The Environmental Justice on a new economic development plan, not The two factions are sparring over lan- Foundation says ‘‘the processing industry in costing more Americans their jobs by weak- guage in the House agricultural appropria- Thailand does not just have a problem with tions bill that would require the USDA to ening what it means to buy America,’’ human rights abuses, but is built on it.’’ This issue a report on how the department could McCullough said. brutal business practice is a gross violation Del. Eni Faleomavaega (D), American Sa- revise its Buy American standards, including of the Department of Agriculture’s Buy moa’s delegate on Capitol Hill, has sought to ‘‘the option for less than 100 percent of the America program and is simply un-Amer- value of the tuna product be United States substitute the report language with his own ican. produced.’’ measures that would target Bumble Bee and USDA provisions exist to ensure that fed- The language could be slipped into the om- Chicken of the Sea. One proposal would have eral dollars are spent on products that are nibus spending bill that lawmakers aim to USDA study whether child labor was used to available and produced 100 percent in the release sometimes this week. If it becomes process tuna bought by the government. United States. Buy America provisions also law, that report could clear the way for Faleomavaega’s aides have given a exist to ensure the highest quality goods are Bumble Bee and Chicken of the Sea to begin PowerPoint presentation, obtained by The being purchased by the U.S. government, and selling to schools. Hill, that cites human rights reports that they are being manufactured in a manner Millions of dollars in government sales are blast Bumble Bee and Chicken of the Sea for consistent with American policies as related at stake, including for American Samoa, using Thai facilities, where workers alleg- to child labor, working conditions and where tuna is a linchpin of the island econ- edly suffer terrible conditions while cleaning wages. omy. tuna. StarKist, which operates in the U.S. Terri- The fight over the provision has become ‘‘It is disgraceful to suggest that poor kids tory of American Samoa, complies with Buy bitter, with both sides hurling charges of in Asia should be forced to provide tuna America provisions. At StarKist Samoa, our child labor and inhumane working condi- sandwiches for America’s school lunch pro- workers fully manufacture canned tuna from tions at the other. gram. Bumble Beeware! It is time for Amer- the whole fish through to the final, labeled ‘‘I suspect most members don’t have the ica to know the truth about Bumble Bee and product. On occasion, if enough whole fish is facts yet on where Bumble Bee and Chicken Chicken of the Sea,’’ Faleomavaega said in a not available, StarKist has in the past used of the Sea source their tuna. And if they statement to The Hill. frozen loins to supplement the whole fish. would be informed, they would not be sup- In opposition to the language, However, in compliance with USDA regula- portive of this language,’’ said Jim Bonham, Faleomavaega has sent letters to select tions, StarKist uses segregated lines to make chairman of the government affairs practice members of the House and Senate Agri- sure only whole fish processed 100 percent in at Manatt, Phelps & Phillips. culture panels, Appropriations agriculture the U.S. is used for the school lunch pro- Bonham lobbies for Tri Marine, founded in subcommittees and to Senate Majority Lead- gram. Singapore, and StarKist, which is er Harry Reid (D–Nev.). The delegate has Despite misinformation put forward by headquartered in Pittsburgh but owned by also asked for help from House Minority Bumble Bee and Chicken of the Sea, Amer- Korea’s Dongwon Industries. StarKist’s tuna Leader Nancy Pelosi (D–Calif.), according to ican Samoa’s workers are local citizens and qualifies for the USDA’s school nutrition his office. legal residents from the neighboring country program because it’s processed in American ‘‘I suspect most consumers don’t want to of Samoa. StarKist abides by U.S. labor and Samoa, and Tri-Marine’s catch should as buy child labor tuna. . . . Bumble Bee and environmental laws, and pays workers in ac- well once its plant is up and running. Chicken of the Sea are kicking a hornet’s cordance with federal minimum wage stand- But their competitors want in on the ac- nest here,’’ Bonham said. ards as determined by the U.S. Congress, un- tion. StarKist’s critics said the company has like tuna factories in Thailand where Bum- ‘‘For years, we have been trying to revise used the Thai plants as well, but its sup- ble Bee and Chicken of the Sea clean their these standards. So instead of 100 percent porters say the company has made sure not fish.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.001 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1688 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 In response to proponents who say there is As reported by The Atlanta Journal-Con- ation wasn’t up to health standards, and no competition in America’s school lunch stitution, Kingston stated, ‘‘I think the con- that’s why we have no tuna in school cafe- program, Tri Marine is making a $50 million cern is, what can you do to not necessarily terias. Only last year, Chicken of the Sea investment in American Samoa. Tri Marine go into the Buy American provision, but are and Bumble Bee issued a nationwide recall of intends to use the same business model as there alternatives?’’ their canned tuna due to spoilage and con- StarKist by cleaning the whole fish through On Jan. 16, Chris Lischewski—CEO of Bum- tamination. In 2012, an employee was cooked to the final, labeled product. ble Bee—perhaps troubled that he may be to death at Bumble Bee’s plant in California. And as for those trying to take advantage losing Kingston’s support, buzzed all about Bumble Bee has little regard for its work- of a temporary interruption of canned tuna how Bumble Bee uses companies in Thailand ers much less kids here or abroad, and nei- to America’s school lunch program due to a to clean some of its tuna (The Hill’s Con- ther does Chicken of the Sea. Both compa- warning letter StarKist received from the gress blog: ‘‘Sorry, Charlie, but that’s a fishy nies use child labor in Thailand to clean Food and Drug Administration in 2011 about story’’) and how he ‘‘knows’’ those compa- their tuna. Asian kids and other exploited deviations from the Hazard Analysis and nies don’t violate child labor standards be- workers are paid approximately $0.75 cents Critical Control of Point and Low Acid Food cause they sign a statement saying they an hour to manually cut off the head, fins, requirements, the suspension has been lifted don’t. Every schoolchild in America knows and tail, and scrape off the skin. After the and had nothing to do with the debate at you can’t rely on an offender to tell the hard work is done, Bumble Bee and Chicken hand. truth about whether or not they have of- of the Sea ship the clean tuna back to the Furthermore, Bumble Bee and Chicken of fended. U.S. where about 200 workers in California the Sea have come under fire from the FDA According to the Environmental Justice and 200 in Georgia are paid to $12 to $18 an due to problems with seams on their can lids Foundation, Thailand’s processing workforce hour to put it in a can. not meeting safety standards. In 2013, both is ‘‘90 percent migrant and a large proportion By hook or crook both companies then Bumble Bee and Chicken of the Sea issued a is unregistered and trafficked.’’ As acknowl- claim they’re American as apple pie and nationwide recall of their canned tuna prod- edged by Thailand, its government cannot ought to be able to provide canned tuna for ucts because their faulty seals could make account for the well-being of its migrant the USDA’s 100% Buy America school lunch the tuna vulnerable to spoilage and contami- workers. program. Thankfully, reputable human nation, which could sicken consumers. Trag- The U.S. Department of Labor reported in rights organizations, including FinnWatch, ically, in 2012, a tuna worker was cooked to 2012 that ‘‘the Government [of Thailand] and renowned human rights activists like Andy Hall, who is known to Nobel Peace death at Bumble Bee’s plant in California, lacks current nationwide data on child labor Prize winner and Congressional Gold Medal and the company was fined and cited for . . . and children continue to be engaged in recipient Aung San Suu Kyi, have docu- egregious safety violations. the worst forms of child labor, including in Once you unveil the truth, it is crystal mented the fraud. hazardous activities in . . . seafood proc- Chicken of the Sea is owned by Thai clear that proponents of changing the Buy essing.’’ Union, the world’s largest tuna exporter. America requirements for canned tuna in our And so, while Chicken of the Sea and Bum- Bumble Bee is supplied by and has interest school lunch program are the same pro- ble Bee opt to continue the un-American in the Sea-Value owned Unicord factory in ponents who believe poor children should practice of having their canned tuna made Thailand. FinnWatch found that both fac- sweep floors in exchange for their lunch. It is by child labor in Thailand. StarKist chooses tories in Thailand employed 14- to 17-year bad enough that child labor and human to clean its tuna in American Samoa. And old migrants. More than half of those inter- rights abuses exist. But it is disgraceful to yes, unlike Lischewski, every schoolchild in viewed reported workplace abuses including suggest that poor kids in Asia or anywhere America also knows that American Samoa is physical and verbal harassment, dangerous else should be forced to provide tuna sand- part of the United States. working conditions, high employment reg- wiches for America’s school lunch program. Canned tuna supplied by StarKist for istration fees, and confiscation of passports. America’s school lunch program is 100 per- When your work papers and passports are [From The Hill, Jan. 28, 2014] cent made in the USA. On the rare occasion confiscated, you become a slave to your em- THE BUZZ ON BUMBLE BEE that StarKist uses frozen loins, it maintains ployer. This is why the U.S. State Depart- (By Del. Eni Faleomavaega (D–American a separate, segregated line in accordance ment’s 2013 Trafficking in Persons (TIP) re- Samoa)) with USDA guidelines to assure no frozen port underscores that ‘‘the risk of labor traf- loins or foreign-cleaned fish is used in Amer- Bumble Bee has been lobbying Capitol Hill ficking among Burmese migrant workers in ica’s school lunch program. since 2007 to introduce canned tuna made by the seafood industry in [Thailand]’’ is high; StarKist, a U.S. corporation and a sub- child labor to America’s schoolchildren and ‘‘57 percent of those surveyed experienced sidiary of the Dongwon Group of South troops under the guise of creating competi- conditions of forced labor.’’ Korea, abides by all U.S. labor and environ- The AFL-CIO has filed a petition with the tion, reducing prices for government agen- mental laws. U.S. Trade Representative asking that the cies and increasing the presence of a healthy As for monopolies, according to a Govern- trade preferences for Thailand be suspended school lunch option for our children. Chicken ment Accountability Office report, since or terminated because the government in of the Sea (COS) joined the effort in 2009. 2006, companies like Bumble Bee that use that country has failed to take meaningful Both companies clean their tuna in low-wage child labor to make their canned tuna oper- steps to address worker and human rights countries like Thailand where human rights ate at a $7.5 million per year advantage and abuses in a number of sectors, including sea- abuses, including the use of child labor, are climb over companies like StarKist that food processing, or fish cleaning. Wal-Mart rampant in the processing industry. make their canned tuna in the USA. should also call for a boycott and take Chicken of the Sea is owned by Thai Regarding safety standards, in 2013, both canned tuna made by Bumble Bee and Chick- Union, which is under investigation for em- Chicken of the Sea and Bumble Bee issued a en of the Sea off their shelves. ploying 14- to 17-year-old migrants. Bumble nationwide recall of their canned tuna prod- Most of all, the USDA shouldn’t feed Bee’s supplier in Thailand is Sea Value, and ucts because their faulty seals could make canned tuna made by child labor to Amer- Unicord is part of the Sea Value group, the tuna vulnerable to spoilage and contami- ica’s school kids. Neither should Congress. It which is also under heavy criticism for the nation, which could sicken consumers. Trag- would be un-American to do so. same human rights and child labor viola- ically, in 2012, a tuna worker was cooked to StarKist, a subsidiary of a Korean com- tions. Bumble Bee owns a 10 percent share in death at Bumble Bee’s plant in California, pany, is headquartered in Pennsylvania, USA Sea Value. and the company was fined and cited for and cleans its tuna in the U.S. Territory of The U.S. Department of Agriculture egregious safety violations. American Samoa where our sons and daugh- (USDA) knows about human trafficking in And so, while Bumble Bee’s slogan may be ters have served in record numbers in every the canned tuna industry and said no to the Eat, Live and BeeWell, I believe consumers U.S. military engagement from World War II guise. However, with the support of Rep. should consider a new label for a company so to present. Our enlistment rates per capita Jack Kingston (R-Ga.), Bumble Bee and COS intent on selling tuna made by child labor to are one of the highest in any State or Terri- succeeded in getting language inserted in the America’s school children and troops: Bum- tory. Consolidated Appropriations Act of 2014, ble Bee Ware. Yes, StarKist employs our cousins from which now requires the USDA to submit a re- the neighboring island of Samoa, but we port within 60 days regarding potential ways [For Immediate Release, Mar. 16, 2014] don’t employ children, and we don’t pay that would allow a revision of the Master So- workers $0.75 cents and less per hour. Our licitation for Commodity Procurements for BUMBLE BEEWARE, WHY AMERICA’S SCHOOL employees are legal residents, paid in ac- the purchase of canned tuna. KIDS SHOULD JUST SAY NOTOTUNA SAND- cordance with federal minimum wage laws This is just a disingenuous way of request- WICHES MADE BY CHILD LABOR and our canneries abide by all U.S. laws and ing that the USDA weaken the USDA’s 100 The WSJ opines about how fish is brain regulations. That’s why canned tuna made in percent Buy America provisions and permit food and ought to be served up in school American Samoa qualifies for the USDA’s canned tuna made by child labor into Amer- cafeterias. I would agree except for the whale 100% Buy America school lunch program. ica’s school lunch program. In response, I of a tale the WSJ has penned up about Bum- Once upon a time, Chicken of the Sea and called for a boycott on Jan. 14. And on Jan. ble Bee and Chicken of the Sea. Bumble Bee also qualified. For more than 50 15, Rep. Kingston, who is my friend, clarified The WSJ reports that the FDA found years, Chicken of the Sea operated in Amer- his intent regarding Buy America provisions. StarKist’s American Samoa processing oper- ican Samoa and Bumble Bee in Puerto Rico.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.003 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1689 In 2009, Chicken of the Sea closed its oper- (NYRP) to restore this 2,500-square-foot site ‘‘I also want to thank Senator Inouye and ations, outsourced more than 2,000 jobs to its in partnership with Denali Construction. Re-en- Senator Akaka for their unwavering support. parent company in Thailand, and set up a visioned by acclaimed landscape designer Bil- Earlier today, we released a joint statement skeletal crew in Georgia USA. In 2012, Bum- lie Cohen, the space—Cohen’s tenth garden applauding Secretary Solis’ decision to re- ble Bee left Puerto Rico, also outsourced lease more than $24 million in aid and, dur- American jobs to Thailand, and now keeps a design for NYRP—features an intricate pattern ing these trying times, I want to thank both small crew in California. By choice, neither of bluestone tiles in front and pavers arranged Senators for their heartfelt words and condo- company qualifies anymore to sell canned in concentric circles in the back of the garden. lences.’’ tuna to America’s school kids because by Additional highlights include planting beds for ‘‘With the outpouring of prayers being of- choice their tuna is no longer 100% Made in perennials such as roses and rhododendron. fered in our behalf, I have every confidence the USA. El Catailo’s new design is well-suited to the that American Samoa will rebuild but we And that’s why Chicken of the Sea and garden’s primary use as a community gath- will never be the same without the ones we Bumble Bee are having a tuna meltdown. have lost. This is why I continue to convey ering space and frequent site of birthday par- my condolences to the families and friends f ties, christenings and baby showers, as well who have lost loved ones, and pledge to do PERSONAL EXPLANATION as children’s activities and educational work- all I can as we work to recover.’’ shops. In addition, local senior citizens use the The full text of the U.S. Department of La- garden to play cards and dominoes and, each bor’s notification, which was sent to HON. SAM GRAVES year, NYRP partners with garden members to Faleomavaega, Senator Inouye, Senator OF MISSOURI host a family-friendly domino tournament. This Akaka, and to members of the Congressional Asian Pacific American Caucus (CAPAC), of IN THE HOUSE OF REPRESENTATIVES garden is situated in an area starved for open which Faleomavaega serves as Vice-Chair, is Tuesday, December 2, 2014 green space within blocks of 10 schools and included below: in close proximity to five New York City Hous- NOTIFICATION Mr. GRAVES of Missouri. Mr. Speaker, on ing Authority properties. The densely popu- Monday, December 1, I missed a series of DEAR FALEOMAVAEGA/ INOUYE/ AKAKA lated neighborhood’s residents are primarily of STAFF AND CAPAC, Attached is a release an- Roll Call votes. Had I been present, I would Hispanic, Latino and African-American de- have voted ‘‘YEA’’ on #532 and #533. nouncing a $24,857,608 National Emergency scent. Grant award from the U.S. Department of f The Board of Directors of the El Catanõ Labor to assist clean-up and recovery efforts Community Garden remain in constant contact in the wake of a tsunami that struck Amer- IN RECOGNITION OF EL CATAN˜ O with their counterparts in their hometown of ican Samoa on Sept. 29. ‘‘LA CASITA’’ COMMUNITY GARDEN Catanõ, Puerto Rico. Every June and through This grant is for clean-up and recovery the assistance of Carmen ‘‘Puruca’’ Ruiz they from a natural disaster. National Emergency HON. CHARLES B. RANGEL Grants are part of the secretary of labor’s are honored to receive the Honorable Jose´ A. discretionary fund and are awarded based on OF NEW YORK Rosario Meleńdez, Mayor of Catanõ during a state’s ability to meet specific guidelines. IN THE HOUSE OF REPRESENTATIVES their annual National Puerto Rican Day week- Tuesday, December 2, 2014 end of activities at La Casita Community Gar- [Press Release, Oct. 20, 2009] den. $25 MILLION GRANT FOR AMERICAN SAMOA Mr. RANGEL. Mr. Speaker, today I rise to Mr. Speaker, I ask that you and my distin- CLEAN-UP AND RECOVERY recognize El Catanõ, affectionately known as guished colleagues join me and the New York U.S. Senators Daniel K. Akaka and Daniel ‘‘La Casita’’ Community Garden, which cele- Congressional Delegation in paying tribute to K. Inouye (D–Hawaii) and Delegate Eni bration took place on Saturday, June 7th in Jose and Esther Reyes as they continue to Faleomavaega (D–American Samoa) today celebration of the 2014 National Puerto Rican maintain and keep the culture of Puerto Rico applauded a $24,857,608 federal grant to assist Day Parade. In 1994, Jose and his sister Es- alive at ‘‘La Casita de Catanõ’’. cleanup and recovery efforts in American Samoa following last month’s destructive ther Reyes decided to look for an empty lot to f start a community garden. The garden would tsunami. The U.S. Department of Labor awarded the funds to American Samoa’s De- be named after the Town of Catanõ, which is HISTORICAL RECORD OF NA- TIONAL EMERGENCY GRANT partment of Human Resources to create located across from the bay of San Juan, more temporary jobs to assist in recovery ef- Puerto Rico. The lot was a rat infested dump- FUNDING IN AMERICAN SAMOA forts. ing ground for garbage, needles and crack ‘‘I attended a memorial service in Wash- vials, before Jose and Esther took on the chal- HON. ENI F.H. FALEOMAVAEGA ington this past weekend and was reminded lenge and collected over 200 signatures OF AMERICAN SAMOA of the tremendous toll this tsunami took: throughout the immediate neighborhood to ac- IN THE HOUSE OF REPRESENTATIVES Entire villages destroyed, children and grandparents lost, livelihoods ruined,’’ Sen- quire the lot in support of a community gar- Tuesday, December 2, 2014 ator Akaka said. ‘‘This grant will help Amer- den. Support grew from community organiza- Mr. FALEOMAVAEGA. Mr. Speaker, I rise ican Samoa create temporary on-island jobs tions and businesses, which enabled Jose and today to include, for historical purposes, infor- so residents can begin rebuilding their homes Esther to acquire the lot and to clean it. In mation about National Emergency Grant fund- and infrastructure, surveying environmental 1995, La Casita de Catanõ Community Gar- damage, and repairing damaged industries.’’ ing in American Samoa. den was born. ‘‘Our thoughts and prayers continue to be [Press Release, Oct. 20, 2009] Traditionally, there is a Puerto Rican Day with those affected by the earthquakes and FALEOMAVAEGA THANKS U.S. DEPARTMENT OF Festival held each Saturday before the pa- tsunami in American Samoa. The trauma LABOR FOR RELEASING OVER $24 MILLION TO suffered by the people dealing with the dev- rade—New York City’s third largest—along ASSIST CLEAN-UP AND RECOVERY EFFORTS astation and tragic loss of life is difficult to Third Avenue in East Harlem, with community IN AMERICAN SAMOA comprehend. These funds will help rebuild members transforming the El Catanõ Commu- Congressman Faleomavaega announced and restore the property that was destroyed nity Garden into a celebration of Puerto Rican today that the U.S. Department of Labor has and damaged and hopefully restore some food and music. The presiding Mayor of released over $24 million in National Emer- semblance of the lifestyle that was lost,’’ Catanõ often joins local residents in the festivi- gency Grant Funds to assist clean-up and re- said Senator Inouye. ties at the garden, where a past mayoral covery efforts in American Samoa. Delegate Faleomavaega said: ‘‘I want to ‘‘I want to personally thank my good personally thank my good friend and former plaque commends the successful work of its friend and former colleague, U.S. Secretary colleague, U.S. Secretary of Labor Hilda founder Jose Reyes—who established the of Labor Hilda Solis, for releasing more than Solis, for releasing more than $24 million in garden 20 years ago—in organizing tour- $24 million in National Emergency Grant National Emergency Grant funds to assist naments between the El Catanõ Community funds to help American Samoa rebuild,’’ clean-up and recovery efforts in American Garden’s own baseball team and teams in Faleomavaega said. ‘‘The people of American Samoa. The people of American Samoa are Puerto Rico. Samoa are deeply appreciative of the support deeply appreciative of the support we are re- La Casita stood up to the Giuliani’s Adminis- we are receiving from the federal govern- ceiving from the federal government since tration efforts to close the garden in favor of ment in the aftermath of the earthquake and the earthquake and tsunami struck our is- tsunami that struck our islands on Sep- lands on September 29 and, once more, I market rate and commercial development. In tember 29, and I thank the Obama Adminis- thank the Obama Administration, the U.S. 2008, under the leadership of the late City tration, the U.S. Congress, FEMA, Secretary Congress, FEMA, Secretary Solis and all Councilman Philip Reed, El Catanõ Commu- Solis, and all others for standing with us as others for standing with American Samoa as nity Garden was saved. Councilman Reed en- we begin the long and difficult process of re- we begin the long and difficult process of re- listed the New York Restoration Project building our homes and lives.’’ building.’’

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.004 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1690 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 ‘‘Our hearts go out to the victims and sur- ment is providing them, especially as we years. Before that Mr. Hawes also served as vivors of the recent tsunami in American work together to rebuild and retool,’’ Assessor of New Madrid County for 20 years Samoa,’’ said Secretary of Labor Hilda L. Faleomavaega concluded. while owning and operating his family farm. Solis. ‘‘Today’s grant will support ongoing recovery efforts and help American Samoans [Press Release, June 28, 2012] Mr. Hawes has spoken at several public events sharing his knowledge about business, put their lives back together.’’ U.S. DEPARTMENT OF LABOR AWARDS $500,000 agriculture, and civic matters. Of the $24,857,608 announced today, IN SUPPLEMENTAL NATIONAL EMERGENCY $8,285,870 will be released initially. Addi- GRANT FUNDING TO AMERICAN SAMOA DE- Apart from his work as commissioner, Mr. tional funding up to the amount approved PARTMENT OF HUMAN RESOURCES Hawes is a Sunday school teacher at his will be made available as the territory dem- Congressman Faleomavaega today an- church. As a devoted family man, Clyde sets onstrates a continued need for assistance, nounced that the U.S. Department of Labor according to the Department of Labor. a precedent for others to follow by committing (DOL) this week awarded approximately On September 29, the Federal Emergency to a balancing work and family. $500,000 in supplemental National Emergency Management Agency (FEMA) declared all is- Grant (NEG) funding to the American Samoa For his years of service and all the work he lands in the United States territory of Amer- Department of Human Resources. has done to strengthen our community, it is ican Samoa eligible for FEMA’s Public As- According to DOL, the funding will provide my pleasure to recognize the achievements of sistance Program. As a senior member of the for the continuation of workforce develop- Committee on Homeland Security and Gov- Clyde Hawes and congratulate him on his re- ment services to workers who held tem- ernmental Affairs, Senator Akaka has been tirement before the House of Representatives. porary jobs to assist with the clean-up and briefed by FEMA officials on initial recovery recovery efforts following the earthquake efforts to send food, water, cots, medical sup- and tsunami and subsequent flooding that f plies, and working vehicles from the FEMA struck American Samoa in 2009. Pacific Area Office warehouse in Honolulu to The initial NEG award of $24,857,608 was RECOGNIZING DR. ROBERT American Samoa. Senator Akaka worked to approved on October 19, 2009, with $8,285,870 HEINEMAN establish and maintain this office beginning released initially and a second increment of in 1991 in order to protect isolated Pacific is- $16,571,738 was approved and released on land communities. April 21, 2010. The supplemental funding of For more information on National Emer- HON. TOM REED $500,000 announced this week will bring the gency Grants, visit http://www.doleta.gov/ total NEG funds awarded for this project to OF NEW YORK NEG. $25,357,608. With the supplemental funding, IN THE HOUSE OF REPRESENTATIVES the project’s period of performance is also [Press Release, Apr. 21, 2010] extended for two quarters, so that all par- Tuesday, December 2, 2014 U.S. DEPARTMENT OF LABOR NOTIFIES ticipants have more time to finish their full FALEOMAVAEGA THAT OVER $16 MILLION complement of reemployment services. Mr. REED. Mr. Speaker, I rise to pay my re- WILL BE RELEASED TO ASG FOR ABOUT 2,200 ‘‘I want again to thank my good friend and spects to a long time leader in higher edu- TEMPORARY WORKERS TO CONTINUE CLEAN- former colleague, U.S. Secretary of Labor cation in my district. Dr. Robert Heineman has UP AND RECOVERY EFFORTS Hilda Solis, for releasing more than $25 mil- taught at Alfred University, my alma mater, Congressman Faleomavaega announced lion over the past three years in National since 1971, and was one of my professors of today that the U.S. Department of Labor Emergency Grant funds for American political science. He has shaped the thought (DOL) notified him this evening that it will Samoa,’’ Faleomavaega stated. release $16,571,738 to ASG for about 2,200 tem- ‘‘Immediately following the devastating of generations of Alfred University students porary workers to continue clean-up and re- earthquake and tsunami that struck our is- and encouraged them to get involved in their covery efforts in the wake of the tsunami lands on September 29, 2009, the Department communities and, specifically, to get involved that struck American Samoa on September of Labor notified my office as well as the of- in the political process. 29, 2009. fices of Senator Inouye, Senator Akaka, and Dr. Heineman holds a BA from Bradley Uni- On October 19, 2009 a National Emergency the Congressional Asian Pacific American Grant (NEG) was approved for up to Caucus, informing us of the outpouring of versity and both a MA and a Ph.D from Amer- $24,857,608, with $8,285,870 released initially. millions of dollars of federal funding to help ican University. He has taught at Eastern This incremental and final NEG award will American Samoa with clean-up and recovery Washington State College, Bradley University bring total NEG funds awarded for clean-up efforts. The funding also provided for needed and Alfred University. He is a two time recipi- and recovery efforts to $24,857,608. jobs to employ American Samoans and help ent of Alfred University’s Excellence in Teach- ‘‘I want to again thank my good friend and with our local economy,’’ Faleomavaega ing Award and is the author of many book former colleague, U.S. Secretary of Labor added. chapters and articles on the American Political Hilda Solis, for releasing more than $24 mil- ‘‘I also want to thank and acknowledge the System. lion in NEG funds to help create about 2,200 great work by our local leaders in the Amer- temporary jobs in American Samoa,’’ ican Samoa Department of Human Re- His activities extend beyond the classroom Faleomavaega said. ‘‘I first contacted Sec- sources, including Department Director Eve- and into the Alfred community. Dr. Heineman retary Solis in May of 2009 regarding NEG lyn Langford and NEG Program Manager served as an elected member of the Allegany funds in response to Chicken of the Sea’s an- Tuimavave Tauapa’i Laupola, for the tre- County Legislature, Village of Alfred Board nounced closure and, on May 7, 2009, I pro- mendous job they’ve done in managing this and as Village Justice in the Village of Alfred. vided Governor Togiola with the contact in- program as well as their tireless efforts in formation necessary to request assistance addressing the multifaceted needs of the Ter- He is the current chair of the advisory board for our workers, noting that any request put ritory in the aftermath of the devastating of the Allegany County Youth Court. He has forward must originate with the Governor.’’ 2009 tsunami. I have every confidence that worked extensively to make the communities ‘‘While that effort was underway between this funding will continue to help our Terri- of Alfred and Allegany County better places to ASG and DOL, American Samoa was struck tory rebuild,’’ Congressman Faleomavaega live. by a tsunami on September 29, 2009. In re- concluded. Dr. Heineman has been married to his wife sponse to the tsunami, DOL immediately and f preemptively reached out to ASG and as- Alice for over 55 years and they have raised sisted ASG in preparing and processing a dis- HONORING CLYDE HAWES three children Phillip, Karen and Cheryl. aster national emergency grant application. Our system of representative democracy On October 19, 2009, ASG was then awarded HON. JASON T. SMITH cannot endure without each new generation of over $24 million to create about 2,200 tem- citizens being educated to appreciate its un- porary jobs for clean-up and recovery ef- OF MISSOURI forts.’’ IN THE HOUSE OF REPRESENTATIVES derlying philosophy and precepts. A community cannot flourish without engaged citizens of ‘‘Discussions continue about how this Tuesday, December 2, 2014 grant might be more fully expanded, if nec- all ages participating in civic life. Dr. Robert essary. For now, the American Samoa De- Mr. SMITH of Missouri. Mr. Speaker, I rise Heineman has dedicated his life to the work of partment of Human Resources is responsible today to honor Clyde Hawes from New Ma- encouraging young people to love and respect for the administration of the grant and ASG, drid, Missouri for his exceptional years of serv- the political process handed down to us by the in consultation with the DOL, determines ice as Presiding Commissioner of New Madrid founders and, more importantly encouraged who qualifies for temporary work.’’ ‘‘Again, I thank DOL for its swift response County. them to not just watch from the sidelines but in providing temporary work for the people Mr. Hawes has set a wonderful example of get in the game and be part of our democracy. of American Samoa. The DOL can be assured public service and dedication to bettering our It is a privilege as one of Dr. Heineman’s that the people of American Samoa are ap- community. This month he will be retiring after former students to be able to praise him as a preciative of the support the federal govern- serving as Presiding Commissioner for 36 member of the House of Representatives.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.007 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1691 IN RECOGNITION OF NAOMI and then casting a tough vote. There were Guard Units for the State of Hawaii and our PATRIDGE times in the city’s history when its finances branch would be under his Command. were in order and times, particularly after re- Once our request is approved, ASG will need to enter into a Memorandum of Under- HON. JACKIE SPEIER cessions or a court judgment, that the city’s fi- standing (MOU) with the State of Hawaii. OF CALIFORNIA nances were in deep distress. Naomi took the Governor Linda Lingle and Governor Togiola IN THE HOUSE OF REPRESENTATIVES heat for difficult decisions during all of these stand ready to sign this MOU and I am hope- budget hearings. When improving, fixing or Tuesday, December 2, 2014 ful that with our latest efforts this will be in supplementing basic public infrastructure was the very near future. Ms. SPEIER. Mr. Speaker, I rise to honor the concern, Naomi was a well-reasoned As always, I thank General Lee for his con- Naomi Patridge who is leaving the Half Moon voice. tinued support for the people and troops of Bay City Council after serving a remarkable In fact, Naomi has been a voice of modera- American Samoa. General Lee is to be com- career of leadership spanning almost two dec- mended for his dedication, commitment and tion and common sense for so many decades leadership. I also thank Governor Lingle for ades. that one might also call her a civic thermom- without her support we could not move for- Naomi and her husband, Howard, have eter. If it gets too hot in the debate, Naomi ward in establishing a branch of the Hawaii lived in Half Moon Bay for nearly 45 years. acts to cool things down. If the community National Guard in American Samoa. I also Naomi is the Energizer Bunny of Half Moon isn’t concerned enough about needed services thank Governor Togiola and, above all, I Bay. For example, prior to serving on the or improvements, Naomi switches on to heat thank our military men and women for their council, she served for 14 years on the city’s things up a bit, and to stir up questions and service to our country, the Congressman Parks and Recreation Commission. She has dialogue. Always moderate, Naomi can be concluded. also served on the board of the Half Moon counted on to keep the civic area of Half [Press Release, Nov. 16, 2005] Bay Beautification Committee, the organizer of Moon Bay as comfortable as possible despite FALEOMAVAEGA AND MAJOR GENERAL ROBERT the annual Art and Pumpkin Festival. Half the inevitable challenges that occur in local Moon Bay is a thriving, seaside community LEE MEET TO DISCUSS THEIR ONGOING EF- democratic governance. FORTS TO ESTABLISH NATIONAL GUARD UNIT that annually hosts tens of thousands of visi- Mr. Speaker, I am honored to call Naomi a IN AMERICAN SAMOA tors on one weekend in October when the dear friend and colleague. I dare say there Congressman Faleomavaega announced pumpkins come to market and the tourists has not been a more constructive leader in today that he met with Major General Rob- from around the country come to this charm- Half Moon Bay than Naomi Patridge. While we ert Lee, Adjutant General for the State of ing town. The festival is a major fundraising will miss her service to us all, we will have her Hawaii, to discuss their ongoing efforts to event for civic improvements. Naomi has been example of thoughtful citizenship to inspire us establish a National Guard Unit in American at the heart of the festival for many years. for years to come. Samoa. The meeting was held in the Con- gressmans Washington office. When the girls of Half Moon Bay think of f softball, they think of Naomi Patridge. She has As a follow-up to our efforts to establish a spent decades with the Half Moon Bay Girls HISTORICAL RECORD OF National Guard unit in American Samoa, FALEOMAVAEGA’S EFFORTS TO Major General Lee and I met again to discuss Softball League and was instrumental in cre- the progress we are making, Congressman ating a permanent field as a home for genera- ESTABLISH A NATIONAL GUARD Faleomavaega said. Senator Inouye has been tions of young ball players. Some may mourn PRESENCE IN AMERICAN SAMOA supportive of our work for a number of years the recent passing of Candlestick Park in San now and I am pleased that based on our dis- Francisco, but in Half Moon Bay the citizens HON. ENI F.H. FALEOMAVAEGA cussions Major General Lee has forwarded my most recent correspondence and also a celebrate the field that Naomi spent decades OF AMERICAN SAMOA new Memorandum to Lieutenant General to secure. Her focus is on healthy living, and IN THE HOUSE OF REPRESENTATIVES it is evident in the energy she poured into Stephen Blum, Chief, National Guard Bu- Tuesday, December 2, 2014 reau. teams that always had good sportsmanship Dated October 26, 2005, Major General Lees and fun as the center of their purposes. Mr. FALEOMAVAEGA. Mr. Speaker, I rise Memorandum requests allowances for Hawaii Naomi has also been instrumental in cre- today to include, for historical purposes, infor- to support a National Guard Unit in Amer- ating a coastside bike trail that bears her mation about efforts to establish a National ican Samoa. The Memorandum states: Amer- name. Half Moon Bay is filled with bicyclists Guard presence in American Samoa. ican Samoa continues to express great con- who travel for both pleasure and work. Naomi [Press Release, Sept. 28, 2005] cern about the lack of local response capability. The CSTs (Civil Support Teams) cur- was concerned about the workers who had to FALEOMAVAEGA REQUESTS EXPEDITED ASSIST- peddle in the early morning hours and who rently within the region would be hard ANCE IN ESTABLISHING A HAWAII NATIONAL pressed to support an incident in American were not safe. She was equally concerned GUARD PRESENCE IN AMERICAN SAMOA Samoa without substantially degrading its about tourists who might get into trouble riding Congressman Faleomavaega announced own abilities to respond to and sustain oper- along the coastal highway. While she joined today that as a follow up to his discussions ations in support of a local incident. The ad- with others to create this wonderful amenity, it with Major General Robert Lee, Adjutant ditional team would be in lieu of creating was her advocacy before local funding agen- General for the State of Hawaii, he is re- and stationing a CST, or portion thereof, in cies that helped to secure much of the money questing expedited assistance in establishing American Samoa. for a trail that ultimately bore her name. a Hawaii National Guard presence in Amer- The team will be stationed in Hawaii with Mr. Speaker, as fun as it may be to bicycle ican Samoa. the HIARNG responsible for recruiting to fill General Lee and I have been discussing the additional positions. Soldiers will be along the coast or on Main Street in Half how best to establish a National Guard Unit sought from Hawaii and American Samoa. Moon Bay, Highway 92 can be a real head- in American Samoa, Congressman The additional team will operate and train ache for coastside residents. Naomi Patridge Faleomavaega said. We have agreed that the under the command and control of the 93d pushed relentlessly for a coastal road that fit best way is to establish a branch of the Ha- CST. The primary training location will be in with local sensibilities about growth and de- waii National Guard in American Samoa. Hawaii, with training in American Samoa velopment while also helping to relieve the Governor Linda Lingle of the State of Ha- also being a necessity in order to provide for frazzled nerves of residents. waii supports our efforts as does Governor advance planning and coordination with When one thinks of Naomi, one also thinks Togiola. proper offices and agencies local to Amer- At this time, General Lee and I have ican Samoa. of the quiet, dedicated employee of the school agreed that it is in the best interest of Amer- We are pleased that Governor Togiola of district. One thinks of the quiet, dedicated ad- ican Samoa that our Guard unit should be a American Samoa and Governor Lingle of Ha- vocate and volunteer for seniors. One thinks weapons of mass destruction and civil sup- waii have joined in to support our efforts and of the vocal advocate for Half Moon Bay’s li- port team which will respond to terrorist that both are ready to enter into an agree- brary, and of the woman behind the table threats and natural disasters. Our team will ment regarding the stationing, training, and dishing out a heaping plate of hot food at the be locally recruited in American Samoa and employment of the Civil Support Team. At annual Farm Day luncheon. One also thinks of will be based in the Territory. this time, General Lee and I are hopeful that the advocate for housing the elderly and lower The only remaining issue is that we must General Blum will act to expedite our most encourage the National Guard Bureau to ex- recent request especially since this matter income farm worker residents of Half Moon pedite our request. The Bureau has been has been pending for some time. Bay. working on this request for more than a year Once again, Major General Lee has noted However, when thinking of Naomi, one must and, for this reason, I have written to Gen- that the Hawaii National Guard stands ready inevitably also think of the cool city eral Lee and asked for his assistance. Gen- to support its neighbors in the Pacific and, councilmember evaluating a tough decision, eral Lee is the Commander of all National in turn, we thank the State of Hawaii for

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.010 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1692 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 standing with us. At this time and on behalf ‘‘BG Wojtecki works under the command [Press Release, Dec. 11, 2013] of the people of American Samoa, I thank of General Grass of the National Guard Bu- NATIONAL DEFENSE AUTHORIZATION ACT FOR General Lee for his continued support. As a reau, and the NGB is coordinating with the 2014 people, we are deeply appreciative of the DOD as this study moves forward. With the Congressman Faleomavaega announced service he renders in support of our troops United States pivoting towards the Asia Pa- today that the National Defense Authoriza- and we commend him for his dedication, cific, I have asked the DOD and NGB to con- tion Act (NDAA) for 2014 contains a provi- commitment and leadership, the Congress- sider foremost the strategic importance of sion requiring the Department of Defense man concluded. both American Samoa and CNMI, especially (DOD) to do a feasibility study on estab- since our military men and women serve our lishing National Guard units in American [Press Release, Mar. 13, 2009] nation in record numbers. BG Wojtecki Samoa and the CNMI. The House is expected FALEOMAVAEGA PUSHES AIR NATIONAL GUARD agreed that this would be a top consider- to vote later this week. FOR AMERICAN SAMOA ation.’’ In the case of American Samoa, Congressman Faleomavaega announced ‘‘Other areas that are being reviewed are Faleomavaega has worked on this issue since today that he is pushing to establish a Ha- force structure, demographics, what units 2004 with the late Senator Daniel K. Inouye waii Air National Guard unit in American would be best suited and if a National Guard and 2005 with Major General Robert Lee, Samoa. On January 28, 2009, Faleomavaega unit can be sustained in American Samoa former General of the 9th Regional Support wrote to Senator Inouye and also met with since the local government would have to Command. the Senator on January 29. On March 12, participate in cost-sharing. Also, there are As previously stated, ‘‘While I am pleased 2009, he sent a letter to General Craig R. many legal matters which must be ad- that the U.S. Congress supported efforts to McKinley, Chief of the National Guard Bu- dressed, including the need for lawyers to as- construct a new $20 million U.S. Army Re- reau. A complete text of the letter, which sess how National Guard legalities would fit serve Center in American Samoa, I am hope- was copied to Senator Daniel K. Inouye, fol- with local law but I am confident we can re- ful that the Congress will now give serious lows: solve any issues that might be of concern.’’ consideration to the establishment of a Na- Dear General McKinley: ‘‘One issue that BG Wojtecki and I agreed tional Guard unit in the Territory as I be- I am writing as a follow-up to discussions on, which Governor Lolo also supports, is lieve that it is in our national interest for I have had with U.S. Senator Daniel K. that due to legal issues American Samoa the United States to increase its military Inouye, Major General Robert Lee who is may not be able to have a guard unit func- presence in American Samoa,’’ The Adjutant General (TAG) for the State of tion under the Hawaii National Guard be- Faleomavaega said. Hawaii, and also Major General Darryll D.M. cause, unlike the Reserve, different rules ‘‘During WWII, the naval station in Amer- Wong, Commander of Hawaii Air National govern the National Guard.’’ ican Samoa served as a critical refueling Guard, regarding the establishment of a Ha- ‘‘And so, if the study team recommends a point for U.S. troops. With increasing ten- waii Air National Guard unit in Pago Pago, guard unit for American Samoa and should sions in the Asia Pacific region, now more American Samoa. the DOD agree, our next step would be to in- than ever the U.S. needs to reconsider its re- Major General Lee and Major General clude funding in the National Defense Au- lationship with U.S. insular areas in the Pa- Wong have informed me that you are aware thorization Act for 2016, and after that we cific.’’ of this request, and that our efforts look could still be looking at three years out be- After many discussions and delays in Con- promising. I thank you for your support fore we transition into a fully functioning gress, in May 2013, the Congressman provided which is critical to our success, and I am National Guard. If we succeed, then the Gov- testimony before the House Committee on hopeful that you will join me in sending a ernor would select an Adjutant General but Armed Services where he urged the Com- joint letter to Governor Togiola Tulafono so a Colonel would also be appointed who would mittee to finally include language for a fea- that we may expedite this process. work directly with General Grass of the Na- sibility study for a National Guard in Amer- As you may know, American Samoa has a tional Guard Bureau. The Colonel would ican Samoa. The Committee decided to in- per capita enlistment rate in the U.S. mili- oversee all U.S. fiscal funding, property, and clude CNMI as well because it does not have tary which is higher than any State or U.S. equipment and would report directly to the a National Guard unit. Territory. Our sons and daughters have National Guard Bureau.’’ In June 2013, Congresswoman Bordallo of- served in record numbers in every U.S. mili- ‘‘In hopes that we can one day make this a fered an amendment at Faleomavaega’s request and the amendment was passed. The tary engagement from WWII to present oper- reality, I also suggested, and the Brigadier language is now included in the final bill to ations in Iraq and Afghanistan. We have General Wojtecki agrees, that we should consider having a National Guard unit co-share be considered. stood by the United States in good times and A feasibility study is the first step for the bad, and I believe this relationship would the Reserve building, and the study team would review this option as a cost-savings to establishment of a National Guard unit in only be strengthened by establishing a de- American Samoa, and the conferees to the tachment of the Hawaii Air National Guard strengthen our case for establishing a Na- tional Guard presence in American Samoa.’’ NDAA agreed to include language author- in American Samoa. izing the study. The House is now expected Faleomavaega concluded his letter by stat- ‘‘BG Wojtecki also informed me that the to vote on the NDAA as early as tomorrow. ing, ‘‘I am hopeful to work with you on this timeline for the study to be completed could important initiative, and I congratulate you be as early as September or as late as No- f vember or December of this year, given that on being the first four-star General in Na- JORDAN’S MIXED SIGNALS HARM tional Guard history.’’ the NGB needs to coordinate with DOD, USAR, and other federal agencies to make REGIONAL PEACE AND STABILITY [Press Release, June 11, 2014] sure the study team has the most accurate information possible upon which to base its CONGRESSMAN FALEOMAVAEGA MEETS WITH HON. MATT SALMON recommendation. BG Wojtecki and I firmly GENERAL WOJTECKI TO DISCUSS NATIONAL OF ARIZONA believe the NGB and DOD must receive input GUARD FEASIBILITY STUDY from Command Sergeant Major Iuniasolua IN THE HOUSE OF REPRESENTATIVES Congressman Faleomavaega announced Savusa, who was once a candidate for CSM of Tuesday, December 2, 2014 today that he met with Brigadier General the Army.’’ Timothy Wojtecki, Vice-Director of Force ‘‘In fact, they said that the study requires Mr. SALMON. Mr. Speaker, I want to bring Structure, Resources and Assessment for the his input since he is the Director of Home- to my colleagues’ attention an incident that oc- National Guard Bureau (NGB) to discuss the land Security in American Samoa. To allevi- curred on November 16, 2014 in which two feasibility study now underway for a Na- ate any concern about his time commitment, American rabbis and three Israeli citizens tional Guard unit in American Samoa. Colo- I was assured in today’s meeting that the were brutally murdered in a West Jerusalem nel Mike Mellor, Branch Chief of the Force time commitment on CSM Savusa’s part synagogue by two cousins associated with the Capabilities and Requirements Analysis Di- would be minimal making it possible for him Har Nof terrorist group. vision, and Master Sergeant (MSG) Bryan to devote all of his time and attention to his Rotherham, Joint Programs Legislative Li- While I appreciate the role Jordan, her gov- job as Director of Homeland Security while ernment, and her people play in fighting ter- aison, also attended the meeting held in the also contributing his unparalleled expertise Congressman’s Washington, DC office. to this historic study.’’ rorism and promoting regional stability, I am ‘‘I want to personally thank BG Wojtecki ‘‘I very much look forward to working deeply disappointed at the Jordanian govern- for the update he provided me regarding the closely with Governor Lolo to make sure ment’s response to this sickening, ruthless act feasibility study on establishing National that the study put forward by the team is as of terrorism and murder. Guard units in American Samoa and CNMI,’’ strong as possible in hopes that the rec- While the Prime Minister’s office officially Faleomavaega said. ‘‘In 2013, the House and ommendation from the NGB and the DOD condemned the action and its extremist ide- Senate agreed to my request to include lan- will be for the establishment of a National ology, these admonishments are rendered guage in the National Defense Authorization Guard unit in American Samoa. With the Act (NDAA) authorizing a feasibility study support and the prayers of the people of moot when they are followed by a letter of and I am pleased that the Department of De- American Samoa, it is my intent to work condolence from Jordanian Prime Minister fense (DOD) and the National Guard Bureau hand in hand with Governor Lolo and our Abdullah Ensour to the terrorists’ family. Addi- have formed the study team and are now local leaders until we accomplish our goal,’’ tionally, the Jordanian parliament not only con- conducting an assessment.’’ Faleomavaega concluded. doned but celebrated the murders by holding

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A02DE8.011 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1693 a minute of silence on the parliament floor to Johnson, Sr., and Willie Johnson, Jr. Jewel mation about former Secretary of State Hillary memorialize the perpetrators. Such mixed sig- leaves many family members and loved ones Clinton’s authorization of emergency relief nals from the Jordanian government are un- to cherish her lasting memories, including: her supplies to Samoa in response to the dev- conscionable and counterproductive to ongo- children Regina Pierre, Vonda Yvette, and astating tsunami of September 29, 2009. ing efforts toward regional stabilization and Levelle Christopher; her sisters Rosetta Wil- [Press Release, Oct. 10, 2009] peace. liams, Lula Phillips, and Mary Walton (Ray- SECRETARY CLINTON GETS IT DONE; EMER- Praising those who commit acts of terrorism mond); her grandchildren Monique D. John- GENCY RELIEF SUPPLIES TO BE AIRLIFTED promotes the culture of political violence that son-Smith (Rodney), Chanel E. Moore, Jarrett FROM GREATER LOS ANGELES AREA TO continually shocks the neighborhoods of East L. Moore, Brandon D. Brazziel, Maya A. SAMOA IN RESPONSE TO DEVASTATING TSU- NAMI and West Jerusalem, further derailing an al- Moore; her great-grandchild Myles X. Smith; ready strained reconciliation process at each Chairman of the Subcommittee on Asia, and her 38th Street Church family We are the Pacific and the Global Environment, turn. Such official endorsements send the grateful to Geraldine ‘‘Jewel’’ Blue for her tre- Congressman Eni F.H. Faleomavaega, and wrong message to Jordanian citizens and mendous contribution to so many in Chicago Congresswoman Laura Richardson (D–CA), Muslims worldwide, especially youth who are and our nation; her nurture and love strength- announced today that the U.S. Department faced each day with the decision to turn to vi- ened individuals and communities. of State called them this morning to inform them that Secretary Clinton has authorized olence or toward peace. f The U.S. Congress must encourage the Jor- the use of funds from the Office of Foreign Disaster Assistance (OFDA) to get emer- danian government to stand in condemnation ST. PAUL UNITED CHURCH OF CHRIST 175TH ANNIVERSARY gency relief supplies airlifted from the great- of such acts of violence. er Los Angeles area to Samoa in response to f the devastating tsunami that struck Apia on HON. WILLIAM L. ENYART September 29. A TRIBUTE TO MRS. GERALDINE OF ILLINOIS In his capacity as Chairman of the Asia ‘‘JEWEL’’ BLUE Pacific Subcommittee which has broad juris- IN THE HOUSE OF REPRESENTATIVES diction for U.S. foreign policy affecting the Tuesday, December 2, 2014 region, including Samoa, Chairman HON. DANNY K. DAVIS Faleomavaega personally spoke to Secretary OF ILLINOIS Mr. ENYART. Mr. Speaker, I rise today to Clinton on Oct 1 and, in letters dated Oct 4 IN THE HOUSE OF REPRESENTATIVES ask my colleagues to join me in congratulating and Oct 5, followed up with her regarding the St. Paul United Church of Christ on its 175th specific need to airlift emergency supplies to Tuesday, December 2, 2014 anniversary. Apia, which were gathered by the Samoan Mr. DANNY K. DAVIS of Illinois. Mr. Speak- From humble beginnings in 1839, St. Paul’s communities and congregations in the greater, I wish to pay tribute to a wonderful has seen an incredible cross section of Amer- er Los Angeles area. Chicagoan, Geraldine Blue, who passed from The Samoan communities in the greater ican history in the Midwest. Born from Belle- Los Angeles directly contacted this world on November 22, 2014. ville’s German immigrants, the church first Faleomavaega for assistance because many Affectionately known as ‘‘Jewel’’ to her held services at the local court house, while of their families and relatives live in his dis- friends and family, she was born in Little awaiting a physical structure to be built. trict of American Samoa or Samoa. Con- Rock, Arkansas on March 8, 1940 to Blanche St. Paul’s provides worship and community gresswoman Laura Richardson has worked and Willie Johnson, Sr. Jewel’s passion for appeal to the Belleville area and beyond. closely with Faleomavaega throughout this music and dance started early. As a young What makes St. Paul’s exceptional is its mis- process given that she represents part of the child and teenager, Jewel competed in mul- greater Los Angeles area, and the Samoan sion to serve those who need it most. communities living in that area are her con- tiple talent competitions with her sisters and Through Christmas and Thanksgiving chari- stituents. cousins. Indeed, the multiple invitations to per- table programs, the Franklin Community ‘‘I want to personally thank Secretary form locally that they received serve as testi- Neighborhood Association, Tuesday Commu- Clinton for her untiring efforts in getting mony to the skill she and her family pos- nity Dinner, afterschool programs, a food pan- these relief supplies airlifted,’’ Chairman sessed. Her family used to say that Jewel try, and much more, the church reaches out to Faleomavaega said. ‘‘Since the tsunami would ‘‘sing her way to heaven and dance every age group and background in the com- struck, Secretary Clinton has spared no ef- right out of her shoes’’. This description makes fort in coming to our aid, and even called munity. upon the U.S. Department of Defense (DOD) me smile because it captures her zeal for A shining star of St. Paul’s Church is the to quickly move these supplies from the music and life. As a young woman, Jewel de- love and care that developed and grew St. West Coast to Samoa. Last evening, Con- cided to move to Chicago where she met the Paul’s Home into the senior community it is gresswoman Richardson and I learned that love of her life, L.C. Blue, with whom she cele- today. For over 85 years, St. Paul’s Home has DOD had agreed to move the supplies but brated 30 years of marriage. Her friends em- faithfully provided respite care, memory care, that due to legalities of moving privately-do- phasize her devotion to her family and com- assisted living services, and skilled nursing to nated goods, the process would take too mitment to ensuring their well-being. Jewel long.’’ the elderly in Belleville and surrounding com- ‘‘In a previous conference call yesterday, was a wonderful stay-at-home mother to four munities. And today, the church can proudly anticipating that DOD might be unable to lovely children, Norris Timothy, Regina Pierre, boast its new additions coming soon. quickly move these supplies, we requested Vonda Yvette and Levelle Christopher. Her St. Paul’s is proud to call the Illinois metro the State Department to fund a commercial nurturing nature and talent with children led east home, and Belleville is proud to call St. flight through the Office of Foreign Disaster her husband to encourage her to start a home Paul’s one of its own. Assistance should we encounter any prob- day care. Her 30 years of service to her Chi- Mr. Speaker, I ask my colleagues to join me lems with DOD,’’ Faleomavaega and Rep. cago community as a local child care provider Richardson said. ‘‘Last night, upon learning in congratulating St. Paul’s United Church of that the DOD process would take too long gave hundreds of children and families the Christ on 175 years in the Belleville commu- and in consideration of our request for a strong foundation and support needed to nity. more immediate airlift, Secretary Clinton thrive in life. f assessed the options while en route to Eu- Jewel’s enthusiasm for life and dedication to rope, and this morning the State Depart- others also showed in her work with the HISTORICAL RECORD OF U.S. SEC- ment informed us that Secretary Clinton has church. She served God via multiple min- RETARY OF STATE HILLARY agreed to fund the flight with OFDA funds.’’ istries; she used her glorious voice in the CLINTON’S AUTHORIZATION OF ‘‘The agreement is that this will be a one- EMERGENCY RELIEF SUPPLIES time airlift, and our Samoan communities music ministry and her passion for helping should make future donations in cash, rather others as a member of the Adult Usher Board, TO SAMOA IN RESPONSE TO than in commodities. We will not be able to Junior Missionary Board, and Alter Workers. I DEVASTATING TSUNAMI airlift frozen goods, and our offices will work understand that her church family appreciated closely with the communities to gather the the unconditional love she gave to so many HON. ENI F.H. FALEOMAVAEGA supplies to a central location for the airlift. Also, the airlift provided by the U.S. Depart- without judgment or shame. She was genuine OF AMERICAN SAMOA and loving. What a beautiful combination. ment of State can only be authorized to land IN THE HOUSE OF REPRESENTATIVES in Samoa. While we were also hopeful to get Jewel was preceded in death by: her hus- Tuesday, December 2, 2014 supplies in to American Samoa, all matters band L. C. Blue; son Norris Timothy; parents relating to American Samoa are decided be- Blanche and Willie Johnson, Sr.; and siblings Mr. FALEOMAVAEGA. Mr. Speaker, I rise tween the Governor and FEMA, according to Credale Johnson, Emma Jean Brown, Robert today to include, for historical purposes, infor- federal law.’’

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.013 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1694 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 ‘‘I know from my meeting earlier this IN RECOGNITION OF THE NA- of command to Assistant Division Commander week with Prime Minister Tuilaepa Sailele TIONAL ORGANIZATION OF for Operations with the 98th Division. Cocroft Malielegaoi that he is thankful to the Sa- BLACK VETERANS AND NA- examines the problem with minorities getting moan congregations and communities in the TIONAL COMMANDER BRIGADIER administrative discharges and then having greater Los Angeles area who responded from the heart by collecting critical supplies GENERAL (RET.) ROBERT A. great difficulty getting veteran benefits, and that will now be airlifted to those in need,’’ COCROFT the unfairness of this compared to the am- Faleomavaega said. ‘‘For this reason, I want nesty offered to draft dodgers, who were to thank the Prime Minister for agreeing to HON. CHARLES B. RANGEL mostly white. He reports that now the seg- accept this gift, and I also want to thank OF NEW YORK regation problems are not racial, but gender- Reverend Liki Tiatia, Reverend John Mailo, IN THE HOUSE OF REPRESENTATIVES based, and he addresses the issues of frater- Reverend Misipouena Tagaloa, and High nization and different standards for women. Tuesday, December 2, 2014 Chief Loa Pele Faletogo for all the good Cocroft emphasizes that the American people work they have done. Reverend Tiatia and Mr. RANGEL. Mr. Speaker, today I rise to need to decide what they want from their mili- Reverend Mailo will be taking a flight to recognize the National Organization of Black tary. He retired at the rank of Brigadier Gen- Samoa to make the presentation to the Gov- Veterans (NABVETS) and its visionary and ernment of Samoa on behalf of our Samoan eral. community on the West Coast and also on founder, Brigadier General (Ret.) Robert A. Mr. Speaker, I ask that you and my distin- behalf of Congresswoman Richardson and Cocroft for his distinguished service as Na- guished colleagues join me and very grateful myself.’’ tional Commander. This year, under the lead- Nation in paying tribute and salute to Brigadier ‘‘I especially want to thank Congress- ership of President and Chief Executive Offi- General (Ret.) Robert A. Cocroft. woman Richardson for working around the cer Wendy McClinton, Black Veterans for So- f clock in support of our Samoan communities cial Justice, Inc. hosted the National Organiza- living in her district, and in Samoa and tion of Black Veterans National Conference HONORING THE LIFE OF MARION American Samoa,’’ Faleomavaega continued. and Convention in New York City, which took BARRY ‘‘Congresswoman Richardson has stood by us place from August 14th to August 17th, 2014. every step of the way and has left no stone The theme for the 2014 Convention was HON. BENNIE G. THOMPSON unturned in getting this done. She has been ‘‘Transitioning to the Next Level: Fighting for OF MISSISSIPPI staunch and solid in her dedication to us, Your Focus’’. This theme was very apropos, and has earned her rightful place in our IN THE HOUSE OF REPRESENTATIVES because the conference honored Brigadier hearts. It is my honor to welcome Congress- Tuesday, December 2, 2014 woman Richardson into our Pacific Island General (Ret.) Robert A. Cocroft who retired family.’’ as National Commander. Mr. THOMPSON of Mississippi. Mr. Speak- The National Association for Black Vet- er, I rise today to honor the life and legacy of ‘‘With so many people in need of basic sup- Marion Barry, former Mayor of Washington, plies in Samoa, it has been a privilege to erans, Inc. (NABVETS) is a membership serv- work with Chairman Faleomavaega to assist ice organization with the charge to address D.C., civil rights activist, community organizer, the people of my district in making sure the issues concerning Black and other minority and Mississippi native. items they have collected will soon be in the veterans. NABVETS has served as a leader to Born in Itta Bena, MS, on March 6, 1936, hands of their families and friends,’’ Con- address the unmet concerns of minority and into a family of sharecroppers, Marion Barry gresswoman Richardson said. ‘‘This feat is low-income veterans through direct services, immediately developed a work ethic that would only possible because of the dedication of empowerment training and collaborative part- be on display throughout his entire life. Even Chairman Faleomavaega and Secretary Clin- nerships; and in the service design to address as a child growing up in the Mississippi Delta ton. Over 60 local organizations in the 37th the ‘‘holistic’’ issues of homelessness among and later in Memphis, TN, he would work jobs district of California, including church as a paperboy, a waiter, and a bag boy at a groups, non-profit organizations and caring veterans. Since inception, NAB VETS has pro- grocery store to help his family in which he others collected over 100,000 pounds of essen- vided direct services to 65,000 veterans and tial items to send to victims of the tragedy on behalf of 240,000 veterans—primarily of was the third of 10 children. that recently occurred. The lives of thou- the Vietnam and post-Vietnam era. Mr. Barry was always a great student and sands of Samoans will be immediately and Robert A. Cocroft served with the Army in graduated with a degree in chemistry from directly improved by the actions taken by Korea during the Vietnam War and had an ac- Lemoyne-Owen College in Memphis and later Secretary Clinton, Chairman Faleomavaega tive career in the Army Reserve. He served as received a master’s degree in organic chem- and all of us who answered the call to help. the Deputy Secretary of the Wisconsin Depart- istry from Fisk University in Nashville, TN. I am proud to be a part of this exceptional ment of Veterans Affairs, President of the Na- While a graduate student at Fisk, Mr. Barry team.’’ tional Association for Black Veterans, and began what would be a long, storied life in ‘‘It is clear that change has come and that President and CEO of the Center for Veterans public service and civil rights and helped Secretary Clinton is restoring America’s Issues (Milwaukee, Wisconsin). found the campus’s chapter of the National stature once again, especially in a part of Robert A. Cocroft was born in Conway, Mis- Association for the Advancement of Colored the world that the U.S. has too long ne- People (NAACP) and, subsequently, helped to glected. We thank Secretary Clinton for her sissippi, Nov 16, 1946 and was raised in Mil- leadership and commitment, and for stand- waukee, Wisconsin. He entered military serv- form and became the first National Chairman ing with the people of Samoa when they need ice via the draft in 1966, while as a student at of the Student Non-Violent Coordinating Com- her most, and we continue to extend our the University of Wisconsin-Oshkosh, where mittee (SNCC). deepest condolences to the families and he studied and played football. As Chairman of SNCC, Mr. Barry led pro- friends of those who are suffering so much,’’ During his illustrious military career and tests against racial segregation and discrimi- Faleomavaega and Rep. Richardson con- service, he was once offered a position in mili- nation, played a central role in many voter cluded. tary intelligence, but declined because he be- registration efforts, worked for the recognition lieved that as a Black officer he would be of the Mississippi Freedom Democratic Party f used to spy on student demonstrators such as and, despite the imminent danger involved, the Black Panther Party. He describes going participated in the Freedom Rides organized DR. KENNETH H. COOPER to Panama for jungle training and becoming by the Congress of Racial Equality (CORE), anemic due to taking required anti-malaria during the spring and summer of 1961, to help drug Primaquine, which reacted with his G6PD African-Americans in the South register to HON. ROGER WILLIAMS deficiency. Sent to Korea, he mentions assign- vote. OF TEXAS ment to headquarter Special Troops and proc- In 1965, Mr. Barry came to D.C. to manage essing military personnel with the 8th Army the local SNCC office. His advocacy for the IN THE HOUSE OF REPRESENTATIVES and touches on racial tension, infiltrators along people of Washington, D.C., started that year Tuesday, December 2, 2014 the Demilitarized Zone, attitudes towards Re- and would continue for nearly five decades. At public of Korea soldiers, and estimates of mili- the time Mr. Barry arrived in Washington, Mr. WILLIAMS. Mr. Speaker, I am proud to tary strength. D.C., the city, though more than fifty percent announce that Dr. Kenneth H. Cooper will be After return to Wisconsin, he joined the 84th Black, had few Black people in the ranks of inducted into the National Football Founda- Division of the Reserve, while also working the city’s leadership and was being held under tion’s Leadership Hall of Fame on January and going to school full time. He graduated the thumb of often all-white congressional 8th, 2015. from the Army War College, climbing the chain committees whose members’ segregationist

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A02DE8.016 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1695 policies worked to prevent the black commu- administration to perform many of the jobs that Under the U.S. Code, Congress has ex- nity from growing and thriving. helped build a thriving metropolis. pressly provided for the exemption of state In response to these conditions, Mr. Barry Marion Barry was often referred to as and local taxes for bonds issued by Guam, organized a ‘‘Free D.C. Movement’’ to advo- ‘‘Mayor for Life’’ due in part to the unyielding the Virgin Islands, Puerto Rico and the Northern Mariana Islands. While American cate for D.C. Home Rule. Additionally, he support he received from his constituents. This Samoa can issue bonds similar to the other often spoke against the policies and regula- support would often be tested in his political territories, the interest earned from Amer- tions put in place by the House Committee on life. But even in the face of controversy that ican Samoa bonds is subject to taxation by the District of Columbia. prevented him from seeking mayoral office in the several States, Washington, DC and the In 1967, Mr. Barry resigned from his leader- 1990 and eventually cost him his freedom, the other territories. H.R. 982 would provide par- ship position in the D.C., SNCC office and or- people of D.C. trusted the leadership of Mr. ity to American Samoa. ganized Pride, Inc.—a program that provided Barry enough to re-elect him as D.C.’s Mayor H.R. 982 will also make American Samoa job training to uplift unemployed black men in bonds more attractive to investors and could in 1994 and subsequently to several more save the American Samoa Government be- Washington, D.C., and put them in a better terms as a City Council member. tween $20,000 and $50,000 a year in interest position to be contributing members of the Despite any of Mr. Barry’s personal strug- costs on municipal bonds it may issue, the community. This program helped to build and gles and downfalls, he always kept one thing Congressman said. The American Samoa develop a generation of Black men who may front and center in his mind—the well being Power Authority has indicated that it would have otherwise been lost. and progression of the people of his beloved like to sell bonds to purchase new diesel gen- Mr. Barry began his life in electoral politics Washington, D.C., and the continued advance- erator sets to accommodate our growing pop- in 1971, when he was elected to the Wash- ment of the black community. Until his dying ulation. This legislation would lower the in- ington, D.C., school board. He would go on to day, Marion Barry carried the flag for his city. terest costs of the prospective sales and will serve as president of the board from 1972 to also enable the government to address defi- Marion Barry is a great example of what can ciencies in its current infrastructure. 1974. Mr. Barry would then go on to run for happen when the system tries to choose our This legislation is identical to H.R. 1448 and be elected to an at-large seat on the D.C. heroes for us and the people push back. which I introduced in the 107th Congress. City Council. Mr. Barry immediately became a While the media and various individuals H.R. 1448 was adopted by the Judiciary and leader on the council and helped to make real worked as hard as they could to break him Resources Committees and was finally changes in the city including, getting a pay down and turn their collective backs on him, agreed to by voice vote on the House Floor raise for the police department and defeating the people—the ones who should be the most on September 24, 2002. Unfortunately, the a gross-receipts tax on all city businesses. important to an elected official—always wel- Senate was unable to consider this legisla- On March 9, 1977, Mr. Barry’s personal will tion before the 107th Congress adjourned. comed him with open arms and received him However, the Judiciary and Resources and courage were on display as he survived even more warmly at the ballot box. This Committees once again supported American a gunshot wound he received when radical speaks volumes about the kind of man and Samoa’s interests by unanimously passing terrorists took siege of the City Council build- the kind of leader Marion Barry was in Wash- H.R. 982 in the 108th Congress and I am ing during a hostage crisis. This event would ington, D.C. thankful that my friends, both Republican only add to the reverence that was building for Mr. Speaker, I ask my colleagues to join me and Democrat, also voted in favor of H.R. 982 the man and his leadership abilities. in recognizing Mayor Marion Barry, an un- when this matter was brought to the Floor In 1978, Mr. Barry was elected as the daunted activist, a community leader, a de- for consideration. This legislation is bene- Mayor of Washington, D.C.—a post he would ficial and critical to the needs of American voted public servant, and an unforgettable per- Samoa and in due time will help us build and hold for 16 years between 1979 and 1999. sonality in American politics. strengthen our local economy. Like me, Mr. Barry was one of the nearly 250 f At this time, I also want to thank Gov- black mayors elected in the years following ernor Togiola for his support and I look for- Martin Luther King Jr.’s assassination and he LEGISLATIVE HISTORY ON PAS- ward to working with my friends in the U.S. became one of the many black elected lead- SAGE OF FALEOMAVAEGA BILL Senate to make sure that this legislation is ers who rose from the struggles of the civil TO PROVIDE ASG AUTHORITY TO passed before the 108th Congress adjourns rights era. ISSUE BONDS EXEMPT FROM next year, the Congressman concluded. As mayor of Washington, D.C., Marion STATE AND LOCAL TAXATION [Press Release, Sept. 30, 2004] Barry was a powerhouse. He helped to create a local government that had barely existed be- SENATE PASSES FALEOMAVAEGA’S BILL TO HON. ENI F.H. FALEOMAVAEGA DEVELOP AMERICAN SAMOA’S ECONOMY BY fore his arrival at City Hall. He was an advo- OF AMERICAN SAMOA PROVIDING ASG WITH AUTHORITY TO ISSUE cate for diversity and inclusivity in City govern- IN THE HOUSE OF REPRESENTATIVES BONDS EXEMPT FROM TAXATION ment hiring and appointed new and talented Tuesday, December 2, 2014 Congressman Faleomavaega announced black leaders who, ultimately, proved the via- today that on Wednesday September 29, 2004 bility of self-governance by Black leaders in Mr. FALEOMAVAEGA. Mr. Speaker, I rise the Senate passed H.R. 982, a bill he intro- D.C. today to include, for historical purposes, infor- duced to help develop American Samoas Mr. Barry instituted budget reforms that had mation about the passage of a bill to provide economy by providing the American Samoa not previously existed and was able to get the the American Samoa Government the author- Government with the authority to issue city’s financial books in order. Additionally, Mr. ity to issue bonds exempt from state and local bonds exempt from state and federal tax- Barry worked to build up downtown Wash- taxation. ation. Bonds encourage economic investment in [Press Release, Nov. 5, 2003] ington, D.C., and turn it into a thriving busi- the Territory and H.R. 982 will make Amer- ness center that would eventually include the HOUSE PASSES FALEOMAVAEGA BILL TO PRO- ican Samoa bonds more attractive to inves- Verizon Center—home to the Washington VIDE ASG AUTHORITY TO ISSUE BONDS EX- tors and will immediately save the American Wizards and Washington Capitals. Moreover, EMPT FROM STATE AND LOCAL TAXATION Samoa Government between $20,000 and Mr. Barry would raise the national and inter- Congressman Faleomavaega announced $50,000 a year in interest costs on municipal national profile of Washington, D.C., through that on November 4, 2003 the U.S. House of bonds it may issue, the Congressman said. his charismatic leadership and effective re- Representatives unanimously passed H.R. Not long ago, the American Samoa Power sults. 982, a bill he introduced to provide the Amer- Authority said that it would like to sell Though he moved the city forward and be- ican Samoa Government with the authority bonds to purchase new diesel generator sets to issue bonds exempt from state and federal to accommodate our growing population. came an ally to the business community, the taxation. This legislation would lower the interest upper middle class and the professional work- I would like to thank Chairman Pombo and costs of the prospective sales and will also ing class alike, Marion Barry never forgot Ranking Member Rahall of the Resources enable the government to address defi- where he came from and the people who he Committee and Chairman Sensenbrenner and ciencies in its current infrastructure. was elected to serve. During his mayoralty, Ranking Member Conyers of the Judiciary This legislation is identical to H.R. 1448 Mr. Barry continued to be a champion for the Committee for their continued support re- which I introduced in the 107th Congress. poor and downtrodden. He would often say garding the needs of American Samoa and H.R. 1448 was adopted by the Judiciary and for their efforts to bring H.R. 982 to the Resources Committees and was finally that he could ‘‘walk with kings but not lose the Floor, Congressman Faleomavaega said. H.R. agreed to by voice vote on the House Floor common touch.’’ He helped steer millions of 982 would amend the U.S. Code to allow in- on September 24, 2002. Unfortunately, the dollars into job training, employment, senior terest earned from American Samoa bonds to Senate was unable to consider this legisla- citizen, and social welfare programs. He also be exempt from both state and local tax- tion before the 107th Congress came to a hired thousands of blue-collar workers into his ation. close.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.019 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1696 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 However, the Judiciary and Resources retirement from public service, though I sus- following information about the citizenship Committees once again supported American pect we will see his continued leadership in issue in American Samoa. Samoa’s interests by unanimously passing the community for years to come. Thank you, [Press Release, June 11, 2008] H.R. 982 in the 108th Congress and I am thankful that my friends, both Republican Kenny, for your service and leadership. WASHINGTON, D.C.—FALEOMAVAEGA RE- and Democrat, also voted in favor of H.R. 982 f SPONDS TO GOVERNOR TOGIOLA’S COMMENTS ABOUT CITIZENSHIP LEGISLATION when this matter was brought to the House COMMENDING KRISHNA Floor for consideration. This legislation is Congressman Faleomavaega announced beneficial and critical to the needs of Amer- BHADRIRAJU today that he is clarifying the intent of H.R. ican Samoa and in due time will help us 6191, a bill he introduced to make it easier build and strengthen our local economy. HON. PETE OLSON for U.S. nationals living in American Samoa At this time, I thank my friends, espe- OF TEXAS to become U.S. citizens, if they so choose. cially Senator Harry Reid, Assistant Demo- ‘‘Recently, the Governor has publicly ex- IN THE HOUSE OF REPRESENTATIVES cratic Leader of the U.S. Senate who re- pressed that he strongly opposes the legisla- sponded to my letter dated September 20, Tuesday, December 2, 2014 tion and, while I respect his right to oppose, 2004 in which I requested his support in Mr. OLSON. Mr. Speaker, I rise to congratu- I disagree with his position,’’ Faleomavaega bringing H.R. 982 to the Senate floor for pas- late Krishna Bhadriraju for appreciating the said. ‘‘Also, given that the Governor has sage. The Senate Finance Committee favor- made statements that are not factual, I be- ably reported the bill on July 20, 2004 and value of life at the young age of four and lieve it is important to clear up the misin- placed it on the Senate Calendar for consid- working to save the life of an injured bird. formation he has relayed to the newspapers eration and vote. As Assistant Democratic Krishna documented his care of a blue jay and radio.’’ Leader, I am thankful that Senator Reid was that he rescued and nursed back to health. ‘‘First, Governor Togiola states that H.R. able to hotline this bill. The story of healing and the care an individual 6191 will force U.S. citizenship on U.S. na- I also appreciate the support of Senator can provide for another species resonated so tionals. This is not true. H.R. 6191 is about Charles Grassley, Chairman of the Com- strongly that his teachers encouraged him to choice, not force, and only applies to those mittee on Finance, and Ranking Member put pen to paper. The result, produced at age U.S. nationals living in American Samoa Max Baucus for supporting the bill. This bill who choose to become U.S. citizens if they is good news for American Samoa and, again, six, is his book, ‘‘Krishna Saves a Bird.’’ His wish to apply.’’ will encourage more investment in the Terri- compassion and dedication to helping an ani- ‘‘Secondly, the Governor states that this tory. Now that this bill has passed both the mal in trouble at such a young age has be- legislation is contrary to the findings of the House and Senate, H.R. 982 now awaits the come an inspirational opportunity to show Future Political Status Study Commission President’s signature which I am confident other children the value of helping others and which recommended that American Samoa will be forthcoming, the Congressman con- tapping your creative skills. not seek U.S. citizenship for its people at cluded. I commend Krishna Bhadriraju for using his this time. Again, this is false. H.R. 6191 does f experience to inspire action in others. On be- not make citizenship automatic for Amer- ican Samoa’s people. H.R. 6191, which my TRIBUTE TO KENNY HALE half of the residents of the Twenty-Second staff hand-delivered to Governor Togiola’s Congressional District of Texas, I again con- office on June 7, 2008, states that the intent HON. TODD ROKITA gratulate Krishna on the completion of of this legislation is to allow nationals to be- OF INDIANA ‘‘Krishna Saves a Bird.’’ We are grateful for come citizens by more expeditious means. In other words, it speeds up the process. It does IN THE HOUSE OF REPRESENTATIVES his work to promote kindness and compassion. not make citizenship automatic.’’ Tuesday, December 2, 2014 ‘‘For those nationals who choose to be- f Mr. ROKITA. Mr. Speaker, I rise today to come citizens, H.R. 6191 speeds up the proc- recognize and salute a notable Hoosier, Mr. HONORING GOLDEN LIVING ess by doing away with certain requirements CENTER and treating nationals like nationals rather Kenny Hale, for his retirement from public than foreigners. As the law now stands, in service, most recently as President of the Mor- order for a national to become a citizen, our gan County Council. I wish to express my HON. JASON T. SMITH people must follow the same procedures as heartfelt gratitude and appreciation for his OF MISSOURI aliens, or foreigners, and this is not right leadership and service to our community, IN THE HOUSE OF REPRESENTATIVES since nationals owe permanent allegiance to state, and country. Tuesday, December 2, 2014 the United States.’’ Kenny was first elected to the Morgan ‘‘For nationals living in American Samoa, County Council in 1999, and assumed a lead- Mr. SMITH of Missouri. Mr. Speaker, I rise it is not right that our people are currently ership role immediately. He served as the today to honor Golden LivingCenter in St. required to pass an English proficiency and James as the 2014 recipient of the Gold-Ex- civics exam given that American Samoa’s council’s Vice President for his first six years education system is patterned after that of on the body and has served as President for cellence in Quality National Quality Award. Golden LivingCenter is the only long term care public schools in the U.S.’’ the past ten years. He also served as the ‘‘Also, our people should not be required, county’s plan director, 911 coordinator, flood- center that has received this prestigious award as they now are, to move to the mainland to plain administrator, county purchasing agent of from the National Quality Award program for pass the residency requirement. Our people land acquisition, and heavy equipment oper- three consecutive years. already live in a U.S. Territory and should Since 1964, as a role model for providing ator. In addition to serving the people of Mor- not be subjected to the financial hardship skilled nursing and post-acute care, Golden and burdens of moving to California or Ha- gan County, Kenny is an ASE and Moog Cer- LivingCenter has been dedicated to improving waii or elsewhere just to establish residency. tified Technician, and a Certified Welder. the lives of their patients and residents. Their While the Governor may believe that our Kenny’s leadership was critical in the coun- people should be treated like foreigners and ty’s coordinated response to several unforget- employees have continuously been committed to provide exceptional care for the residents of forced to move and take exams, I do not and table disasters over the years, including the this is where we disagree.’’ devastating F–3 tornado in 2002 and the mas- the communities they serve. ‘‘I believe the provisions of physical resi- For the years of service and commitment to sive floods of 2008. His generosity and exper- dency and exams should be waived, and this helping others, it is my pleasure to recognize tise even extended outside of the county to is what H.R. 6191 does. H.R. 6191 waives the Golden LivingCenter in St. James before the requirements of physical residency but keeps fellow Hoosiers following the disastrous 2010 United States House of Representatives. in place all other provisions of section 316 as tornado that claimed lives in Henryville, Indi- f to good moral character, etc. H.R. 6191 also ana. makes sure that U.S. nationals are required Kenny has been recognized by his commu- HISTORICAL RECORD OF CITIZEN- to file an application, complete an interview, nity and peers over the past several years. SHIP ISSUE IN AMERICAN be fingerprinted, take an oath and meet all The Morgan County Sheriff’s Department SAMOA other requirements as expressed in the Im- awarded him for coordinating the Jefferson migration and Nationality Act.’’ Township Crime Watch program. He has been HON. ENI F.H. FALEOMAVAEGA ‘‘Regarding the Governor’s concerns about recognized by the Association of Indiana H.R. 6191 opening up the floodgate to for- OF AMERICAN SAMOA eigners, I am pleased that after all these Counties as Outstanding County Councilman IN THE HOUSE OF REPRESENTATIVES years the Governor has finally agreed to stop in 2004, and other organizations for his lead- Tuesday, December 2, 2014 the flow of foreigners entering the territory ership, achievement and community service. if H.R. 6191 is passed. If H.R. 6191 accom- Kenny has been a dedicated public servant Mr. FALEOMAVAEGA. Mr. Speaker, I rise plishes nothing else, it has been well worth and I wish him well during his well-deserved today to include, for historical purposes, the the effort because ASG should have closed

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.020 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1697 the floodgate years ago. ASG’s weak immi- territory, not by a court 7,000 miles away,’’ which five individuals want the U.S. Govern- gration and corporate laws, which allow for Faleomavaega concluded. ment to grant automatic citizenship to any- sponsorship of foreigners, like Daewoosa, The full text of the Congressman’s letter one born in American Samoa. who set up shop and send their money back to the President of the Senate and the ‘‘On behalf of the people of American home, have brought embarrassment to our Speaker of the House follows: Samoa, I submitted a legal brief to the court Territory and jeopardized our communal I am writing to bring to your attention a in 2012 asserting that U.S. citizenship by lands and customs. If ASG does not clean up lawsuit that was filed this week in the U.S. birthright should only be decided by the will its mess and establish fair laws for fair busi- District Court for the District of Columbia of the people and granted through legislation ness, our people will lose everything.’’ on behalf of several persons born in Amer- passed by the U.S. Congress,’’ Faleomavaega ‘‘Regarding the Governor’s point that he ican Samoa. The plaintiffs in the lawsuit are said. believes H.R. 6191 will lead to our people seeking a declaratory judgment from the ‘‘I now commend the State Department for being drafted in the U.S. military, I would court that the Citizenship Clause of the emphasizing that only Congress has the au- respectfully suggest that he review H.R. 6191. Fourteenth Amendment to the United States thority to grant U.S. citizenship to Amer- H.R. 6191 does not make anyone subject to Constitution should apply to American ican Samoa, a position which I have publicly the draft.’’ Samoa. The plaintiffs are also seeking an in- expressed for years. As I have stated on and ‘‘Finally, like the Governor, I welcome junction to prevent the U.S. Department of off the record, I am not against birthright input, and I introduced this legislation based State from imprinting Endorsement Code 09 citizenship for American Samoans; however, on the input of the people. Many of our peo- on passports of persons born in American there is a process in place. Every U.S. terri- ple have requested my assistance because, Samoa noting that the ‘‘Bearer is a U.S. Na- tory that currently possesses birthright citi- like me, they believe U.S. nationals who tional and Not a U.S. Citizen’’. zenship obtained it through an ‘organic act’ choose to become citizens should be able to The lawsuit, filed against the United passed by the U.S. Congress. Each organic do so without being treated like foreigners in States of America, the U.S. Department of act was supported by the will of the people in the process. This is why I introduced H.R. State, the Secretary of State and the U.S. each respective territory. American Samoa 6191, and stand by it, and intend to open it up Assistant Secretary of State for Consular Af- must also go through this process if our peo- for nationals living in the U.S. as well,’’ fairs, could have significant ramifications on ple decide that birthright citizenship is in Faleomavaega concluded. American Samoa’s political relationship their best interest.’’ with the U.S. government. If the court rules ‘‘We cannot allow our political status with [Press Release, July 12, 2012] in favor of the plaintiffs and the Citizenship the United States to be decided by five indi- Clause is applied to American Samoa, this viduals or by a court thousands of miles WASHINGTON, D.C.—FALEOMAVAEGA OPPOSES will set the precedent for other provisions of away. If our people decide that they want to THE RECENTLY FILED LAWSUIT TO FORCE the U.S. Constitution to be applied in the be granted automatic citizenship by birth- CITIZENSHIP ON EVERY PERSON BORN IN Territory. This is a cause for concern as the right, I will work with Congress and our AMERICAN SAMOA courts may invalidate any of our local laws local leaders, as provided by governing law Congressman Faleomavaega today an- that protect our Matai system and com- and years of legal precedent, to pass such nounced his continued strong opposition to munal lands. legislation. Until then, I will continue to the efforts to use the judicial system to force For years, I have warned the people of keep the people updated as this case moves citizenship upon every person who is born in American Samoa of the dangers of outside through the court,’’ Faleomavaega con- American Samoa. forces determining the future of our terri- cluded. On July 10, 2012, a lawsuit was filed by tory. The lawsuit filed this week is the mani- f Murad Hussain of Arnold & Porter LLP, in festation of our greatest fear, that citizen- the United States District Court for the Dis- ship will be forced upon us and we could lose THE NO SOCIAL SECURITY FOR trict of Columbia. Mr. Hussain represents our Matai system and communal lands. For NAZIS ACT several plaintiffs born in American Samoa, example, in King v. Andrus, 452 F. Supp. 11 and the Samoan Federation of America lo- (D.D.C. 1977), a federal court applied the jury cated in Carson, California. The plaintiffs in system to the American Samoa judiciary HON. SANDER M. LEVIN the lawsuit are seeking a declaratory judg- system against our will. OF MICHIGAN ment from the court that the Citizenship This week a federal court is again asked to IN THE HOUSE OF REPRESENTATIVES Clause of the Fourteenth Amendment to the decide an issue critical to American Samoa, United States Constitution should apply to whether American Samoans should be con- Tuesday, December 2, 2014 American Samoa. The plaintiffs are also sidered U.S. citizens. We must ask ourselves Mr. LEVIN. Mr. Speaker, this is one of the seeking an injunction to prevent the U.S. do we want a court to decide whether we be- rare occasions where the name of the bill Department of State from imprinting En- come citizens or do we want to decide our dorsement Code 09 on passports of persons speaks for itself. own destiny. The No Social Security for Nazis Act is de- born in American Samoa noting that the I respect the right of the plaintiffs to file ‘‘Bearer is a U.S. National and Not a U.S. this lawsuit. However, I believe the issue of signed to close a loophole that has allowed Citizen. A copy of the complaint or lawsuit citizenship should be decided by the people some Nazi persecutors and their collaborators can be found at this link: http:// currently living in American Samoa and who in the Holocaust to receive Social Security www.house.gov/faleomavaega/pdfs/1- plan on remaining in American Samoa. benefits. By leaving the country before they main.pdf. Since any potential negative consequences of were officially deported, these people were ‘‘I respect the rights of the plaintiffs, who citizenship being granted to all persons born able to keep their Social Security benefits. It is were born in American Samoa, to file their in American Samoa will affect persons living lawsuit. I also appreciate the frustration of unbearable that those responsible for the in American Samoa not those living in the deaths of millions during the Holocaust con- the Samoan Federation of America that United States. For those living in the United tinue to receive Social Security benefits due to struggles to meet the needs of Samoans who States, there are existing pathways to citi- are U.S. nationals who cannot vote in na- zenship that allow them to become U.S. Citi- this loophole. tional elections and are precluded from cer- zens. There is also a fee waiver available for This legislation stops benefit payments to tain jobs that requires U.S. citizenship. How- some individuals who are not able to pay fil- Nazi persecutors and ensures that these indi- ever, I believe the choice of becoming a U.S. ing fee for the naturalization application. viduals do not receive spousal benefits from citizen belongs to the people of American I have enclosed a copy of the complaint. marrying a Social Security beneficiary or Samoa, and not by judicial legislation,’’ My hope is for a thorough review by the through other channels. Congress never in- Faleomavaega said. Fono on this important issue. I will also ‘‘I have sent letters to the leadership of the tended for Nazi war criminals and collabo- make the complaint available for download rators to be able to receive Social Security Fono, both the President of the Senate, and on my website at http://www.house.gov/ the Speaker of the House, that summarizes faleomavaega/pdfs/1-main.pdf. benefits. This bipartisan legislation reaffirms the lawsuit that was filed this week in the that intent. U.S. District Court for the District of Colum- [Press Release, August 12, 2014] Social Security is an earned benefit, and it bia. In the letters I further reiterated my op- is our job in Congress to preserve and protect position to the lawsuit which if successful FALEOMAVAEGA COMMENDS U.S. DEPARTMENT OF STATE’S BRIEF IN TUAUA V. UNITED STATES it. We must stop these inappropriate payments will force citizenship upon everyone born in now, and that is exactly what this legislation American Samoa.’’ Faleomavaega added. WASHINGTON, D.C.—Congressman Faleoma- ‘‘The future of our territory is being vaega today issued the following statement does. I thank Representatives JOHNSON and threatened by outside forces and we must offering his support for the U.S. Department BECERRA and the work of Representatives unite in our opposition to this lawsuit. I of State’s recently filed brief against the CAROLYN MALONEY, JASON CHAFFETZ and firmly believe the future of American Samoa plaintiffs in the citizenship case formally LEONARD LANCE, and all others for their lead- should be decided by the people living in the known as Tuaua v. United States, a case in ership on this legislation.

VerDate Sep 11 2014 05:55 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.024 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1698 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 OUR UNCONSCIONABLE NATIONAL Samoa Political Status Commission in a of the U.S. Department of State listing of DEBT hearing held on Saturday, September 29, 2006 U.S. treaties in force makes no mention of at BYU-Hawaii in Laie, Hawaii. any treaty existing between the United I believe the work of this commission is States and the island groups of Tutuila and HON. MIKE COFFMAN critical for American Samoas political fu- Manua. OF COLORADO ture, Faleomavaega said. I am honored to Also, as a current conflict in federal law il- IN THE HOUSE OF REPRESENTATIVES provide input as the commissioners delib- lustrates, the U.S. Congress has its own erate our political status options. problems in defining the U.S. relationship Tuesday, December 2, 2014 In my opinion, before we get too far ahead with American Samoa. The U.S. Congress ap- Mr. COFFMAN. Mr. Speaker, on January of ourselves in examining our political op- proved these documents under the 1929 Rati- 20, 2009, the day President Obama took of- tions we need to look inward to resolve some fication Act (48 U.S.C. 1661). Section 1661 fice, the national debt was lingering ambiguities regarding our current states as follows: $10,626,877,048,913.08. territorial status. Currently, American Sa- Until Congress shall provide for the gov- Today, it is $18,005,549,328,561.45. We’ve moas political relationship with the United ernment of such islands, all civil, judicial, States is governed by the two Treaties or and military powers shall be vested in such added $7,378,672,279,648.37 to our debt in 5 person or persons and shall be exercised in years. This is over $7.3 trillion in debt our na- Deeds of Cession signed in 1900 (Tutuila) and 1904 (Manua). These documents provide no such manner as the President of the United tion, our economy, and our children could clear protections for our culture, no clear States shall direct; and the President shall have avoided with a balanced budget amend- guidance for our relationship with the have power to remove said officers and fill ment. United States, and no expression of political the vacancies so occasioned. (emphasis f unity between our own islands. added) To me, it makes sense that we should ad- Congress did not ratify the 1900 and 1904 FUNDING FOR ALZHEIMER’S dress these issues first before we can develop Deeds until 1929, and then delegated its con- RESEARCH a roadmap for our future. Otherwise, unre- stitutional authority to administer the terri- solved questions will always remain regard- tory to the President, who transferred the HON. GENE GREEN ing our internal (Tutuila and Manua) and ex- administration of American Samoa to the ternal (with the United States) political re- Secretary of the Navy, primarily because the OF TEXAS lationships. U.S. wished to establish a naval station in IN THE HOUSE OF REPRESENTATIVES One source of ambiguity in these docu- Pago Pago Bay. Tuesday, December 2, 2014 ments is that, in a Samoan context, this was In 1951, President Truman transferred the understood to be a treaty of cession, rather administration of American Samoa to the Mr. GENE GREEN of Texas. Mr. Speaker, than a deed of cession. In the Samoan Secretary of the Interior. The transfer of all I rise today to urge my colleagues to appro- version of these documents, our chiefs used administrative, judicial, and military au- priate an additional $200 million to the Na- the term feagaiga, which means treaty, but thority from the Congress to the President has not been amended since 1929. Notwith- tional Institutes of Health for research on Alz- in the English version, the word treaty is standing this 1929 law delegating authority heimer’s disease. never mentioned. To our Samoan chiefs this over the territory to the President, in 1984 More than five million Americans currently treaty relationship meant that Samoans Congress passed a bill, signed into law by the would maintain a measure of autonomy the have Alzheimer’s disease. Today, someone President (Pub. L. 98–213, codified at 48 terms of the agreement allowed the U.S. the develops Alzheimer’s every 67 seconds and U.S.C. 1662a), that now requires congres- right to use the land and the harbor, in ex- by 2050, it will be every 33 seconds. sional approval of any amendment to the change for providing protection against hos- Alzheimer’s is the most expensive disease territory’s constitution. In view of this new tile nations. Viewed as a deed, however, this in America. Unless action is taken, the cost of law, several questions and problems are now agreement would have meant that the chiefs Alzheimer’s will total $1.2 trillion in 2050, and being raised. First, why does American were giving over the land as well as their Samoa now require Congressional approval Medicare and Medicaid spending on Alz- sovereignty over the land. The problem in- heimer’s will increase 500 percent. of any amendments to its territorial con- herent in this ambiguity is that a deed of stitution when Congress never expressly ap- My mother-in-law battled this disease, so I cession offers our people something less than appreciate how devastating it can be to pa- proved the territorial constitution to begin the sovereign status that a treaty would pro- with? Second, there are several provisions in tients and their loved ones. vide, and in fact the term deed implies own- our territorial constitution that would raise The bipartisan National Alzheimer’s Project ership of property rather than a sense of the serious constitutional issues that Congress Act (NAPA) was passed by Congress unani- rights and privileges of a sovereign people. has not yet addressed. In fact, it is question- mously. Another source of ambiguity related to able if Congress would approve such provi- NAPA called for the creation of a National these two treaties/deeds is that they were ne- sions in light of the U.S. Constitution. Un- Alzheimer’s Plan, which has resulted in some gotiated separately between the United fortunately, Congress has never fully exam- notable accomplishments. However, scientists States and each of the island groups. Be- ined the contradictions between these two cause these two instruments were two sepa- statutes. and researchers must have the necessary rate acts, by themselves they did not unite funds to carry out the blueprint set forth in the The question here is whether the terri- American Samoa into one political entity. torial constitution should be subject to con- Plan. Therefore, the fact remains that to this day, gressional or presidential authority. If the Congress provided an additional $100 mil- there is no officially declared political union authority is congressional, the 1929 law lion in Alzheimer’s research for fiscal year between the island groups of Tutuila and should be amended to rescind the authority 2014, yet we continue to underinvest. Manua, only separate understandings with delegated to the President; if the authority To address a disease of this magnitude, we the United States. is presidential, the 1984 law should be re- must further our commitment by increasing Furthermore, despite what others may scinded and the approval of changes to our funding for Alzheimer’s research by $200 mil- have said was the understanding in the past, constitution should be returned to the com- lion in fiscal year 2015. these treaties do not provide for the protec- plete authority of the President via the Sec- tion of the basic rights of American Samoas retary of the Interior. In either case, we have f people. While these two treaties have proven to face the fact that our present constitution HISTORICAL RECORD OF POLIT- instrumental in providing stability to the and our current measure of sovereignty are people of American Samoa for the past 106 nothing more than an extension of the presi- ICAL STATUS ISSUE IN AMER- years, the deeds do not cover many of the ICAN SAMOA dential power of the Secretary of the Inte- most basic issues of concern for our people, rior. such as citizenship, immigration, inter- As we discuss our possible options in our HON. ENI F.H. FALEOMAVAEGA national trade and commerce, national secu- quest for a greater measure of self-govern- OF AMERICAN SAMOA rity, marine and communal property rights, ment, where are we now in our relationship IN THE HOUSE OF REPRESENTATIVES or membership in international organiza- with the United States? American Samoa is tions, to name a few. Rather than being in- described as an unorganized and unincor- Tuesday, December 2, 2014 struments that express some vague obliga- porated territory of the United States. Mr. FALEOMAVAEGA. Mr. Speaker, I rise tion on the part of the United States to pro- American Samoa is considered unorganized today to include, for historical purposes, the tect our culture, I see these two treaties as because since 1929 Congress has not officially following information on the political status of asserting United States sovereignty over our organized a government for the separate islands and our lives. land kingdoms of Tutuila and Manua under American Samoa. While the Deeds of Cession still stand as one organic act. Our territory is unincor- [Press Release, Oct. 2, 2006] the basis upon which American Samoa can porated because, according to Supreme Court FALEOMAVAEGA TESTIFIES BEFORE POLITICAL claim a political relationship with the decisions regarding the constitutional rights STATUS COMMISSION United States, there is still some confusion of insular territories, Congress has never in- Congressman Faleomavaega announced even within the United States government as tended to incorporate American Samoa into today that he testified before the American to the effect of these two treaties. A review the Union.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.027 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1699 From 1900 to 1951, the U.S., through the To summarize, Faleomavaega said, what I Political Equality, or HOPE, on the celebration Department of the Navy, appointed military asked of the esteemed members of the Polit- of its twenty-fifth anniversary. On December 4, officers to govern the affairs of the islands. ical Status Study Commission is that, before 2014, HOPE will celebrate a quarter-century of According to the 1921 Codification of the they become too deeply involved in exam- Regulations and Orders of the Government of ining all possible future options, they focus success in championing the full participation of American Samoa, on May 1, 1900 Commander first on clarifying the original sources of au- Latinas in America’s democracy and economy. Benjamin Tilley, the first naval com- thority underpinning our current political HOPE’s efforts have benefited not just mandant of Tutuila and Manua, declared relationship with the United States, the two Latinas, but men and women of all back- that the Governor, for the time being, of Deeds of Cession, as a foundation for a uni- grounds throughout our nation. American Samoa is the head of the Govern- fied approach to determining our political A cross-section of Latinas from business, ment. For fifty-one years, this self-made reg- future. political, and social backgrounds came to- ulation governed American Samoas course The full text of the Treaties/Deeds of Ces- with one appointed Naval Governor after an- gether to found HOPE in 1989, the same year sion, in English and Samoan, as well as the the first Latina was elected to Congress. Since other acting as the maker of all laws and ap- 1929 and 1983 laws discussed in the Congress- pointments with little regard for the will of mans statement are available on Congress- that time, HOPE has been a valuable partner the people. During this period of martial law man Faleomavaega’s website at to Latinas who have pushed political limits, there were no elected leaders. www.house.gov/faleomavaega/histor- broken barriers, and defined what it means to With the transfer of power in 1951 to the ical.shtml be a leader. HOPE has directly served more Department of the Interior, American Samoa than 50,000 Latinas throughout the state of experienced little more than a transition [Press Release, May 24, 2007] from military to civilian rule. Civilian-ap- California, as well as millions more through pointed governors still had full authority FUTURE POLITICAL STATUS STUDY COMMISSION advocacy efforts. HOPE’s achievements in- over island affairs. In the 1960s a territorial REPORT NOW AVAILABLE ONLINE clude: constitution was drafted and there began to Congressman Faleomavaega announced The HOPE Leadership Institute (HLI), Cali- be some involvement from the Samoan Leg- today that a copy of the Future Political fornia’s only statewide leadership program islature. One unintended consequence of the Status Study Commission Report is now specifically designed to train Latina leaders in law passed in 1984 requiring Congressional available online for the public and particu- vital leadership and advocacy skills. More than approval of amendments to the American larly members of the Samoan community all Samoa constitution is that, whereas between around the world to read. ninety percent of HLI alumnae have attained 1960 and 1984 our local leaders had extensive ‘‘Many people in our Samoan community, leadership positions in their careers or com- practice at constitution-writing, after the especially those residing outside of Amer- munities, and thirty percent have gone on to law was passed this practice ceased. To date, ican Samoa, have contacted my office to reserve on a local or statewide commission. the final steps toward some measure of self- quest copies of or to find out how to obtain The HOPE Youth Leadership Program government were taken when in 1977 the first a copy of the Future Political Status Study (HYLP), which has prepared hundreds of low- Governor was elected by popular vote and in Commission Report,’’ Faleomavaega said. 1980 when American Samoa elected its first income Latina high school students for col- ‘‘So, I am pleased to inform everyone that a lege, and trained them in civic participation. Delegate to the U.S. Congress. copy of the report is now available online on Given this background and history of our my website and on the American Samoa Eighty-seven percent of HYLP participants political relationship with the United States, Governor’s website for anyone to read.’’ have enrolled in college after graduation. Faleomavaega offered the following rec- ‘‘I want to congratulate and thank The HOPE’s Latina Action Day and Latina His- ommendations. First, Tutuila and Manua Honorable Tufele Li’amatua—Chairman, The tory Day, which inspire and empower over must officially declare a union as one polit- Honorable Tuaolo Fruean—Vice Chairman, ical entity or governing body, thereby sanc- 1,300 attendees each year to succeed and High Talking Chief Fofo Sunia—Executive tioning its authority to deal with the United take responsibility to ensure the prosperity of Director, and all the Commissioners and States as we negotiate our future status. their communities. staff of the Future Political Status Study This would address one of the major short- Mr. Speaker, it is with great pleasure and Commission for the tremendous work they comings of the separately negotiated Deeds did in completing this report.’’ pride that I salute HOPE, its Board, and its of Cession. ‘‘Now that we have the report, everyone supporters. They have played a vital role in in- Second, I would recommend that a na- spiring, empowering, and supporting so many tional convention be called to deliberate the concerned should take time to thoroughly specific provisions of the 1900 and 1904 Deeds review the Commission’s recommendations, of California’s leaders over the last twenty-five of Cession. As I mentioned, these Deeds do especially our Fono and the Administration. years. California, and the entire United States, not provide any real protection for our com- As I have stated before, I believe the next are stronger for their leadership. I wish HOPE munal lands and culture as our forefathers logical step in this important process is for continued success as it continues its mission intended. I believe we need to formulate a the Fono to conduct hearings to discuss the to ensure political and economic parity for different recommendations made by the statement of principles underlining our de- Latinas. sire to either amend certain provisions of the Commission. Only after such a careful review two deeds or establish an entirely new agree- and discussion I feel we should proceed to f ment with the United States. The provisions the next steps or implementation,’’ Faleomavaega concluded. CONGRATULATING CASSIDY of any such agreement should define our po- NUSSMAN FOR HONORABLE MEN- litical relationship with the United States, f whether it is a covenant status like the Com- TION SELECTION monwealth of the Northern Mariana Islands, PERSONAL EXPLANATION free association status like the Federated HON. PETE OLSON States of Micronesia, Palau, and the Mar- OF TEXAS shall Islands, commonwealth status like HON. JIM GERLACH Puerto Rico, or even an Organic Act such as OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES the one governing Guams relationship with IN THE HOUSE OF REPRESENTATIVES Tuesday, December 2, 2014 the United States. Tuesday, December 2, 2014 Third, once we have defined what Amer- Mr. OLSON. Mr. Speaker, I rise today to ican Samoas relationship should be with the Mr. GERLACH. Mr. Speaker, unfortunately, congratulate Cassidy Nussman for being United States under the terms of an agree- on December 1, 2014, I missed two recorded named an honorable mention selection on the ment that is agreeable to both sides, the votes on the House floor. Had I been present, Under Armour Girls High School All-America leadership of Samoa should then call a con- I would have voted YEA on Roll Call 532 and Team by the American Volleyball Coaches As- stitutional convention and organize a gov- sociation (AVCA). Nussman is a senior at ernment based upon the terms and condi- YEA on Roll Call 533. tions outlined in the agreement, not the U.S. f Pearland High School in Pearland, Texas. Constitution. Moreover, I believe this must This award recognizes Nussman’s outstanding be done as soon as possible the longer this RECOGNIZING THE TWENTY-FIFTH athletic achievements. uncertainty surrounding these two Deeds re- ANNIVERSARY OF HOPE She is among an elite group of high school mains, the further we drift from our fore- athletes, joining a list of 150 high school All- fathers treaty intentions and risk the ero- HON. LUCILLE ROYBAL-ALLARD American honorable mentions. After this sea- sion of our culture, of becoming less Samoan OF CALIFORNIA son, Nussman will go on to compete at the and more American or, in other words, highest level of intercollegiate athletics at Americans of Samoan ancestry. As it stands, IN THE HOUSE OF REPRESENTATIVES Northwestern University. we cannot claim loyalty to the United States Tuesday, December 2, 2014 and at the same time refuse to apply federal On behalf of the residents of the Twenty- standards that are incompatible with our Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Second Congressional District of Texas, con- local traditions and land-tenure system. today to commend Hispanas Organized for gratulations again to Cassidy Nussman for

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A02DE8.029 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1700 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 being selected as an honorable mention on approval of ASG’s Distribution Plan was for- decades of contributions to Texas commu- the Under Armour Girls High School All-Amer- warded to Faleomavaega’s office by the U.S. nities. Department of Treasury and follows: ica Team. We look forward to her continued Dear Governor Tulafono: Mr. Speaker, I ask you to please join me in success both on and off the court. Thank you for your letter of April 23, 2008, recognizing Dr. Jeri Pheifer’s dedicated serv- f submitting the Distribution Plan for the Re- ice to the Everman Independent School Dis- covery Rebates (the Plan) in American trict and the State of Texas. HISTORICAL RECORD OF U.S. Samoa. The Economic Stimulus Act of 2008, TREASURY $20.4 MILLION STIM- P.L. 110–185 (the Act), requires that I approve ULUS PAYOUT TO QUALIFYING American Samoa’s plan for distributing f RESIDENTS IN AMERICAN SAMOA stimulus payments to residents of American Samoa. The Act also requires that once such IN RECOGNITION OF ALLAN a plan is approved, the Treasury Department ALIFANO HON. ENI F.H. FALEOMAVAEGA make a payment to American Samoa in an OF AMERICAN SAMOA amount estimated as being equal to the ag- IN THE HOUSE OF REPRESENTATIVES gregate benefits that would have been pro- HON. JACKIE SPEIER Tuesday, December 2, 2014 vided to residents of American Samoa by reason of the amendments made to the Inter- OF CALIFORNIA Mr. FALEOMAVAEGA. Mr. Speaker, I rise nal Revenue Code by section 101(c) of the Act today to include, for historical purposes, infor- if a ‘‘mirror code’’ tax system had been in ef- IN THE HOUSE OF REPRESENTATIVES fect in American Samoa. mation about the U.S. Treasury’s $20.4 million Tuesday, December 2, 2014 stimulus payout to qualifying residents in In accordance with the Act, I approve the American Samoa. Plan, a copy of which is enclosed. Also, we have estimated the aggregate benefits that Ms. SPEIER. Mr. Speaker, I rise to honor [Press Release, Apr. 28, 2008] would have been provided to residents of Allan Alifano, a retiring member of the Half U.S. TREASURY SENDING $20.4 MILLION TO American Samoa by reason of section 101(c) Moon Bay City Council. Allan Alifano has ASG TO PAY OUT ECONOMIC STIMULUS PAY- of the Act if a mirror code tax system had served the people of Half Moon Bay with dis- MENTS TO QUALIFYING RESIDENTS been in effect in American Samoa at $20.4 tinction through eight years on the city’s plan- Congressman Faleomavaega announced million. A payment in this amount will be ning commission and since 2009 on the city today that the American Samoa Government made by the Treasury Department to Amer- council. will receive $20.4 million from the U.S. De- ican Samoa to fund the prompt distribution partment of Treasury to be paid out to quali- of stimulus payments to resident of Amer- Councilman Alifano has also served his fying residents as part of the Economic ican Samoa pursuant to the Plan. community through countless meetings of the Stimulus Package that was signed into law Sincerely, Local Agency Formation Commission and as a Henry M. Paulson, Jr. to jumpstart the economy. member of the local wastewater treatment Faleomavaega and Congresswoman Mad- f eleine Bordallo urged the Leadership of the board. While on the board during our period of House and Senate to include the Territories RECOGNIZING THE PUBLIC intense drought, he supported recycling water in the stimulus package and make child tax SERVICE OF DR. JERI PHEIFER from the treatment plant to meet local land- credits and tax rebates available to quali- scaping and golf course requirements. fying residents. The Members were success- HON. MARC A. VEASEY ful in their efforts and, prior to the bill being During his time on the council, Half Moon OF TEXAS signed into law, in a letter dated January 29, Bay underwent tremendous challenges includ- 2008, Faleomavaega informed Governor IN THE HOUSE OF REPRESENTATIVES ing the historic recession and consequent re- Togiola and the Fono that, for American Tuesday, December 2, 2014 ductions in sales tax receipts, as well as a Samoa, the U.S. Treasury would send a Mr. VEASEY. Mr. Speaker, I rise today to legal judgment involving land use decisions. check of an estimated amount and ASG must recognize the honorable public service of Dr. The combined impact of these events placed have a plan approved promptly to disburse the city’s finances in great peril. Councilman the money quickly. Jeri Pheifer as she retires from her position as In a joint letter dated February 15, 2008 to Superintendent of the Everman Independent Alifano was committed to seeing his commu- Secretary Henry M. Paulson of the Depart- School District. nity pull through despite the odds. Ultimately, ment of Treasury, Faleomavaega along with Dr. Pheifer was appointed Superintendent of Half Moon Bay emerged with essential serv- Congresswoman Madeleine Bordallo, Con- Schools in 2004, after serving the Venus and ices intact and a renewed commitment to gresswoman Donna Christensen, and Resi- Albany Independent School Districts. Under community betterment. dent Commissioner Luis Fortuno also urged her tenure with Everman Schools, the district Councilman Alifano is the proud owner of the Secretary to implement an arrangement has thrived and provided quality education for that will provide for the funds to be trans- Alifano Technologies in Half Moon Bay. ferred in advance of the actual payouts of the thousands of children who attend class Among many offerings, it specializes in com- the rebates. each day. Most notably, under Dr. Pheifer’s puter support, complex IT design and cus- ‘‘Today, Secretary Paulson has honored leadership the Everman Joe C. Bean High tomer service through the provision of needed our request and I thank him for informing School Graduation Class of 2013 achieved a supplies. The company is a prominent busi- my office that he has accepted ASG’s plan one hundred percent graduation rate. Her tire- for distributing stimulus payments to resi- ness on Main Street, a location that dem- less work to improve and strengthen Everman onstrates the commitment of Councilman dents of American Samoa, and that ASG will schools has not gone unnoticed. Earlier this receive a check for $20.4 million in order to Alifano and his family to Half Moon Bay’s his- payout tax rebates and child tax credits to year Dr. Pheifer worked with Tarrant County toric business district. Alifano Technologies is those who qualify,’’ Faleomavaega said. College to open its newest Early College High also philanthropic, with the proceeds of e- ‘‘This payment is in accordance of the Eco- School. Partnerships like these work to pro- waste recycling going towards the Boys and nomic Stimulus Act of 2008 that was signed vide students, who likely would not otherwise Girls Club of the Coastside. by the President on February 13, 2008.’’ consider attending college, an opportunity to ‘‘The stimulus package was easily passed earn a high school diploma and an associate’s Mr. Speaker, serving on a city council is a by both the House and Senate and I, again, degree at the same time. challenging form of public service. Neighbors thank Chairman Charles Rangel of the House Over the past 35 years, Dr. Pheifer has may have your phone number or buttonhole Committee on Ways and Means and Chair- worked tirelessly in the field of education. She you in the store. You are privy to the most op- man Max Baucus of the Senate Finance Com- timistic projections about the future of your mittee for supporting our request to include has served as a teacher and administrator for the territories in the Economic Stimulus Act public and private schools, serving students town, and to some of the biggest challenges of 2008.’’ from pre-Kindergarten through the university to continued prosperity. Allan Alifano handled ‘‘I also commend Governor Togiola and our level. These positions exemplify Dr. Pheifer’s his responsibilities with aplomb, enthusiasm local Tax Office for acting quickly and sub- dedication to not only the community she cur- and decisiveness. Half Moon Bay is a better mitting a plan that has been approved by the rently serves, but to the State of Texas and its community because he offered his services on U.S. Treasury. I am especially pleased that citizens. Dr. Pheifer received her Bachelor of behalf of its future. Please join me in con- the people of American Samoa will benefit gratulating Allan Alifano on his service to the from these rebates which will help bolster Arts and Master of Education degrees from our local economy,’’ Faleomavaega con- Abilene Christian University and her Doctor of outstanding community of Half Moon Bay as cluded. Education degree from Texas Tech University. he returns to private life in a city that was The full text of Secretary Paulson’s letter It is an honor to recognize Dr. Pheifer on guided by his hopes for its future and by his of April 28 informing Governor Togiola of the the occasion of her retirement from over three service to all.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.033 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1701 CELEBRATING THE LIFE OF HAR- earn over 150 Distinguished Flying Crosses Senator Akaka continued by saying, ‘‘I do LEM’S TUSKEGEE AIRMAN JO- for their achievements. With over 200 combat not have a question, Mr. Chairman, but a SEPH HERMAN SPOONER missions the Tuskegee Airmen did not lose a comment as someone who is very familiar with the challenges of transportation and single bomber. They did everything in their communications out in the Pacific. This bill HON. CHARLES B. RANGEL power to protect and shield the bombers. would resolve a long-standing problem in OF NEW YORK As American history has now recognized electing the Delegate from American Samoa: IN THE HOUSE OF REPRESENTATIVES the heroism and amazing exploits and air bat- How to conduct a run-off election in just 14 tles that took place in the skies over Europe days in a territory with a very large number Tuesday, December 2, 2014 by the 99th Fighter Squadron/332 Fighter of absentee voters and only two regular Mr. RANGEL. Mr. Speaker, I rise today to Group, Joe as Armorer may have had the flights from the U.S. each week? This bill celebrate the life of Tuskegee Airman Joseph most important role by which he was respon- would provide for election of the Delegate by a plurality vote. Or, if the local government Herman Spooner, a life-long resident of the sible for loading the fighter planes with ammu- Village of Harlem. As noted by the family: On wants, by a majority vote following a pri- nition. In 2006, I introduced legislation to mary election. It would resolve a long-stand- September 11th, 2014, America surrendered a honor the Tuskegee Airmen with the Congres- ing problem.’’ living legend to the annals of Black American sional Gold Medal. In March of 2007, Chairman Craig thanked Senator Akaka history. Inextricably intertwined to the impor- Tuskegee Airman Joseph Herman Spooner re- for his opening comments and I also thank tance of this day ‘‘September 11th’’ in Amer- ceived the Congressional Gold Medal of Senator Akaka for being at today’s hearing. ican history, a Tuskegee Airman at 94 years Honor from President George W. Bush Although I was invited to testify before the old, has passed over. Great men, like our beloved Tuskegee Air- Senate Subcommittee, I thought it was September 11 reminds all of us every year equally important to attend Flag Day cele- man Joseph Herman Spooner are temporary brations being held in American Samoa to that ‘freedom is not free’ and the strength of gifts we have in this world, but their accom- recognize Manua’s 100 year relationship with our nation depends on men and women, such plishments and achievements are far remem- the United States, Congressman as Joe Spooner, a decorated World War II bered and forever lasting. Mr. Speaker, I ask Faleomavaega said. This celebration is an original member of the 99th Fighter Squadron/ my distinguished colleagues to join me in cele- historic event and I am pleased to be with 332 Fighter Group stationed out of Tuskegee, brating the life of Tuskegee Airman Joseph the people on this important occasion and, Alabama. Herman Spooner. again, I am pleased that Chairman Craig recognized the importance of Flag Day and in- Joseph Spooner was born on October 30th, f 1919 to Joseph and Georgianna Spooner. Jo- cluded my written testimony in the Com- HISTORICAL RECORD OF SENATE mittee records. seph was hilarious and loved to play jokes on I am also pleased to welcome the MV Sili people. He was high spirited and the life of the AND HOUSE HEARINGS ON to Manua. It is most fitting for our new ves- party. He had 6 children and three generations FALEOMAVAEGA’S BILL TO PRO- sel to arrive from Louisiana just in time to of grandchildren. He attended PS 179 Ele- TECT VOTING RIGHTS OF AMER- commemorate Manuas history and to honor mentary School, PS 165 Robert E. Simon, and ICAN SAMOA’S ACTIVE DUTY our traditional leaders and chiefs, past and graduated from Dewitt Clinton High School in SERVICE MEMBERS AND OVER- present. The arrival of this vessel has been which he excelled in academics and athletics. SEAS VOTERS more than a year in the making and I am He loved to play and watch sports. In his early grateful to our friends in the House and Sen- ate who supported our efforts to set aside years, he played Semi-Pro Basketball on a HON. ENI F.H. FALEOMAVAEGA funding for this vessel. team called the Columbians. OF AMERICAN SAMOA When Republicans in the Senate wanted to At the time he was drafted Joseph Spooner IN THE HOUSE OF REPRESENTATIVES cut funding for the Territories from the Tax was a freshman at The City College of New Act of 2003, Democratic Senator Benjamin York. Having played with the likes of Negro Tuesday, December 2, 2014 Nelson from Nebraska fought hard to help us Basketball League legend John Issacs and Mr. FALEOMAVAEGA. Mr. Speaker, I rise keep our funding in place. Later, Republican ‘‘Pop’’ Gates of the original Harlem Globe- today to include, for historical purposes, infor- Chairman Bill Thomas of the House Ways trotters he made his family proud qualifying to and Means Committee sent me a letter say- mation on Senate and House hearings on a ing that he was pleased he could assist me in pursue a college education during such a ra- bill to protect the voting rights of American Sa- this effort. cially charged and segregated time period. moa’s active duty service members and over- Because we were successful in including America in the 1940’s, was unforgiving for seas voters. the Territories, American Samoa received people of color, it was an impossible dream [Press Release, July 14, 2004] more than $10 million from the Tax Act of 2003 and I am grateful that Senator John come true, yet a dream deferred. Joseph SENATE HOLDS HEARING ON FALEOMAVAEGA Breaux of Louisiana and Ranking Member Spooner left college, abandoning a basketball BILL TO PROTECT VOTING RIGHTS OF ACTIVE Charles Rangel of the House Committee on scholarship to serve his country. DUTY SERVICE MEMBERS AND OVERSEAS Ways and Means stood with me in estab- VOTERS Joe enlisted into service in 1942, and in lishing Congressional intent on how these 1943 this Black American hero was commis- Congressman Faleomavaega announced funds should be spent, Congressman sioned for duty with the Tuskegee Airmen. On today that the Senate Energy and Natural Faleomavaega said. April 1943, the 99th Fighter Squadron in their Resources Subcommittee on Public Lands I am also pleased that Governor Togiola P–47 Thunderbolt fighters went into combat and Forests held a hearing on H.R. 2010, a stood with me and agreed that $5 million bound for North Africa, where it would join the bill he introduced to protect the voting should be set aside for the purchase of a new rights of active duty service members and vessel for Manua. I am also thankful that 33rd Fighter Group and its commander, Colo- overseas voters whose home of residence is nel William W. Momyer. Given little guidance Senator Breaux put us in touch with one of American Samoa. the best shipyards in the world located in from battle-experienced pilots, the 99th’s first At this time, I want to thank Chairman Louisiana and then personally made sure combat mission was to attack the small stra- Larry Craig and Ranking Member Ron that American Samoa was receiving one of tegic volcanic island of Pantelleria in the Medi- Wyden for holding this hearing and for enter- the best vessels Louisiana had to offer at a terranean Sea to clear the sea lanes for the ing the full text of my statement into the cost of $4 million. I consider Senator Breaux Allied invasion of Sicily in July 1943. The air record, Congressman Faleomavaega said. I a good friend and I can say with certainty assault on the island began on 30 May 1943. also want to thank Senator Daniel Akaka that he is also a friend of American Samoa. who is a senior member of both the Energy The 99th flew its first combat mission on June This year, we have much to be thankful for Committee and the Subcommittee on Public including this historic legislation which is 2, 1943. The surrender of the garrison of Lands. Senator Akaka was instrumental in moving through Congress to protect the vot- 11,121 Italians and 78 Germans due to air at- getting this hearing held and I thank him for ing rights of our active duty service mem- tack was the first of its kind. his support and kind words. bers and our college students and other over- The 99th moved on to Sicily and received a At today’s hearing, Senator Akaka said, seas voters. H.R. 2010 is a bipartisan bill Distinguished Unit Citation for its performance ‘‘H.R. 2010 was introduced by my good friend, which is supported by Republican Chairman in combat led by Col. Benjamin O. Davis, Jr., Eni Faleomavaega, a senior member of the Richard Pombo and Ranking Democratic Commander of the Tuskegee Airmen 332nd House who couldn’t testify himself because Member Nick Rahall of the House Com- of the centennial celebration for the islands mittee on Resources, Faleomavaega said. Fighter Group. Though subject to racial dis- of Manua. On this occasion, I d like to send On May 5, 2004, the House Committee on crimination, both at home and abroad, the 996 the people of American Samoa our best wish- Resources passed this bill by unanimous con- pilots and more than 15,000 ground personnel es as they celebrate the 100th anniversary sent. On June 14, 2004, a Republican con- who served with the all-black units would be since the stars and stripes were first raised trolled House passed H.R. 2010 without objec- credited with some 15,500 combat sorties and by their traditional chiefs.’’ tion. I am pleased that the Senate is now

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.037 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1702 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 considering H.R. 2010 and I would like to stitute for purposes of changing the effective form provides that when American Samoa note for the record that on October 29, 2003 date of this bill from January 2004 to Janu- devises a system for primary elections for the House Committee on Resources also held ary 2006. This amendment was unanimously election of our Congressman, the U.S. Con- a hearing on this bill. On behalf of the U.S. supported at mark-up by the House Re- gress will amend the section to restore the Department of the Interior, Mr. David sources Committee and, as such, any change election of the Congressman by majority Cohen, the Assistant Secretary for Insular in law will not go into effect until the 2006 vote. 2) Currently there is no other way to Affairs, was invited to testify but declined election cycle, Faleomavaega said. maximize the participation of American Sa- citing that this was a local issue. As I have repeatedly stated, H.R. 2010 in no moan residents serving in the U.S. Armed Locally, H.R. 2010 is supported by the Gov- way affects how the American Samoa Gov- Forces and those attending college, as well ernor of American Samoa, the President of ernment chooses to elect its local leaders as their families, to fully participate in the the Senate, the Speaker of the House, and and, having made every change requested of election of our Congressional Delegate. 85% of those surveyed in American Samoa me by our local leaders and after years of As I have said before, H.R. 2010 is a good agree that overseas voters and active duty good-faith efforts on my part, I believe the compromise and includes the suggestions of service members should have the right to time has come to do right by our overseas our local leaders. H.R. 2010 provides for both vote in federal elections held in the Terri- voters and men and women in the military. plurality and majority voting. It also clearly tory, Faleomavaega said. Our sons and daughters have fought and died authorizes the Fono to establish primary Given that Assistant Secretary Cohen ac- to preserve our freedoms and I will do every- elections, if it so chooses, Congressman cepted todays invitation to testify before the thing I can to protect their right to vote. Faleomavaega said. Senate Subcommittee on Public Lands and Again, I thank the Chairman and Ranking I am pleased that the Governor, the Lieu- Forests, I am pleased that his testimony was Member of the Senate Subcommittee on tenant Governor, and the President of the supportive. Two weeks ago, when the Senate Public Lands and Forests for holding this Senate are now fully supportive of this bill. first informed me that H.R. 2010 would be historic hearing on H.R. 2010 and I am hope- I thank them for their support and I also considered today, I called Mr. Cohen to dis- ful that they will support its successful pas- thank Chairman Pombo and Ranking Mem- cuss the bill and determine where the De- sage. In a dramatic moment before the hear- ber Nick Rahall of the House Resources Com- partment of Interior stood on the issue. As- ing came to a close, Senator Akaka said, ‘‘As mittee for holding a hearing on this bill. sistant Secretary Cohen and I came to an un- a person from the Pacific, I want to make a Finally, I want to thank our college stu- derstanding prior to the hearing and I thank final comment about H.R. 2010.’’ dents and our men and women serving in the him for his support. Chairman Craig granted the Senators re- U.S. Armed Forces. We are living in difficult While the Assistant Secretary focused his quest and Senator Akaka said, ‘‘As you times and we must work together to make a comments on the will of the people, when know, Mr. Cohen, H.R. 2010 will resolve a difference for generations to come, the Con- asked by Chairman Craig how he believed long standing problem made worse by the gressman concluded. the will of the people should be determined, current conflict in the Middle East where Mr. Cohen said he believed the Committee many American Samoans are now serving. f should rely on the statements which I in- Those Americans are fighting for democracy HONORING MRS. DEBORAH MOORE cluded in the Record. As I have said on many and I speak out in support of this bill. Mr. occasions, this matter has been before the Chairman, I believe we should act quickly to people and the local leaders of American pass this bill so that those men and women HON. BENNIE G. THOMPSON Samoa for the past six years. will have the opportunity to vote to help se- OF MISSISSIPPI Since 1998, I have written to our Gov- lect their representative to the U.S. House of IN THE HOUSE OF REPRESENTATIVES ernors, past and present. I have written and Representatives.’’ testified before our local Legislature and I Like Senator Akaka, I also believe the Tuesday, December 2, 2014 have also included copies of my testimony, Senate should act on this bill and I thank Mr. THOMPSON of Mississippi. Mr. Speak- my letters, and local responses in the House my dear friend Senator Akaka for standing and Senate Committee records. These enclo- with the people of American Samoa on this er, I rise today to honor a remarkable Unsung sures now on file with the Committees are important issue. I also thank our men and Hero in Cleveland, Mississippi. more than 70 pages in length. Included in the women from American Samoa who are serv- Deborah Moore is the Associate Vice Presi- record is Governor Togiola’s support of H.R. ing on active duty at a time when our nation dent of Community Relations at Delta Health 2010. is at war. I wish them the very best and I Alliance. Mrs. Moore is assigned to the Once more, I want to commend Governor pray for their safe return, the Congressman Indianola Promise Community where she pro- Togiola for supporting this bill as we have concluded. always agreed that our military men and vides administrative oversight and technical assistance to the community and organiza- women should have the right to vote espe- [Press Release, Oct. 31, 2003] cially when they contribute almost a million tions. Mrs. Moore worked one year as Project RESOURCES COMMITTEE HOLDS HEARING ON dollars per year in taxes to our local govern- Manager IV at Delta Health Alliance before ELECTION BILL, LIEUTENANT GOVERNOR TES- ment. I also thank the President of the being promoted to Assistant Vice President TIFIES American Samoa Senate, the Honorable and then to Associate Vice President. Lutu Tenari S. Fuimaono, and Speaker Congressman Faleomavaega announced today that on Wednesday October 29, 2003 the Mrs. Moore is a retiree from the state of Matagi Ray McMoore for their support, Mississippi where she served 27 years in Faleomavaega said. House Committee on Resources held a hear- H.R. 2010 is an historic bill. It is a bill that ing on H.R. 2010, a bill he introduced to pro- community and economic development. She immediately restores the voting rights of tect the voting rights of military men and spent the last 12 years of her career before our overseas voters and active duty military women whose home of record is American coming to Delta Health Alliance at Delta State members. It is also a bill that makes clear in Samoa. University’s Center for Community and Eco- no uncertain terms that the American Governor Togiola asked the Lieutenant nomic Development in Cleveland, MS where Samoa Legislature is vested with the author- Governor to testify in support of the bill and she served as AmeriCorps director for two I am pleased by the outcome, Congressman ity it needs to establish primary elections programs and then as director of the Center for the office of the Delegate, if it so chooses. Faleomavaega. At this time, we are in full H.R. 2010 also protects American Samoa’s agreement that H.R. 2010 is the right thing for Community and Economic Development future in the U.S. Congress. Without H.R. to do. Like 85% of those surveyed in Amer- the last five years. In her role as director of 2010, future Delegates could miss out on key ican Samoa, we believe that our active duty the Center for Community and Economic De- committee assignments as a result of de- service members should be afforded the same velopment she assisted grass-root commu- layed outcomes and run-off elections. Like rights and privileges as every other man and nities by empowering individuals, strength- Governor Togiola, I do not believe American woman serving in the U.S. Armed Forces. ening relationships and developing projects Samoa’s future should be weakened or dis- Our service members and college students and programs to strengthen communities. deserve the right to vote and we believe it is advantaged and this is one more reason I ap- Moore has extensive work with proposal writ- preciate his support of H.R. 2010. our duty to protect their rights. Given the importance and urgency of this I am also pleased that Senator Fuimaono, ing having secured grants in excess of bill, I thank the members of the House Re- President of the Senate, has also agreed to $15,000,000.00. sources Committee, both Democrats and Re- support our efforts. On October 27, 2003, he Mrs. Moore is a member of several nonprofit publicans, who unanimously voted in favor sent me a letter stating his full support for boards, the Mississippi Center for Nonprofits, of this bill. H.R. 2010 is the right thing to do H.R. 2010 and wishing Chairman Pombo the Cleveland Youth Council and Friends of the and, as a Vietnam veteran, I will not rest best of luck in moving the bill forward. Environment. She currently serves as chair of In a statement submitted to the Com- until we fully guarantee that our active duty the board for the Delta Fresh Foods Initiative. service members have the right to vote in mittee, Governor Togiola stated that al- federal elections held in American Samoa. though I had previously expressed misgivings Moore serves in an advisory capacity for the To alleviate any concerns that I will per- about the bill, after further review, I have Breast Education-Early Detection Project and sonally benefit from this legislation, I of- come to support the measure for the fol- the School-based Asthma Management fered an amendment in the nature of a sub- lowing reasons: 1) The bill in its current Project at Delta State University. She also

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A02DE8.038 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 2, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1703 serves on the advisory board of the Excel By mation on the passage of a bill to protect the elect its local leaders. Furthermore, this 5 program in Cleveland, MS and is a member voting rights of American Samoa’s active duty matter is not new to the people or the Legis- of the Excel By 5 Coalition in Indianola, MS. service members and overseas voters. lature of American Samoa. The truth is this matter has been before the people and our Mrs. Moore works tirelessly in assisting: the [Press Release, Oct. 11, 2004] local leaders for the past five years. Since elderly by running errands and doing other SENATE PASSES FALEOMAVAEGA’S BILL TO 1998, I have written to our Governors, past tasks they may desire; mentoring youth in di- PROTECT VOTING RIGHTS OF AMERICAN SA- and present. I have written and testified be- verse subject areas, so they can become an MOA’S ACTIVE DUTY SERVICE MEMBERS; fore our local Legislature and I have brought asset to society and work faithful with her hus- PRESIDENT BUSH EXPECTED TO SIGN BILL this matter to the attention of our people INTO LAW WITHIN 30 DAYS band’s ministry to enhance congregants both through press releases, newsletters, radio spiritually and naturally. Congressman Faleomavaega announced and tv programs. In 2001, I also conducted a today that on Wednesday September 15, 2004 Mrs. Moore is a native of Cleveland, MS. Congressional survey and 85% of those sur- the Senate Committee on Energy and Nat- veyed agreed that American Samoas active She is a graduate of Delta State University ural Resources passed, by unanimous con- with a B.B.A. degree and a M.B.A. degree. duty service members should be afforded the sent, H.R. 2010, a bill he introduced to allow same rights and privileges as every other She has a certification as an Economic Devel- military and overseas voters to participate American serving in the U.S. Armed Forces. opment Finance Professional from the Na- in federal elections held in American Samoa. tional Development Council (NDC) and re- On the evening of Sunday October 10, 2004, Having made every change requested of me by our local leaders and after years of good- ceived her PhD from the University of South- the United States Senate also unanimously faith efforts on my part, I am pleased that ern Mississippi in Human Capital Develop- passed H.R. 2010 and the bill has now been sent to President George W. Bush who is ex- once the President signs H.R. 2010 into law ment. pected to sign Faleomavaega’s bill into law our military men and women and college Mrs. Moore is married to Dr. Billy Moore within the next thirty days. students will have the right to vote in fed- and they are the proud parents of two daugh- First and foremost, I want to thank Amer- eral elections held in American Samoa and ters, A’ndrea and Alicia. ican Samoa’s military men and women who will no longer be disenfranchised from the Mr. Speaker, I ask my colleagues to join me are proudly serving our country at a time process as a result of Public Law 95–556 in recognizing Mrs. Deborah Moore, an amaz- when our nation is at war, the Congressman which was passed on October 31, 1978, ing Unsung Hero, for her dedication and serv- said. American Samoa’s sons and daughters Faleomavaega said. Federal, or PL 95–556, re- ice to mankind. have fought and died for the right to vote quires a runoff election to be held only 14 and, as a Vietnam Veteran, I promised I days after the general election. As Governor f would do everything I could to make sure Togiola said, this creates a situation where CONGRATULATING MEMORIAL our military men and women could fully par- it is virtually impossible for American Sa- ticipate in federal elections held in Amer- moas Election Office to send out absentee HERMANN LIFE FLIGHT ican Samoa. ballots to the men and women in the mili- This is why I introduced H.R. 2010 and why tary and expect to receive them back in time HON. PETE OLSON I am thankful that this bill has enjoyed the for those votes to be counted in a run-off full support of Republicans and Democrats in OF TEXAS election. In other words, this is an injustice the House and Senate. For the record, it that has been made worse by the current IN THE HOUSE OF REPRESENTATIVES should be noted that not one Republican or conflict in the Middle East where many Tuesday, December 2, 2014 Democrat in the House or Senate objected to American Samoans are now serving and H.R. 2010 and I am thankful to my colleagues fighting for democracy. Mr. OLSON. Mr. Speaker, I rise to congratu- for their support. late Memorial Hermann Life Flight for being No matter what is said, Congress is not H.R. 2010 corrects the injustice and, for named the 2014 EMS Air Medical Service of about who is in the Majority. Congress is this reason, I am thankful that the U.S. Sen- the Year by the Texas Department of State about seniority, friendship, and influence. It ate, the U.S. House of Representatives, Gov- takes both Republicans and Democrats to ernor Togiola, the late Senate President Health Services. This award recognizes Me- Fuimaono, Speaker McMoore, and 85% of morial Hermann Texas Trauma Institute’s get the job done and it also takes the support of our local leaders, Faleomavaega said. those surveyed in American Samoa agreed commitment to excellence in providing emer- This is why I commend Governor Togiola, with me that some measure should be put in gency care to critically ill and injured patients. the late Senate President Lutu T. Fuimaono, place to assure that the votes of our military Life Flight, Houston’s only hospital-based air and Speaker McMoore who also stood in sup- men and women are counted in federal elec- medical service, operates 24 hours a day, port of H.R. 2010. tions held in American Samoa, seven days a week and performs more than I also commend the people of American Faleomavaega said. I am also thankful that 3,000 life-saving missions each year. Since Samoa, the Congressman continued. Of those Senator Akaka, a senior Member of the Sen- Memorial Hermann began its air medical pro- surveyed, more than 85% agreed that our ac- ate Committee on Energy and Natural Re- tive duty military members deserve the sources, spoke out in support of H.R. 2010 and gram, it has completed more than 140,000 right to vote and, as a result of your support urged the Senate to act quickly to pass this missions. Life Flight continually adds new in- and prayers, H.R. 2010 has now passed the bill so that American Samoas military men flight medical innovations into its quick trans- House and Senate and has been sent to the and women will have the opportunity to vote port system to provide better care for the fast- President of the United States who is also to help select their representative to the US. growing Houston community. expected to fully support this bill. Once House of Representatives. Thanks to the Memorial Hermann Texas signed, H.R. 2010 will become effective in Simply put, H.R. 2010 is the right thing to Trauma Institute for their tireless work in en- 2006. Again, H.R. 2010 is an historic bill. It is do and, to alleviate any concerns that I will suring our community’s health and safety. On a bill that restores the voting rights of our personally benefit from this legislation, I college students and active duty military would like to reiterate that I offered an behalf of the residents of the Twenty-Second members and makes clear in no uncertain Congressional District of Texas, congratula- amendment in the nature of a substitute for terms that the American Samoa Legislature purposes of changing the effective date of tions again to Memorial Hermann for being is vested with the authority it needs to es- honored with the 2014 EMS Air Medical Serv- this bill from January 2004 to January 2006. tablish primary elections for the office of the This amendment was unanimously supported ice of the Year Award. Delegate, if it so chooses. at mark-up by the House Resources Com- While my opponents continue to call this a f mittee and, as such, any change in law will plurality bill, nothing could be further from not go into effect until the 2006 election the truth, Faleomavaega said. Those who un- HISTORICAL RECORD ON PASSAGE cycle. OF FALEOMAVAEGA’S BILL TO derstand this bill know that this bill in- PROTECT VOTING RIGHTS OF cludes both plurality and majority voting. If, At this time, I thank Chairman Pete Domenici and Ranking Member Jeff Binga- AMERICAN SAMOA’S ACTIVE for example, the American Samoa Legisla- ture establishes primary elections, the gen- man of the Senate Committee on Energy and DUTY SERVICE MEMBERS AND eral election for the office of the Delegate Natural Resources for supporting H.R. 2010. I OVERSEAS VOTERS will be by majority. If the American Samoa also thank our Commander in Chief, Presi- Legislature fails to establish primary elec- dent George W. Bush, who I am confident HON. ENI F.H. FALEOMAVAEGA tions, the general election for the office of will soon sign H.R. 2010 into law. Above all, the Delegate will be by plurality. Either I thank our military men and women from OF AMERICAN SAMOA way, our military men and women and col- American Samoa who are fighting for de- IN THE HOUSE OF REPRESENTATIVES lege students will have the right to vote for mocracy so that you and I and future genera- Tuesday, December 2, 2014 their Representative to the United States tions may live in peace. As a Vietnam vet- House of Representatives. eran, I wish them the very best and, as al- Mr. FALEOMAVAEGA. Mr. Speaker, I rise Also, H.R. 2010 in no way affects how the ways, I pray for their safe return, the Con- today to include, for historical purposes, infor- American Samoa Government chooses to gressman concluded.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A02DE8.040 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1704 CONGRESSIONAL RECORD — Extensions of Remarks December 2, 2014 [Press Release, Oct. 30, 2004] United States House of Representatives, Again, I thank Senator Akaka, Chairman PRESIDENT BUSH SIGNS FALEOMAVAEGA’S BILL Faleomavaega said. Pete Domenici and Ranking Member Jeff AND AGREES THAT AMERICAN SAMOA’S Also, H.R. 2010 in no way affects how the Bingaman of the Senate Committee on En- TROOPS SHOULD HAVE THE RIGHT TO VOTE American Samoa Government chooses to ergy and Natural Resources for supporting elect its local leaders and this matter is not Congressman Faleomavaega announced H.R. 2010. I also thank Chairman Richard new to the people or the Legislature of today that on the evening of October 30, 2004 Pombo and Ranking Member Nick Rahall of American Samoa. The truth is this matter President Bush signed into law H.R. 2010, a the House Committee on Resources for their has been before the people and our local lead- support. Above all, I thank our military men bill he introduced to restore the voting ers for the past five years. Since 1998, I have rights of American Samoa’s troops and col- and women from American Samoa who are written to our Governors, past and present. I fighting for democracy so that you and I and lege students. have written and testified before our local I made a promise that I would not rest future generations may live in peace. As a Legislature and I have brought this matter Vietnam veteran, I wish them the very best until American Samoa’s active duty mili- to the attention of our people through press tary men and women and other overseas vot- and, as always, I pray for their safe return, releases, newsletters, radio and tv programs. the Congressman concluded. ers had the right to vote in federal elections In 2001, I also conducted a Congressional sur- held in our Territory, Congressman vey and 85% of those surveyed agreed that Faleomavaega said. And, today, I thank the American Samoa’s active duty service mem- f President of the United States for signing bers should be afforded the same rights and my bill and supporting our troops. privileges as every other American serving PERSONAL EXPLANATION American Samoa’s military men and in the U.S. Armed Forces. women have put their lives on the line time Having made every change requested of me and time again and some have even given by our local leaders and after years of good- HON. TAMMY DUCKWORTH their lives for us to live in a free and demo- faith efforts on my part, I am pleased that OF ILLINOIS cratic society. Now we have come together H.R. 2010 has now been signed into law. As a IN THE HOUSE OF REPRESENTATIVES to thank them for their service by restoring result of the Presidents support, our mili- their right to vote. tary men and women and college students Tuesday, December 2, 2014 Governor Togiola, Lieutenant Governor will now have the right to vote in federal Ms. DUCKWORTH. Mr. Speaker, on No- Aitofele Sunia, the late and honorable Presi- elections held in American Samoa and they dent of the Senate, Lutu T. Fuimaono, and will no longer be disenfranchised from the vember 11, 2014, on Roll Call #516 on the many other members of the Fono supported process as a result of Public Law 95–556 Motion to Concur in the Senate Amendment to this historic legislation and I thank them for which was passed on October 31, 1978. H.R. 4194—Government Reports Elimination their support. More than 85% of those sur- Federal, or PL 95–556, requires a runoff Act, I am not recorded because I was absent veyed in American Samoa also agreed that election to be held only 14 days after the for medical reasons. Had I been present, I our military men and women should have general election. As Governor Togiola said, would have voted YEA. the right to vote and I thank you for your this creates a situation where it is virtually support, Faleomavaega said. impossible for American Samoa’s Election On November 12, 2014, on Roll Call #517 The U.S. House of Representatives and the Office to send out absentee ballots to the on H.Res. 748, Providing for consideration of United States Senate also unanimously sup- men and women in the military and expect the bill (H.R. 5682) to approve the Keystone ported H.R. 2010. In fact, not one Republican to receive them back in time for those votes XL Pipeline, I am not recorded because I was or Democrat in the House or Senate objected to be counted in a run-off election. In other absent for medical reasons. Had I been to my bill. This is because H.R. 2010 is the words, this is an injustice that has been present, I would have voted NAY. right thing to do. made worse by the current conflict in the H.R. 2010 includes both plurality and ma- Middle East where many American Samoans On November 13, 2014, on Roll Call #518 jority voting. If, for example, the American are now serving and fighting for democracy. on the Democratic Motion to Recommit H.R. Samoa Legislature establishes primary elec- H.R. 2010 corrects the injustice and, for 5682, I am not recorded because I was absent tions, the general election for the office of this reason, I am thankful that President for medical reasons. Had I been present, I the Delegate will be by majority. If the Bush, the U.S. Senate, the U.S. House of would have voted YEA. American Samoa Legislature fails to estab- Representatives, many of our local leaders On November 13, 2014, on Roll Call #519 lish primary elections, the general election and the people of American Samoa agreed for the office of the Delegate will be by plu- with me that some measure should be put in on H.R. 5682, to approve the Keystone XL rality. Either way, our military men and place to assure that the votes of our military Pipeline, I am not recorded because I was ab- women and college students will have the men and women are counted in federal elec- sent for medical reasons. Had I been present, right to vote for their Representative to the tions held in American Samoa. I would have voted NAY.

VerDate Sep 11 2014 05:46 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A02DE8.042 E02DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS Tuesday, December 2, 2014 Daily Digest Senate Administration of Oath of Office: Senator Brian Chamber Action Schatz, of Hawaii, and Senator Tim Scott, of South Routine Proceedings, pages S6239–6272 Carolina, were administered the oath of office by the Measures Introduced: Four bills were introduced as Vice President, for the unexpired term ending at follows: S. 2967–2970. Page S6262 noon on January 3, 2017. Pages S6239–40 Measures Reported: Burrows Nomination: Senate resumed consider- S. 1618, to enhance the Office of Personnel Man- ation of the nomination of Charlotte A. Burrows, of agement background check system for the granting, the District of Columbia, to be a Member of the denial, or revocation of security clearances or access Equal Employment Opportunity Commission for a to classified information of employees and contrac- term expiring July 1, 2019. Pages S6253–54 tors of the Federal Government, with an amendment During consideration of this nomination today, in the nature of a substitute. (S. Rept. No. 113–283) Senate also took the following action: Page S6261 By 57 yeas to 39 nays (Vote No. 299), Senate agreed to the motion to close further debate on the Measures Passed: nomination. Page S6253 Chesapeake Bay Accountability and Recovery A unanimous-consent agreement was reached pro- Act: Committee on Environment and Public Works viding for further consideration of the nomination at was discharged from further consideration of S. approximately 9:30 a.m., on Wednesday, December 1000, to require the Director of the Office of Man- 3, 2014, with the time until 10:00 a.m. equally di- agement and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay water- vided and controlled between the two Leaders or shed, and the bill was then passed, after agreeing to their designees. Page S6272 the following amendment proposed thereto: Lopez Nomination: Senate resumed consideration of Pages S6246–48 the nomination of P. David Lopez, of Arizona, to be Warner Amendment No. 3965, in the nature of General Counsel of the Equal Employment Oppor- a substitute. Pages S6247–48 tunity Commission for a term of four years. Federal Duck Stamp Act: Senate passed H.R. Pages S6254–60 5069, to amend the Migratory Bird Hunting and During consideration of this nomination today, Conservation Stamp Act to increase in the price of Senate also took the following action: Migratory Bird Hunting and Conservation Stamps to By 54 yeas to 43 nays (Vote No. 300), Senate fund the acquisition of conservation easements for agreed to the motion to close further debate on the migratory birds. Pages S6246–48 nomination. Page S6254 Adding Ebola to the FDA Priority Review Burrows, Lopez, Hale, Kearney, and Pappert Voucher Program Act: Senate passed S. 2917, to ex- Nominations—Agreement: A unanimous-consent- pand the program of priority review to encourage time agreement was reached providing that at 10 treatments for tropical diseases. Page S6271 a.m., on Wednesday, December 3, 2014, all post- Bill Williams River Water Rights Settlement cloture time be considered expired and Senate vote Act: Senate passed H.R. 4924, to direct the Secretary on confirmation of the nominations of Charlotte A. of the Interior to enter into the Big Sandy River- Burrows, of the District of Columbia, to be a Mem- Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water ber of the Equal Employment Opportunity Commis- Rights Settlement Agreement, to provide for the sion, and P. David Lopez, of Arizona, to be General lease of certain land located within Planet Ranch on Counsel of the Equal Employment Opportunity the Bill Williams River in the State of Arizona to Commission, in the order upon which cloture was benefit the Lower Colorado River Multi-Species Con- invoked; that following these votes, Senate vote on servation Program, and to provide for the settlement the motions to invoke cloture on the nominations of of specific water rights claims in the Bill Williams David J. Hale, of Kentucky, to be United States River watershed in the State of Arizona. Page S6272 District Judge for the Western District of Kentucky, D1065

VerDate Mar 15 2010 02:07 Jul 21, 2015 Jkt 079060 PO 00000 Frm 00001 Fmt 5627 Sfmt 0627 E:\RECORD14\DEC 2014\D02DE4.REC D02DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1066 CONGRESSIONAL RECORD — DAILY DIGEST December 2, 2014

Mark A. Kearney, of Pennsylvania, to be United Messages from the House: Page S6261 States District Judge for the Eastern District of Measures Referred: Page S6261 Pennsylvania, and Gerald J. Pappert, of Pennsyl- vania, to be United States District Judge for the Measures Read the First Time: Page S6261 Eastern District of Pennsylvania; that if cloture is in- Executive Reports of Committees: Pages S6261–62 voked on any of these nominations, that at 5:30 Additional Cosponsors: Pages S6262–63 p.m., all post-cloture time be considered expired and Senate vote on confirmation of the nominations in Statements on Introduced Bills/Resolutions: the order upon which cloture was invoked; that there Page S6262 be two minutes for debate prior to each vote, and Additional Statements: Page S6261 all roll call votes after the first vote in the sequence Amendments Submitted: Pages S6263–71 be ten minutes in length. Page S6252 Authorities for Committees to Meet: Page S6271 Orr and Hezir Nominations—Agreement: A unanimous-consent agreement was reached providing Record Votes: Eight record votes were taken today. that notwithstanding Rule XXII, following the vote (Total—300) Pages S6241–43, S6253–54 on the motion to invoke cloture on the nomination Adjournment: Senate convened at 10 a.m. and ad- of Franklin M. Orr, Jr., of California, to be Under journed at 7:09 p.m., until 9:30 a.m. on Wednes- Secretary for Science, Department of Energy, Senate day, December 3, 2014. (For Senate’s program, see vote on the motion to invoke cloture on the nomina- the remarks of the Majority Leader in today’s Record tion of Joseph S. Hezir, of Virginia, to be Chief Fi- on page S6272. nancial Officer, Department of Energy, that if cloture is invoked on either nomination, the time under Committee Meetings cloture run consecutively in the order on which cloture was invoked; and that the time following the (Committees not listed did not meet) 10 a.m. cloture votes and 5:30 p.m., be equally divided in the usual form, with all other provisions of NOMINATIONS the previous order remaining in effect. Committee on Armed Services: Committee concluded a Pages S6252, S6260 hearing to examine the nominations of Robert M. Nominations Confirmed: Senate confirmed the fol- Scher, of the District of Columbia, to be Assistant lowing nominations: Secretary for Strategy, Plans, and Capabilities, Elissa By 50 yeas to 43 nays (Vote No. EX. 293), Noah Slotkin, of the District of Columbia, to be Assistant Bryson Mamet, of California, to be Ambassador to Secretary for International Security Affairs, David J. Berteau, to be Assistant Secretary for Logistics and the Argentine Republic. Pages S6240–42 By 52 yeas to 42 nays (Vote No. EX. 294), Col- Material Readiness, Alissa M. Starzak, of New York, leen Bradley Bell, of California, to be Ambassador to to be General Counsel of the Department of the Army, and Admiral Harry B. Harris, Jr., USN, for Hungary. Pages S6240–42 reappointment to the grade of admiral and to be By 68 yeas to 28 nays (Vote No. EX. 297), Nani Commander, United States Pacific Command, all of A. Coloretti, of California, to be Deputy Secretary of the Department of Defense, after the nominees testi- Department of Housing and Urban Development. fied and answered questions in their own behalf. Pages S6252–53 During consideration of this nomination today, DOMESTIC VIOLENCE IN PROFESSIONAL Senate also took the following action: SPORTS By 59 yeas to 34 nays (Vote No. 295), Senate Committee on Commerce, Science, and Transportation: agreed to the motion to close further debate on the Committee concluded a hearing to examine address- nomination. Page S6242 ing domestic violence in professional sports, after re- By 53 yeas to 44 nays (Vote No. EX. 298), Rob- ceiving testimony from Troy Vincent, National Foot- ert S. Adler, of the District of Columbia, to be a ball League, Joe Torre, Major League Baseball, Kathy Commissioner of the Consumer Product Safety Com- Behrens, National Basketball Association, Michele mission for a term of seven years from October 27, Roberts, National Basketball Players Association, 2014. Pages S6243–45, S6245–46, S6248–52, S6253 and Jessica Berman, National Hockey League, all of During consideration of this nomination today, New York, New York; Virginia Seitz, Major League Senate also took the following action: Baseball Players Association, and Teri Patterson, By 52 yeas to 40 nays (Vote No. 296), Senate NFL Players Association, both of Washington, DC; agreed to the motion to close further debate on the and Steven Fehr, National Hockey League Players’ nomination. Pages S6242–43 Association, Toronto, Canada.

VerDate Mar 15 2010 02:07 Jul 21, 2015 Jkt 079060 PO 00000 Frm 00002 Fmt 5627 Sfmt 0627 E:\RECORD14\DEC 2014\D02DE4.REC D02DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 2, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D1067

WATER TREATMENT FACILITIES’ Moore, Heritage Foundation, both of Washington, INNOVATION AND UTILITIES DC; Kevin Fay, The Alliance for Responsible At- Committee on Environment and Public Works: Sub- mospheric Policy, Arlington, Virginia; Drew committee on Water and Wildlife concluded a hear- Shindell, Duke University Nicholas School of the ing to examine innovation and the utilities of the fu- Environment, Durham, North Carolina; and Benny ture, focusing on how local water treatment facilities Peiser, The Global Warming Policy Foundation, are leading the way to better manage wastewater and London, United Kingdom. water supplies, after receiving testimony from Jerry N. Johnson, Washington Suburban Sanitary Com- NOMINATIONS mission, Laurel, Maryland; Harlan L. Kelly, Jr., San Committee on Foreign Relations: Committee concluded Francisco Public Utilities Commission, San Fran- a hearing to examine the nominations of Richard cisco, California; Thomas Sigmund, NEW Water, Rahul Verma, of Maryland, to be Ambassador to the Green Bay, Wisconsin; Andrew Kricun, Camden Republic of India, who was introduced by Senator County Municipal Utilities Authority, Camden, New Reid, and Peter Michael McKinley, of Virginia, to Jersey; and Jeffrey Longsworth, Barnes and Thorn- be Ambassador to the Islamic Republic of Afghani- burg LLP, and John C. Hall, Center for Regulatory stan, both of the Department of State, and Isobel Reasonableness, both of Washington, DC. Coleman, of New York, to be an Alternate Rep- BUSINESS MEETING resentative to the Sessions of the General Assembly of the United Nations during her tenure of service Committee on Environment and Public Works: Com- as Representative of the United States of America to mittee ordered favorably reported the following busi- the United Nations for U.N. Management and Re- ness items: form, and to be Representative to the United Na- S. 2963, to remove a limitation on a prohibition tions for U.N. Management and Reform, with the relating to permits for discharges incidental to nor- rank of Ambassador, after the nominees testified and mal operation of vessels; and answered questions in their own behalf. The nominations of Virginia Tyler Lodge, and Ronald Anderson Walter, both to be a Member of BUSINESS MEETING the Board of Directors of the Tennessee Valley Au- thority, and Jeffery Martin Baran, of Virginia, to be Committee on Health, Education, Labor, and Pensions: a Member of the Nuclear Regulatory Commission. Committee ordered favorably reported the nomination of Lauren McGarity McFerran, of the District of SUPER POLLUTANTS ACT Columbia, to be a Member of the National Labor Committee on Environment and Public Works: Com- Relations Board. mittee concluded a hearing to examine S. 2911, to establish a task force to review policies and measures INTELLIGENCE to promote, and to develop best practices for, reduc- Select Committee on Intelligence: Committee held closed tion of short-lived climate pollutants, after receiving hearings on intelligence matters, receiving testimony testimony from Durwood Zaelke, Institute for Gov- from officials of the intelligence community. ernance and Sustainable Development, and Stephen Committee recessed subject to the call. – h House of Representatives H.R. 4200, to amend the Investment Advisers Chamber Action Act of 1940 to prevent duplicative regulation of ad- Public Bills and Resolutions Introduced: 4 public visers of small business investment companies (H. bills, H.R. 5779–5782; and 3 resolutions, H. Res. Rept. 113–641); 767–769, were introduced. Pages H8272–73 H.R. 4569, to require the Securities and Exchange Additional Cosponsors: Page H8273 Commission to make certain improvements to form Reports Filed: Reports were filed today as follows: 10–K and regulation S–K, and for other purposes, with an amendment (H. Rept. 113–642); H.R. 3240, to instruct the Comptroller General of the United States to study the impact of Regulation H. Res. 766, providing for consideration of the D, and for other purposes (H. Rept. 113–640); bill (H.R. 5771) to amend the Internal Revenue

VerDate Sep 11 2014 06:15 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02DE4.REC D02DEPT1 emcdonald on DSK67QTVN1PROD with DIGEST D1068 CONGRESSIONAL RECORD — DAILY DIGEST December 2, 2014 Code of 1986 to extend certain expiring provisions Housing Assistance Efficiency Act: H.R. 2790, and make technical corrections, and for other pur- to authorize private nonprofit organizations to ad- poses, and providing for consideration of the bill minister permanent housing rental assistance pro- (H.R. 647) to amend the Internal Revenue Code of vided through the Continuum of Care Program 1986 to provide for the tax treatment of ABLE ac- under the McKinney-Vento Homeless Assistance counts established under State programs for the care Act; Pages H8254–55 of family members with disabilities, and for other World War I American Veterans Centennial purposes (H. Rept. 113–643); and Report of the Joint Economic Committee on the Commemorative Coin Act: H.R. 2366, amended, to 2014 Economic Report of the President (H. Rept. require the Secretary of the Treasury to mint coins in commemoration of the centennial of World War 113–644). Page H8272 I, by a 2⁄3 yea-and-nay vote of 418 yeas and 3 nays, Speaker: Read a letter from the Speaker wherein he Roll No. 539; and Pages H8255–58, H8261–62 appointed Representative Stewart to act as Speaker pro tempore for today. Page H8227 Disclosure Modernization and Simplification Act of 2014: H.R. 4569, amended, to require the Recess: The House recessed at 10:06 a.m. and re- Securities and Exchange Commission to make certain convened at 12 noon. Page H8228 improvements to form 10–K and regulation S–K. Guest Chaplain: The prayer was offered by the Pages H8258–60 Guest Chaplain, Reverend Dr. David Gray, Bradley Suspensions—Proceedings Resumed: The House Hill Presbyterian Church, Bethesda, Maryland. agreed to suspend the rules and pass the following Page H8228 measures which were debated on Monday, December Suspensions: The House agreed to suspend the rules 1st: and pass the following measures: Blackfoot River Land Exchange Act of 2014: S. Pest Management Records Modernization Act: 2040, to exchange trust and fee land to resolve land H.R. 5714, to permit commercial applicators of pes- disputes created by the realignment of the Blackfoot ticides to create, retain, submit, and convey pesticide River along the boundary of the Fort Hall Indian application-related records, reports, data, and other Reservation, by a 2⁄3 yea-and-nay vote of 414 yeas information in electronic form; Pages H8231–32 with none voting ‘‘nay’’, Roll No. 534; No Social Security for Nazis Act: H.R. 5739, to Pages H8237–38 amend the Social Security Act to provide for the ter- May 31, 1918 Act Repeal Act: H.R. 5050, to re- mination of Social Security benefits for individuals peal the Act of May 31, 1918, by a 2⁄3 yea-and-nay who participated in Nazi persecution, by a 2⁄3 yea- vote of 418 yeas with none voting ‘‘nay’’, Roll No. and-nay vote of 420 yeas with none voting ‘‘nay’’, 535; and Pages H8238–39 Roll No. 537; Pages H8232–37, H8260 Coastal Barrier Resources Act: H.R. 3572, SBIC Advisers Relief Act of 2014: H.R. 4200, to amended, to revise the boundaries of certain John H. amend the Investment Advisers Act of 1940 to pre- Chafee Coastal Barrier Resources System units in vent duplicative regulation of advisers of small busi- North Carolina, by a 2⁄3 yea-and-nay vote of 410 ness investment companies; Pages H8239–40 yeas to 7 nays, Roll No. 536. Page H8239 Amending the Commodity Exchange Act and the Agreed to amend the title so as to read: ‘‘To re- Securities Exchange Act of 1934: H.R. 5471, to vise the boundaries of certain John H. Chafee Coastal amend the Commodity Exchange Act and the Secu- Barrier Resources System units.’’. Page H8239 rities Exchange Act of 1934 to specify how clearing requirements apply to certain affiliate transactions; Senate Messages: Message received from the Senate Pages H8240–44 by the Clerk and subsequently presented to the House today and a message received from the Senate Regulation D Study Act: H.R. 3240, to instruct today appear on pages H8230 and H8272. the Comptroller General of the United States to Senate Referral: S. 1000 was held at the desk. study the impact of Regulation D, by a 2⁄3 yea-and- nay vote of 422 yeas and with none voting ‘‘nay’’, Quorum Calls—Votes: Six yea-and-nay votes devel- Roll No. 538; Pages H8244–46, H8260–61 oped during the proceedings of today and appear on Native American Housing Assistance and Self- pages H8237–38, H8238–39, H8239, H8260, Determination Reauthorization Act of 2014: H.R. H8261, and H8261–62. There were no quorum 4329, amended, to reauthorize the Native American calls. Housing Assistance and Self-Determination Act of Adjournment: The House met at 10 a.m. and ad- 1996; Pages H8246–54 journed at 6:12 p.m.

VerDate Sep 11 2014 06:15 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02DE4.REC D02DEPT1 emcdonald on DSK67QTVN1PROD with DIGEST December 2, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D1069 TAX INCREASE PREVENTION ACT OF 2014; Committee Meetings ABLE ACT OF 2014 NATIONAL DEFENSE PANEL ASSESSMENT Committee on Rules: Full Committee held a hearing on OF THE 2014 QUADRENNIAL DEFENSE H.R. 5771, the ‘‘Tax Increase Prevention Act of REVIEW 2014’’; and H.R. 647, the ‘‘ABLE Act of 2014’’. Committee on Armed Services: Full Committee held a The committee granted, by voice vote, a closed rule hearing entitled ‘‘National Defense Panel Assessment for H.R. 5771. The rule provides one hour of debate of the 2014 Quadrennial Defense Review’’. Testi- equally divided and controlled by the chair and mony was heard from Eric Edelman, Panelist, Na- ranking minority member of the Committee on tional Defense Panel, Former Under Secretary of De- Ways and Means. The rule waives all points of order fense for Policy; and Miche`le Flournoy, Panelist, Na- against consideration of the bill. The rule provides tional Defense Panel, Former Under Secretary of De- that the amendment printed in part A of the Rules fense for Policy. Committee report shall be considered as adopted, and the bill, as amended, shall be considered as read. THE ROLE OF MARITIME AND AIR POWER The rule waives all points of order against provisions IN DOD’S THIRD OFFSET STRATEGY in the bill, as amended. The rule provides one mo- Committee on Armed Services: Subcommittee on tion to recommit with or without instructions. Ad- Seapower and Projection Forces held a hearing enti- ditionally, the rule granted a closed rule for H.R. tled ‘‘The Role of Maritime and Air Power in DoD’s 647. The rule provides one hour of debate equally Third Offset Strategy’’. Testimony was heard from divided and controlled by the chair and ranking mi- public witnesses. nority member of the Committee on Ways and Means. The rule waives all points of order against ISIS AND THE THREAT FROM FOREIGN consideration of the bill. The rule provides that the FIGHTERS amendment in the nature of a substitute printed in Committee on Foreign Affairs: Subcommittee on Ter- part B of the Rules Committee report shall be con- rorism, Nonproliferation, and Trade; and Sub- sidered as adopted, and the bill, as amended, shall committee on the Middle East and North Africa, be considered as read. The rule waives all points of held a joint hearing entitled ‘‘ISIS and the Threat order against provisions in the bill, as amended. The from Foreign Fighters’’. Testimony was heard from rule provides one motion to recommit with or with- Robert Bradtke, Senior Advisor for Partner Engage- out instructions. Finally, the rule directs the Clerk ment on Syria Foreign Fighters, Department of to, in the engrossment of H.R. 5771, add the text State; and Tom Warrick, Deputy Assistant Secretary of H.R. 647, as passed by the House, as a new mat- for Counterterrorism Policy, Department of Home- ter at the end of H.R. 5771 and make conforming land Security. modifications in the engrossment. Testimony was heard from Chairman Camp and Representative HONG KONG: A BROKEN PROMISE? Levin. Committee on Foreign Affairs: Subcommittee on Asia and the Pacific held a hearing entitled ‘‘Hong Kong: A Broken Promise?’’. Testimony was heard from Joint Meetings public witnesses. No joint committee meetings were held. OPEN BORDERS: THE IMPACT OF f PRESIDENTIAL AMNESTY ON BORDER SECURITY NEW PUBLIC LAWS Committee on Homeland Security: Full Committee held (For last listing of Public Laws, see DAILY DIGEST, p. D1053) a hearing entitled ‘‘Open Borders: The Impact of H.R. 1233, to amend chapter 22 of title 44, Presidential Amnesty on Border Security’’. Testi- United States Code, popularly known as the Presi- mony was heard from Jeh Johnson, Secretary, De- dential Records Act, to establish procedures for the partment of Homeland Security. consideration of claims of constitutionally based privilege against disclosure of Presidential records. PRESIDENT OBAMA’S EXECUTIVE Signed on November 26, 2014. (Public Law OVERREACH ON IMMIGRATION 113–187) Committee on the Judiciary: Full Committee held a H.R. 4194, to provide for the elimination or hearing entitled ‘‘President Obama’s Executive Over- modification of Federal reporting requirements. reach on Immigration’’. Testimony was heard from Signed on November 26, 2014. (Public Law public witnesses. 113–188)

VerDate Sep 11 2014 06:15 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D02DE4.REC D02DEPT1 emcdonald on DSK67QTVN1PROD with DIGEST D1070 CONGRESSIONAL RECORD — DAILY DIGEST December 2, 2014 S. 885, to designate the facility of the United tional Highway Traffic Safety Administration, and Carlos States Postal Service located at 35 Park Street in A. Monje, Jr., of Louisiana, to be Assistant Secretary for Danville, Vermont, as the ‘‘Thaddeus Stevens Post Transportation Policy, both of the Department of Trans- Office’’. Signed on November 26, 2014. (Public Law portation, and Tho Dinh-Zarr, of Texas, to be a Member 113–189) of the National Transportation Safety Board, 10 a.m., SR–253. S. 898, to authorize the Administrator of General Committee on Environment and Public Works: to hold hear- Services to convey a parcel of real property in Albu- ings to examine the Nuclear Regulatory Commission’s querque, New Mexico, to the Amy Biehl High (NRC) implementation of the Fukushima Near-Term School Foundation. Signed on November 26, 2014. Task Force recommendations and other actions to enhance (Public Law 113–190) and maintain nuclear safety, 9 a.m., SD–406. S. 1093, to designate the facility of the United Full Committee, business meeting to continue consid- States Postal Service located at 130 Caldwell Drive eration of S. 2963, to remove a limitation on a prohibi- in Hazlehurst, Mississippi, as the ‘‘First Lieutenant tion relating to permits for discharges incidental to nor- Alvin Chester Cockrell, Jr. Post Office Building’’. mal operation of vessels, and the nominations of Virginia Signed on November 26, 2014. (Public Law Tyler Lodge, and Ronald Anderson Walter, both to be a 113–191) Member of the Board of Directors of the Tennessee Valley S. 1499, to designate the facility of the United Authority, and Jeffery Martin Baran, of Virginia, to be States Postal Service located at 278 Main Street in a Member of the Nuclear Regulatory Commission, 9:30 a.m., Room to be announced. Chadron, Nebraska, as the ‘‘Sergeant Cory Mracek Committee on Finance: Subcommittee on Energy, Natural Memorial Post Office’’. Signed on November 26, Resources, and Infrastructure, to hold hearings to examine 2014. (Public Law 113–192) natural gas vehicles, focusing on fueling American jobs, S. 1512, to designate the facility of the United enhancing energy security, and achieving emissions bene- States Postal Service located at 1335 Jefferson Road fits, 2:30 p.m., SD–215. in Rochester, New York, as the ‘‘Specialist Theodore Committee on Foreign Relations: Subcommittee on East Matthew Glende Post Office’’. Signed on November Asian and Pacific Affairs, to hold hearings to examine 26, 2014. (Public Law 113–193) evaluating the impact of the ‘Umbrella Movement’, 9:30 S. 1934, to direct the Administrator of General a.m., SD–419. Services to convey the Clifford P. Hansen Federal Full Committee, to hold hearings to examine disman- Courthouse to Teton County, Wyoming. Signed on tling Iran’s nuclear weapons program, focusing on the November 26, 2014. (Public Law 113–194) next steps to achieve a comprehensive deal, 1:30 p.m., SD–419. S. 2141, to amend the Federal Food, Drug, and Committee on the Judiciary: business meeting to consider Cosmetic Act to provide an alternative process for the nominations of Sarah R. Saldana, of Texas, to be an review of safety and effectiveness of nonprescription Assistant Secretary of Homeland Security, Joan Marie sunscreen active ingredients. Signed on November Azrack, to be United States District Judge for the Eastern 26, 2014. (Public Law 113–195) District of New York, Loretta Copeland Biggs, to be S. 2539, to amend the Public Health Service Act United States District Judge for the Middle District of to reauthorize certain programs relating to traumatic North Carolina, Elizabeth K. Dillon, to be United States brain injury and to trauma research. Signed on No- District Judge for the Western District of Virginia, and vember 26, 2014. (Public Law 113–196) Michael P. Botticelli, of the District of Columbia, to be S. 2583, to promote the non-exclusive use of elec- Director of National Drug Control Policy, 10 a.m., tronic labeling for devices licensed by the Federal SD–226. Committee on Veterans’ Affairs: to hold hearings to exam- Communications Commission. Signed on November ine the high cost of treating veterans with the Hepatitis 26, 2014. (Public Law 113–197) C virus and the impact of the disease on the VA health f care system, 11:30 a.m., SR–418. COMMITTEE MEETINGS FOR WEDNESDAY, House DECEMBER 3, 2014 Committee on Energy and Commerce, Subcommittee on (Committee meetings are open unless otherwise indicated) Commerce, Manufacturing, and Trade, hearing entitled ‘‘Takata Airbag Ruptures and Recalls’’, 10 a.m., 2123 Senate Rayburn. Committee on Agriculture, Nutrition, and Forestry: to hold Subcommittee on Health, hearing entitled ‘‘The Future hearings to examine farmers and fresh water, focusing on of the Children’s Health Insurance Program’’, 10:15 a.m., voluntary conservation to protect our land and waters, 10 2322 Rayburn. a.m., SR–328A. Committee on the Judiciary, Subcommittee on Courts, In- Committee on Commerce, Science, and Transportation: to tellectual Property, and the Internet, hearing on H.R. hold hearings to examine the nominations of Mark R. 917, the ‘‘Sunshine in the Courtroom Act of 2013’’, 10 Rosekind, of California, to be Administrator of the Na- a.m., 2141 Rayburn.

VerDate Sep 11 2014 06:15 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D02DE4.REC D02DEPT1 emcdonald on DSK67QTVN1PROD with DIGEST December 2, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D1071

Committee on Oversight and Government Reform, Full Com- Audits of the National Ecological Observatory Network’’, mittee, hearing entitled ‘‘Transforming Federal Spending: 10 a.m., 2318 Rayburn. Implementing the Digital Accountability and Trans- Committee on Veterans’ Affairs, Subcommittee on Health, parency Act’’, 9:30 a.m., 2154 Rayburn. hearing entitled ‘‘VA’s Caregiver Program: Assessing Cur- Committee on Science, Space, and Technology, Full Com- rent Prospects and Future Possibilities’’, 10 a.m., 334 mittee, hearing entitled ‘‘Review of the Results of Two Cannon.

VerDate Sep 11 2014 06:15 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D02DE4.REC D02DEPT1 emcdonald on DSK67QTVN1PROD with DIGEST D1072 CONGRESSIONAL RECORD — DAILY DIGEST December 2, 2014

Next Meeting of the SENATE States District Judge for the Western District of Ken- 9:30 a.m., Wednesday, December 3 tucky, Mark A. Kearney, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsyl- vania, and Gerald J. Pappert, of Pennsylvania, to be Senate Chamber United States District Judge for the Eastern District of Pennsylvania. Following which, Senate will vote on the Program for Wednesday: At 10 a.m., Senate will vote motions to invoke cloture on the nominations of Franklin on confirmation of the nominations of Charlotte A. Bur- M. Orr, Jr., of California, to be Under Secretary for rows, of the District of Columbia, to be a Member of the Science, Department of Energy, and Joseph S. Hezir, of Equal Employment Opportunity Commission, and P. Virginia, to be Chief Financial Officer, Department of David Lopez, of Arizona, to be General Counsel of the Energy. Equal Employment Opportunity Commission, to be followed by votes on the motions to invoke cloture on the nominations of David J. Hale, of Kentucky, to be United Next Meeting of the HOUSE OF REPRESENTATIVES States District Judge for the Western District of Ken- 10 a.m., Wednesday, December 3 tucky, Mark A. Kearney, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsyl- vania, and Gerald J. Pappert, of Pennsylvania, to be House Chamber United States District Judge for the Eastern District of Program for Wednesday: Begin consideration of H.R. Pennsylvania. 5771—Tax Increase Prevention Act of 2014 (Subject to At 5:30 p.m., Senate will vote on confirmation of the a Rule) and begin consideration of H.R. 647—Achieving nominations of David J. Hale, of Kentucky, to be United a Better Life Experience Act of 2014 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Garamendi, John, Calif., E1685 Roe, David P., Tenn., E1684 Gerlach, Jim, Pa., E1699 Rokita, Todd, Ind., E1696 Barr, Andy, Ky., E1683 Graves, Sam, Mo., E1689 Roybal-Allard, Lucille, Calif., E1699 Barton, Joe, Tex., E1686 Green, Gene, Tex., E1698 Ryan, Tim, Ohio, E1683 Coffman, Mike, Colo., E1698 Guthrie, Brett, Ky., E1685, E1686 Salmon, Matt, Ariz., E1692 Davis, Danny K., Ill., E1693 Higgins, Brian, N.Y., E1683, E1684, E1685, E1686 Scott, David, Ga., E1683 Duckworth, Tammy, Ill., E1704 Levin, Sander M., Mich., E1697 Smith, Jason T., Mo., E1690, E1696 Enyart, William L., Ill., E1693 Norton, Eleanor Holmes, D.C., E1686 Speier, Jackie, Calif.,E1691, E1700 Eshoo, Anna G., Calif., E1684 Olson, Pete, Tex., E1696, E1699, E1703 Thompson, Bennie G., Miss., E1694, E1702 Faleomavaega, Eni F.H., American Samoa, E1687, Payne, Donald M., Jr., N.J. , E1684 Veasey, Marc A., Tex., E1700 E1689, E1691, E1693, E1695, E1696, E1698, E1700, E1701, Rangel, Charles B., N.Y., E1689, E1694, E1701 Walorski, Jackie, Ind., E1684 E1703 Reed, Tom, N.Y., E1690 Williams, Roger, Tex., E1694

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 Printing 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 Printing 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 Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 07:35 Dec 03, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D02DE4.REC D02DEPT1 emcdonald on DSK67QTVN1PROD with DIGEST