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

Vol. 161 WASHINGTON, WEDNESDAY, FEBRUARY 4, 2015 No. 19 House of Representatives The House met at 10 a.m. and was our State marshals the strength of all turn to civilian life to allow them to called to order by the Speaker pro tem- of Florida’s public universities to re- continue to protect our homeland. pore (Mr. JOLLY). spond to our Nation’s cybersecurity Tampa is the perfect home for this new cyber mission with its close prox- f workforce needs. The center will help develop the next imity to the headquarters of the U.S. DESIGNATION OF SPEAKER PRO generation of technology to prevent Central Command, U.S. Special Oper- TEMPORE cyber attacks and provide a resource ations Command, and the Joint Cyber The SPEAKER pro tempore laid be- for Florida businesses to help them Command at MacDill Air Force Base. fore the House the following commu- prevent and, if necessary, respond to The Tampa Bay region is also a cen- nication from the Speaker: cyber threats. ter for our State’s financial and health care industries. National, State, and WASHINGTON, DC, I want to congratulate the board of February 4, 2015. governors for our State university sys- local businesses—large and small—will I hereby appoint the Honorable DAVID W. tem, our Florida State Legislature, and benefit from the continuing outreach JOLLY to act as Speaker pro tempore on this our Florida Governor for recognizing and educational programs offered by day. the critical importance of the growing the Florida Center for Cybersecurity at JOHN A. BOEHNER, cyber threat to Florida residents and USF. Speaker of the House of Representatives. businessowners throughout the world. Mr. Speaker, I applaud USF’s energy f These leaders are doing something and innovation in responding to the na- tional and international cyber threat. MORNING-HOUR DEBATE about that threat by establishing the Florida Center for Cybersecurity. This is the type of quick and thorough The SPEAKER pro tempore. Pursu- They recognized that with our grow- response our Nation needs as we bring ant to the order of the House of Janu- ing reliance on Internet connectivity together the best our public and pri- ary 6, 2015, the Chair will now recog- each and every day, cybersecurity be- vate sectors have to offer in protecting nize Members from lists submitted by comes increasingly more vital. Cyber- our citizens and our businesses from the majority and minority leaders for security reaches every facet of modern this ongoing threat to our national se- morning-hour debate. life, from national security to personal curity, our personal security, and eco- The Chair will alternate recognition communication, from data storage to nomic security. Congratulations to USF, and go, between the parties, with each party banking security, from health care pri- Bulls. limited to 1 hour and each Member vacy to transportation safety. other than the majority and minority In just 7 short months, the center has f leaders and the minority whip limited enrolled its first 100 students in a spe- AWARE ACT to 5 minutes, but in no event shall de- cial cybersecurity master’s degree pro- The SPEAKER pro tempore. The bate continue beyond 11:50 a.m. gram. Just last October, the program Chair recognizes the gentleman from f at USF became only the second in the Oregon (Mr. BLUMENAUER) for 5 min- Nation to be designated as a National OPENING OF THE FLORIDA CEN- utes. Center of Academic Excellence in In- Mr. BLUMENAUER. Mr. Speaker, TER FOR CYBERSECURITY AT formation Assurance and Cybersecu- UNIVERSITY OF SOUTH FLORIDA one of the areas where Congress has re- rity. peatedly come together in a non- The SPEAKER pro tempore. The The center continues to address the partisan fashion to make real progress Chair recognizes the gentleman from serious shortfall in our Nation’s cyber- has been legislation dealing with the Florida (Mr. ROSS) for 5 minutes. security workforce by bringing online protection of animals. This is some- Mr. ROSS. Mr. Speaker, I rise this degree, certificate, and training pro- thing that unites us as we have been morning to bring to the attention of grams to facilitate industry-recognized able to deal with a series of simple, my colleagues an important event tak- specializations to enhance the cyberse- commonsense steps to assure we meet ing place this Friday in the 15th Con- curity workforce, mitigate cybersecu- the standard of care. gressional District of Florida which I rity threats, and attract new busi- That is why it was so horrific to read have the privilege to represent. nesses to Florida and across our great the terrible front-page article in The With the opening of the Florida Cen- Nation. New York Times on January 20 about ter for Cybersecurity on the campus of Most importantly, the university will the Federal Meat Animal Research the University of South Florida, also reach out to our Nation’s heroes who Center in Clay Center, Nebraska. Mov- known as USF, in Tampa this Friday, have proudly served in uniform and re- ing from the front page to two full

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

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VerDate Sep 11 2014 00:16 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.000 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H760 CONGRESSIONAL RECORD — HOUSE February 4, 2015 pages on the inside were truly gro- PUERTO RICO STATEHOOD Rico during the transition period so tesque and horrifying examples of ani- ADMISSION PROCESS ACT the admission process is structured and mal abuse. The SPEAKER pro tempore. The orderly. A young cow had its head locked in a Chair recognizes the gentleman from Third, in November 2020, the Amer- cagelike device to keep her immobile Puerto Rico (Mr. PIERLUISI) for 5 min- ican citizens of Puerto Rico would vote while she was repeatedly—you can only utes. for President and Vice President, two describe it as sexually tortured for Mr. PIERLUISI. Mr. Speaker, today, U.S. Senators, and voting Members of hours by as many as six bulls being I am introducing the most forceful and the U.S. House. studied for their sexual libido. Her ambitious statehood admission bill for Finally, on January 1, 2021, the Presi- back legs were broken, her body—in Puerto Rico in U.S. history. The bill, dent would proclaim Puerto Rico to be the words of one of the observers—was fittingly, has 51 original cosponsors a State. Puerto Rico’s congressional ‘‘torn up,’’ and the cow understandably from both parties. Representatives would be sworn into died from her injuries. Before I describe the bill, let me ex- office, and Puerto Rico would be treat- There were other experiments de- plain its background. In 2012, the Puer- ed on equal footing with all other tailed, sheep and pigs, without consid- to Rico government sponsored a ref- States. eration of animal health impact. It de- erendum in which voters rejected Puer- My bill is modeled on the legislation tailed horrifying and often unsuccess- to Rico’s current territory status and enacted by Congress with respect to ful results. At least 6,500 animals were expressed a clear preference for state- Alaska and Hawaii. When Alaska and known to have starved to death at this hood. Hawaii were territories, they each held facility, and unknown numbers died In the 113th Congress, at my initia- votes sponsored by their local govern- from negligence from easily treatable tive, the President proposed and Con- ments in which voters expressed a de- infections, exposure to bad weather, or gress approved an appropriation of $2.5 sire for statehood. This is also what oc- attacks by predators—all of this at a million to fund the first federally spon- curred in Puerto Rico in 2012. cost of almost $200 million of taxpayer sored status vote in Puerto Rico’s his- Ultimately, Congress enacted an ad- money over the last 10 years, resulting tory. The funding will remain available mission act for Alaska in 1958 and an in this grotesque abuse of animals. until it is used by the Puerto Rico gov- admission act for Hawaii in 1959. Those There is the ability to abuse, neglect, acts of Congress provided for admission and even torture farm animals because ernment. While the law does not prescribe the to occur once a majority of voters in there is no law that requires their pro- exact format of the ballot, it does es- each territory affirmed in a federally tection. There is a loophole in the Ani- tablish important conditions; namely, sponsored vote that they desired state- mal Welfare Act which exempts farm the law provides that the U.S. Depart- animals used for research. hood. That is precisely what my bill Think about it. If you are abusing, ment of Justice must certify that the would do with respect to Puerto Rico. neglecting, or even torturing farm ani- ballot and voter education materials Every Member of Congress who co- mals for agricultural research, you are consistent with U.S. law and pol- sponsors this bill is standing up for a don’t have to obey the Animal Welfare icy. powerful, powerful principle, which is Act. It is absolutely unjustified and The bipartisan bill I am introducing this: the people of Puerto Rico are U.S. outrageous. today flows from and builds upon the citizens, they have enriched the life of This week, Congressman MICHAEL 2012 referendum and the Federal appro- this Nation for generations, and they FITZPATRICK—my cochair of the Con- priation enacted in response to that have fought and died to defend her. gressional Animal Protection Caucus— referendum. In other words, this bill is If a majority of Puerto Rico’s voters and I are introducing the AWARE Act being filed now because the strategic affirm their desire in a federally spon- which would require that in Federal fa- foundation is firmly in place. sored vote to become a full and equal cilities, farm animals used in agricul- Every action I take is designed to ad- part of the American family, the will of tural research be included in the defi- vance the statehood cause because it is the people should be honored. Democ- nition of ‘‘animal’’ under the Animal beyond dispute that territory status is racy requires no less. Welfare Act. the main source of Puerto Rico’s grave f It seems rather simple. It would en- economic and social problems. My con- SERVICEMEMBER ASSISTANCE sure that these animals are treated stituents have no interest in symbolic FOR LAWFUL UNDERSTANDING, like other warmblooded animals in gestures or empty rhetoric. They care TREATMENT, AND EDUCATION other Federal research facilities. It is only about concrete steps that bring ACT time that we step up to stop this hor- Puerto Rico closer to equality. rific abuse. There is no reason that the My bill would authorize a vote to be The SPEAKER pro tempore. The USDA agricultural research facilities held in Puerto Rico within 1 year of Chair recognizes the gentleman from experimenting on farm animals should the bill’s enactment—that is, by no Pennsylvania (Mr. COSTELLO) for 5 min- not be held to the same standards as later than the end of 2017. The ballot utes. Federal research facilities that con- would contain a single question: Shall Mr. COSTELLO of Pennsylvania. Mr. duct lifesaving disease research with Puerto Rico be admitted as a State of Speaker, last week, my fellow Chester the same kinds of animals. the United States? County Congressman, PATRICK MEE- I strongly urge my colleagues to sup- To conduct this vote, the Puerto HAN, introduced the Servicemember As- port this AWARE Act, the Animal Wel- Rico government may use the $2.5 mil- sistance for Lawful Understanding, fare and Agricultural Research Endeav- lion that Congress already approved Treatment, and Education Act, other- ors. It is supported by The Humane So- since this format clearly satisfies the wise known as the SALUTE Act. ciety, the Society for Prevention of conditions of the appropriations law. If I want to praise Congressman MEE- Cruelty to Animals, the Humane Legis- a majority of voters affirm their desire HAN for his leadership on this issue and lative Fund, and countless people for admission, the bill provides for an speak a little bit about it in support of across the country who deeply believe automatic series of steps to occur. the SALUTE Act. in animal welfare. First, by February 2018, the President This is our job in Congress, and this would issue a proclamation to begin b 1015 is a small step that we can quickly Puerto Rico’s transition to statehood. It is going to help veterans overcome make to show that we respond to ani- Second, the President would appoint addictions and PTSD by providing mal abuse and that the Federal Gov- a commission to prepare a report that yearly Federal funding for Veterans ernment will lead by example. describes the Federal laws that treat Treatment Courts. This is an oppor- I would urge my colleagues to join the territory of Puerto Rico differently tunity for all of us to help troubled Congressman FITZPATRICK and me as than the States. The commission would veterans break free of the cycle and get members of the Congressional Animal complete the report by July 2018. The the help that they need. Protection Caucus to work together on congressional committees of jurisdic- It is estimated that one in five vet- behalf of God’s creatures who cannot tion could then enact legislation to erans returning from Afghanistan and speak for themselves. phase in equal treatment of Puerto Iraq will experience a stress-related

VerDate Sep 11 2014 00:16 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.006 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H761 mental illness. Veterans Treatment college education. We know that Amer- middle class. He even raised the top tax Courts assist soldiers who are charged icans right now are burdened with rate back up to 39.6 percent. Doom and with nonviolent crimes and who are more than $1 trillion in student loan gloom was predicted, but what hap- struggling with certain addictions or debt. That type of debt limits the abil- pened? The economy is humming. The mental illnesses. Veterans Treatment ity of younger Americans to purchase a stock market is way up. Gas prices are Courts provide an opportunity for them home, to start a family, to open up a way down. The unemployment rate has to get their lives back on the right new business, to take a chance. It lim- come down. Economic growth is ex- track and to not spiral down a track of its their ability to robustly access the ceeding all of the competitors across addiction. American Dream. President Obama’s the world. Pennsylvania, as you may know, is a budget is designed to allow the sons There is more to be done, but for us hub of veterans courts, as 18 counties and daughters of the middle class to to be successful, we have got to aban- have them. In fact, three counties that pursue their dreams in a more mean- don the focus on the wealthy and the I represent—Chester, Montgomery, and ingful fashion. well off and pursue middle class eco- Berks—have Veterans Treatment When President Obama took office, nomics. Courts, and I have seen firsthand as the he inherited an economic train wreck f Chester County commissioner how as a result of the Great Recession that JOHN TEDORE, A HERO impactful and effective they can be. I was handed to him by the policies of have witnessed firsthand how impor- the previous Republican administra- The SPEAKER pro tempore. The tant it is to the lives of returning vet- tion. Through the leadership of Presi- Chair recognizes the gentleman from erans. So I share with you a quote that dent Obama, working closely with Iowa (Mr. YOUNG) for 5 minutes. I received from Chester County Dis- Democrats in the House and the Sen- Mr. YOUNG of Iowa. Mr. Speaker, I trict Attorney Tom Hogan: ate, we have turned the economy rise today to honor a native Iowan— These brave men and women have sac- around. We have gotten it back on the John Tedore from West Des Moines— rificed so much to serve our country and pro- right track. for his service to our great country. tect our freedom. We owe it to them to help So the question that we in this Con- Mr. Tedore was a member of the elite them when they return home. Veterans court gress face today is: Will we continue First Special Service Force that be- provides the structure and support to ad- the policies of middle class economics, came renowned for their missions in dress the unique needs of combat veterans which are designed to benefit working Italy and southern France in World who find themselves in the criminal justice families and moderate income Ameri- War II. system. It is our duty to thank our veterans Mr. Tedore was in Washington, D.C., by offering help as they readjust to civilian cans, or are we going to regress to the life. policies of trickle-down economics, yesterday—in the great Capitol Build- which have failed middle class Ameri- ing here—along with nearly 40 of his I am proud to be an original cospon- cans time and time again? fellow veterans, known as the Devil’s sor of the SALUTE Act, and I want to I am in my second term. When I first Brigade, to receive the prestigious Con- thank, again, Congressman MEEHAN for got to the Congress, I assumed that gressional Gold Medal, which is the introducing it. When the time comes, I trickle-down economics was dead, highest honor Congress can bestow encourage my colleagues to full- doomed by the fact that it has failed upon civilians. For the men of the Dev- heartedly support the SALUTE Act. It over and over again. Apparently, it has il’s Brigade, this is an honor highly de- is commonsense legislation that will been revived. served. John Tedore—this hero, this help our Nation’s heroes. In its most recent incarnation, House Iowan—stood for all of those who could f Republicans would like to drop the top not be here so that they may never be tax rate from 39.6 percent on the forgotten for their selfless and heroic IN SUPPORT OF THE PRESIDENT’S wealthiest Americans all the way down service. FISCAL YEAR 2016 BUDGET to 25 percent. Their argument is: We must never forget those who an- The SPEAKER pro tempore. The ‘‘Don’t worry, everybody is going to swered the call to serve to protect our Chair recognizes the gentleman from benefit.’’ But that hasn’t worked in the rights and our liberties and to make New York (Mr. JEFFRIES) for 5 minutes. past. In fact, I am convinced that mid- this a safer world for this Nation and Mr. JEFFRIES. Mr. Speaker, I rise dle class economics is far more pref- the cause of freedom. today in full support of President erable to trickle-down economics, To John Tedore and your fellow Obama’s fiscal year 2016 budget. which, as it relates to the middle class, members of the Devil’s Brigade, from a It is a budget that is firmly rooted in simply means you may be lucky to get grateful nation and from this grateful middle class economics, designed to a trickle, but you are guaranteed to Iowan, congratulations on this highest benefit working families and middle-in- stay down. That is what the record of honors, and God bless you. come Americans. It is a budget that says. f will facilitate access to quality, afford- Bill Clinton inherited a recession. able child care and will dramatically The top tax rate on high-income earn- THE NEXT AMERICAN CENTURY expand prekindergarten education in a ers was 31 percent. He raised it to 39.6 The SPEAKER pro tempore. The way that will allow the children of percent, and the purveyors of trickle- Chair recognizes the gentleman from middle class Americans to get off to a down economics predicted economic Pennsylvania (Mr. BRENDAN F. BOYLE) faster start in life. doom and gloom. What happened when for 5 minutes. President Obama’s budget, with the President Clinton focused on the mid- Mr. BRENDAN F. BOYLE of Pennsyl- full support of House Democrats, will dle class? More than 20 million jobs vania. Mr. Speaker, I rise to speak also address wage stagnation. It is de- were created. He then handed over a briefly about two aspects of the Presi- signed to put more income—more budget surplus to President Bush and dent’s budget that really struck me money—in the pockets of middle class his coconspirators in the Congress, and and a number of my constituents in Americans and of those who aspire to like drunken sailors, they blew that Philadelphia and Montgomery County be part of the middle class. It will ad- budget surplus on failed wars in Iraq as so important. dress the fact that, since the early and Afghanistan and on a tax cut that As a new Member, it has been a spe- 1970s, the productivity of the American disproportionately benefited the cial honor to be serving in this Cham- worker has increased consistently, yet wealthy and the well off. Did trickle- ber, and I have had a few incredibly middle class wages have remained stag- down economics work when they special moments that all Americans nant. That is a systematic problem dropped the top tax rate to 35 percent? can identify with. One is the swearing- that President Obama, Leader PELOSI, No. During the Bush Presidency, in of a new Congress, something that and House Democrats are determined 650,000-plus jobs were lost. dates back to right after our First Con- to address on behalf of the middle President Obama inherited this eco- gress was sworn in right after the U.S. class. nomic mess, and in partnership with Constitution was signed in Philadel- President Obama’s budget is also de- Democrats in the House and in the phia. One of those other moments—a signed to increase the affordability of a Senate, he renewed his focus on the constitutionally mandated moment—is

VerDate Sep 11 2014 00:16 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.004 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H762 CONGRESSIONAL RECORD — HOUSE February 4, 2015 when the President comes to Congress RECESS WELCOMING REVEREND DEAN to give a report on the state of the The SPEAKER pro tempore. Pursu- CURRY Union from time to time, as the Con- ant to clause 12(a) of rule I, the Chair The SPEAKER. Without objection, stitution says. declares the House in recess until noon the gentleman from Washington (Mr. Sitting right here in this Chamber today. KILMER) is recognized for 1 minute. and hearing President Obama speak Accordingly (at 10 o’clock and 28 There was no objection. about the state of our Union would be minutes a.m.), the House stood in re- Mr. KILMER. Mr. Speaker, I rise to exciting in any year, in any cir- cess. honor today’s guest chaplain, Reverend cumstance, but it was especially this f Dean Curry, from Tacoma, Wash- year because, for the first time in 6 ington. 1200 years—after the deepest and darkest b We are blessed to have such a re- recession in almost a century—we have AFTER RECESS markable pastor with us today who is a turned the page. After 6 rather difficult The recess having expired, the House leading figure in the region that I rep- years of digging our way out of a ditch, resent. Reverend Curry’s Life Center we now can build a foundation to move was called to order by the Speaker at noon. Church in Tacoma is a vibrant place forward. With that, there were two where folks young and old come for areas specifically that the President f worship. focused on. PRAYER He knows what it means to give back One was a universal college edu- to your community. Each month, he Reverend Dean Curry, Life Center cation. As the first of my family to go brings together civic and elected lead- Church, Tacoma, Washington, offered to college, I know I wouldn’t have had ers in Tacoma for a faith breakfast, the following prayer: the opportunities that I have had in and volunteers from his church are al- Father, what an honor it is to be in life without having a higher education. ways helping out those going through Your presence here today. We celebrate I needed a combination of scholarships hard times. this morning what You have done and student loans and every sort of The motto of his church sums up his through the United States of America. work-study job imaginable to get work pretty remarkably: ‘‘It’s all We acknowledge the hand of provi- there, as well as help from parents and about the people.’’ That is why it is fit- dence in our history and the force of even grandparents. That is a story ting to have Reverend Curry here inspiration for our future. similar to so many working and middle today. Like the United States House of Be with us here now most signifi- class Americans, but for too many Representatives, his mission is to serve cantly in our present that we could see Americans today the cost of a higher the people. education is simply unaffordable. what others do not see, that we could do what others fear to do, so that we Reverend Curry is an example of how The question is: Do you go without it could change what others are afraid to we should do more to listen, respect, at all even though two-thirds of the change. and understand one another better so jobs by the end of this decade will re- We are reminded that we are so small we can leave a place for future genera- quire some form of a higher education? and You are so big. Our problems are tions where opportunities are available Do you just forgo a higher education daunting, and our responsibilities are for everyone. altogether, or do you take on tens of many. But we look to You today, to Reverend Curry has also led humani- thousands in student loans and then be Your principles and to Your goodness, tarian missions to troubled regions burdened with paying back that debt that we could be everything You de- like Iraq and Afghanistan to offer as- upon graduation? Either scenario is far signed for us to be, that we could do ev- sistance and hope to those suffering from ideal. erything You planned for us to do, that through tragedies. He is someone who What the President said—and I com- others may be free. ‘‘walks the walk’’ when it comes to pletely agree—is let’s make 2 years of Today, may every decision made, fighting for equality, religious free- community college universal and free every plan contemplated, be sprinkled dom, and social justice both in his in this country. Now, that may be un- with Your grace and be inspired from community and around the world. thinkable today. 100 years ago, it was Heaven. Change us; change our minds Whether he is listening to stories in unthinkable that a free, fully funded and our hearts that we may change our refugee settlements or helping out with high school education would be uni- destiny and the destiny of others both a national prayer breakfast, his pas- versal. Yet, for us, that is the reality here and around the world. sion for others shines through, and it is today. It would be unthinkable for I pray all of this with respect to all an honor to welcome him today. Americans of my age and even of an faiths in the name of Jesus of Naza- older age to imagine a time in which reth. f high school was not universal. Let’s Amen. get there with 2 years of a college edu- f COMMUNICATION FROM THE cation. CLERK OF THE HOUSE The second area the President fo- THE JOURNAL cused on was the child care tax credit. The SPEAKER pro tempore (Mr. The SPEAKER. The Chair has exam- FLEISCHMANN) laid before the House the For so many working families and ined the Journal of the last day’s pro- young families, affording child care is following communication from the ceedings and announces to the House Clerk of the House of Representatives: simply unaffordable. We have an oppor- his approval thereof. OFFICE OF THE CLERK, tunity through this budget to change Pursuant to clause 1, rule I, the Jour- that, to build on the successes of the HOUSE OF REPRESENTATIVES, nal stands approved. Washington, DC, February 4, 2015. last 6 years and to finally prepare to f Hon. JOHN A. BOEHNER, make this century the second Amer- The Speaker, House of Representatives, ican Century. Ensuring that we have PLEDGE OF ALLEGIANCE Washington, DC. good, high-quality, affordable child The SPEAKER. Will the gentle- DEAR MR. SPEAKER: Pursuant to the per- care is vital to this middle class. mission granted in Clause 2(h) of Rule II of woman from Indiana (Mrs. WALORSKI) The reason the last century was the the Rules of the U.S. House of Representa- come forward and lead the House in the tives, the Clerk received the following mes- American Century was that we had the Pledge of Allegiance. sage from the Secretary of the Senate on largest and most productive middle Mrs. WALORSKI led the Pledge of February 4, 2015 at 9:22 a.m.: class in the world. Access to higher Allegiance as follows: Appointment: education and access to child care are I pledge allegiance to the Flag of the Commission on Security and Cooperation two necessary ingredients in making United States of America, and to the Repub- in Europe (Helsinki). sure we have a strong and vibrant mid- lic for which it stands, one nation under God, United States Senate Caucus on Inter- dle class in the 21st century. indivisible, with liberty and justice for all. national Narcotics Control.

VerDate Sep 11 2014 02:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.005 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H763 With best wishes, I am We need these investments in Chi- Today, Members of Congress will Sincerely, cago where we have got a century-old stand together, Democrats and Repub- KAREN L. HAAS. transit system that needs updates to licans, in red to send a message to the f keep up with increased capacity. By Nation that as colleagues, we can stand ANNOUNCEMENT BY THE SPEAKER the way, the Chicago Transit Author- and celebrate the American Heart As- PRO TEMPORE ity carries more people in a month sociation and its Go Red for Women than Amtrak does in a year. We also campaign. The SPEAKER pro tempore. The need 1,000 miles of roads to be repaired, Mr. Speaker, working together, we Chair will entertain up to 15 requests and 675 bridges are structurally defi- will make a difference. for 1-minute speeches on each side of cient or functionally obsolete. f the aisle. Our crumbling infrastructure is slow- RECOGNIZING BILLY KIRKBRIDE f ing economic growth, and without seri- ous long-term investments, we simply (Mr. STEWART asked and was given RECOGNIZING THE SAFE FEDERAL permission to address the House for 1 CREDIT UNION 60TH ANNIVERSARY will not be able to compete in today’s global economy. minute.) Mr. STEWART. Mr. Speaker, I stand (Mr. WILSON of South Carolina The President outlined his 21st cen- here today to recognize a true Amer- asked and was given permission to ad- tury infrastructure plan this week. ican hero, Utah veteran Billy dress the House for 1 minute and to re- Now, it is time for Democrats and Re- Kirkbride, who was just awarded the vise and extend his remarks.) publicans in Congress to work together Mr. WILSON of South Carolina. Mr. Congressional Gold Medal. on the long-term transportation bill Billy joined the Army in 1942, and he Speaker, congratulations to SAFE Fed- the American people are asking for. eral Credit Union which on January 14 was chosen to be part of the unique celebrated the 60th anniversary of its f program called the First Special Serv- Federal charter. MILITARY SEXUAL TRAUMA ice Force which was the forerunner of In January 1955, 15 civilian employ- BENEFICIARY TRAVEL ACT today’s Special Forces. It was here ees at Shaw Air Force Base organized (Mrs. WALORSKI asked and was that he became a member of the very the SAFE Federal Credit Union. given permission to address the House elite Devil’s Brigade. The Congressional Gold Medal is Throughout the years, SAFE’s mem- for 1 minute and to revise and extend awarded to those who have performed bership has expanded to nearly 500 ad- her remarks.) amazing feats leaving permanent im- ditional groups and eight underserved Mrs. WALORSKI. Mr. Speaker, I rise pacts upon American culture and his- communities. SAFE, headquartered in today after listening to the stories of tory. As a former Air Force pilot, I Sumter, South Carolina, is now the veterans and their families. It is very know the sacrifice and the dedication largest credit union serving the South apparent the VA is not doing enough to that it takes to become one of Amer- Carolina Midlands with 108,000 mem- help victims overcome the physical and ica’s elite warriors. bers and $903 million in assets. psychological pain of military sexual I am grateful for the work of SAFE’s It is an honor to stand here today not trauma. just before the American people, but employees who have developed a rep- This week, I introduced H.R. 642, a before his lovely wife and daughters to utation of exemplary service, knowl- bill that would make victims of mili- pay tribute to the sacrifice and dedica- edge, and trust under the leadership of tary sexual trauma eligible for VA tion that Billy showed through his SAFE’s CEO and president, Beverly travel benefits. Those who fight for our Gagne. They have also been on the cut- service to this great Nation. freedom have faced enough challenges He doesn’t just represent the ting edge of fraud prevention which is along the way. Expecting them to pay strength of the Armed Forces, he rep- critical as we address new cyber cases for their own travel to receive care or resents American values that continue of crime. treatment for the sexual trauma they to make our Nation great, and millions With their professionalism in lending endured by serving our country is un- of us are grateful for his service. practices, members have created many fair. opportunities and prompted thousands I am grateful today to work with f of new jobs. I know firsthand as a real Representative KUSTER, Representative PASS A VETERANS JOBS BILL estate attorney closing loans for COFFMAN, and Representative RUIZ on (Ms. KELLY of Illinois asked and was SAFE. this important legislation, and I am given permission to address the House In conclusion, God bless our troops, hopeful it is a step in the right direc- for 1 minute.) and may the President by his actions tion by helping veterans access much- Ms. KELLY of Illinois. Mr. Speaker, never forget September the 11th in the needed care. today, I rise on behalf of the many Illi- global war on terrorism. I encourage support for H.R. 642. nois veterans that I represent and their Our prayers for the people of Jordan f families to draw attention to the high as the latest victims of terrorism. rate of veteran unemployment in GO RED FOR WOMEN CAMPAIGN f America. After fighting for our Nation, (Mrs. BEATTY asked and was given far too many military heroes are being INVESTING IN OUR permission to address the House for 1 INFRASTRUCTURE forced to fight for a job here at home. minute and to revise and extend her re- Despite many veterans having the (Mr. QUIGLEY asked and was given marks.) leadership skills and work ethic that permission to address the House for 1 Mrs. BEATTY. Mr. Speaker, I rise businesses are looking for, the unem- minute and to revise and extend his re- today in support of Go Red for Women. ployment rate for post-9/11 veterans is marks.) More than 600,000 women’s lives have 6.9 percent, far higher than the na- Mr. QUIGLEY. Mr. Speaker, infra- been saved from heart disease since Go tional average of 5.6 percent. structure investment is key to growing Red for Women was created in 2004, but I am committed to reducing veteran our economy and creating jobs which is heart disease still remains the number unemployment and helping our heroes why President Obama committed to a one killer for women and men and find quality work. Last week, I re- 40 percent increase in infrastructure causes more deaths than all forms of leased an updated edition of my vet- funding in his budget released this cancer. erans resource guidebook to help our week. As a National Heart Association veterans get the benefits they have Despite the fact that every billion Board member, one of Columbus, earned and employment resources to dollars invested in infrastructure cre- Ohio’s first Go Red chairs, and a mem- get them and their families back in the ates 30,000 jobs, over the past 50 years, ber of the Congressional Heart Caucus, workforce, but we need to do more. our investment in infrastructure has I rise today to recognize survivors, I urge my colleagues to work with shrunk by half. Meanwhile, China is in- those battling with heart disease, and me to pass a veterans job bill to put vesting four times as much as we do in those who are fighting and working to the half million unemployed veterans transportation. find cures and improve treatments. back to work.

VerDate Sep 11 2014 00:16 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.002 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H764 CONGRESSIONAL RECORD — HOUSE February 4, 2015 BENEFICIARY TRAVEL FOR VET- dence shows—that research investment Barbour, who broke so many barriers ERANS SEEKING TREATMENT OR creates jobs, promotes innovation, and at a time when women and African CARE FOR MILITARY SEXUAL increases economic development. That Americans faced so many obstacles, TRAUMA means more jobs. I hope that the Re- but she still worked hard to live the (Mr. COFFMAN asked and was given publicans will support the President’s American Dream. permission to address the House for 1 budget. f minute and to revise and extend his re- f PRESIDENT OBAMA’S FISCAL marks.) HAROLD EATMAN YEAR 2016 BUDGET PROPOSAL Mr. COFFMAN. Mr. Speaker, today, I join my colleagues as we address one of (Mr. PITTENGER asked and was (Mr. THOMPSON of Pennsylvania the challenges within Veterans Af- given permission to address the House asked and was given permission to ad- fairs—our goal: ensuring our veterans for 1 minute and to revise and extend dress the House for 1 minute and to re- are provided the best possible care to his remarks.) vise and extend his remarks.) Mr. PITTENGER. Mr. Speaker, I rise heal from the wounds associated with Mr. THOMPSON of Pennsylvania. today to honor Harold Eatman of Mat- being a victim of military sexual trau- Mr. Speaker, while I am very proud to thews, North Carolina, who is a 99- ma. represent Punxsutawney, Pennsyl- As has been noted by the Veterans year-young brave patriot who volun- vania, we woke up on Groundhog Day Affairs inspector general, obtaining teered for the 82nd Airborne at the to a budget proposal that feels like the travel authorization to the most appro- start of World War II because he want- infinite loop—loaded with the same priate clinics to address the specialized ed a tough assignment. tax-and-spend policies that have not Mr. Eatman is one of the few para- care required of military sexual trau- worked for the President or for the troopers to make all four World War II ma victims has been an obstacle. This American people. jumps—into Sicily, Italy, Holland, and bill, H.R. 642, will take care of that. The President’s budget proposal is a The bottom line is that victims of Normandy. For his bravery in helping hard left U-turn that attempts to undo to liberate France from Nazi brutality, military sexual assault trauma should the three consecutive years of more re- the French Government on Tuesday be able to obtain the specific care nec- sponsible, less discretionary spending. awarded Mr. Eatman the prestigious essary to address their individual needs While Congress only has the power of Legion of Honor medal, an award cre- and not be trapped by a bureaucracy the purse, this budget altogether ig- ated by Napoleon. that fails to give them access to treat- nores our staggering national debt, Mr. Eatman’s dedication extends be- ment because it cannot reconcile how which is more than $18.1 trillion. yond the battlefield. Following his dis- to pay for travel to get to and from a Despite $2.1 trillion in proposed tax charge after World War II, he volun- treatment facility. increases, President Obama’s budget teered for another year’s Active Duty Please join me and my colleagues as never balances—ever. Since 2009, $7.5 to help escort the bodies of fallen sol- we stand up for veterans who are vic- trillion has been added to the national diers as they were returned home. tims of military sexual trauma and en- Please join me in thanking Harold debt, and expenditures amount to more able them to obtain the treatment that Eatman for his bravery and sacrifice in than $21.1 trillion. The President’s they need. fighting for freedom—an exemplary ex- budget request recommends adding a f ample of the Greatest Generation. staggering additional $8.5 trillion to the debt. 1215 b f Mr. Speaker, we need smart budg- PRESIDENT OBAMA’S FISCAL MS. WALTER BARBOUR, A TRUE eting to fund our priorities without YEAR 2016 BUDGET PROPOSAL TRAILBLAZER doing harm to families, small busi- (Mr. PALLONE asked and was given (Mr. VEASEY asked and was given nesses, and future generations. The permission to address the House for 1 permission to address the House for 1 American people deserve no less. minute.) minute and to revise and extend his re- f Mr. PALLONE. Mr. Speaker, Presi- marks.) THE PRESIDENT’S BUDGET dent Obama’s budget proposal for fiscal Mr. VEASEY. Mr. Speaker, I rise year 2016 lays out a fiscally responsible today to honor the life of a true trail- (Mr. CICILLINE asked and was given plan to invest in our future and makes blazer, Ms. Walter Barbour—the first permission to address the House for 1 sure that hardworking Americans are Black woman to serve on the Fort minute.) able to benefit from an economy that is Worth City Council. Mr. CICILLINE. Mr. Speaker, this finally improving. I am particularly Just like many of the constituents I week, President Obama unveiled his pleased that the President is com- serve, Ms. Barbour was a product of the fiscal year 2016 budget, which outlines mitted to making strategic invest- segregated I.M. Terrell High School in his funding priorities for the year ments in our Nation’s research and de- Fort Worth. Ms. Barbour graduated ahead. velopment. from I.M. Terrell in 1937 and went on to This proposal builds on the economic The budget invests $146 billion for earn her bachelor’s degree from Prairie progress we have made by properly fo- R&D across the Federal Government, View A&M University and her master’s cusing on middle class initiatives, and which is a 6 percent increase. The degree from Atlanta University in it supports initiatives that create jobs, budget provides for $7 billion in clean Georgia. educate young people, increase access energy funding throughout the Federal Ms. Barbour served on the Fort to affordable child care, repair our Government and $2.4 billion to further Worth City Council from 1977 to 1979. crumbling roads and bridges, and keep advance manufacturing technologies. During her tenure on the council, she communities safe—all to ensure that This funding improves our scientific advocated for a health clinic that now the American economy works for ev- knowledge, creates technologies with sits in the Stop Six community, which eryone and that recovery reaches all widespread benefits, and strengthens is where she lived; for summer food Americans. U.S.-global competitiveness. programs for low-income children; for The President’s proposal is a strong The budget also makes investments recreational facilities for the commu- starting point for Congress to work to- in public health, including $31 billion nity; and she cleared the way for the gether to produce a smart and sensible for the National Institutes of Health, first fire station in the Stop Six- budget that reflects the priorities of which is a $1 billion increase over the Eastwood area on Ramey Avenue and working Americans, that keeps our 2015 level, and $1.2 billion across sev- Edgewood Terrace. country safe and our economy growing. eral agencies to combat antibiotic re- Ms. Barbour is survived by her I urge my Republican colleagues to sistant bacteria, for advanced precision daughter, Hollie; her son, Robert drop their misguided proposals that medicine, and for targeted therapies Barbour, Jr.; as well as two grand- benefit special interests, that repeal for patients. children. the Affordable Care Act, and that re- I mention all of these, Mr. Speaker, I ask my colleagues to join me today strict women’s health care decisions, because I do believe—and every evi- in honoring a true legend, Ms. Walter and to focus instead on a bipartisan

VerDate Sep 11 2014 00:16 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.008 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H765 budget agreement that ensures all Iraq, we have seen the brutality of Is- Absent a valid medical reason for ex- Americans share in our country’s grow- lamic extremism to an extent pre- clusion, vaccines are critical for every ing recovery and that makes the right viously unimaginable. man, woman, and child in our coun- investments for our future. In just the last week, ISIL beheaded try—period. f two Japanese citizens and revealed f that a Jordanian pilot had been burned TAXPAYERS RIGHT-TO-KNOW ACT alive in a cage. This is why it is more NATIONAL CANCER PREVENTION (Mr. WALBERG asked and was given critical than ever that we support our DAY permission to address the House for 1 moderate allies in the region and (Mr. BENISHEK asked and was given minute.) praise their efforts to protect religious permission to address the House for 1 Mr. WALBERG. Mr. Speaker, I rise minorities. minute and to revise and extend his re- today because I believe the American In Egypt, President el-Sisi recently marks.) people deserve to know how their hard- became the first modern leader in the Mr. BENISHEK. Mr. Speaker, I rise earned tax dollars are spent. That is country’s history to visit a Coptic today to highlight the important why I introduced the Taxpayers Right- Christian church on Christmas Eve. health care issues surrounding the Na- to-Know Act. The cathedral he visited had been at- tional Cancer Prevention Day. Congress is known for its complex tacked just 2 years earlier by Islamic This day is an opportunity for health bills, but this one is pretty simple. It extremists. By contrast, in regions care providers, policymakers, and requires each Federal agency to pro- controlled by ISIL, groups that have other community leaders to educate vide taxpayers an annual report card of lived in the same community for more people on the healthy activities and be- what they are doing with the money than 1,000 years have been killed or haviors that can prevent this disease. they have been given. With a govern- have fled for their lives. While we learn more and more every ment this large it is no secret we have We must never forget that the mis- year about how to best treat cancer, waste and duplication. By better track- sion of the extremists is not regional more must be done to focus on pre- ing government spending, we can look but global dominance, and it is aimed venting cases from ever occurring. back and identify the outdated pro- at all who refuse to submit to their Today is a reminder to patients to grams that should be eliminated or harsh interpretation of their religion. make it their business to learn of ac- streamlined to save money. We must stand together with leaders tivities and behaviors to decrease the As the people’s representatives, we like the King of Jordan and the Presi- incidence of this disease. are here to be responsible stewards of dent of Egypt, who speak up and act to As a doctor who treated patients in their tax dollars, and this bipartisan defeat Islamic extremism, and give northern Michigan for over 30 years, I bill is a good start to stopping wasteful them our strong support. am far too familiar with the dev- spending. f astating impact that cancer has on f VACCINATIONS countless lives every day. I hope that all of my colleagues in the House and CAMPAIGN FINANCE (Mr. FOSTER asked and was given permission to address the House for 1 the Senate will join me in the 114th (Mr. CARNEY asked and was given minute and to revise and extend his re- Congress to remember the victims of permission to address the House for 1 marks.) cancer, to honor its survivors, and to minute and to revise and extend his re- Mr. FOSTER. Mr. Speaker, once do everything in our power to prevent marks.) again, our country is seeing the dan- future cases of this disease. Mr. CARNEY. Mr. Speaker, I rise gerous effects of failing to listen to f today to urge my colleagues to pass science. PROVIDING TRAVEL BENEFITS legislation that limits the role of In 2000, the United States had effec- money in politics. Since the Citizens FOR VICTIMS OF MILITARY SEX- tively eliminated endemic measles—an UAL TRAUMA United decision in 2010, the role of effort 40 years in the making—but all fundraising and spending in political of that progress is quickly coming un- (Ms. KUSTER asked and was given campaigns has gotten even more out of done, not by an act of nature but by permission to address the House for 1 control than it was before. willful ignorance. minute.) That is why I introduced a constitu- Last year, there were 644 cases of Ms. KUSTER. Mr. Speaker, today, I tional amendment, H.J. Res. 24, which measles in the United States—the am proud to again partner with my col- allows Congress and the States to rein highest number in 20 years. Already league JACKIE WALORSKI from Indiana in campaign contributions. It is also this year, there have been 102 cases in to reintroduce legislation to extend why I cosponsored the DISCLOSE Act, 14 States, including in my home State veterans’ travel benefits to veterans the Government By the People Act, of Illinois. who are traveling to seek treatment and the democracy for all amend- This is a dangerous game and one for injuries resulting from sexual trau- ment—all designed to limit the influ- that some elected officials are encour- ma in the military. ence of money in our political system. aging. As leaders, it is our duty to in- It is an honor to serve with Mrs. The American people need to know form the public of the truth. For those WALORSKI on the Veterans’ Affairs that their elected officials are here to of us with scientific and medical back- Committee—one of the most bipartisan serve them and not big campaign con- grounds, this duty falls even more seri- committees in the House—and it is a tributors. The overwhelming amount of ously. privilege to work with all of our col- money spent on campaigns weakens When you fail to vaccinate, it is not leagues, Republicans and Democrats, in people’s faith in our political system. just yourself and your children that service to our Nation’s veterans. We Mr. Speaker, I urge House leadership you are putting in danger; it is every- must ensure that victims can access to take up legislation to address this one you come into contact with. And the high-quality care that every vet- issue. We need to change our laws to when politicians give voice to misin- eran is guaranteed when he or she joins get money out of politics and to keep formation and paranoia, they are put- the military. our focus where it belongs—doing the ting us all at risk. The occurrence of sexual trauma in right thing for the American people. Measles may not spread as fast as er- the military is outrageous enough, but f roneous sound bites and tweets, but it is something our brave servicemen they both have the potential to cause a and -women should never be forced to SUPPORTING OUR ALLIES great amount of damage. experience. What is even worse is that (Mr. PITTS asked and was given per- I know that many of my colleagues many survivors of military sexual mission to address the House for 1 have reminded us that they are not sci- trauma have trouble accessing the minute and to revise and extend his re- entists as they use this as an excuse for physical and mental health services marks.) their advocacy of bad public policy, but they need when they return home be- Mr. PITTS. Mr. Speaker, with the it does not take a scientist to realize cause the VA does not provide travel rise of ISIS—or ISIL—in Syria and that opposing vaccines is wrong. benefits to all victims of MST.

VerDate Sep 11 2014 00:16 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.010 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H766 CONGRESSIONAL RECORD — HOUSE February 4, 2015 This legislation is a great first step initiative, which provides scholarships Many of us in the House have offered in further protecting the thousands of to the young girls that escaped Boko a bipartisan bill similar to the Senate’s servicemen and -women who are sur- Haram. with better border enforcement provi- vivors of military sexual violence. I I am working to support these brave sions, but hard-line, rightwing extreme urge its swift passage. young girls who, despite the horrors provisions have hamstrung any action f they witnessed, maintain dreams of on these bills. success. They still want and deserve an As a result of the intolerable con- b 1230 education. gressional inaction, the President has HONORING ANDY CREWS Mr. Speaker, we have to support the issued executive orders to protect folks victims of Boko Haram just like we who have immigrated to this country (Mr. GUINTA asked and was given support the victims of other terrorist and been productive members of soci- permission to address the House for 1 groups. ety and the economy. This executive minute and to revise and extend his re- Mr. Speaker, we have to continue to action merely prioritizes deportations marks.) tweet so that the world will know and for individuals who harm or pose a Mr. GUINTA. Mr. Speaker, I rise understand that we are supporting threat to our society. today to honor a constituent and friend those victims. Tweet My hope had been that this action who was recently named the 2015 Time #BringBackOurGirls and would spur comprehensive immigration Magazine Dealer of the Year. Andy #JoinRepWilson. Tweet, tweet, tweet. reform. Instead, House Republicans Crews, president and CEO of AutoFair, f now play games with the Department is one of the Nation’s most successful of Homeland Security’s appropriations auto dealers, with seven stores and 600 HONORING CAROL MANNING and put us all at risk. (Mr. MCCLINTOCK asked and was employees in the Granite State and the It is time to act. Commonwealth of Massachusetts. given permission to address the House Not only is Andy a natural business for 1 minute.) f leader, he is also an outstanding public Mr. MCCLINTOCK. Mr. Speaker, on NOW IS THE TIME FOR servant. He has served in the United March 28, the Orange County Alz- IMMIGRATION REFORM heimer’s Association will honor four States Marine Corps and constantly (Mr. POLIS asked and was given per- gives back to the future leaders of our individuals for their extraordinary con- tributions to advancing research and mission to address the House for 1 communities. minute and to revise and extend his re- In addition to donating proceeds of providing care for this debilitating dis- ease. One of them is Carol Manning, marks.) auto sales to help feed the needy Mr. POLIS. Mr. Speaker, now is the around Thanksgivingtime, Andy has and I would like to add my voice to the chorus of praise for her philanthropic time for immigration reform. Our Na- spearheaded a program to motivate tion is already beginning to see some of high school seniors in Manchester, New work. I first met Carol 35 years ago. She the great economic benefits of the Hampshire, to excel in their classes for and Everett were struggling to raise a DACA and DAPA programs, which I a chance to win a car. family and make ends meet, and yet vow to do my best to protect here as Andy also works closely with the she still made time to volunteer for we go through the Department of New Hampshire community technical many civic endeavors. Today, Carol is Homeland Security appropriations colleges to ensure students are receiv- president and CEO of TMS, Inc., Print process. ing the best education and training to Systems, a $30 million enterprise. And, The true benefits of immigration re- become the next generation of trained yes, she and Everett did build that form—which, according to the Congres- auto technicians. business from scratch with a lot of long sional Budget Office, are over $200 bil- It is people like Andy Crews who hours and hard work and personal sac- lion in deficit reduction, finally secur- make me beyond proud to call myself a rifice. ing and establishing security on our Granite Stater. His commitment and Carol still puts in those long hours, border, implementing mandatory passion to the auto industry and our and yet she still makes time for so workplace enforcement to prevent peo- communities are beyond deserving of many worthy causes, Alzheimer’s re- ple who are here illegally from under- the 2015 Time Magazine Dealer of the search being just one. On behalf of all mining the job market for Americans, Year award, and I wish him continued of the people whose lives she has made and creating over 150,000 jobs for Amer- success. better, I am honored to say thank you, ican citizens—can only be recognized if f Carol Manning. this body takes action and passes im- migration reform. WE MUST NOT NEGLECT BOKO f We had a bill last session that would HARAM MILLIONS OF AMERICANS WAIT have passed the floor of the House, and (Ms. WILSON of Florida asked and PATIENTLY FOR IMMIGRATION it already passed the Senate. We begin was given permission to address the REFORM anew. Rather than living in this House for 1 minute.) (Mr. SCHRADER asked and was Groundhog Day of repetitious repeals Ms. WILSON of Florida. Mr. Speaker, given permission to address the House of ObamaCare, let’s move forward on last April I was horrified when hun- for 1 minute and to revise and extend something that creates economic dreds of girls were kidnapped by Boko his remarks.) growth, jobs for Americans, and re- Haram in Nigeria because they at- Mr. SCHRADER. Mr. Speaker, the duces our deficit. It is called immigra- tended school. House of Representatives has had 4 tion reform. To this day, Boko Haram continues years to bring an immigration bill— f their reign of terror. In early January, any immigration bill—to a vote and thousands of Nigerians were slaugh- yet has failed to do so. PROVIDING FOR CONSIDERATION tered by these terrorists; and these at- Oregon businesses, labor, farmers, OF H.R. 527, SMALL BUSINESS tacks continue, with thousands and farmworkers, faith-based groups, and REGULATORY FLEXIBILITY IM- thousands of civilians killed since then human rights advocates have all pa- PROVEMENTS ACT OF 2015, AND as well. tiently waited for comprehensive im- PROVIDING FOR CONSIDERATION With all of the attention focused on migration reform. So have millions of OF H.R. 50, UNFUNDED MAN- ISIS and al Qaeda, do not continue to Americans and people all across this DATES INFORMATION AND neglect this issue. Mr. Speaker, we can Nation as they wait for their legal sta- TRANSPARENCY ACT OF 2015 not and must not forget about the un- tus to catch up with the realities of Ms. FOXX. Mr. Speaker, by direction speakable horrors being perpetuated by their lives as good and productive of the Committee on Rules, I call up Boko Haram. members of our society. Without com- House Resolution 78 and ask for its im- Mr. Speaker, Black lives matter. prehensive reforms, Oregon businesses mediate consideration. That is why I am supporting the Jubi- are in peril and Oregon families live in The Clerk read the resolution, as fol- lee Campaign’s Education After Escape constant fear. lows:

VerDate Sep 11 2014 01:46 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.011 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H767 H. RES. 78 Committee of the Whole. The bill, as amend- UMRA, legislation designed to prevent Resolved, That at any time after adoption ed, shall be considered as the original bill for the Federal Government from imposing of this resolution the Speaker may, pursuant the purpose of further amendment under the unfunded mandates onto State and to clause 2(b) of rule XVIII, declare the five-minute rule and shall be considered as local governments or private busi- House resolved into the Committee of the read. All points of order against provisions in the bill, as amended, are waived. No fur- nesses without policymakers or the Whole House on the state of the Union for public knowing the cost of such poli- consideration of the bill (H.R. 527) to amend ther amendment to the bill, as amended, chapter 6 of title 5, United States Code (com- shall be in order except those printed in part cies. monly known as the Regulatory Flexibility C of the report of the Committee on Rules. UMRA’s main objective was to force Act), to ensure complete analysis of poten- Each such further amendment may be of- the Federal Government to estimate tial impacts on small entities of rules, and fered only in the order printed in the report, how much unfunded mandates would for other purposes. The first reading of the may be offered only by a Member designated cost local governments and businesses in the report, shall be considered as read, bill shall be dispensed with. All points of and rein in out-of-control mandates. order against consideration of the bill are shall be debatable for the time specified in the report equally divided and controlled by UMRA ensured public awareness of the waived. General debate shall be confined to crushing financial burden of Federal the bill and shall not exceed one hour, with the proponent and an opponent, shall not be subject to amendment, and shall not be sub- 40 minutes equally divided and controlled by mandates on employers and State and ject to a demand for division of the question the chair and ranking minority member of local governments. However, UMRA in the House or in the Committee of the the Committee on the Judiciary and 20 min- has not been amended since 1995, and Whole. All points of order against such fur- utes equally divided and controlled by the some subtle changes are needed to pre- ther amendments are waived. At the conclu- chair and ranking minority member of the sion of consideration of the bill for amend- serve and improve on the Act’s initial Committee on Small Business. After general ment the Committee shall rise and report purposes. debate the bill shall be considered for the bill, as amended, to the House with such amendment under the five-minute rule. It b 1245 further amendments as may have been shall be in order to consider as an original adopted. The previous question shall be con- UMRA was a good bill, but over time, bill for the purpose of amendment under the sidered as ordered on the bill, as amended, some shortcomings became apparent five-minute rule an amendment in the na- and any further amendment thereto to final such that the Clinton and, later, ture of a substitute consisting of the text of passage without intervening motion except Rules Committee Print 114-3. That amend- Obama administrations issued execu- one motion to recommit with or without in- tive orders to fix the loopholes within ment in the nature of a substitute shall be structions. considered as read. All points of order it. against that amendment in the nature of a The SPEAKER pro tempore. The gen- H.R. 50 has bipartisan DNA, Mr. substitute are waived. No amendment to tlewoman from North Carolina is rec- Speaker. It codifies those administra- that amendment in the nature of a sub- ognized for 1 hour. tive fixes championed by Presidents stitute shall be in order except those printed Ms. FOXX. Mr. Speaker, for the pur- Clinton and Obama and promotes good in part A of the report of the Committee on pose of debate only, I yield the cus- government, accountability, and trans- Rules accompanying this resolution. Each tomary 30 minutes to the gentleman parency. such amendment may be offered only in the from Colorado (Mr. POLIS), pending order printed in the report, may be offered As a testament to this fact, the bill which I yield myself such time as I is cosponsored by two of my Demo- only by a Member designated in the report, may consume. During consideration of shall be considered as read, shall be debat- cratic colleagues here in the House, this resolution, all time yielded is for able for the time specified in the report Representatives COLLIN PETERSON and the purpose of debate only. equally divided and controlled by the pro- LORETTA SANCHEZ. I owe them a debt of ponent and an opponent, shall not be subject GENERAL LEAVE gratitude for their efforts in promoting to amendment, and shall not be subject to a Ms. FOXX. Mr. Speaker, I ask unani- this commonsense bill. demand for division of the question in the mous consent that all Members have 5 House or in the Committee of the Whole. All The text of H.R. 50 has passed the legislative days to revise and extend House on a bipartisan basis three times points of order against such amendments are their remarks. in the 112th and 113th Congresses. The waived. At the conclusion of consideration of The SPEAKER pro tempore. Is there bill most recently was favorably re- the bill for amendment the Committee shall objection to the request of the gentle- rise and report the bill to the House with ported by the House Oversight and woman from North Carolina? such amendments as may have been adopted. Government Reform Committee. Any Member may demand a separate vote in There was no objection. Ms. FOXX. Mr. Speaker, House Reso- A common refrain in this business is the House on any amendment adopted in the that ‘‘nobody wants to see how the sau- Committee of the Whole to the bill or to the lution 78 provides for a structured rule amendment in the nature of a substitute providing for consideration of H.R. 50, sage is made,’’ meaning that the proc- made in order as original text. The previous the Unfunded Mandates Information ess of drafting and passing legislation question shall be considered as ordered on and Transparency Act, and H.R. 527, is so ugly that it would repulse people. the bill and amendments thereto to final the Small Business Regulatory Flexi- In this case, I disagree. passage without intervening motion except bility Improvements Act. I am extremely proud of this bill, and one motion to recommit with or without in- Mr. Speaker, every year bureaucrats I am proud of the process by which it structions. in Washington impose thousands of has been advanced in the House. I have SEC. 2. At any time after adoption of this had the pleasure of working with col- resolution the Speaker may, pursuant to regulatory mandates on local govern- clause 2(b) of rule XVIII, declare the House ments and small businesses. Those leagues from both sides of the aisle on resolved into the Committee of the Whole mandates can be costly, stretching city this measure, and I appreciate their House on the state of the Union for consider- and State budgets and making it hard- support and counsel. ation of the bill (H.R. 50) to provide for addi- er for American businesses to hire. The Unfunded Mandates Reform Act tional safeguards with respect to imposing The Unfunded Mandates Information of 1995 was a model for bipartisanship, Federal mandates, and for other purposes. and Transparency Act, H.R. 50, will en- and my hope is that this bill leaves a The first reading of the bill shall be dis- sure that the people who write these similar legacy. I urge all of my col- pensed with. All points of order against con- regulations in Washington know ex- leagues on both sides of this aisle to sideration of the bill are waived. General de- support the rule and the underlying bate shall be confined to the bill and amend- actly what they are asking the Amer- ments specified in this section and shall not ican people to pay and whether the bill. exceed one hour equally divided and con- cost of compliance might make it hard- I reserve the balance of my time. trolled by the chair and ranking minority er for family businesses to meet pay- Mr. POLIS. Mr. Speaker, I thank the member of the Committee on Oversight and roll and stay afloat. gentlewoman, Dr. FOXX, for yielding Government Reform. After general debate H.R. 50 will force Washington to me the customary 30 minutes, and I the bill shall be considered for amendment think carefully about regulatory costs yield myself such time as I may con- under the five-minute rule. An amendment before it passes them on to Americans. sume. in the nature of a substitute consisting of I also express through you my wishes the text of Rules Committee Print 114-4, This bill is about transparency and ac- modified by the amendment printed in part countability and is something Demo- for her recovery, and I also appreciate B of the report of the Committee on Rules crats and Republicans can all support. her patriotism in doing her duty to accompanying this resolution, shall be con- In 1995, Congress passed the bipar- God and country here today despite her sidered as adopted in the House and in the tisan Unfunded Mandates Reform Act, respiratory duress. I hope that goes

VerDate Sep 11 2014 01:46 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.003 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H768 CONGRESSIONAL RECORD — HOUSE February 4, 2015 noted, that she is doing a great job rep- every stakeholder in a rulemaking Yesterday, this body attempted to re- resenting her party on this bill. process has the opportunity to weigh in peal the Affordable Care Act for the Mr. Speaker, I rise in opposition to equally. 56th time. Today, the Republicans are the rule and the underlying bills, the In my State of Colorado, I would be making two attempts at what I con- Unfunded Mandates Information and concerned about the erosion of our pro- sider to be a very similar thing, dam- Transparency Act and the Small Busi- tection of our great natural areas like age the regulatory process at all costs, ness Regulatory Flexibility Improve- Rocky Mountain National Park which which we already did and we are doing ments Act. is a protected site. We celebrated its again. The titles of these bills, while 100th anniversary as a national park They want to see additional red tape lengthy, seem to suggest that somehow just last week. and bureaucracy added—whether it is these efforts are designed to increase In those 100 years, the Rocky Moun- clean air, whether it is clean water, transparency or help small business. tains have been thriving. If you visit whether it is consumers, whether it is Their actual impact is quite frankly the park today, you can find streams, protecting our children—regardless of the opposite. elk, bighorn sheep, and fields of the particular area with which we oper- By allowing rules to be written be- wildflowers; but if we hadn’t des- ate. hind closed doors by big businesses and ignated the park a national treasure Instead of having a cumulative look effectively preventing Federal agencies and created a comprehensive manage- at regulations, we should have a look from promoting the national interests ment plan for its protection, we might at cumulative impacts of all the legis- as they are supposed to and adding ad- very well have lost not only something lation that has been brought before ditional bureaucratic red tape and pa- that relates to our national pride and this body and how that impacts small perwork, these bills represent an as- is beautiful but, frankly, is the eco- businesses and regulations. sault on the health and safety of our nomic driver in Estes Park and Grand Earlier this year, the House passed Nation’s families and threaten to County for much of the economic ac- the Regulatory Accountability Act. drown our government in mountains tivity in and around the National That bill alone added 65 new check- and mountains of unnecessary paper- Park. points to the regulatory process. This work. H.R. 50 would threaten the ability of bill would prevent transparency and I think that the release of the Presi- the National Park Service to create allow big business to weigh in on regu- dent’s budget this week shows a con- the kind of management plan that the lations—before small businesses, before trast between the priorities of both economy has thrived under in my home consumers, before other stakeholders— parties’ agendas. The President’s budg- State of Colorado and in my district. It and add an additional tier and red tape et focused on Main Street, offering new would essentially create a veto power to the regulatory process. ideas for how we can meet the infra- for legislators and interests that don’t We need to move forward with im- structure needs of our country and re- believe in the protection of public proving our regulatory structure. I form our corporate tax system to make lands or are willing to threaten the don’t think there is any disagreement American businesses more competitive. health of our families for enhancement about that. Some of that can be done Unfortunately, what we continue to of their bottom line. There is always through executive action and some in a see here in this body from the Repub- going to be somebody that objects. collaborative, bipartisan way to licans is a ‘‘Groundhog Day’’ scenario Again, we have a thriving tourism streamline the regulatory process to where every day, every week—it is like economy relating to Rocky Mountain reduce hurdles for small businesses the movie—we are talking about the National Park, but I am sure there is while meeting the goals of protecting same thing over and over again. some company somewhere that would the American public. Unfortunately, We have acted on repealing the Af- have some interest that is counter- these bills do neither of those. fordable Care Act 56 times in this body. vailing to the interests of job creation I encourage my colleagues to oppose Here, we are back with another set of in our community, and that is why we the rule and the underlying bills. bills that echo other bills again and need to have a transparent and acces- I reserve the balance of my time. again and again. sible process of listening to stake- Ms. FOXX. Mr. Speaker, I yield my- Now, I understand why many people holders in as expeditious a way as pos- self such time as I may consume. want to do this once and go through it. sible. I want to thank my colleague from People ran on repealing ObamaCare, We need a system that allows the Colorado for his kind comments about and people ran on passing these bills. Fort Collins native who hikes through me and my health. I appreciate all con- Once they are done, we will see what the Rockies every weekend or the New dolences. the other body does. Yorker who visits the snowcapped Mr. Speaker, this resolution also pro- But to keep coming back, rather mountains every spring the ability to vides for consideration of H.R. 527, the than dealing with the critical national participate in protecting those natural Small Business Regulatory Flexibility priorities, I think simply shows a de- resources and the protection of our Improvements Act of 2015, which is im- tachment from reality. That is one of public health. portant legislation to improve the Fed- the reasons the public holds this body We need to listen to the small busi- eral Government’s treatment of small in such low regard. nesses, the hospitality sector, and the businesses. The bill that we considered 2 weeks restaurants and lodges that serve our Ensuring we are providing the best ago added 65 new analytical require- tourism communities, but by allowing environment possible to small busi- ments to the process of rulemaking— an unfair advantage to out-of-State nesses is vital to support a sector more red tape, more hurdles. I think corporate interests, we threaten the which employs nearly half of America’s what we are seeing here today is maybe very principle that makes us Amer- private sector workers and generates 63 that is not enough red tape. We are ican, the ability to participate in our percent of new private sector jobs. now looking at bills that allow big decisions of government at the level As a former owner of a nursery, I business to weigh in before the public, closest to where we are affected. know well the joys and trials of run- creating even more hurdles before reg- H.R. 50 is a dangerous precedent for ning a small business, and I am pleased ulations become public and are imple- policy. It allows additional red tape to that the House is considering these mented. be thrown at government agencies, rep- vital provisions. H.R. 50 would effectively require resenting unnecessary delays and costs Small businesses do not have the agencies to consult with the private that prevent us from creating jobs and staff or background to identify and sector before the public is even made growing our economy. comply with ever-growing piles of red aware of the bill, let alone engaged in We need to move forward with a mid- tape. Federal regulations dispropor- the rulemaking. This blocks trans- dle class agenda for our country rather tionately impact small businesses parency and handicaps public input. than continuing to live in this Ground- which led Congress to enact the Regu- I agree we want to make sure that hog Day scenario of repetitious bills latory Flexibility Act. business has the opportunity to weigh that don’t discuss how to grow our The Regulatory Flexibility Act re- in, but we want to make sure that economy or grow the middle class. quires agencies to account better for

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They have taken advantage of post-9/11 veterans stood at more than 7 gle moms and grandparents and aunts loopholes, failed to acknowledge the percent, substantially higher than the and uncles, all these folks who just entirety of impacts for proposed rules, national rate; and across all age simply say, we are not really as overly and issued rules that continue to harm groups, there were more than 500,000 concerned about what you are doing in small businesses. That failure neces- veterans out of work in 2014. Washington, D.C., as I am concerned sitates our actions this week to con- This is unacceptable. Congress must about what you are doing in Home- sider H.R. 527, the Small Business Reg- do more to meet its commitment to town, USA, where I get up every morn- ulatory Flexibility Improvements Act. these brave men and women. That is ing. This legislation requires Federal why I encourage my colleagues to join It has been said many times, Mr. agencies to consider the potential me and more than 40 of my colleagues Speaker, already this afternoon, and ‘‘economic impact’’ of proposed rules in supporting the Manufacturing Jobs the issue is, we are putting more bur- on small businesses and nonprofits. It for Veterans Act. den and red tape on America. also mandates a 10-year plan to review My bill will establish State-based No. What this bill does—and these all rules determined to have ‘‘a signifi- manufacturing employment programs two bills that I speak in favor of in this cant economic impact on a substantial to provide skills training in manufac- rule, these two bills that we are doing, number of small entities.’’ turing jobs for veterans and service- H.R. 50 and H.R. 527—is actually con- That will ensure past regulations will members who are reentering the work- trolling government. Instead of letting not remain on the books unexamined force. it get in the way and put unnecessary and able to burden small businesses for These pilot programs would support or quicker burdens on those again, we decades. on-the-job training opportunities, ap- are simply saying, Whoa. There is a The legislation also expands ‘‘regu- prenticeships, and certification classes proper place. There is a proper place latory flexibility analysis’’ require- for unemployed veterans; and it will for regulation. There is a proper place ments which are currently used to ex- encourage manufacturers to recruit, for a limited government role that our plain the reasoning behind a proposed hire, and train our Nation’s heroes. Founders made. However, when that role steps over rule, identify duplicative rules, and ex- With as many as 600,000 unfilled man- and begins to not only burden business plain any recordkeeping or other re- ufacturing jobs, we have an oppor- but instead the man or woman who quirements that may be imposed on tunity to connect employers with a wants to get up in the morning and small businesses or other small enti- pipeline of skilled, capable workers. chase a dream of starting a new busi- ties. b 1300 ness, as I once did, when we started a It also requires the Small Business scrapbook store, you know, just to get Administration’s chief counsel for ad- Instead of voting on yet another par- a little bit of money, we were able to vocacy to develop interagency rules for tisan bill, we should be focused on real solutions that help the American peo- do so. conducting flexibility analyses. But others who want to go get a loan, These changes will ensure that future ple, grow our economy, and strengthen they have to go through the bureau- regulations are tailored to minimize the middle class. I urge my colleagues to defeat the previous question so we cratic red tape that is now keeping their impact on small businesses. This them from starting the small business will allow small businesses to spend can take up this important bill and put our veterans back to work. jobs that employ people on a day-to- more of their investments and time day level. We are simply saying, Gov- hiring new employees and growing Ms. FOXX. Mr. Speaker, I yield 5 minutes to the gentleman from Geor- ernment, it is time to take a breath. It their businesses rather than complying is time to step back and see the impact with unnecessary burdens from Federal gia (Mr. COLLINS). Mr. COLLINS of Georgia. Mr. Speak- that you are having. regulations. Granted, some regulation is good. I er, I appreciate that, and I thank my H.R. 527 is a simple, commonsense will give that to my Democratic col- good friend from North Carolina, who, mandate for the executive branch to leagues. But overregulation and bur- as has already been stated on the floor, work together with small businesses densome regulation tears down our is powering through today, standing and design smarter, less burdensome economy. rules that work for the American peo- strong for the values that I think real- So if that is the Groundhog Day ar- ple, and I commend it to my colleagues ly would not be expressed any dif- gument for this week we want to have, for their support. ferently except to say, Mr. Speaker, I will have it every day of the week. Mr. Speaker, I reserve the balance of that there is critical national interest The Members and people who watch my time. here. this floor can see you have a party that Mr. POLIS. Mr. Speaker, if we defeat There is probably today, on the floor, wants to restrict business and jobs and the previous question, I will offer an as we talk about these bills—and yes, government in such a way that it amendment to the rule to allow for it is sort of a Groundhog Day, and I throttles the economy or a party which consideration of legislation that would will get to that in a moment, because is putting forth solutions and will put help veterans make it in America by it seems like every time we, from the forward as many times as we have to to establishing a pilot program to encour- Republican side of the aisle, want to remind the American people that it is age the hiring of veterans in manufac- talk about jobs and kitchen tables and people and small business and jobs, the turing jobs. making better improvements for life everyday Americans who create the To discuss our thoughtful proposal, I and getting rid of regulatory burdens jobs in this country, not government. yield 3 minutes to the gentlewoman that would help or putting controls on A business owner that I just recently from Washington (Ms. DELBENE), a government, we are accused of wanting spoke to had 10 employees, and he said leader on veterans issues. to spoil the environment, kill trees, he was getting ready to hire another Ms. DELBENE. I thank the gen- make flowers not bloom, I mean, what- employee. I said, Well, great. That is tleman for yielding. ever it may be, but the issue, that is great. 10 percent growth. One more em- Mr. Speaker, I urge my colleagues to Groundhog Day. ployee. vote ‘‘no’’ on the previous question so So if people want a true Groundhog He said, But you have got to under- that we can consider my proposal to Day analogy, here is the Groundhog stand. I am having to hire somebody, boost education and job training for Day analogy. The analogy is, when we and all they are going to be doing is our veterans. want to put constraints on government filling out government paperwork. Everyone in this Chamber can agree from interfering and getting in the way In other words, Mr. Speaker, this is that we have an obligation to care for of its proper role of helping business not someone who can go out and sell

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I urge my colleagues to support this ment in the RECORD, along with extra- Let’s get them where they can create very fine effort to make our system neous material, immediately prior to jobs and go out and sell their product, better. the vote on the previous question. do their services. Mr. POLIS. Mr. Speaker, I yield my- The SPEAKER pro tempore (Mr. We have a bank in my area. You are self the balance of my time. AMODEI). Is there objection to the re- talking about unfunded mandates, reg- When you hear the gentleman from quest of the gentleman from Colorado? ulatory rulemaking. A bank in my Georgia or the gentlewoman from There was no objection. area, on their regular regulatory in- North Carolina talk about the intent Mr. POLIS. My colleague, Ms. spection, they were waiting for the behind these bills, they sound great. DELBENE, has offered a concept around bank examiners to come, the folks to We all want a streamlined regulatory a pilot program to encourage the hir- come in and do their audit. process and to help make it more effi- ing of veterans in manufacturing jobs, The problem they had was this: when cient. the type of middle class agenda that the government showed up, they had Unfortunately, when you look at the American public wants this Con- more people coming to inspect their what these bills do, they do the oppo- gress to work on, rather than one that books than they had employed in their site. They add another tier to regula- cuts them out of the very rulemaking main office. And the government agen- tion, with Big Business having a new that is designed to protect us Ameri- cy complained that they did not have say in and above what small businesses cans from our health hazards and pro- enough room for them to do their job. and community members can do. They tect our public lands. I am sorry, Mr. Speaker. It is not up add red tape and legal requirements to I urge my colleagues to vote ‘‘no,’’ to small business to make sure govern- regulation that don’t exist now under defeat the previous question, vote ‘‘no’’ ment can do its job. It is up to govern- statute. on the rule and the underlying bill, and ment to provide the atmosphere so It, again, seems to me like the oppo- I yield back the balance of my time. small business can do its job, and that site of trying to get input so our regu- Ms. FOXX. Mr. Speaker, I yield my- is what we are here about today. lations best affect the needs of each self such time as I may consume. So when we look at this, I urge my community, and we have diverse needs Our colleagues on the other side of colleagues, don’t get sidetracked on across this country. the aisle know that Republicans are other issues. Look at it for what it is. My district is 62 percent Federal not opposed to regulations. We just It is government getting the con- land, so when decisions are made on want regulations to be done right. straint, not the American people. It is Federal land, like a travel manage- These are modest reforms, supported protecting the American people from ment plan, and on where people can by Republicans and Democrats alike. not good legislation, good litigation. It bike and where they can hunt and fish, Some of these changes merely codify is the stuff that we need to work on. we want to have our say. The last thing executive orders issued by the last two So, Mr. Speaker, I state these are we want is some out-of-state corporate Democrat Presidents. good bills. Let’s state it clearly. interest determining in some process Mr. Speaker, as proud as I am of this Groundhog Day is exactly what it is: before we even get our say on how legislation, I realize its passage today for government, or let’s let the people these Federal lands are used. won’t be front-page news. I understand live. It is absolutely critical that we em- that ‘‘Lawmakers Band Together to Mr. POLIS. Mr. Speaker, I reserve power our communities, and this bill Close Technical Loopholes in UMRA’’ the balance of my time. does the opposite in the name of adding isn’t exactly a riveting headline. But Ms. FOXX. Mr. Speaker, I yield 1 more bureaucracy and red tape to the what we are doing here is important. minute to our colleague from Ten- regulatory process, presumably, in an In Congress, we often focus our en- nessee (Mr. DUNCAN). attempt to delay or make it less effec- ergy and attention on those issues that Mr. DUNCAN of Tennessee. Mr. tive than it is. are most divisive and controversial, Speaker, I certainly thank the gentle- Now, we value, as Americans, the and I understand that. There are real, woman from North Carolina for yield- work that the Clean Water Act does, substantive disagreements between the ing this time and for her good work on the Clean Air Act, the EPA, our essen- two parties and among the American this legislation. tial protections around public health. people. I came to the floor today just to tell They are very, very important. And I But Congress must do the hard you a little bit about why I think this think our colleagues agree that they things. Every now and then, we get an legislation is so very important. don’t want to take those on head on. opportunity to do something easy. This When I first came to Congress many But this bill would prevent some of should be easy. Reforms in this bill are years ago, we had a Democratic Gov- those very agencies from doing the low-hanging fruit. ernor of Tennessee, Ned Ray work that we have charged them to do, Some of my colleagues have sugges- McWherter, and he was a fine Gov- keeping our air clean, our water clean, tions for improvement and have offered ernor. He would have the Tennessee and they need to be able to do that amendments to these bills. Great. I congressional delegation to the Gov- work and involve local impact in mak- welcome their suggestions. ernor’s mansion once a year. And he ing sure that they do it in a way that Those amendments will be discussed would always start those meetings protects American health and helps in an open and transparent process. off—every single year he would say: grow our economy and create jobs. Not a single proposed amendment to ei- Please, no more unfunded mandates. We need to make sure that we don’t ther bill, Democrat or Republican, has Please, no more unfunded mandates. have dumping of industrial waste in been excluded by this rule. He said that most of what the State the Colorado River, poisoning millions I hope, Mr. Speaker, that my col- was having to do now were things that of recreational users. We want to make leagues will join me in supporting were required by the Federal Govern- sure that drilling sites don’t use chem- these sensible bills that will enhance ment, and it was causing the States ical compounds that are toxic or cause transparency, accountability, and great financial difficulties, and it was birth defects. awareness of Federal mandates and im- turning what was supposed to be a Fed- We can and we must do better. The prove the Federal Government’s treat- eral system that our Founding Fathers march of science moves forward. If ment of small businesses. envisioned, it was turning it totally there are thoughtful improvements to I urge my colleagues to vote for this upside down. the regulatory process that will help rule and the underlying bills. This bill is a very reasonable, mod- reduce costs and reduce red tape, rath- The material previously referred to erate, commonsense effort to make er than add red tape, we are happy to by Mr. POLIS is as follows:

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AN AMENDMENT TO H. RES. 78 OFFERED BY how the Republicans describe the previous Hanna McClintock Royce MR. POLLS OF COLORADO question vote in their own manual: ‘‘Al- Hardy McHenry Russell though it is generally not possible to amend Harper McKinley Ryan (WI) At the end of the resolution, add the fol- Harris McMorris Salmon lowing new sections: the rule because the majority Member con- Hartzler Rodgers Sanford SEC. 3. Immediately upon adoption of this trolling the time will not yield for the pur- Heck (NV) McSally Scalise resolution the Speaker shall, pursuant to pose of offering an amendment, the same re- Hensarling Meadows Schock clause 2(b) of rule XVIII, declare the House sult may be achieved by voting down the pre- Herrera Beutler Meehan Schweikert resolved into the Committee of the Whole vious question on the rule.... When the Hice (GA) Messer Scott, Austin House on the state of the Union for consider- motion for the previous question is defeated, Hill Mica Sensenbrenner control of the time passes to the Member Holding Miller (FL) Sessions ation of the bill (H.R. 344) to provide for the Hudson Miller (MI) Shimkus establishment of a pilot program to encour- who led the opposition to ordering the pre- Huelskamp Moolenaar Shuster age the employment of veterans in manufac- vious question. That Member, because he Huizenga (MI) Mooney (WV) Simpson turing positions. The first reading of the bill then controls the time, may offer an amend- Hultgren Mullin Smith (MO) shall be dispensed with. All points of order ment to the rule, or yield for the purpose of Hunter Mulvaney Smith (NE) against consideration of the bill are waived. amendment.’’ Hurd (TX) Murphy (PA) Smith (NJ) General debate shall be confined to the bill In Deschler’s Procedure in the U.S. House Hurt (VA) Neugebauer Smith (TX) of Representatives, the subchapter titled Issa Newhouse Stefanik and shall not exceed one hour equally di- Jackson Lee Noem Stewart vided and controlled by the chair and rank- ‘‘Amending Special Rules’’ states: ‘‘a refusal Jenkins (KS) Nugent Stivers ing minority member of the Committee on to order the previous question on such a rule Jenkins (WV) Nunes Stutzman Education and the Workforce. After general [a special rule reported from the Committee Johnson (OH) Olson Thompson (PA) debate the bill shall be considered for on Rules] opens the resolution to amend- Johnson, Sam Palazzo Thornberry amendment under the five-minute rule. All ment and further debate.’’ (Chapter 21, sec- Jolly Palmer Tiberi points of order against provisions in the bill tion 21.2) Section 21.3 continues: ‘‘Upon re- Jones Paulsen Tipton jection of the motion for the previous ques- Jordan Pearce Trott are waived. At the conclusion of consider- Joyce Perry Turner ation of the bill for amendment the Com- tion on a resolution reported from the Com- Katko Pittenger Upton mittee shall rise and report the bill to the mittee on Rules, control shifts to the Mem- Kelly (PA) Pitts Valadao House with such amendments as may have ber leading the opposition to the previous King (IA) Poe (TX) Wagner been adopted. The previous question shall be question, who may offer a proper amendment King (NY) Poliquin Walberg considered as ordered on the bill and amend- or motion and who controls the time for de- Kinzinger (IL) Pompeo Walden ments thereto to final passage without inter- bate thereon.’’ Kline Posey Walker Clearly, the vote on the previous question Knight Price (GA) Walorski vening motion except one motion to recom- Labrador Ratcliffe Walters, Mimi mit with or without instructions. If the on a rule does have substantive policy impli- LaMalfa Reed Weber (TX) Committee of the Whole rises and reports cations. It is one of the only available tools Lamborn Reichert Webster (FL) that it has come to no resolution on the bill, for those who oppose the Republican major- Lance Renacci Wenstrup then on the next legislative day the House ity’s agenda and allows those with alter- Latta Ribble Westerman shall, immediately after the third daily native views the opportunity to offer an al- LoBiondo Rice (SC) Westmoreland order of business under clause 1 of rule XIV, ternative plan. Long Rigell Whitfield Loudermilk Roby Williams resolve into the Committee of the Whole for Ms. FOXX. Mr. Speaker, I yield back Love Rogers (AL) Wilson (SC) further consideration of the bill. the balance of my time, and I move the Lucas Rogers (KY) Wittman SEC. 4. Clause 1(c) of rule XIX shall not previous question on the resolution. Luetkemeyer Rohrabacher Womack apply to the consideration of H.R. 344. Lummis Rokita Woodall The SPEAKER pro tempore. The MacArthur Rooney (FL) Yoder THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous Marchant Ros-Lehtinen Yoho Marino Roskam Young (IA) IT REALLY MEANS question. Massie Ross Young (IN) This vote on whether to order the previous The question was taken; and the McCarthy Rothfus Zeldin question on a special rule, is not merely a Speaker pro tempore announced that McCaul Rouzer Zinke procedural vote. A vote against ordering the the noes appeared to have it. NAYS—174 previous question is a vote against the Re- Mr. POLIS. Mr. Speaker, on that I publican majority agenda and a vote to allow demand the yeas and nays. Adams Delaney Kuster the Democratic minority to offer an alter- Aguilar DeLauro Langevin The yeas and nays were ordered. Ashford native plan. It is a vote about what the DelBene Larsen (WA) The SPEAKER pro tempore. Pursu- Bass DeSaulnier Lawrence House should be debating. Beatty Deutch Lewis Mr. Clarence Cannon’s Precedents of the ant to clause 9 of rule XX, the Chair Becerra Dingell Lieu (CA) House of Representatives (VI, 308–311), de- will reduce to 5 minutes the minimum Bera Doggett Lipinski scribes the vote on the previous question on time for any electronic vote on the Beyer Doyle (PA) Loebsack the rule as ‘‘a motion to direct or control the question of adoption of the resolution. Bishop (GA) Edwards Lowenthal Blumenauer Ellison Lujan Grisham consideration of the subject before the House The vote was taken by electronic de- being made by the Member in charge.’’ To Bonamici Engel (NM) vice, and there were—yeas 242, nays Boyle (PA) Eshoo Luja´ n, Ben Ray defeat the previous question is to give the 174, not voting 17, as follows: Brady (PA) Esty (NM) opposition a chance to decide the subject be- Brown (FL) Farr Lynch fore the House. Cannon cites the Speaker’s [Roll No. 59] Brownley (CA) Fattah Maloney, ruling of January 13, 1920, to the effect that YEAS—242 Bustos Foster Carolyn Butterfield Fudge Maloney, Sean ‘‘the refusal of the House to sustain the de- Abraham Calvert Ellmers Capps Gabbard Matsui mand for the previous question passes the Aderholt Carter (GA) Emmer Capuano Gallego McCollum control of the resolution to the opposition’’ Allen Carter (TX) Farenthold Ca´ rdenas Garamendi McDermott Amash Chabot Fincher in order to offer an amendment. On March Carney Graham McGovern Amodei Chaffetz Fitzpatrick 15, 1909, a member of the majority party of- Carson (IN) Grayson McNerney Babin Clawson (FL) Fleischmann fered a rule resolution. The House defeated Cartwright Green, Al Meeks Barletta Coffman Fleming the previous question and a member of the Castor (FL) Green, Gene Meng Barr Cole Flores Castro (TX) Hahn Moore opposition rose to a parliamentary inquiry, Barton Collins (GA) Forbes Cicilline Hastings Moulton asking who was entitled to recognition. Benishek Collins (NY) Fortenberry Clark (MA) Heck (WA) Murphy (FL) Speaker Joseph G. Cannon (R–Illinois) said: Bilirakis Comstock Foxx Clarke (NY) Higgins Nadler Bishop (MI) Conaway Franks (AZ) ‘‘The previous question having been refused, Clay Himes Napolitano Bishop (UT) Cook Frelinghuysen the gentleman from New York, Mr. Fitz- Cleaver Hinojosa Neal Black Costello (PA) Garrett gerald, who had asked the gentleman to Clyburn Honda Norcross Blackburn Cramer Gibbs yield to him for an amendment, is entitled to Cohen Hoyer O’Rourke Blum Crawford Gibson Connolly Israel Pallone the first recognition.’’ Bost Crenshaw Gohmert Conyers Jeffries Pascrell The Republican majority may say ‘‘the Boustany Culberson Goodlatte Cooper Johnson (GA) Payne vote on the previous question is simply a Brady (TX) Davis, Rodney Gosar Costa Johnson, E. B. Pelosi Brat Denham Gowdy vote on whether to proceed to an immediate Courtney Kaptur Perlmutter Bridenstine Dent Granger vote on adopting the resolution . . . [and] Crowley Keating Peters Brooks (AL) DeSantis Graves (GA) has no substantive legislative or policy im- Cuellar Kelly (IL) Peterson Brooks (IN) DesJarlais Graves (LA) plications whatsoever.’’ But that is not what Cummings Kennedy Pingree Buchanan Diaz-Balart Graves (MO) Davis (CA) Kildee Pocan they have always said. Listen to the Repub- Buck Dold Griffith Davis, Danny Kilmer Polis lican Leadership Manual on the Legislative Bucshon Duffy Grothman DeFazio Kind Price (NC) Process in the United States House of Rep- Burgess Duncan (SC) Guinta DeGette Kirkpatrick Quigley resentatives, (6th edition, page 135). Here’s Byrne Duncan (TN) Guthrie

VerDate Sep 11 2014 02:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.008 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H772 CONGRESSIONAL RECORD — HOUSE February 4, 2015 Rice (NY) Serrano Tsongas Fortenberry Loudermilk Roskam McCollum Quigley Swalwell (CA) Richmond Sewell (AL) Van Hollen Foxx Love Ross McDermott Rangel Takai Roybal-Allard Sherman Vargas Franks (AZ) Lucas Rothfus McGovern Rice (NY) Takano Ruiz Sinema Veasey Frelinghuysen Luetkemeyer Rouzer McNerney Richmond Thompson (CA) Ruppersberger Sires Vela Garrett Lummis Royce Meeks Roybal-Allard Thompson (MS) Rush Slaughter Vela´ zquez Gibbs MacArthur Russell Meng Ruiz Titus Ryan (OH) Smith (WA) Visclosky Gibson Marchant Ryan (WI) Moore Ruppersberger Tonko ´ Sanchez, Linda Speier Walz Gohmert Marino Salmon Moulton Rush Torres T. Swalwell (CA) Murphy (FL) Ryan (OH) Wasserman Goodlatte Massie Sanford Tsongas Sanchez, Loretta Takai Gosar McCarthy Nadler Sa´ nchez, Linda Schultz Scalise Van Hollen Sarbanes Takano Gowdy McCaul Napolitano T. Waters, Maxine Schock Vargas Schakowsky Thompson (CA) Granger McClintock Neal Sanchez, Loretta Watson Coleman Schweikert Schiff Thompson (MS) Graves (GA) McHenry Nolan Sarbanes Veasey Scott, Austin Schrader Titus Welch Graves (LA) McKinley Norcross Schakowsky Vela Sensenbrenner Scott (VA) Tonko Wilson (FL) Graves (MO) McMorris O’Rourke Schiff Vela´ zquez Sessions Scott, David Torres Yarmuth Griffith Rodgers Pallone Schrader Visclosky Grothman McSally Shimkus Pascrell Scott (VA) Walz NOT VOTING—17 Guinta Meadows Shuster Payne Scott, David Wasserman Chu (CA) Huffman Nolan Guthrie Meehan Simpson Pelosi Serrano Schultz Curbelo (FL) Larson (CT) Nunnelee Hanna Messer Sinema Perlmutter Sewell (AL) Waters, Maxine Smith (MO) Duckworth Lee Rangel Hardy Mica Peters Sherman Watson Coleman Smith (NE) Frankel (FL) Levin Roe (TN) Harper Miller (FL) Pingree Sires Welch Smith (NJ) Grijalva Lofgren Young (AK) Harris Miller (MI) Pocan Slaughter Wilson (FL) Gutie´rrez Lowey Hartzler Moolenaar Smith (TX) Polis Smith (WA) Yarmuth Heck (NV) Mooney (WV) Stefanik Price (NC) Speier b 1339 Hensarling Mullin Stewart Herrera Beutler Mulvaney Stivers NOT VOTING—11 Mr. SCHIFF changed his vote from Hice (GA) Murphy (PA) Stutzman Benishek Gutie´rrez Poe (TX) ‘‘yea’’ to ‘‘nay.’’ Hill Neugebauer Thompson (PA) Chu (CA) Lee Roe (TN) So the previous question was ordered. Holding Newhouse Thornberry Duckworth Lofgren Young (AK) The result of the vote was announced Hudson Noem Tiberi Grijalva Nunnelee Huelskamp Nugent Tipton as above recorded. Huizenga (MI) Nunes Trott b 1348 Stated for: Hultgren Olson Turner So the resolution was agreed to. Mr. CURBELO of Florida. Mr. Speaker, on Hunter Palazzo Upton Hurd (TX) Palmer The result of the vote was announced roll call no. 59 I was unavoidably detained. Valadao Hurt (VA) Paulsen Wagner as above recorded. Had I been present, I would have voted yes. Issa Pearce Walberg Jenkins (KS) Perry A motion to reconsider was laid on Stated against: Walden Jenkins (WV) Peterson Walker the table. Ms. FRANKEL of Florida. Mr. Speaker, on Johnson (OH) Pittenger Walorski Stated for: roll call no. 59 had I been present, I would Johnson, Sam Pitts Walters, Mimi Jolly Poliquin Mr. POE of Texas. Mr. Speaker, on roll call have voted No. Weber (TX) Jones Pompeo no. 60 I was unavoidably detained. Had I been Mr. LARSON of Connecticut. Mr. Speaker, I Webster (FL) Jordan Posey present, I would have voted Yes. was not present for roll call vote 59. If I had Joyce Price (GA) Wenstrup been present for this vote, I would have voted: Katko Ratcliffe Westerman f Westmoreland Nay on roll call vote 59. Kelly (PA) Reed King (IA) Reichert Whitfield MESSAGE FROM THE PRESIDENT Mr. LEVIN. Mr. Speaker, I was unavoidably King (NY) Renacci Williams absent earlier today during roll call vote 59. Kinzinger (IL) Ribble Wilson (SC) A message in writing from the Presi- Had I been present, I would have voted ‘‘nay’’ Kline Rice (SC) Wittman dent of the United States was commu- Knight Rigell Womack nicated to the House by Mr. Pate, one on roll call vote 59, the motion on ordering the Labrador Roby Woodall previous question on the Rule providing for LaMalfa Rogers (AL) Yoder of his secretaries. Lamborn Rogers (KY) Yoho consideration of H.R. 50 and H.R. 527. f The SPEAKER pro tempore. The Lance Rohrabacher Young (IA) Latta Rokita Young (IN) question is on the resolution. LoBiondo Rooney (FL) Zeldin PERSONAL EXPLANATION The question was taken; and the Long Ros-Lehtinen Zinke Ms. JACKSON LEE. Mr. Speaker, on Speaker pro tempore announced that NOES—179 rollcall vote No. 59, ordering the pre- the ayes appeared to have it. vious question, I inadvertently voted RECORDED VOTE Adams Cuellar Honda Aguilar Cummings Hoyer ‘‘yes.’’ I would like the RECORD to re- Mr. POLIS. Mr. Speaker, I demand a Ashford Davis (CA) Huffman flect that I would have voted, appro- recorded vote. Bass Davis, Danny Israel priately and properly, ‘‘no.’’ A recorded vote was ordered. Beatty DeFazio Jackson Lee Becerra DeGette Jeffries f The SPEAKER pro tempore. This is a Bera Delaney Johnson (GA) 5-minute vote. Beyer DeLauro Johnson, E. B. UNFUNDED MANDATES INFORMA- The vote was taken by electronic de- Bishop (GA) DelBene Kaptur TION AND TRANSPARENCY ACT vice, and there were—ayes 243, noes 179, Blumenauer DeSaulnier Keating Bonamici Deutch Kelly (IL) OF 2015 not voting 11, as follows: Boyle (PA) Dingell Kennedy GENERAL LEAVE [Roll No. 60] Brady (PA) Doggett Kildee Brown (FL) Doyle (PA) Kilmer Mr. CHAFFETZ. Mr. Speaker, I ask AYES—243 Brownley (CA) Edwards Kind unanimous consent that all Members Abraham Buchanan Crenshaw Bustos Ellison Kirkpatrick may have 5 legislative days within Aderholt Buck Culberson Butterfield Engel Kuster Allen Bucshon Curbelo (FL) Capps Eshoo Langevin which to revise and extend their re- Amash Burgess Davis, Rodney Capuano Esty Larsen (WA) marks and include extraneous mate- Amodei Byrne Denham Ca´ rdenas Farr Larson (CT) rials on H.R. 50. Babin Calvert Dent Carney Fattah Lawrence Barletta Carter (GA) DeSantis Carson (IN) Foster Levin The SPEAKER pro tempore (Mr. Barr Carter (TX) DesJarlais Cartwright Frankel (FL) Lewis STEWART). Is there objection to the re- Barton Chabot Diaz-Balart Castor (FL) Fudge Lieu (CA) quest of the gentleman from Utah? Bilirakis Chaffetz Dold Castro (TX) Gabbard Lipinski There was no objection. Bishop (MI) Clawson (FL) Duffy Cicilline Gallego Loebsack Bishop (UT) Coffman Duncan (SC) Clark (MA) Garamendi Lowenthal The SPEAKER pro tempore. Pursu- Black Cole Duncan (TN) Clarke (NY) Graham Lowey ant to House Resolution 78 and rule Blackburn Collins (GA) Ellmers Clay Grayson Lujan Grisham XVIII, the Chair declares the House in Blum Collins (NY) Emmer Cleaver Green, Al (NM) Bost Comstock Farenthold Clyburn Green, Gene Luja´ n, Ben Ray the Committee of the Whole House on Boustany Conaway Fincher Cohen Hahn (NM) the state of the Union for the consider- Brady (TX) Cook Fitzpatrick Connolly Hastings Lynch ation of the bill, H.R. 50. Brat Costa Fleischmann Conyers Heck (WA) Maloney, The Chair appoints the gentleman Bridenstine Costello (PA) Fleming Cooper Higgins Carolyn Brooks (AL) Cramer Flores Courtney Himes Maloney, Sean from Nevada (Mr. AMODEI) to preside Brooks (IN) Crawford Forbes Crowley Hinojosa Matsui over the Committee of the Whole.

VerDate Sep 11 2014 03:14 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.005 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H773 b 1352 The bill makes independent agencies times with bipartisan support in this IN THE COMMITTEE OF THE WHOLE subject to the Unfunded Mandates Re- House, but it is necessary to bring it up Accordingly, the House resolved form Act, also known as UMRA. There again and to share this bill with a new itself into the Committee of the Whole are hundreds of Federal independent Senate that is now in place. House on the state of the Union for the agencies charged with handling respon- I encourage my colleagues to support consideration of the bill (H.R. 50) to sibilities, such as managing workplace H.R. 50. It is good. It is common sense. provide for additional safeguards with safety and protecting our forests. It is It is good for this Nation, and it enjoys respect to imposing Federal mandates, important these entities are account- bipartisan support. and for other purposes, with Mr. able to the public when establishing a new rule. H.R. 50 ensures that that will Mr. Chairman, I reserve the balance AMODEI in the chair. of my time. The Clerk read the title of the bill. happen. The CHAIR. Pursuant to the rule, the H.R. 50 requires an UMRA analysis HOUSE OF REPRESENTATIVES, COM- MITTEE ON OVERSIGHT AND GOV- bill is considered read the first time. for all final rules. Under current law, an agency can forgo an UMRA analysis ERNMENT REFORM, The gentleman from Utah (Mr. Washington, DC, January 28, 2015. CHAFFETZ) and the gentleman from by avoiding a notice of proposed rule- Hon. BOB GOODLATTE, Maryland (Mr. CUMMINGS) each will making. GAO reports that 35 percent of Chairman, Committee on the Judiciary, control 30 minutes. major rules are issued without a notice Rayburn House Office Building, Washington, The Chair recognizes the gentleman of proposed rulemaking, making it dif- DC. from Utah. ficult for the public to comment. DEAR MR. CHAIRMAN: On January 27, 2015, Mr. CHAFFETZ. Mr. Chair, I yield In fiscal year 2014, the administra- the Committee on Oversight and Govern- myself such time as I may consume. tion estimated the annual cost of ment Reform ordered reported without Mr. Chairman, this bill was referred major regulations between $57 billion amendment H.R. 50, the Unfunded Mandates to three other committees other than and $84 billion. We must have a better Information and Transparency Act of 2015, the Committee on Oversight and Gov- understanding of those costs before by a vote of 20 to 13. The bill was referred ernment Reform. We have been in con- passing them on to State, local, and primarily to the Committee on Oversight and Govemment Reform, with an additional tact with all of them—Judiciary, Budg- tribal governments as well as the pri- referral to the Committee on the Judiciary. et, and Rules—and they have agreed to vate sector. The bill strengthens congressional I ask that you allow the Judiciary Com- discharge the bill from their commit- mittee to be discharged from further consid- tees so that we can consider the bill on oversight by requiring agencies to look eration of the bill so that it may be sched- the floor today. I include for the back at specific regulations when re- uled by the Majority Leader. This discharge RECORD those letters that reflect this quested by Congress. Before a rule is in no way affects your jurisdiction over the understanding between Oversight and tested, it is difficult to understand its subject matter of the bill, and it will not Government Reform and the three consequences, including its costs and serve as precedent for future referrals. In ad- other committees. its benefits. President Obama sup- dition, should a conference on the bill be Mr. Chairman, Congress enacted the ported retrospective reviews of regula- necessary, I would support your request to Unfunded Mandates Reform Act to tions by issuing an executive order re- have the Committee on the Judiciary rep- resented on the conference committee. Fi- ‘‘curb the practice of imposing un- quiring agencies to periodically review nally, I would be pleased to include this let- funded Federal mandates on States and significant regulations, in Executive ter and any response in the bill report filed local governments.’’ Order 13563, in January 2011. These ret- by the Committee on Oversight and Govern- Twenty years later, we continue to rospective reviews result in regulations ment Reform, as well as in the Congressional see burdensome unfunded mandates that are more effective and less bur- Record during floor consideration, to memo- being imposed on State, local, and trib- densome in achieving their objective. rialize our understanding. al governments as well as small busi- Retrospective analysis can and should Thank you for your consideration of my nesses. Despite high hopes, UMRA, as inform future rules. request. it is often referred to, had little effect H.R. 50 allows judicial review when Sincerely, on agency rulemaking because of its agencies fail to fully consider the least JASON CHAFFETZ, limited coverage and its lack of ac- costly or least burdensome alternative Chairman. countability. rule. The bill allows the judicial In response, H.R. 50 proposes several branch to place a stay on rules when HOUSE OF REPRESENTATIVES, key reforms to bring needed trans- the agency fails to complete the re- COMMITTEE ON THE JUDICIARY, parency to how government sets rules quired UMRA analysis. This provides Washington, DC, January 28, 2015. Hon. JASON CHAFFETZ, that protect our health, our safety, our an important check on the executive Chairman, Committee on Oversight and Govern- welfare, as well as the environment. branch. ment Reform, Rayburn House Office Build- This legislation does this in several H.R. 50 codifies the Congressional ing, Washington, DC. Budget Office practice of estimating key ways. DEAR CHAIRMAN CHAFFETZ, Thank you for Mr. Chairman, H.R. 50 requires agen- the true cost of a Federal mandate. your letter regarding H.R. 50, the ‘‘Unfunded cies to consult with the private sector When a Federal mandate is proposed, Mandates Information and Transparency Act when directly impacted by a proposed CBO ensures its cost estimates include of 2015,’’ which your Committee ordered re- rule. lost profits, costs passed on to con- ported on January 27, 2015. Consult with the private sector. That sumers, and behavioral changes as the As a result of your having consulted with is a great theme. I love the title of result of a Federal mandate. the Committee and in order to expedite the this. When enacted, UMRA created an im- House’s consideration of H.R. 50, I agree to It does actually provide more infor- portant step to inform Congress of the discharge our Committee from further con- mation, more transparency, and en- potential burdens of regulatory man- sideration of this bill so that it may proceed gages those people that are affected by dates on both government and the pri- expeditiously to the House floor for consider- these rules. Requiring agency rule- ation. The Judiciary Committee takes this vate sector. This way, Congress could action with our mutual understanding that makers to consult with small business weigh any potential benefits as well as by foregoing consideration of H.R. 50 at this owners will bring needed perspective any potential burdens. By updating time, we do not waive any jurisdiction over and common sense to how our rules are this law, we can help ensure that all the subject matter contained in this or simi- made. Small businesses want the gov- parties, from government entities to lar legislation, and that our Committee will ernment to fully understand how regu- small businesses, understand the true be appropriately consulted and involved as lations impact their ability to create cost of prospective mandates. this bill or similar legislation moves forward jobs and promote economic growth. Of I commend the gentlewoman from so that we may address any remaining issues in our jurisdiction. Our Committee also re- course we need rules. Of course there North Carolina (Ms. FOXX). She has serves the right to seek appointment of an are going to be boundaries. But con- poured her heart and soul into this. appropriate number of conferees to any sulting with the private sector is some- She believes passionately in this. Her House-Senate conference involving this or thing that has to happen, and govern- leadership on this bill has brought it to similar legislation, and asks that you sup- ment needs their perspective. this point today. It has passed three port any such request.

VerDate Sep 11 2014 03:14 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.024 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H774 CONGRESSIONAL RECORD — HOUSE February 4, 2015 I would request that you include a copy of ment Reform ordered reported without passing the same bad bills over and our letters in the Congressional Record dur- amendment H.R. 50, the Unfunded Mandates over again, yet, Mr. Chairman, here we ing the floor consideration of this bill. Information and Transparency Act of 2015, go again. Sincerely, by a vote of 20 to 13. The bill was referred Yesterday, the House voted to repeal BOB GOODLATTE, primarily to the Committee on Oversight Chairman. and Government Reform, with an additional the Affordable Care Act for the 56th referral to the Committee on Rules. time. Today, we are considering an HOUSE OF REPRESENTATIVES, COM- I ask that you allow the Rules Committee antiregulatory bill the House has con- MITTEE ON OVERSIGHT AND GOV- to be discharged from further consideration sidered three times before. Tomorrow, ERNMENT REFORM, of the bill so that it may be scheduled by the we will consider another Washington, DC, January 28, 2015. Majority Leader. This discharge in no way antiregulatory bill the House has also Hon. TOM PRICE, affects your jurisdiction over the subject matter of the bill, and it will not serve as passed before. Chairman, Committee on the Budget, Cannon H.R. 50, the bill we are considering House Office Building, Washington, DC. precedent for future referrals. In addition, DEAR MR. CHAIRMAN: On January 27, 2015, should a conference on the bill be necessary, today, would add red tape to the rule- the Committee on Oversight and Govern- I would support your request to have the making process in an effort to slow ment Reform ordered reported without Committee on Rules represented on the con- down or halt agency rules. amendment H.R. 50, the Unfunded Mandates ference committee. Finally, I would be Information and Transparency Act of 2015, pleased to include this letter and any re- b 1600 by a vote of 20 to 13. The bill was referred sponse in the bill report filed by the Com- One thing that is different this time primarily to the Committee on Oversight mittee on Oversight and Government Re- around is that the Congressional Budg- and Government Reform, with an additional form, as well as in the Congressional Record et Office estimated that H.R. 50 as re- referral to the Committee on the Budget. during floor consideration, to memorialize ported would increase direct spending I ask that you allow the Budget Com- our understanding. mittee to be discharged from further consid- Thank you for your consideration of my by $18 million over the next 10 years. eration of the bill so that it may be sched- request. CBO estimates that this increase would uled by the Majority Leader. This discharge Sincerely, primarily impact the Consumer Finan- in no way affects your jurisdiction over the JASON CHAFFETZ, cial Protection Bureau, a bureau that subject matter of the bill, and it will not Chairman. was established to protect our con- serve as precedent for future referrals. In ad- stituents. dition, should a conference on the bill be COMMITTEE ON RULES, The majority inserted a last-minute HOUSE OF REPRESENTATIVES, necessary, I would support your request to provision last night after the Rules have the Committee on the Budget rep- Washington, DC, January 29, 2015. resented on the conference committee. Fi- Hon. JASON CHAFFETZ, Committee meeting to address this nally, I would be pleased to include this let- Chairman, Committee on Oversight and Govern- problem. The majority’s fix, however, ter and any response in the bill report filed ment Reform, Rayburn House Office Build- does nothing to reduce the cost of the by the Committee on Oversight and Govern- ing, Washington, DC. bill. ment Reform, as well as in the Congressional DEAR CHAIRMAN CHAFFETZ: On January 27, The majority instead inserted lan- Record during floor consideration, to memo- 2015, the Committee on Oversight and Gov- guage to cut the Consumer Financial ernment Reform ordered reported H.R. 50, rialize our understanding. Protection Bureau’s budget by $36 mil- Thank you for your consideration of my the Unfunded Mandates Information and request. Transparency Act of 2015. As you know, the lion in fiscal year 2016. Cutting CFPB’s Sincerely, Committee on Rules was granted an addi- budget by $36 million while also requir- JASON CHAFFETZ, tional referral upon the bill’s introduction ing the agency to comply with signifi- Chairman. pursuant to the Committee’s jurisdiction cant new requirements is absurd. under rule X of the Rules of the House of On Saturday, The Huffington Post HOUSE OF REPRESENTATIVES, Representatives over rules and joint rules of published an article titled, ‘‘Congress COMMITTEE ON THE BUDGET, the House. Because of your willingness to consult Revives Gingrich-Era Law to Thwart Washington, DC, January 28, 2015. Obama.’’ The article said: Hon. JASON CHAFFETZ, with my committee regarding this matter, I Chairman, Committee on Oversight and Govern- will waive consideration of the bill by the Republicans in Congress aim to revamp an ment Reform, Rayburn House Office Build- Rules Committee. By agreeing to waive its antiregulatory law from the Newt Gingrich ing, Washington, DC. consideration of the bill, the Rules Com- era in an effort to paralyze new financial, en- DEAR CHAIRMAN CHAFFETZ: Thank you for mittee does not waive its jurisdiction over vironmental, and labor rules with a never- your letter regarding H.R. 50, the Unfunded H.R. 50. In addition, the Committee on Rules ending string of court challenges. Mandates Information and Transparency Act reserves its authority to seek conferees on The Unfunded Mandates Reform Act of 2015, which was ordered reported by the any provisions of the bill that are within its was enacted as a part of Newt Ging- jurisdiction during any House-Senate con- Committee on Oversight and Government rich’s Contract with America. Even in Reform on January 27, 2015. ference that may be convened on this legisla- In order to expedite House consideration of tion. I ask your commitment to support any the context of the extreme agenda of H.R. 50, the Committee on the Budget will request by the Committee on Rules for con- the Contract with America, Congress forgo action on the bill. This is being done ferees on H.R. 50 or related legislation. included several limitations in the Un- with the understanding that it does not in I also request that you include this letter funded Mandates Reform Act. any way prejudice the Committee with re- and your response as part of your commit- This bill would repeal those limita- spect to the appointment of conferees or its tee’s report on the bill and in the Congres- tions. For example, under this bill, sional Record during consideration of the jurisdictional prerogatives on this or similar agencies would be required to consult legislation. legislation on the House floor. Thank you for I would ask that a copy of our exchange of your attention to these matters. with regulated industries on proposed letters on this matter be included in the bill Sincerely, rules before they are even made public. report filed by the Committee on Oversight PETE SESSIONS. For example, if the Consumer Finan- and Government Reform as well as in the Mr. CUMMINGS. Mr. Chairman, I cial Protection Bureau planned to pro- Congressional Record during floor consider- yield myself such time as I may con- pose a new rule to protect consumers ation. We appreciate your cooperation and sume. from abusive mortgage practices, look forward to working with you as this bill Mr. Chairman, I rise in opposition to banks would get advance access to the moves through the Congress. rule and the opportunity to shape it be- Sincerely, H.R. 50, the Unfunded Mandates Infor- THOMAS PRICE, M.D., mation and Transparency Act. This fore our constituents, the consumers. Chairman. legislation may be well intended, but it I believe that businesses should have would have unintended consequences the opportunity to provide comments HOUSE OF REPRESENTATIVES, COM- that would make the government less on proposed rules, but they should do it MITTEE ON OVERSIGHT AND GOV- efficient and less effective. through the normal public comment ERNMENT REFORM, I stood here just 4 months ago when process just like other stakeholders. Washington, DC, January 29, 2015. the House, for the second time, consid- H.R. 50 would also expand judicial re- Hon. PETER SESSIONS, ered a package of special interest bills, view under the Unfunded Mandates Re- Chairman, Committee on Rules, The Capitol, Washington, DC. including this one. I said then that the form Act. The statute currently pro- DEAR MR. CHAIRMAN: On January 27, 2015, Republican leadership in the House hibits courts from using its require- the Committee on Oversight and Govern- cannot fool the American people by ments to delay or invalidate a rule.

VerDate Sep 11 2014 02:30 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.033 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H775 This bill eliminates that restriction today, but our colleagues on the other This bill shines much-needed light on which would allow regulated industries side of the aisle want to make this an the murky regulatory process and en- to use the law to slow down antiregulation bill. We are not opposed sures the public has transparent access rulemakings. to regulations on our side of the aisle. to proposed rules and regulations. This bill also would put independent We are in favor of commonsense rules. Both Democrats and Republicans rec- agencies in jeopardy of political inter- Mr. Chairman, each year, Wash- ognize that appropriate regulations ference. The Unfunded Mandates Re- ington imposes thousands of pages of don’t need to be issued in the dead of form Act currently exempts inde- rules and regulations on America’s pri- night or negotiated behind closed pendent agencies from its reporting re- vate sector employers, as well as State doors. That is why the House has con- quirements. The bill removes that ex- and local governments. Buried in those sidered and passed this bill three times emption. pages are costly Federal mandates that in the 112th and 113th Congresses. That would mean that the inde- make it harder for businesses to hire I urge my colleagues to vote ‘‘yes’’ pendent regulatory agencies like the and cash-strapped States, counties, and on this commonsense, bipartisan bill. Securities and Exchange Commission cities to serve their citizens. Mr. CUMMINGS. Mr. Chairman, I and the Consumer Financial Protection As a former State senator, I can tes- yield 3 minutes to the gentleman from Virginia (Mr. CONNOLLY), the chairman Bureau would have to submit their tify to the difficulty of balancing the of the Subcommittee on Government rules to the Office of Management and State’s budget when there are dozens of Operations. Budget for review which could under- complicated, mostly unfunded Federal Mr. CONNOLLY. Mr. Chairman, I mine their independence. mandates that must be taken into ac- thank the distinguished gentleman Section 12 of the bill would require count. from Maryland. an agency to perform retrospective re- As a former small business owner, I I rise today in opposition to H.R. 50, view, including an additional cost-ben- understand firsthand the concerns that the Unfunded Mandates Information efit analysis of any existing rules if re- job creators have about how lengthy, and Transparency Act. quested by the chairman or ranking confusing rules affect their ability to This act boasts an Orwellian title member of a committee. It is inter- conduct business and provide jobs and that attempts, I think, deception of the esting that we always talk about being opportunities to their employees. public into believing that it is simply able to predict what is going to go on That is why I introduced H.R. 50, the an innocuous attempt to enhance in the business world. This certainly Unfunded Mandates Information and transparency for the public and State would add a high level of unpredict- Transparency Act, which we call and local governments while masking ability. UMITA, and am proud to see it brought the true nature of this act which— I will offer an amendment at the ap- before the House for consideration. make no mistake—is a subversive leg- propriate time to strike that provision. The bill builds upon the bipartisan islative assault of public health, safety, These flaws are reason enough to op- 1995 Unfunded Mandates Reform Act, and environmental protections. pose this bill. also known as UMRA, and will ensure This bill is simply an effort to throw The most important reason is that awareness and public disclosure of the a wrench into the rulemaking process, we rely on agency rulemakings to pro- cost in dollars and jobs that Federal ensuring that private industry is pro- tect our children, protect our workers, dictates pose to the economy and local vided privileges and rights above any protect our economy, and protect our governments. other stakeholder in the process. constituents, the folks who sent us H.R. 50 does not seek to prevent the In many respects, H.R. 50 represents here. Federal Government from regulating; the ‘‘Mitt Romney principle’’ on That is why the Coalition for Sen- rather, it seeks to ensure that its regu- steroids, for it appears that in the sible Safeguards—a group of more than lations are deliberative and economi- minds of some of my colleagues, not 150 good government, labor, scientific, cally defensible. Asking regulators to only is it a fact that ‘‘corporations are faith, health, and community organiza- consider thoroughly and understand people, my friend,’’ but under this tions—sent a letter to the Oversight the cost of a rule in addition to its ben- measure, they appear to be embracing Committee opposing this bill. efits should not be controversial. It is an ethos that treats corporations even Here is what the letter said: ‘‘The just plain common sense. better than people. costs of deregulation should be obvious Regulators and legislators should My longstanding principle is that I will never defend the indefensible, and by now: the Wall Street economic col- know exactly what they are asking the regrettably, this bill provides private lapse, various food and product safety American people to pay and whether corporations with an unfair consulta- recalls, and numerous disasters, includ- the costs of compliance might make it tion over every other stakeholder in ing the recent Dan River coal ash spill harder for family businesses to meet the regulatory process, and that is in- payroll and stay afloat. No government in North Carolina and the Freedom In- defensible. dustries chemical spill in West Vir- body, on purpose or accidentally, Under this bill, Federal agencies ginia, demonstrate the need for a regu- should skirt public scrutiny when jobs would be required to consult with pri- latory system that protects the public, and scarce resources are at stake. vate industry ‘‘before issuance of a no- not corporate interests.’’ In the nearly 20 years since UMRA’s tice of proposed rulemaking,’’ yet it Congress should be moving forward passage, weaknesses in the law have does not afford that same level of pro- to protect the public from harm, not been revealed, weaknesses that some tection or consultation to average citi- rolling back the clock and weakening government agencies and independent zens, consumers, or anybody else who important safeguards. regulatory bodies have exploited. relies on agency rules to preserve and Yesterday, the White House issued a UMITA makes independent regulatory protect their health, welfare, and safe- statement opposing this bill. agencies subject to UMRA’s require- ty. I urge my colleagues to vote ‘‘no,’’ ments, ending a two-tier system that There is no justification for enacting and I reserve the balance of my time. allowed regulations to be implemented an irrational statutory framework that Mr. CHAFFETZ. Mr. Chairman, at without the required consideration, requires the Federal Government to this time, I am pleased to yield 5 min- scrutiny, or public input. consult with private firms and nobody utes to the gentlewoman from North H.R. 50 recognizes that the Federal else—such as a large agribusiness, for Carolina, Dr. FOXX, the prime sponsor Government’s reach extends well be- example—prior to proposing a rule that of this bill. yond the taxes it collects and the could have an impact on that company, Ms. FOXX. Mr. Chairman, I thank money it spends. Regulations can ad- yet does not require such consultation the chairman for yielding time and for vance government initiatives without on public health with public health ex- the leadership he has provided in get- using tax dollars. perts. ting this bill passed out of the Over- Rather than count expenses for new I cannot defend a regulatory frame- sight and Government Reform Com- programs, the government can require work that would provide big oil compa- mittee. the private sector, as well as State and nies a guaranteed right to weigh in be- Mr. Chairman, we are going to prob- local governments, to pay for Federal fore any drilling regulation is promul- ably have to say this many times initiatives through compliance costs. gated to protect the public from big oil

VerDate Sep 11 2014 02:30 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.026 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H776 CONGRESSIONAL RECORD — HOUSE February 4, 2015 spills, such as one we experienced just For instance, this bill would require know he didn’t write this bill—there is a few years ago. agencies to consult with private sector a common practice here in Congress To be clear, I strongly support the entities ‘‘as early as possible, before that you name the bill in a way that right of industry to have its voice and the issuance of a notice of proposed describes the opposite of what it will to have the opportunity to provide rulemaking, continue through the final actually do. This is supposed to be an comments on proposed rules. This fos- rule stage, and be integrated explicitly accountability bill, but this bill ought ters more informed and high-quality into the rulemaking process.’’ to be named the ‘‘Government Gridlock rulemaking, benefiting business and so- Now, I agree that Federal agencies Act’’ because that is what it will intro- ciety; indeed, that is why our current should consult with regulated indus- duce. administrative procedures mandate tries regarding proposed rules, but they While I certainly respect everyone’s that a public comment period be pro- should not receive an insider, prewired opinion and position against Big Gov- vided prior to the adoption of such advantage in the regulating and rule- ernment—I certainly understand that. rules. making process over other stake- You can be against intrusive govern- Equally concerning, H.R. 50 would holders. ment. I understand that. But you can’t also undermine the critical independ- H.R. 50 would also expand judicial re- be against a functioning government, ence of aptly titled independent regu- view under UMRA and would allow a and that is what this bill accomplishes. latory agencies. It is not clear how court to review the inadequacy or fail- This bill, as the gentleman did point eliminating the independence of agen- ure of an agency to prepare a written out, does allow individual taxpayers to cies, such as the Consumer Product statement under UMRA. UMRA cur- sue. Mrs. Gilhooly and Mr. Gilhooly Safety Commission, by empowering rently prohibits courts from using the can sue, but so can Exxon and so can Presidential administrations to play a law to stay, invalidate, or otherwise af- JPMorgan Chase attack regulations significant role in shaping the rules for fect an agency rule. H.R. 50 would under this bill. This bill makes the fi- those agencies before they issue them, eliminate this prohibition. nancial ability to sustain a legal chal- would in any way address unfunded I thought the majority strongly op- lenge as the litmus test on how much mandates. posed judicial activism, but perhaps justice you get under this bill. The Acting CHAIR (Mr. POE of that only applies to protecting voting Even though Congress has the ability Texas). The time of the gentleman has rights. to pass laws and to direct regulators to expired. We don’t have to choose between pro- come up with regulations, large, well- Mr. CUMMINGS. I yield the gen- tecting the health, welfare, and safety financed banks and industries like the tleman an additional 30 seconds. of Americans and promoting economic oil industry will be able to undo the di- Mr. CONNOLLY. The bottom line is growth, job creation, and innovation. rection of Congress by proffering legal that well-reasoned agency rules have We can do both. H.R. 50 advances nei- challenges with enormous resources to made our air cleaner to breathe, water ther of these worthy goals, and that is stop those laws from coming into ef- safer to drink, and our products safer why I urge my colleagues to reject this fect. to use. That is a good formula, and we deeply flawed act that will stack the A good example is the financial serv- should preserve it. deck against the American consumer. ices industry, where we under Dodd- Mr. CHAFFETZ. Mr. Chairman, I Mr. CHAFFETZ. Mr. Chairman, I am Frank have directed that there be 300 yield myself 1 minute. pleased to yield 3 minutes to the gen- separate rules developed to deal with It would be inaccurate and inappro- tleman from Georgia (Mr. JODY B. the problems created by the crisis in priate to suggest that this bill bypasses HICE). 2008. That crisis cost $20 trillion to the individuals. To the contrary, the bill Mr. JODY B. HICE of Georgia. I American economy. Yet, under this says, ‘‘and impacted parties within the thank the gentleman for yielding his law, in order to prevent big banks from private sector.’’ The definition of ‘‘pri- time. taking those reckless gambles, we vate sector’’ under UMRA—the term Mr. Chairman, I rise in strong sup- would have to force the regulators to ‘‘private sector’’ means ‘‘all persons or port of H.R. 50, the Unfunded Mandates show that the reduction in cost to the entities in the United States, including Information and Transparency Act. American taxpayer justified the regu- individuals.’’ The alarming growth of our Federal lation against Wall Street. Any assertion on this floor that this Government in the last several decades It misses the point. We are trying to gives unilateral priority to the indi- has come at an incredible cost. This is bifurcate the risks created by Wall vidual corporations and bypasses the largely due to lax reporting require- Street from the taxpayers’ requirement individuals, we are trying to give peo- ments, and as a result, the American to bail them out. This bill ignores that ple who are affected by these rules—we people have largely been left in the reality. I think we should all oppose it, are trying to give them the oppor- dark as to the true cost of this unprec- and I urge my colleagues to vote tunity to be heard. edented growth. For example, we all against this bill. I reserve the balance of my time. know that, often, the Federal Govern- Mr. CHAFFETZ. Mr. Chairman, I am Mr. CUMMINGS. Mr. Chairman, I ment imposes mandates, be it upon the pleased to yield 3 minutes to the gen- yield 3 minutes to the gentleman from private sector or local or State govern- tleman from North Carolina (Mr. Missouri (Mr. CLAY). ments, and, oftentimes, this is without MEADOWS). Mr. CLAY. Mr. Chairman, I thank any clearly disclosed cost or impact of Mr. MEADOWS. I thank the chair- the ranking member for allowing me those mandates. man for his leadership on this bill and time. Mr. Chairman, H.R. 50 will make sig- for bringing it through regular order. I rise today to strongly oppose H.R. nificant strides to address this looming We continue to hear that around here 50. I consider it a misguided bill that problem by enacting more strict and on this particular bill. will cost American consumers at least clearly defined requirements about Mr. Chairman, before the gentleman $18 million over the next 10 years while how and when agencies need to disclose from Massachusetts leaves, I think it is making it easier for bad actors in cer- the cost of these Federal mandates. important that we address this. As the tain industries to continue their abu- Therefore, Mr. Chairman, I urge my gentleman would indicate, he is mak- sive practices as they attempt to colleagues to support this bill. ing this out to be all about big banks, stonewall appropriate regulation. Mr. CUMMINGS. Mr. Chairman, I but it is really about the small busi- yield 3 minutes to the gentleman from ness folks and, truly, about the munici- b 1415 Massachusetts (Mr. LYNCH). palities. I want to read a few excerpts Make no mistake. H.R. 50 is a frontal Mr. LYNCH. I thank the gentleman from the resolution that comes from assault on the Nation’s health, safety, from Maryland for yielding and for his his home State—from Massachusetts— and environmental protections, and it leadership on this issue. because they got together, and they would erect new barriers to give se- Mr. Chairman, I rise in strong opposi- said this is a real problem: lected industries a built-in advantage tion to H.R. 50. ‘‘Whereas, the Federal Government to evade or eliminate vital rules that With all due respect to my friend has imposed additional requirements, protect the American people. from Utah—and I do respect him; I based on incomplete scientific analysis

VerDate Sep 11 2014 02:30 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.027 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H777 and review, on the cities and towns of plementation of the Unfunded Man- bureau that this Congress established Massachusetts.’’ In this resolution, Mr. dates Information and Transparency to protect our consumers on a day-to- Chairman, it talks about going further Act. This bill also expands OMB’s role, day basis—and its losing some $36 mil- and that, at a minimum, what we and it requires them to guarantee that lion. That is the transparency. should do is provide a ‘‘fiscal note in- each agency complies with the act’s re- Mr. Chairman, I yield 2 minutes to cluded as part of any such proposal.’’ quirements. Independent regulatory the gentlewoman from New Jersey So it is the towns and the counties agencies will then have to send their (Mrs. WATSON COLEMAN). across the country and, yes, indeed, rulemaking analyses to OMB. b 1430 from the gentleman—my esteemed The Acting CHAIR. The time of the friend from Massachusetts—a resolu- gentlewoman has expired. Mrs. WATSON COLEMAN. Mr. Chair- tion from his State that talks about Mr. CUMMINGS. I yield the gentle- man, thank you to the gentleman from the problems that we have with un- woman an additional 30 seconds. Maryland (Mr. CUMMINGS), the ranking funded mandates. Over 850 major pieces Mrs. LAWRENCE. The existing Un- member, for this opportunity to speak. of regulation, with impacts of over $100 funded Mandates Reform Act expressly I rise today also in opposition to H.R. million a piece, have failed this basic prohibits courts from using the law to 50, the misleadingly named Unfunded principle and test, and 75 percent of stay, enjoin, invalidate, or otherwise Mandates Information and Trans- them never get the analysis that we affect an agency rule. H.R. 50 would parency Act of 2015, which passed out should be doing at the Federal Govern- fundamentally change the law by of the Committee on Oversight and ment. eliminating this prohibition, allowing Government Reform on a strictly par- We have a responsibility to the local regulated industries to abuse this ex- tisan vote. towns and governments but also a re- panded judicial review and tie up rules This bill neither improves nor sponsibility, Mr. Chairman, to farmers. in litigation for years. streamlines the regulatory process. In- I left a hearing today with the EPA I urge my colleagues to vote ‘‘no’’ on stead, this ill-conceived bill is an as- and an unfunded mandate. Who are this act, and I request that this body sault on consumer protections, gives they consulting with? The Department work within the existing safeguards in private industry an unfair advantage of Agriculture, not with the farmers place. to weigh in on rules, and erects new, from across this great country. They Mr. CHAFFETZ. Mr. Chairman, I am unnecessary barriers in the regulatory are talking to other bureaucrats. It is pleased to yield 1 minute to the gen- process. time that we bring the private sector tleman from California (Mr. MCCAR- H.R. 50 would require agencies to pro- in, and I think it is time that we stand THY), the distinguished majority lead- vide the private sector with an unfair alongside them. er. advantage to influence proposed regu- Mr. CUMMINGS. Mr. Chairman, I Mr. MCCARTHY. I thank the gen- lations. The supporters of this bill yield 2 minutes to the gentlewoman tleman for yielding. claim that it creates parity between from Michigan (Mrs. LAWRENCE), a new Mr. Chairman, there are many parts the private and the public sectors, but member of our committee. of government that like to act in se- that is simply not true. What it really Mrs. LAWRENCE. Mr. Chairman, I crecy. In particular, many agencies does is provide the private sector with rise today in opposition to H.R. 50, the like to hide the true costs of their reg- a sneak peek of proposed rules before Unfunded Mandates Information and ulations from the American people. they are even made public. Transparency Act. Although the intent After all, it is easier to add more pages This bill propels regulated private of this legislation is to, no doubt, pro- to the Federal Register if nobody is sector entities to the front of the line vide additional safeguards, it does, in sure exactly what the pricetag is, but while pushing the consumers these fact, add an additional level of bu- that is not the way our democracy laws are designed to protect to the reaucracy. should work. For government to work, back of the line. It further gums up the It appears to be a good bill. As a it needs to be accountable to the peo- regulatory process by allowing oppo- former mayor, I fought to ensure that ple. To be accountable to the people, nents to delay or invalidate rules my city and other cities were not un- government needs to be honest and through litigation. duly impacted by unfunded Federal open with what it is doing. The existing Unfunded Mandates Re- mandates. In Michigan, we worked co- Washington needs reform, and a good form Act of 1995 prohibits courts from operatively with our Federal counter- place to start is to make sure that peo- using the law to stay, enjoin, invali- parts on proposed regulations that ple know the true cost of what Wash- date, or otherwise affect an agency would generate obligations on local ington is doing—no gimmicks, no hid- rule. H.R. 50 would fundamentally governments. In fact, as a local govern- den fees. That is why I support Rep- change that law by eliminating this ment official, I supported the Unfunded resentative FOXX’s bill, which demands prohibition, giving regulated industries Mandate Reform Act, as it was a result transparency on unfunded mandates. the ability to abuse this expanded judi- of multiple years of effort by our State Mr. Chairman, this bill says a simple cial review and tie up rules in courts and local government officials to con- thing. It says we trust the people. It for years. For example, Wall Street trol the burden of many unfunded Fed- says if the bureaucracy is afraid of tell- banks could take agencies to court eral mandates. ing the people how much a regulation over Dodd-Frank consumer protection Along with the consequences I have costs, then it shouldn’t impose the reg- rules that have yet to be finalized. previously mentioned, this bill will ulation. If bureaucracy isn’t following Most Americans, and certainly most also grant corporations special access the rules and giving the people the in- of my constituents that I represent, to information about a rule and an op- formation they need, this bill allows simply do not have the means to hire portunity to submit feedback to an the courts to review the agency—no lawyers to sue Federal agencies if they agency before a rule is even proposed. more hiding. The people have the right are dissatisfied with a Federal regula- Additionally, the legislation would to know as much as possible, and tion, but large corporations do. H.R. 50 shut the American people out of this Washington has an obligation to tell would give corporations the ability to early review. The bill would also re- them. sue and to stall regulations they view quire agencies to perform retrospective Mr. CUMMINGS. Mr. Chairman, I as unfavorable. analysis at the request of any chair- yield myself such time as I may con- By unnecessarily layering an addi- man or ranking minority member of sume. tional, burdensome judicial review and any standing or select committee of I just want to remind the gentleman giving private industry an unfair ad- the House or the Senate. The bill nei- before he leaves the Chamber that vantage, this bill shows that it is not ther improves nor streamlines the reg- there is truth here. The truth is that working for the consumers, but it is ulatory process. It expands agency the CBO has already estimated that only working for the chosen few. roles and interjects politics into the this bill will cost some $18 million. Mr. CHAFFETZ. Mr. Chairman, may process. There is also truth here with regard to I inquire of the time left on both sides? The Office of Management and Budg- what has happened to the Consumer Fi- The Acting CHAIR. The gentleman et is responsible for overseeing the im- nancial Protection Bureau—the very from Utah has 151⁄2 minutes remaining,

VerDate Sep 11 2014 02:30 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.028 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H778 CONGRESSIONAL RECORD — HOUSE February 4, 2015 and the gentleman from Maryland has This bill breaks a cardinal rule by ex- We are talking about small busi- 91⁄2 minutes remaining. cluding, of all people, the public, while nesses and how they are not supported Mr. CHAFFETZ. Mr. Chairman, I am industry gets an advance look at a bill. in this. It is troubling, because if that pleased to yield 3 minutes to the gen- Understand, it is the industry that is were the case, the National Federation tleman from North Carolina (Mr. being regulated, industry that has the of Independent Businesses, who rep- WALKER). high-cost lobbyists, the high-cost law- resents thousands and thousands of Mr. WALKER. Mr. Chairman, every yers that the public does not have. small businesses, or the Small Business day small businesses and local govern- So what is the point here, Mr. Chair- and Entrepreneurship Council, which ments are weighed down by Washing- man? It is clear. The point is to get in- does the same, would not be endorsing ton’s numerous regulations. H.R. 50, dustry in on writing the bill itself and this piece of legislation. So, Mr. Chair- the Unfunded Mandates Information writing it at that stage before the pub- man, I want to make sure the record is and Transparency Act, acts to curb the lic even gets to know what the bill is. corrected. constant rules and regulations that This is not a tilt in favor of the objects With regards to the $18 million, that Washington continues to impose on the of regulations; it is a slide in their was cleared up in Rules yesterday; the American people. favor. committee was made aware of it. And This law builds on and improves the If the point is the usual bipartisan despite the legislation being identical bipartisan legislation, the Unfunded point, to help small businesses—which, to last Congress’ bill, the CBO had Mandates Reform Act of 1995, which by the way, is already a stakeholder— scored it as having a direct spending was enacted to promote transparent along with other businesses, why pit cost, but this was partly because the decisionmaking and curb unfunded small businesses against small children Consumer Financial Protection Bu- Federal mandates. However, due to and small mortgage holders and small reau, CFPB, doesn’t have the authority loopholes and exemptions, UMRA has IT users? to collect the fees. And so we have al- failed to keep unfunded mandates off Another extraordinary thing I see in ready addressed that, Mr. Chairman, the backs of local governments and this bill is that the court-hating major- and I wanted to make sure we cleared taxpayers. ity, at least in this bill, falls in love up the record. I would like to thank Congress- with the judiciary by inviting litiga- Mr. CUMMINGS. I yield 2 minutes to woman FOXX for introducing this bi- tion before the rule is final. The courts the gentlelady from California (Ms. partisan legislation to close these gaps, will just love that. On top of every- WATERS), the ranking member of the hold Washington accountable, and bet- thing else, this bill adds $18 million Committee on Financial Services. ter protect our fellow Americans. Importantly, this bill will do three over 10 years to agency spending? Ms. MAXINE WATERS of California. things: one, it will close loopholes that The Acting CHAIR. The time of the Mr. Chairman, I appreciate the time allow agencies and independent regu- gentlewoman has expired. that has been allotted to me. Thank lators to forgo UMRA analysis; two, it Mr. CUMMINGS. I yield the gentle- you very much, Mr. CUMMINGS. I rise to oppose H.R. 50, an enables stakeholders to engage Federal lady an additional 30 seconds. agencies before unfunded mandates are Ms. NORTON. $18 million that this anticonsumer deregulatory bill that implemented; and three, it holds regu- majority certainly will not appro- would stop rulemaking by our Nation’s lators accountable through the courts priate. financial overseers dead in its tracks. and congressional oversight. Small business always have been a In 2008, we witnessed the worst finan- I am reminded every day that we bipartisan concern. We have many cial crisis since 1929, which halted lend- were elected to bring change to Wash- more of them in our districts than we ing to small businesses, left millions ington, and this reform is exactly what have large businesses. Small businesses without a home, and pushed countless needs to be sent to the President’s are not who will come to ‘‘consult.’’ It Americans into personal bankruptcy desk. is the global multinationals who are and ruin, after which my colleagues Mr. CUMMINGS. Mr. Chairman, I applauding this bill as we speak. and I in Congress worked diligently to yield 3 minutes to the gentlelady from I thank the gentleman for yielding. put in place serious and comprehensive the District of Columbia (Ms. NORTON). Mr. CHAFFETZ. Mr. Chairman, I safeguards to prevent another collapse. Ms. NORTON. Mr. Chairman, I thank would like to point to the bill because Nevertheless, today House Repub- my good friend from Maryland for it keeps getting repeated on this floor licans are suffering from selective am- yielding me this time. that it doesn’t include the public, it nesia when they push this legislation Mr. Chairman, this bill has a lot of doesn’t include individuals. That is to undo financial reform. Indeed, this chutzpah even for a probusiness major- just not true. bill, H.R. 50, places significant admin- ity. The point of the review and com- On page 12 of the bill: istrative hurdles on our regulators, ment regulatory process is to hear Agencies shall, to the extent practicable, like the Consumer Financial Protec- from everybody, to pull everybody into seek out the views of State, local, and tribal tion Bureau and the Securities and Ex- the process. governments, and impacted parties within change Commission. I have experienced how this process the private sector. Certain provisions require our regu- worked when I chaired the Equal Em- Definition of private sector: the term lators, who are tasked with protecting ployment Opportunity Commission. In ‘‘private sector’’ means all persons or consumers and investors, to conduct order to make sure I heard from every- entities in the United States, including onerous, industry-friendly, cost-benefit one, I took a process which issued individuals. analysis and to submit their rules for guidelines, which did not come under It sounds like a good rhetorical point review to the Office of Management the Administrative Procedure Act, and to keep saying: Oh, we are leaving out and Budget. This hurts their ability to put it under the Administrative Proce- the little guy; we are leaving out the act independently and in the best in- dure Act to make sure I heard from ev- public. It does include the public; it terests of the public. eryone. does include the individuals; and when In addition, this bill would arm spe- In a real sense, I knew, I thought I these unfunded mandates are placed cial interests with a time-tested weap- knew what the public wanted because I upon them, this bill would make sure on to delay and kill reform, the oppor- was a civil rights lawyer. I was particu- that they are at least asked about it. tunity to challenge our cash-strapped larly interested in whether the reforms That is what we are seeking. regulators in court on every rule. But I was instituting would work in prac- At this time, I yield 1 minute to the this is the ultimate point of the bill: to tice. So I was more interested, in a real gentleman from North Carolina (Mr. make regulating everything from secu- sense, in what the business community MEADOWS). rities, fraud, payday loans, credit said. Mr. MEADOWS. Mr. Chairman, the cards, insider trading, and derivatives I must tell you, Mr. Chairman, in chairman points out very clearly that, that much harder. these processes, the business commu- indeed, the definition of ‘‘private sec- Most concerning is that Republicans nity, small and large, dwarfs the public tor’’ includes individuals. I would also want to pay for the cost of their new in the amount of comment that agen- like to go further and talk about small burdens by depriving the one regulator cies receive. businesses. charged with protecting our Nation’s

VerDate Sep 11 2014 04:14 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.030 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H779 consumers of tens of millions of dol- The Acting CHAIR. The gentleman tion and Transparency Act. What are lars. from Maryland has 2 minutes remain- we afraid of, asking them the question: Mr. Chairman, this is just the latest ing. How are you going to be impacted? in a never-ending effort to unravel the Mr. CUMMINGS. Mr. Chairman, I What is this going to do to the econ- important protections for consumers yield myself such time as I may con- omy? and taxpayers this Congress put in sume. What I hear from my constituents— place following the worst crisis in a I just want to be clear. Many things and I have heard it from outside of generation. concern me about this legislation. We Utah’s Third Congressional District—is With our economy still recovering need to be very careful about this. the Federal Government comes in with from the $14 trillion financial crisis, We have a situation here where this its big, heavy hand, and they have no with families in my own district and is clearly an effort to give Big Business voice, no opportunity. It is just laid probably yours still struggling with an advantage. All the speakers on our upon them. foreclosure and unsure how they will side have talked to that. We can go I appreciate Dr. FOXX and what she is be able to make ends meet in retire- around saying we don’t need regula- doing. We also hear from State, local, ment, we simply cannot undermine tions, but regulations are very, very and tribal governments, from small fundamental reforms or the agencies important. This President has done a businesses and business organizations enforcing them. lot with regard to addressing the issue that are in support of this bill. Mr. CHAFFETZ. Mr. Chairman, I of regulations. In fiscal year 2014, the administra- There is something else that is hap- would like to make Mr. CUMMINGS tion estimated the annual cost of pening here that really bothers me. aware that I have no further speakers, major regulations was between $57 bil- There was a tremendous effort by the and I am prepared to close, but I will lion and $84 billion. There is room. other side when we were trying to get reserve the balance of my time. There is appropriate use of regulations. the consumer financial protection bill Mr. CUMMINGS. I yield 2 minutes to To suggest that we are opposed to all passed. regulations is irresponsible. the gentleman from Michigan (Mr. KIL- After seeing our constituents abused I think there are good regulations DEE). over and over again, we bring about an Mr. KILDEE. Mr. Chairman, I thank that are in place—they make our coun- agency that would bring them some my friend for yielding. try better—but there needs to be a type of protection, and here, we are I want to echo the comments of process and a communication and taking away money from an agency Ranking Member WATERS. As a mem- input from individuals that are af- that already needs money, the very ber of the Committee on Financial fected by these regulations. agency that is there to help our con- Services, I am particularly concerned We have got to understand the costs stituents. That concerns me. and how we are passing these unfunded with the direction that this bill takes The other thing that concerns me is mandates on to State and local govern- us at a time when, on one hand, many that we have an extra layer here. It ments. This is an important part of the of my colleagues have criticized the makes it much more difficult now with process. agencies charged with implementation regard to rulemaking, and then to have Updating this law, we can ensure all of important regulatory reforms, such the courts have the ability to delay parties, from government entities to as Dodd-Frank, charging those agen- and basically take away rules is un- small businesses to individuals, under- cies with not bringing forth rules in a precedented. That is something that stand the true costs of the prospective timely fashion, and then at the same even Newt Gingrich didn’t do. time reducing, through the budget We need to look at what we are doing mandates. This bill should successfully pass in process, the necessary resources to pro- and bring a sense of balance, and the the House again, and I urge my col- vide those agencies with the tools that other side will say that balance is leagues to support it. I applaud Dr. they need to move forward on the rule- brought about because private industry FOXX from North Carolina, the prime making process, and now this, yet an- is given an opportunity to be involved sponsor of this, for moving this legisla- other, I think, effort to create another in the process. cumbersome step in the process of de- Well, they really do have a tremen- tion. I would urge, my colleagues, a ‘‘yea’’ veloping rules intended to implement dous advantage because, as Ms. NORTON legislation that was passed here by the said, they are the ones that have the vote on H.R. 50, and I yield back the United States Congress, law that is on lawyers. They are the ones who have balance of my time. The Acting CHAIR. All time for de- the books. the big money. They are the ones now bate has expired. who will be able to come in before the b 1445 Pursuant to the rule, the bill shall be regulations are even formulated and The rulemaking process already in- considered for amendment under the 5- have their say while the public won’t cludes a very logical progression of minute rule. be in that kind of position. An amendment in the nature of a steps which allows for a comprehensive Let’s not kid ourselves. We are put- substitute consisting of the text of and all-inclusive comment period ting our constituents at a decided dis- Rules Committee Print 114–4, modified under the Administrative Procedure advantage, no matter how you look at by the amendment printed in part B of Act that allows the kind of substantive it. This is a triumph for Big Business. input that is specific to the rules being I yield back the balance of my time. House Report 114–14, is adopted. proposed to be provided, to be consid- Mr. CHAFFETZ. Mr. Chairman, I The bill, as amended, shall be consid- ered, to modify proposed rules, and yield myself such time as I may con- ered as the original bill for the purpose then to move forward in an orderly sume. of further amendment under the 5- process. The one who is in the power position, minute rule and shall be considered as The other concern that I have is that the one who has got the resources, the read. there is language that is troublesome one that has got the attorneys is the The text of the bill, as amended, is as to me in terms of the way cost-benefit government. The government is the follows: analyses would be conducted and con- one that has got all the cards. H.R. 50 sidered. All we are asking for is to allow Be it enacted by the Senate and House of Rep- Very often—and there is no better ex- input from individuals, small busi- resentatives of the United States of America in ample than in the financial sector—if nesses, big businesses. If you are going Congress assembled, we limit ourselves to industry-specific to be affected, isn’t it common sense to SECTION 1. SHORT TITLE. costs and benefits, we lose the fact that suggest that maybe they should talk to This Act may be cited as the ‘‘Unfunded Man- many of the costs are not borne by dates Information and Transparency Act of the people that they are going to put 2015’’. those in the industry but those con- this mandate on? Let’s have a discus- SEC. 2. PURPOSE. sumers who bear the brunt of their tac- sion, a dialogue, get some input from The purpose of this Act is— tics. them? (1) to improve the quality of the deliberations Mr. CUMMINGS. Mr. Chairman, how The name of this bill is very, very ac- of Congress with respect to proposed Federal much time is remaining? curate, Unfunded Mandates Informa- mandates by—

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(A) providing Congress and the public with (2) by inserting ‘‘or 424(b)(1)’’ after ‘‘section ‘‘(a) IN GENERAL.—Unless otherwise expressly more complete information about the effects of 424(a)(1)’’. prohibited by law, before promulgating any gen- such mandates; and SEC. 8. REGULATORY PROCESS AND PRINCIPLES. eral notice of proposed rulemaking or any final (B) ensuring that Congress acts on such man- Section 201 of the Unfunded Mandates Reform rule, or within six months after promulgating dates only after focused deliberation on their ef- Act of 1995 (2 U.S.C. 1531) is amended to read as any final rule that was not preceded by a gen- fects; and follows: eral notice of proposed rulemaking, if the pro- (2) to enhance the ability of Congress and the posed rulemaking or final rule includes a Fed- public to identify Federal mandates that may ‘‘SEC. 201. REGULATORY PROCESS AND PRIN- CIPLES. eral mandate that may result in an annual ef- impose undue harm on consumers, workers, em- fect on State, local, or tribal governments, or to ‘‘(a) IN GENERAL.—Each agency shall, unless ployers, small businesses, and State, local, and the private sector, in the aggregate of tribal governments. otherwise expressly prohibited by law, assess the effects of Federal regulatory actions on State, $100,000,000 or more in any 1 year, the agency SEC. 3. PROVIDING FOR CONGRESSIONAL BUDG- shall prepare a written statement containing the ET OFFICE STUDIES ON POLICIES IN- local, and tribal governments and the private sector (other than to the extent that such regu- following: VOLVING CHANGES IN CONDITIONS ‘‘(1) The text of the draft proposed rulemaking latory actions incorporate requirements specifi- OF GRANT AID. or final rule, together with a reasonably de- cally set forth in law) in accordance with the Section 202(g) of the Congressional Budget Act tailed description of the need for the proposed following principles: of 1974 (2 U.S.C. 602(g)) is amended by adding at rulemaking or final rule and an explanation of ‘‘(1) Each agency shall identify the problem the end the following new paragraph: how the proposed rulemaking or final rule will ‘‘(3) ADDITIONAL STUDIES.—At the request of that it intends to address (including, if applica- meet that need. any Chairman or ranking member of the minor- ble, the failures of private markets or public in- ‘‘(2) An assessment of the potential costs and ity of a Committee of the Senate or the House of stitutions that warrant new agency action) as benefits of the proposed rulemaking or final Representatives, the Director shall conduct an well as assess the significance of that problem. rule, including an explanation of the manner in assessment comparing the authorized level of ‘‘(2) Each agency shall examine whether exist- which the proposed rulemaking or final rule is funding in a bill or resolution to the prospective ing regulations (or other law) have created, or consistent with a statutory requirement and costs of carrying out any changes to a condition contributed to, the problem that a new regula- avoids undue interference with State, local, and of Federal assistance being imposed on State, tion is intended to correct and whether those tribal governments in the exercise of their gov- local, or tribal governments participating in the regulations (or other law) should be modified to ernmental functions. Federal assistance program concerned or, in the achieve the intended goal of regulation more ef- ‘‘(3) A qualitative and quantitative assess- case of a bill or joint resolution that authorizes fectively. ment, including the underlying analysis, of ben- such sums as are necessary, an assessment of an ‘‘(3) Each agency shall identify and assess efits anticipated from the proposed rulemaking estimated level of funding compared to such available alternatives to direct regulation, in- or final rule (such as the promotion of the effi- costs.’’. cluding providing economic incentives to en- cient functioning of the economy and private SEC. 4. CLARIFYING THE DEFINITION OF DIRECT courage the desired behavior, such as user fees markets, the enhancement of health and safety, COSTS TO REFLECT CONGRES- or marketable permits, or providing information the protection of the natural environment, and SIONAL BUDGET OFFICE PRACTICE. upon which choices can be made by the public. the elimination or reduction of discrimination or Section 421(3) of the Congressional Budget Act ‘‘(4) If an agency determines that a regulation bias). of 1974 (2 U.S.C. 658(3)(A)(i)) is amended— is the best available method of achieving the ‘‘(4) A qualitative and quantitative assess- (1) in subparagraph (A)(i), by inserting ‘‘incur regulatory objective, it shall design its regula- ment, including the underlying analysis, of or’’ before ‘‘be required’’; and tions in the most cost-effective manner to (2) in subparagraph (B), by inserting after ‘‘to costs anticipated from the proposed rulemaking achieve the regulatory objective. In doing so, or final rule (such as the direct costs both to the spend’’ the following: ‘‘or could forgo in profits, each agency shall consider incentives for inno- including costs passed on to consumers or other Government in administering the final rule and vation, consistency, predictability, the costs of to businesses and others in complying with the entities taking into account, to the extent prac- enforcement and compliance (to the government, ticable, behavioral changes,’’. final rule, and any adverse effects on the effi- regulated entities, and the public), flexibility, cient functioning of the economy, private mar- SEC. 5. EXPANDING THE SCOPE OF REPORTING distributive impacts, and equity. kets (including productivity, employment, and REQUIREMENTS TO INCLUDE REGU- ‘‘(5) Each agency shall assess both the costs LATIONS IMPOSED BY INDEPENDENT international competitiveness), health, safety, REGULATORY AGENCIES. and the benefits of the intended regulation and, and the natural environment). Paragraph (1) of section 421 of the Congres- recognizing that some costs and benefits are dif- ‘‘(5) Estimates by the agency, if and to the ex- sional Budget Act of 1974 (2 U.S.C. 658) is ficult to quantify, propose or adopt a regula- tent that the agency determines that accurate amended by striking ‘‘, but does not include tion, unless expressly prohibited by law, only estimates are reasonably feasible, of— independent regulatory agencies’’ and inserting upon a reasoned determination that the benefits ‘‘(A) the future compliance costs of the Fed- ‘‘, except it does not include the Board of Gov- of the intended regulation justify its costs. eral mandate; and ernors of the Federal Reserve System or the Fed- ‘‘(6) Each agency shall base its decisions on ‘‘(B) any disproportionate budgetary effects of eral Open Market Committee’’. the best reasonably obtainable scientific, tech- the Federal mandate upon any particular re- gions of the Nation or particular State, local, or SEC. 6. AMENDMENTS TO REPLACE OFFICE OF nical, economic, and other information con- MANAGEMENT AND BUDGET WITH cerning the need for, and consequences of, the tribal governments, urban or rural or other OFFICE OF INFORMATION AND REG- intended regulation. types of communities, or particular segments of ULATORY AFFAIRS. ‘‘(7) Each agency shall identify and assess al- the private sector. The Unfunded Mandates Reform Act of 1995 ternative forms of regulation and shall, to the ‘‘(6)(A) A detailed description of the extent of (Public Law 104–4; 2 U.S.C. 1511 et seq.) is extent feasible, specify performance objectives, the agency’s prior consultation with the private amended— rather than specifying the behavior or manner sector and elected representatives (under section (1) in section 103(c) (2 U.S.C. 1511(c))— of compliance that regulated entities must 204) of the affected State, local, and tribal gov- (A) in the subsection heading, by striking adopt. ernments. ‘‘OFFICE OF MANAGEMENT AND BUDGET’’ and in- ‘‘(8) Each agency shall avoid regulations that ‘‘(B) A detailed summary of the comments and serting ‘‘OFFICE OF INFORMATION AND REGU- are inconsistent, incompatible, or duplicative concerns that were presented by the private sec- LATORY AFFAIRS’’; and with its other regulations or those of other Fed- tor and State, local, or tribal governments either (B) by striking ‘‘Director of the Office of Man- eral agencies. orally or in writing to the agency. agement and Budget’’ and inserting ‘‘Adminis- ‘‘(9) Each agency shall tailor its regulations to ‘‘(C) A detailed summary of the agency’s eval- trator of the Office of Information and Regu- minimize the costs of the cumulative impact of uation of those comments and concerns. latory Affairs’’; regulations. ‘‘(7) A detailed summary of how the agency (2) in section 205(c) (2 U.S.C. 1535(c))— ‘‘(10) Each agency shall draft its regulations complied with each of the regulatory principles (A) in the subsection heading, by striking to be simple and easy to understand, with the described in section 201.’’. ‘‘OMB’’; and (b) REQUIREMENT FOR DETAILED SUMMARY.— goal of minimizing the potential for uncertainty (B) by striking ‘‘Director of the Office of Man- Subsection (b) of section 202 of such Act is and litigation arising from such uncertainty. agement and Budget’’ and inserting ‘‘Adminis- amended by inserting ‘‘detailed’’ before ‘‘sum- ‘‘(b) REGULATORY ACTION DEFINED.—In this trator of the Office of Information and Regu- mary’’. latory Affairs’’; and section, the term ‘regulatory action’ means any substantive action by an agency (normally pub- SEC. 10. ENHANCED STAKEHOLDER CONSULTA- (3) in section 206 (2 U.S.C. 1536), by striking TION. ‘‘Director of the Office of Management and lished in the Federal Register) that promulgates Section 204 of the Unfunded Mandates Reform Budget’’ and inserting ‘‘Administrator of the or is expected to lead to the promulgation of a Act of 1995 (2 U.S.C. 1534) is amended— Office of Information and Regulatory Affairs’’. final rule or regulation, including advance no- (1) in the section heading, by inserting ‘‘AND SEC. 7. APPLYING SUBSTANTIVE POINT OF tices of proposed rulemaking and notices of pro- PRIVATE SECTOR’’ before ‘‘INPUT’’; ORDER TO PRIVATE SECTOR MAN- posed rulemaking.’’. (2) in subsection (a)— DATES. SEC. 9. EXPANDING THE SCOPE OF STATEMENTS (A) by inserting ‘‘, and impacted parties with- Section 425(a)(2) of the Congressional Budget TO ACCOMPANY SIGNIFICANT REGU- in the private sector (including small business),’’ Act of 1974 (2 U.S.C. 658d(a)(2)) is amended— LATORY ACTIONS. after ‘‘on their behalf)’’; and (1) by striking ‘‘Federal intergovernmental (a) IN GENERAL.—Subsection (a) of section 202 (B) by striking ‘‘Federal intergovernmental mandates’’ and inserting ‘‘Federal mandates’’; of the Unfunded Mandates Reform Act of 1995 mandates’’ and inserting ‘‘Federal mandates’’; and (2 U.S.C. 1532) is amended to read as follows: and

VerDate Sep 11 2014 04:14 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A04FE7.017 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H781 (3) by amending subsection (c) to read as fol- (1) by redesignating section 209 as section 210; proponent and an opponent, shall not lows: and be subject to amendment, and shall not ‘‘(c) GUIDELINES.—For appropriate implemen- (2) by inserting after section 208 the following be subject to a demand for division of new section 209: tation of subsections (a) and (b) consistent with the question. applicable laws and regulations, the following ‘‘SEC. 209. RETROSPECTIVE ANALYSIS OF EXIST- guidelines shall be followed: ING FEDERAL REGULATIONS. AMENDMENT NO. 1 OFFERED BY MR. REED ‘‘(1) Consultations shall take place as early as ‘‘(a) REQUIREMENT.—At the request of the The Acting CHAIR. It is now in order possible, before issuance of a notice of proposed chairman or ranking minority member of a to consider amendment No. 1 printed in rulemaking, continue through the final rule standing or select committee of the House of part C of House Report 114–14. stage, and be integrated explicitly into the rule- Representatives or the Senate, an agency shall Mr. REED. Mr. Chairman, I have an making process. conduct a retrospective analysis of an existing amendment at the desk. ‘‘(2) Agencies shall consult with a wide vari- Federal regulation promulgated by an agency. ety of State, local, and tribal officials and im- ‘‘(b) REPORT.—Each agency conducting a ret- The Acting CHAIR. The Clerk will pacted parties within the private sector (includ- rospective analysis of existing Federal regula- designate the amendment. ing small businesses). Geographic, political, and tions pursuant to subsection (a) shall submit to The text of the amendment is as fol- other factors that may differentiate varying the chairman of the relevant committee, Con- lows: points of view should be considered. gress, and the Comptroller General a report con- Page 2, line 1, insert ‘‘private property ‘‘(3) Agencies should estimate benefits and taining, with respect to each Federal regulation owners,’’ after ‘‘small businesses,’’. costs to assist with these consultations. The covered by the analysis— Page 10, line 24, strike the closing scope of the consultation should reflect the cost ‘‘(1) a copy of the Federal regulation; quotation marks and second period. and significance of the Federal mandate being ‘‘(2) the continued need for the Federal regu- Page 10, after line 24, add the following: considered. lation; ‘‘(8) An assessment of the effects that the ‘‘(3) the nature of comments or complaints re- ‘‘(4) Agencies shall, to the extent practicable— proposed rulemaking or final rule are ex- ceived concerning the Federal regulation from ‘‘(A) seek out the views of State, local, and pected to have on private property owners, the public since the Federal regulation was pro- tribal governments, and impacted parties within including the use and value of affected prop- mulgated; the private sector (including small business), on erty.’’. costs, benefits, and risks; and ‘‘(4) the extent to which the Federal regula- ‘‘(B) solicit ideas about alternative methods of tion overlaps, duplicates, or conflicts with other The Acting CHAIR. Pursuant to compliance and potential flexibilities, and input Federal regulations, and, to the extent feasible, House Resolution 78, the gentleman on whether the Federal regulation will har- with State and local governmental rules; from New York (Mr. REED) and a Mem- monize with and not duplicate similar laws in ‘‘(5) the degree to which technology, economic ber opposed each will control 5 min- other levels of government. conditions, or other factors have changed in the utes. area affected by the Federal regulation; ‘‘(5) Consultations shall address the cumu- The Chair recognizes the gentleman lative impact of regulations on the affected enti- ‘‘(6) a complete analysis of the retrospective direct costs and benefits of the Federal regula- from New York. ties. Mr. REED. Mr. Chairman, I yield my- ‘‘(6) Agencies may accept electronic submis- tion that considers studies done outside the Fed- sions of comments by relevant parties but may eral Government (if any) estimating such costs self such time as I may consume. not use those comments as the sole method of or benefits; and Mr. Chairman, private property satisfying the guidelines in this subsection.’’. ‘‘(7) any litigation history challenging the rights are fundamental to our liberties Federal regulation.’’. SEC. 11. NEW AUTHORITIES AND RESPONSIBIL- and freedom as American citizens. ITIES FOR OFFICE OF INFORMATION SEC. 13. EXPANSION OF JUDICIAL REVIEW. These rights are recognized in the AND REGULATORY AFFAIRS. Section 401(a) of the Unfunded Mandates Re- Fifth Amendment to our United States Section 208 of the Unfunded Mandates Reform form Act of 1995 (2 U.S.C. 1571(a)) is amended— (1) in paragraphs (1) and (2)(A)— Constitution. Act of 1995 (2 U.S.C. 1538) is amended to read as The overreaching actions from gov- follows: (A) by striking ‘‘sections 202 and 203(a)(1) and (2)’’ each place it appears and inserting ‘‘sec- ernment on all levels—in particular ‘‘SEC. 208. OFFICE OF INFORMATION AND REGU- LATORY AFFAIRS RESPONSIBILITIES. tions 201, 202, 203(a)(1) and (2), and 205(a) and here, today, the Federal Government (b)’’; and ‘‘(a) IN GENERAL.—The Administrator of the and its agencies—is infringing on these Office of Information and Regulatory Affairs (B) by striking ‘‘only’’ each place it appears; rights by limiting property use and im- (2) in paragraph (2)(B), by striking ‘‘section shall provide meaningful guidance and over- pacting property values. This is not 202’’ and all that follows through the period at sight so that each agency’s regulations for the end and inserting the following: ‘‘section right, and we must address this issue. which a written statement is required under sec- 202, prepare the written plan under section My amendment is simple, and it is tion 202 are consistent with the principles and 203(a)(1) and (2), or comply with section 205(a) fair. The amendment will require agen- requirements of this title, as well as other appli- and (b), a court may compel the agency to pre- cies to assess the impact of their gov- cable laws, and do not conflict with the policies pare such written statement, prepare such writ- or actions of another agency. If the Adminis- ernmental actions on private property, ten plan, or comply with such section.’’; and trator determines that an agency’s regulations including the use and value of that pri- (3) in paragraph (3), by striking ‘‘written for which a written statement is required under vate property. statement or plan is required’’ and all that fol- section 202 do not comply with such principles Mr. Chairman, this will ensure fair- lows through ‘‘shall not’’ and inserting the fol- and requirements, are not consistent with other lowing: ‘‘written statement under section 202, a ness and transparency. Agencies will applicable laws, or conflict with the policies or written plan under section 203(a)(1) and (2), or have to recognize the effects their gov- actions of another agency, the Administrator compliance with sections 201 and 205(a) and (b) ernment action will have on private shall identify areas of non-compliance, notify is required, the inadequacy or failure to prepare property once this amendment is ap- the agency, and request that the agency comply such statement (including the inadequacy or before the agency finalizes the regulation con- proved. failure to prepare any estimate, analysis, state- cerned. Mr. Chairman, I have heard from con- ment, or description), to prepare such written ‘‘(b) ANNUAL STATEMENTS TO CONGRESS ON stituents in my district and from plan, or to comply with such section may’’. AGENCY COMPLIANCE.—The Director of the Of- across America that this government fice of Information and Regulatory Affairs an- SEC. 14. BUREAU FUNDING AUTHORITY. needs to be held in check and, in par- The Director of the Bureau of Consumer Fi- nually shall submit to Congress, including the ticular, when it comes to our funda- Committee on Homeland Security and Govern- nancial Protection may not request, under sec- tion 1017 of the Consumer Financial Protection mental freedoms such as private prop- mental Affairs of the Senate and the Committee erty rights. on Oversight and Government Reform of the Act of 2010, during fiscal year 2016 an amount House of Representatives, a written report de- that would result in the total amount requested At this point in time, Mr. Chairman, tailing compliance by each agency with the re- by the Director during that fiscal year to exceed I yield 1 minute to the gentleman from quirements of this title that relate to regulations $550,000,000. Utah, Chairman CHAFFETZ, chairman of for which a written statement is required by sec- The Acting CHAIR. No further the Oversight and Government Reform tion 202, including activities undertaken at the amendment to the bill, as amended, Committee. request of the Director to improve compliance, shall be in order except those printed Mr. CHAFFETZ. Mr. Chairman, I ap- during the preceding reporting period. The re- in part C of the report. Each such fur- preciate Congressman REED and what port shall also contain an appendix detailing ther amendment may be offered only in he is trying to do here. I think this compliance by each agency with section 204.’’. the order printed in the report, by a makes a lot of sense. SEC. 12. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL REGULATIONS. Member designated in the report, shall His amendment asks agencies to con- The Unfunded Mandates Reform Act of 1995 be considered read, shall be debatable sider the effects of regulatory action (Public Law 104–4; 2 U.S.C. 1511 et seq.) is for the time specified in the report upon private property owners. The amended— equally divided and controlled by the amendment furthers the bill’s intent to

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Under this section, any one of nearly number of assumptions that make an Federal regulators should consider 100 Members of Congress could tie an accurate analysis difficult, if not im- the effects of any regulation on private agency up in knots, forcing review possible. property owners. after review of any existing rule. H.R. 50 allows committee chairmen I urge my colleagues to support this I asked the nonpartisan Congres- and ranking members to ask for the amendment. sional Research Service to analyze the retrospective reviews of specific regu- Mr. CUMMINGS. Mr. Chairman, I constitutionality of this section. CRS lations. claim the time in opposition to the provided my staff with a memo that I think there needs to be a degree of amendment. found that section 12 of H.R. 50 raises a deference and some respect for the idea The Acting CHAIR. The gentleman serious constitutional question. that it is for committee chairmen and from Maryland is recognized for 5 min- CRS evaluated the impact of the Su- ranking members, both sides of the utes. preme Court’s decision in INS v. aisle, not just based on some whim. I Mr. CUMMINGS. Mr. Chairman, I am Chadha. In that case, the Court held think it is offensive to suggest that it not going to really oppose this amend- that Congress can exercise its legisla- be just some whimsical thing. This allows an important check on ment. This amendment would add a re- tive authority only through bicameral any pre-implementation cost-benefit quirement that agencies evaluate the passage of legislation that is then pre- analysis, and these retrospective re- impacts of a rule on private property sented to the President. views better clarify the true costs of owners. I do not object to this require- CRS evaluated whether giving indi- regulation. Even President Obama sup- ment in isolation. vidual Members of Congress the au- ports retrospective reviews and issued The problem is that this amendment thority to demand agency action would an executive order requiring agencies adds one more requirement to the lay- violate that requirement. Here is what CRS found: ‘‘It could be to conduct them. ers of red tape this bill already adds to More importantly, retrospective re- argued that imbuing certain Members the rulemaking process. views work. In April of 2014, the GAO with the authority to demand that an I yield back the balance of my time. issued a report on retrospective re- agency prepare a report under section Mr. REED. Mr. Chairman, I thank views at 22 executive agencies. That re- 12 is an action of sufficient legislative the ranking member and the chairman port found that more than 90 percent of character and effect as to trigger the for their lack of opposition in support retrospective regulation reviews led bicameralism and presentment require- of this amendment. the agencies to revise, clarify, or elimi- ments of article I.’’ In closing, Mr. Chairman, I would nate regulation text—90 percent. just say, as we care about American CRS also found there is a ‘‘tenable However, the pace of retrospective citizens across the country, we must argument that the provisions of sec- review is much slower than planned, stand with them, and we must support tion 12 raise constitutional concerns of and the 22 agencies reviewed by the their fundamental freedoms that are the magnitude addressed in Chadha.’’ GAO had plans to conduct more than Congress certainly has a legitimate represented in our Constitution, and 650 retrospective reviews but had only interest in conducting oversight of that is what this amendment will do. completed 246 of them as of August of agency actions. It is appropriate for It is a simple, concise amendment 2013. that will just recognize that the gov- House committees to request informa- As you can see, the agencies are al- ernment, once and for all, must recog- tion about agency rules and how they ready doing this work. It is good to go nize that it is impacting private prop- can be improved, but committees al- back and review. We shouldn’t be erty rights in America with its actions ready have the opportunity to conduct afraid of that. We should encourage it. and quantify that impact when it that type of oversight. This provision in the bill simply al- comes to the use and value of their pri- We don’t need to require in legisla- lows Congress to work with agencies to vate property. tion that an agency conduct an en- prioritize regulatory areas most impor- Mr. Chair, I ask my colleagues to tirely new cost-benefit analysis for po- tant to the American taxpayer. We support this amendment and the under- tentially every rule on the books at the need to maintain the ability to make lying bill, and I yield back the balance whim of individual Members of Con- such requests, and I urge my colleagues of my time. gress. CRS notes that Congress could to oppose this amendment. The Acting CHAIR. The question is conduct these reviews as part of its Mr. Chairman, I reserve the balance on the amendment offered by the gen- oversight prerogative. of my time. tleman from New York (Mr. REED). CRS goes on to note, however, that if Mr. CUMMINGS. Mr. Chairman, may The amendment was agreed to. these reviews were considered part of I inquire as to how much time we have AMENDMENT NO. 2 OFFERED BY MR. CUMMINGS congressional oversight rather than an on this side? The Acting CHAIR. It is now in order exercise of legislative authority, they The Acting CHAIR. The gentleman to consider amendment No. 2 printed in ‘‘would leave open significant and un- from Maryland has 2 minutes remain- part C of House Report 114–14. resolved questions regarding the pa- ing. Mr. CUMMINGS. Mr. Chairman, I rameters of congressional oversight au- Mr. CUMMINGS. I yield 1 minute to have an amendment at the desk. thority.’’ These questions are signifi- the gentleman from Virginia (Mr. CON- The Acting CHAIR. The Clerk will cant enough to warrant stripping this NOLLY). Mr. CONNOLLY. I thank my friend. designate the amendment. section from the bill. In addition, section 12 would threat- Mr. Chairman, I think we do have The text of the amendment is as fol- something to be concerned about with lows: en the ability of agencies to carry out their missions. The more time an agen- this provision of the bill, and I rise en- Strike section 12. cy spends responding to demands for thusiastically to support Mr. CUM- The Acting CHAIR. Pursuant to rule reviews, the less time it is spend- MINGS’ amendment. He has raised seri- House Resolution 78, the gentleman ing performing the work it is supposed ous issues about the constitutional na- from Maryland (Mr. CUMMINGS) and a to be doing. ture of this provision which could take Member opposed each will control 5 down the whole bill. minutes. b 1500 I was working in the United States The Chair recognizes the gentleman I urge my colleagues to vote ‘‘yes’’ Senate at the time of the Chadha ren- from Maryland. on this amendment, and I reserve the dering by the Supreme Court, and it is Mr. CUMMINGS. Mr. Chairman, my balance of my time. crystal clear. It is crystal clear to me amendment strikes section 12 of the Mr. CHAFFETZ. Mr. Chairman, I rise that this retrospective provision, em- bill. in opposition to the amendment. powering Congress, tantamount to a

VerDate Sep 11 2014 02:30 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.036 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H783 legislative veto, though we don’t call it The question was taken; and the Act- negative, takes place over the year fol- that, is an encroachment on executive ing Chair announced that the noes ap- lowing enactment. authority, and will be so found by peared to have it. If the Unfunded Mandates Act, by courts. Mr. CUMMINGS. Mr. Chairman, I de- lessening the independence of inde- Therefore, I think it is prudent for mand a recorded vote. pendent regulatory agencies and this body to adopt the Cummings The Acting CHAIR. Pursuant to strengthening the influence of the pri- amendment and clear that constitu- clause 6 of rule XVIII, further pro- vate sector in the Federal rulemaking tional cloud that hangs over H.R. 50. ceedings on the amendment offered by process, does, in fact, spur the eco- Mr. CHAFFETZ. Mr. Chairman, that the gentleman from Maryland will be nomic growth we have heard so much is some good creative thinking right postponed. about to at least match the average an- there. I reserve the balance of my time. AMENDMENT NO. 3 OFFERED BY MR. CONNOLLY nual real GDP growth rates achieved Mr. CUMMINGS. Mr. Chairman, I The Acting CHAIR. It is now in order during two administrations, the John- yield myself such time as I may con- to consider amendment No. 3 printed in son and Kennedy administrations, and sume. in the last 2 quarters of this adminis- One of the things that we have to part C of House Report 114–14. Mr. CONNOLLY. Mr. Chairman, I tration so far, what is the threat? keep in mind, the President is the have an amendment at the desk. What are we afraid of? President. You are talking about 100 However, if it fails to spur the prom- The Acting CHAIR. The Clerk will Members of Congress, as opposed to the ised economic growth to at least designate the amendment. President. The President has done this, The text of the amendment is as fol- achieve an average annual growth rate and the chairman admits that they are of 5 percent over the year following the lows: already behind. At the end of the bill, add the following enactment of the law, then the statu- So now what we are going to do is new section: tory changes made by H.R. 50 will be bring in a whole new 100 people, at a SEC. 14. SUNSET OF UNFUNDED MANDATES RE- repealed. whim, to say, We don’t like something FORM ACT AND CONGRESSIONAL Five percent is reasonable. It is a and let’s pull it back. BUDGET ACT AMENDMENTS IF GDP reasonable target goal when one con- No. I think we are better than that, GROWTH FAILS TO INCREASE AT AV- siders that, according to the Bureau of and I think it does have constitutional ERAGE ANNUAL RATE OF 5 PERCENT OR MORE. Economic Analysis, real GDP growth problems. I think enough is being done, (a) SUNSET.—If the real gross domestic under the Obama economy reached 4.6 and I am glad to hear somebody giving product of the United States fails to increase percent in the second quarter and 5 the President some credit for some- at an average annual rate of 5 percent or percent in the fourth. thing. The fact is that he has been more for the first 4 calendar quarters occur- Why wouldn’t we expect H.R. 50 to be most aggressive in this area. ring after the date of the enactment of this able to sustain that growth rate and, I don’t think that this provision is Act, as determined under subsection (b), indeed, improve on it in the first full needed, and I would urge Members to then the amendments made by this Act to year after enactment? vote in favor of my amendment. the Unfunded Mandates Reform Act of 1995 Finally, I would note that, according Mr. Chairman, I yield back the bal- (Public Law 104–4; 2 U.S.C. 1511 et seq.) and to the preliminary estimate of the Con- ance of my time. the Congressional Budget Act of 1974 (2 gressional Budget Office, this amend- Mr. CHAFFETZ. Mr. Chairman, I U.S.C. 602 et seq.) are repealed. (b) DETERMINATION OF GROWTH OF GDP.— ment would not increase direct spend- yield myself such time as I may con- For purposes of subsection (a), the Director ing or reduce revenues, and I strongly sume. of the Office of Management and Budget urge all of the Members in the body to I want to highlight, again, that when shall— adopt this commonsense amendment. there was a report done by the GAO, (1) calculate the average annual rate of Mr. Chairman, I reserve the balance they found that 90 percent of retrospec- growth of the real gross domestic product for of my time. tive regulation reviews led agencies to the first 4 calendar quarters occurring after Mr. CHAFFETZ. Mr. Chairman, I rise revise, clarify, or eliminate regulatory the date of the enactment of this Act; and in opposition to the amendment. text. (2) submit to Congress a report containing The Acting CHAIR. The gentleman All this does is ask for a report. It such calculation and such other information from Utah is recognized for 5 minutes. doesn’t repeal it. It is not going to slow as the Director considers appropriate, not Mr. CHAFFETZ. I thank the gen- later than 30 days after the end of the 4th tleman, and I appreciate my colleague it down. What it does is ask for a re- calendar quarter occurring after such date of port. That is an important process to enactment. from Virginia. I appreciate his tenacity and good work on these issues and on go through, and when we have gone The Acting CHAIR. Pursuant to the Committee on Oversight and Gov- through it in the past, 90 percent of the House Resolution 78, the gentleman time, according to the GAO, it has led ernment Reform. from Virginia (Mr. CONNOLLY) and a to revisions that are important. But I do have to suggest that if the Member opposed each will control 5 It is very difficult to understand economy is struggling, Federal regu- what is going to happen on the front minutes. lators should be extra concerned about The Chair recognizes the gentleman end. All we are asking for in this bill is imposing undue and unnecessary costs from Virginia. let’s consult with the individuals, the on to the American public and the pri- Mr. CONNOLLY. I yield myself such property owners, others who are af- vate sector job creators. time as I may consume. H.R. 50 helps ensure that regulations fected, and then, if we need a report, Mr. Chairman, I rise today to urge and we are going to limit that to chair- that impose unfunded mandates on my colleagues to support this simple, men and ranking members, that is an State, local, and tribal governments clear amendment to H.R. 50. This appropriate thing to do. and the private sector are fully ana- What are we afraid of? We are just amendment seeks to establish a per- lyzed and considered. trying to get transparency to the issue formance-based sunset mechanism Keep in mind, we are focused here on and be able to highlight this. stipulating that, in the event that the unfunded mandates. This amendment I worry, when you talk about the average annual rate of real GDP would repeal this helpful legislation if numbers of reviews and how far behind, growth remains below 5 percent over the GDP rate grows at a rate of less it just shows the massive numbers of the first 4 quarters occurring after the than 5 percent. To me, this is counter- regulations that go through this proc- date of enactment, then the statutory productive. ess. We should be able to review those. changes made by H.R. 50 are repealed GDP is a deliberately broad measure There are real Americans that are af- because the bill will have been proved of economic growth. The GDP does not fected by this every day. to have been ineffective. reflect the impact a regulatory man- I urge my colleagues to vote ‘‘no’’ on This amendment sets up a real world date might have on a State or local this amendment. measurement and a sunset mechanism government or a portion of the private Mr. Chairman, I yield back the bal- that supporters and opponents, it sector, nor does it reflect the impact of ance of my time. seems to me, can support, since it fea- regulations as a whole. The Acting CHAIR. The question is tures the flexibility to ensure an opti- Ultimately, GDP growth is not a sub- on the amendment offered by the gen- mal response to whichever prediction stitute for a sensible regulatory anal- tleman from Maryland (Mr. CUMMINGS). of the impact of H.R. 50, positive or ysis and process. I would argue that,

VerDate Sep 11 2014 02:30 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.039 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H784 CONGRESSIONAL RECORD — HOUSE February 4, 2015 regardless of GDP growth or reduction, The Acting CHAIR. The gentleman AMENDMENT NO. 2 OFFERED BY MR. CUMMINGS we need to allow, particularly these from Utah has 31⁄2 minutes remaining. The Acting CHAIR. The unfinished local governments, these tribal govern- Mr. CHAFFETZ. Mr. Chairman, to business is the demand for a recorded ments, these private individuals—it is take a metric of the gross domestic vote on the amendment offered by the the little guy that has this unfunded product, the entire economy, and then gentleman from Maryland (Mr. CUM- mandate thrust upon them that we have that be the weighted factor by MINGS) on which further proceedings have to review. what may happen to a dairy farmer, for were postponed and on which the noes So repealing H.R. 50 if the GDP is instance, who is out there in Utah or prevailed by voice vote. failing to grow is contrary to the very Kansas or Colorado is not the way that The Clerk will redesignate the purpose of this bill and, therefore, I we should be determining whether or amendment. stand in opposition to the gentleman’s not H.R. 50 is in place. The Clerk redesignated the amend- If the economy is waning, if the econ- amendment. ment. Mr. Chairman, I reserve the balance omy is decreasing, if our production RECORDED VOTE of my time. overall for our Nation is declining, that The Acting CHAIR. A recorded vote Mr. CONNOLLY. I would inquire of may be the very key indicator that we has been demanded. the Chair how much time remains on have thrust too many unfunded man- this side. dates upon the little guy, the dairy A recorded vote was ordered. The Acting CHAIR. The gentleman farmer, the person who has got a trans- The vote was taken by electronic de- mission shop. It could be a whole host vice, and there were—ayes 179, noes 245, from Virginia has 21⁄2 minutes remain- ing. of things. It may be upon private prop- not voting 9, as follows: Mr. CONNOLLY. Mr. Chairman, I erty owners. It could be—you name it. [Roll No. 61] Pretty much in this country, there yield myself such time as I may con- AYES—179 are mandates that are thrust upon peo- sume. ple, and they feel like they have no Adams Garamendi Norcross I just want to say in response to my Aguilar Gibson O’Rourke ability, no understanding why this hap- friend from Utah, also a neat argu- Bass Graham Pallone pens. They don’t feel like they have a ment. All of a sudden we are now re- Beatty Grayson Pascrell voice in the process. Becerra Green, Al Payne treating from the economic rationale So I stand in opposition to this Bera Green, Gene Pelosi for moving beyond unfunded mandates, amendment. So, to the overall gross Beyer Grijalva Perlmutter for getting the hobnail-booted govern- Bishop (GA) Hahn Peters economy, to say that we are just going Blumenauer Hastings ment off the necks of business so jobs Pingree to repeal that, H.R. 50, and get rid of Bonamici Heck (WA) Pocan Boyle (PA) Higgins can grow and the economy can just our ability to ask people to consult, Polis Brady (PA) Himes take off. Now, that is not really the Price (NC) ask the government agencies to con- Brown (FL) Hinojosa Quigley purpose of this. It is transparency and sult with local governments, to consult Brownley (CA) Honda Rangel getting unfunded mandates exposed. I with private individuals, to talk to Bustos Hoyer Butterfield Huffman Rice (NY) think that is a fairly weak argument small businesses, we are going to just Richmond and justification for a bad bill. Capps Israel get rid of that because the economy is Capuano Jackson Lee Roybal-Allard Mr. Chairman, I yield 1 minute to the waning? Ca´ rdenas Jeffries Ruiz gentleman from Maryland (Mr. CUM- Carney Johnson, E. B. Ruppersberger 1515 Rush MINGS), the distinguished ranking b Carson (IN) Kaptur I would argue that part of the reason Cartwright Keating Ryan (OH) member. Castor (FL) Kelly (IL) Sa´ nchez, Linda Mr. CUMMINGS. I thank the gen- our economy hasn’t taken off is there Castro (TX) Kennedy T. tleman for yielding. are too many unfunded mandates. The Cicilline Kildee Sanchez, Loretta Mr. Chairman, I rise in support of government imposes these, and they Clark (MA) Kilmer Sarbanes don’t have a full understanding of what Clarke (NY) Kind Schakowsky this commonsense amendment. The Clay Kirkpatrick Schiff legislation we are considering today is causing these people to not hire Cleaver Kuster Schrader has been sold by supporters as a jobs more people, to invest more capital. Clyburn Langevin Scott (VA) bill. Give me a break. So I stand in opposition to this. I ap- Cohen Larsen (WA) Scott, David preciate the gentleman who offered it, Connolly Larson (CT) Serrano This amendment simply says that if Conyers Lawrence but I stand in opposition to this Sewell (AL) the economy doesn’t improve the way Cooper Levin Sherman the bill’s supporters say it will, then amendment. I would urge my col- Courtney Lewis Sires leagues a ‘‘no’’ vote. Crowley Lieu (CA) Slaughter the bill will sunset. It is as simple as Cuellar Lipinski that. The amendment would leave the I yield back the balance of my time. Smith (WA) The Acting CHAIR. The question is Cummings Loebsack Speier Unfunded Mandates Reform Act un- Davis (CA) Lowenthal Swalwell (CA) on the amendment offered by the gen- Davis, Danny Lowey touched. This sunset provision would Takai DeFazio Lujan Grisham tleman from Virginia (Mr. CONNOLLY). Takano only impact the changes made by this DeGette (NM) The question was taken; and the Act- Thompson (CA) Delaney Luja´ n, Ben Ray bill. For those reasons, I strongly sup- Thompson (MS) ing Chair announced that the noes ap- DeLauro (NM) port the amendment. Titus peared to have it. DelBene Lynch Mr. CHAFFETZ. Mr. Chairman, I Tonko Mr. CONNOLLY. Mr. Chair, I demand DeSaulnier Maloney, Torres continue to reserve the balance of my a recorded vote. Deutch Carolyn time. Dingell Maloney, Sean Tsongas The Acting CHAIR. Pursuant to Van Hollen Mr. CONNOLLY. In summary, Mr. Doggett Matsui clause 6 of rule XVIII, further pro- Doyle (PA) McCollum Vargas Chairman, I think this is a common- ceedings on the amendment offered by Edwards McDermott Veasey sense amendment. I think it sets a the gentleman from Virginia will be Ellison McGovern Vela metric that I would hope my friends on Engel McNerney Vela´ zquez postponed. Eshoo Meeks Visclosky the other side of the aisle would actu- ANNOUNCEMENT BY THE ACTING CHAIR Esty Meng Walz ally embrace so that we can see wheth- The Acting CHAIR. Pursuant to Farr Moore Wasserman er a new piece of legislation is, in fact, clause 6 of rule XVIII, proceedings will Fattah Moulton Schultz working. It would allow the bill to go Foster Murphy (FL) Waters, Maxine now resume on those amendments Frankel (FL) Nadler Watson Coleman into place for a whole year before that printed in part C of House Report 114– Fudge Napolitano Welch metric kicks in. I think it is a com- 14 on which further proceedings were Gabbard Neal Wilson (FL) monsense amendment that actually postponed, in the following order: Gallego Nolan Yarmuth gives us a chance to see whether the Amendment No. 2 by Mr. CUMMINGS NOES—245 philosophy undergirding this legisla- of Maryland. Abraham Barletta Black tion is, indeed, justified. Amendment No. 3 by Mr. CONNOLLY Aderholt Barr Blackburn Mr. Chairman, I yield back the bal- of Virginia. Allen Barton Blum ance of my time. The Chair will reduce to 2 minutes Amash Benishek Bost Amodei Bilirakis Boustany Mr. CHAFFETZ. Mr. Chair, how the minimum time for any electronic Ashford Bishop (MI) Brady (TX) much time remains? vote after the first vote in this series. Babin Bishop (UT) Brat

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.041 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H785 Bridenstine Holding Pompeo vote on the amendment offered by the Carter (TX) Hurd (TX) Reed Brooks (AL) Hudson Posey Chabot Hurt (VA) Reichert gentleman from Virginia (Mr. CON- Brooks (IN) Huelskamp Price (GA) Chaffetz Issa Renacci Buchanan Huizenga (MI) Ratcliffe NOLLY) on which further proceedings Clawson (FL) Jenkins (KS) Ribble Buck Hultgren Reed were postponed and on which the noes Coffman Jenkins (WV) Rice (SC) Bucshon Hunter Reichert prevailed by voice vote. Cole Johnson (OH) Rigell Burgess Hurd (TX) Renacci Collins (GA) Johnson, Sam Roby Byrne Hurt (VA) Ribble The Clerk will redesignate the Collins (NY) Jolly Rogers (AL) Calvert Issa Rice (SC) amendment. Comstock Jones Rogers (KY) Carter (GA) Jenkins (KS) Rigell The Clerk redesignated the amend- Conaway Jordan Rohrabacher Carter (TX) Jenkins (WV) Roby Cook Joyce ment. Rokita Chabot Johnson (OH) Rogers (AL) Cooper Katko Rooney (FL) Chaffetz Johnson, Sam Rogers (KY) RECORDED VOTE Costa Kelly (PA) Ros-Lehtinen Clawson (FL) Jolly Rohrabacher Costello (PA) King (IA) The Acting CHAIR. A recorded vote Roskam Coffman Jones Rokita Cramer King (NY) Ross Cole Jordan Rooney (FL) Crawford Kinzinger (IL) has been demanded. Rothfus Collins (GA) Joyce Ros-Lehtinen Crenshaw Kline A recorded vote was ordered. Rouzer Collins (NY) Katko Roskam Cuellar Knight Royce Comstock Kelly (PA) Ross The Acting CHAIR. This will be a 2- Culberson Labrador Russell Conaway King (IA) Rothfus Curbelo (FL) LaMalfa minute vote. Ryan (WI) Cook King (NY) Rouzer The vote was taken by electronic de- Davis, Rodney Lamborn Costa Kinzinger (IL) Royce Delaney Lance Salmon Costello (PA) Kline Russell vice, and there were—ayes 173, noes 249, Denham Latta Sanford Cramer Knight Ryan (WI) not voting 11, as follows: Dent LoBiondo Scalise Schock Crawford Labrador Salmon [Roll No. 62] DeSantis Long Crenshaw LaMalfa Sanford DesJarlais Loudermilk Schrader Culberson Lamborn Scalise AYES—173 Dold Love Schweikert Curbelo (FL) Lance Schock Duffy Lucas Scott, Austin Adams Graham O’Rourke Davis, Rodney Latta Schweikert Duncan (SC) Luetkemeyer Sensenbrenner Aguilar Grayson Pallone Denham LoBiondo Scott, Austin Duncan (TN) Lummis Sessions Bass Green, Al Pascrell Dent Long Sensenbrenner Ellmers MacArthur Shimkus Beatty Green, Gene DeSantis Loudermilk Sessions Payne Emmer Marchant Shuster Becerra Grijalva DesJarlais Love Shimkus Pelosi Farenthold Marino Simpson Bera Hahn Diaz-Balart Lucas Shuster Perlmutter Fincher Massie Sinema Beyer Hastings Dold Luetkemeyer Simpson Peters Fitzpatrick McCarthy Smith (MO) Bishop (GA) Heck (WA) Duffy Lummis Sinema Pingree Fleischmann McCaul Smith (NE) Blumenauer Higgins Duncan (SC) MacArthur Smith (MO) Pocan Fleming McClintock Smith (NJ) Bonamici Himes Duncan (TN) Marchant Smith (NE) Polis Flores McHenry Smith (TX) Boyle (PA) Hinojosa Ellmers Marino Smith (NJ) Price (NC) Forbes McKinley Brady (PA) Honda Stefanik Emmer Massie Smith (TX) Quigley Fortenberry McMorris Brown (FL) Hoyer Stewart Farenthold McCarthy Stefanik Rangel Foxx Rodgers Brownley (CA) Huffman Stivers Fincher McCaul Stewart Rice (NY) Franks (AZ) McSally Bustos Israel Stutzman Fitzpatrick McClintock Stivers Frelinghuysen Meadows Butterfield Jeffries Richmond Thompson (PA) Fleischmann McHenry Stutzman Garrett Meehan Capps Johnson (GA) Roybal-Allard Thornberry Fleming McKinley Thompson (PA) Gibbs Messer Capuano Johnson, E. B. Ruiz Tiberi Flores McMorris Thornberry Gibson Mica Ca´ rdenas Kaptur Ruppersberger Tipton Forbes Rodgers Tiberi Gohmert Miller (FL) Carney Keating Rush Trott Fortenberry McSally Tipton Goodlatte Miller (MI) Carson (IN) Kelly (IL) Ryan (OH) Turner Foxx Meadows Trott Gosar Moolenaar Cartwright Kennedy Sa´ nchez, Linda Upton Franks (AZ) Meehan Turner Gowdy Mooney (WV) Castor (FL) Kildee T. Valadao Frelinghuysen Messer Upton Granger Mullin Castro (TX) Kilmer Sanchez, Loretta Wagner Garrett Mica Valadao Graves (GA) Mulvaney Cicilline Kind Sarbanes Walberg Gibbs Miller (FL) Wagner Graves (LA) Murphy (FL) Clark (MA) Kirkpatrick Schakowsky Walden Gohmert Miller (MI) Walberg Graves (MO) Murphy (PA) Clarke (NY) Kuster Schiff Walker Goodlatte Moolenaar Walden Griffith Neugebauer Clay Langevin Scott (VA) Walorski Gosar Mooney (WV) Walker Grothman Newhouse Cleaver Larsen (WA) Walters, Mimi Gowdy Mullin Walorski Scott, David Guinta Noem Clyburn Larson (CT) Weber (TX) Granger Mulvaney Walters, Mimi Serrano Guthrie Nugent Cohen Lawrence Graves (GA) Murphy (PA) Weber (TX) Sewell (AL) Hanna Nunes Webster (FL) Connolly Levin Graves (LA) Neugebauer Webster (FL) Sherman Hardy Olson Wenstrup Conyers Lewis Graves (MO) Newhouse Wenstrup Sires Harper Palazzo Westerman Courtney Lieu (CA) Griffith Noem Westerman Slaughter Harris Palmer Westmoreland Crowley Lipinski Grothman Nugent Westmoreland Smith (WA) Hartzler Paulsen Whitfield Cummings Loebsack Guinta Nunes Whitfield Speier Heck (NV) Pearce Williams Davis (CA) Lowenthal Guthrie Olson Williams Swalwell (CA) Hensarling Perry Wilson (SC) Davis, Danny Lowey Hanna Palazzo Wilson (SC) Takai Herrera Beutler Peterson Wittman DeFazio Lujan Grisham Hardy Palmer Wittman Takano Hice (GA) Pittenger Womack DeGette (NM) Harper Paulsen Womack Thompson (CA) Hill Pitts Woodall DeLauro Luja´ n, Ben Ray Harris Pearce Woodall Thompson (MS) Holding Poe (TX) Yoder DelBene (NM) Hartzler Perry Yoder Titus Hudson Poliquin Yoho DeSaulnier Lynch Heck (NV) Peterson Yoho Huelskamp Pompeo Young (IA) Deutch Maloney, Tonko Hensarling Pittenger Young (IA) Huizenga (MI) Posey Young (IN) Dingell Carolyn Torres Herrera Beutler Pitts Young (IN) Hultgren Price (GA) Zeldin Doggett Maloney, Sean Tsongas Hice (GA) Poe (TX) Zeldin Hunter Ratcliffe Zinke Doyle (PA) Matsui Van Hollen Hill Poliquin Zinke Edwards McCollum Vargas NOT VOTING—11 Ellison McDermott Veasey NOT VOTING—9 ´ Engel McGovern Vela Babin Gutierrez Nunnelee Chu (CA) Johnson (GA) Nunnelee Eshoo McNerney Vela´ zquez Chu (CA) Jackson Lee Roe (TN) Duckworth Lee Roe (TN) Esty Meeks Visclosky Diaz-Balart Lee Young (AK) Gutie´rrez Lofgren Young (AK) Farr Meng Walz Duckworth Lofgren Wasserman b 1543 Fattah Moore ANNOUNCEMENT BY THE ACTING CHAIR Foster Moulton Schultz Messrs. COSTELLO of Pennsylvania, Frankel (FL) Nadler Waters, Maxine The Acting CHAIR (during the vote). TURNER, HUELSKAMP, Mrs. BLACK- Fudge Napolitano Watson Coleman There is 1 minute remaining. BURN, Mrs. BROOKS of Indiana, and Gabbard Neal Welch Gallego Nolan Wilson (FL) b 1548 Mr. MURPHY of Pennsylvania changed Garamendi Norcross Yarmuth their vote from ‘‘aye’’ to ‘‘no.’’ Mr. BROOKS of Alabama changed his Ms. LINDA T. SA´ NCHEZ of Cali- NOES—249 vote from ‘‘aye’’ to ‘‘no.’’ fornia and Mr. CLYBURN changed Abraham Bilirakis Bridenstine So the amendment was rejected. their vote from ‘‘no’’ to ‘‘aye.’’ Aderholt Bishop (MI) Brooks (AL) The result of the vote was announced Allen Bishop (UT) Brooks (IN) So the amendment was rejected. Amash Black Buchanan as above recorded. The result of the vote was announced Amodei Blackburn Buck Stated against: as above recorded. Ashford Blum Bucshon Mr. BABIN. Mr. Chair, on roll call no. 62, Barletta Bost Burgess AMENDMENT NO. 3 OFFERED BY MR. CONNOLLY Connolly Amendment, I was unavoidably de- Barr Boustany Byrne The Acting CHAIR. The unfinished Barton Brady (TX) Calvert tained. Had I been present, I would have business is the demand for a recorded Benishek Brat Carter (GA) voted No.

VerDate Sep 11 2014 04:14 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.028 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H786 CONGRESSIONAL RECORD — HOUSE February 4, 2015 The Acting CHAIR. There being no This amendment, Mr. Speaker, pre- urge my colleagues to support this further amendments, under the rule, serves critical protections against sex- amendment. the committee rises. ual and domestic violence. We must Mr. Speaker, I yield back the balance Accordingly, the Committee rose; not be so eager to eliminate regula- of my time. and the Speaker pro tempore (Mr. tions that we remove important pro- Mr. CHAFFETZ. Mr. Speaker, I rise WESTMORELAND) having assumed the tections that keep our communities, in opposition to the motion to recom- chair, Mr. POE of Texas, Acting Chair our children, and our families safe from mit. of the Committee of the Whole House harm. The SPEAKER pro tempore. The gen- on the state of the Union, reported that The underlying bill would essentially tleman from Utah is recognized for 5 that Committee, having had under con- stop or bog down all regulation. My minutes. sideration the bill (H.R. 50) to provide amendment would provide exemptions Mr. CHAFFETZ. Mr. Speaker, I want for additional safeguards with respect from the bill so there is no interrup- to thank the body, thank the Speaker, to imposing Federal mandates, and for tion in efforts to prevent sexual and and the process by which we did this. other purposes, and, pursuant to House domestic violence. This bill came up in regular order in Resolution 78, he reported the bill, as This includes protecting children the Committee on Oversight and Gov- amended by that resolution, back to from convicted sex offenders and pre- ernment Reform. We had a full and the House with a further amendment venting domestic violence, including complete markup. That was followed adopted in the Committee of the stalking. It also addresses rape and by going to the Rules Committee. Whole. sexual assault and using Federal re- Every single amendment that was of- The SPEAKER pro tempore. Under sources for background checks for fered at the Rules Committee was the rule, the previous question is or- school employees. made in order, two Democrat amend- dered. On a personal note, before I came to ments as well as the Republican Is a separate vote demanded on any Congress, I worked as an investigative amendment. We had good and lively de- further amendment reported from the news reporter, and my husband has bate about those, and we just voted on Committee of the Whole? If not, the spent his entire 30-year career in law those amendments. I appreciate that. Chair will put them en gros. enforcement and now serves as sheriff From my heart, I will tell you that I The amendment was agreed to. of Rock Island County, Illinois. Be- look forward to working with the gen- The SPEAKER pro tempore. The tween the two of us, we have come tlewoman from Illinois and everybody question is on the engrossment and across far too many disturbing and else in this body to attack and go third reading of the bill. real-life stories of sexual and domestic after—defend the innocent and make The bill was ordered to be engrossed violence. sure that we attack domestic violence and read a third time, and was read the I will always remember a case that I because it is so prevalent in every as- third time. covered involving a little boy named pect of our society, but I would suggest MOTION TO RECOMMIT Jerry Nelson. He was a small, defense- to you that this is the wrong amend- Mrs. BUSTOS. Mr. Speaker, I have a less child who was murdered in Henry ment. motion to recommit at the desk. County, Illinois, which is now in the What this does, it does not force the The SPEAKER pro tempore. Is the congressional district that I serve. I Federal Government to actually work gentlewoman opposed to the bill? am going to repeat that last line be- with the individuals that are affected. Mrs. BUSTOS. I am opposed in its cause if you didn’t hear it, I hope you What H.R. 50 does, what this bill does current form. will take a listen here because this is is to make sure that the Federal Gov- The SPEAKER pro tempore. The what we are talking about in this ernment consults with individuals, it Clerk will report the motion to recom- amendment. consults with small businesses, those When I was a news reporter, a case I mit. that are affected by mandates. remember most involved a 3-year-old The Clerk read as follows: I want the Federal Government—in Mrs. Bustos moves to recommit the bill child named Jerry Nelson. He was fact, I would love to codify the idea H.R. 50 to the Committee on Oversight and small. He was defenseless. He lived in that the Federal Government in this Government Reform, with instructions to re- an area called Henry County, Illinois, case and what you offer in the motion port the same back to the House forthwith which is now the central part of the shouldn’t talk to these people, they with the following amendment: congressional district I serve. should talk to them. We want them to At the end of the bill, add the following He was beaten. He was abused. He talk to the National Center for Missing new section: was terribly battered by his mother’s and Exploited Children. They should be SEC. 14. STOPPING SEXUAL PREDATORS, DOMES- boyfriend, and this happened across the the first people that they call. If you TIC VIOLENCE, AND RAPE. Mississippi River where I live but in This Act, and the amendments made by want to know what is happening in this this Act, shall not apply to, limit, or restrict the State of Iowa. country, go talk to the individuals who any Federal agency mandate or action the When Jerry’s family moved across are affected by this. purpose of which is to— the Mississippi River into the State of What this legislation, H.R. 50, does is (1) protect students and children from a Illinois, Iowa did not share its case to make sure that individuals are person who has been convicted in any court file—despite having investigated this— asked before; it makes sure that noth- of a sex offense against a minor; with the Illinois authorities, and they ing is repealed. We don’t get to unilat- (2) prevent domestic violence by stopping were not require to do so. erally repeal things. I heard the word persons from harassing, stalking, or threat- There was no mechanism in place for ‘‘repeal.’’ ening a spouse, family member, an intimate sharing the information. Jerry’s abuser partner, or the child of an intimate partner; No, there are reports that we need to (3) prevent rape or sexual assault; or would eventually sexually molest him access and look at, and so if we truly (4) require criminal background checks for and then murder him when he was just want to get after domestic violence and school or other employees through a search 3 years old. At that time, why this was these heinous crimes—these awful, hid- of the National Crime Information Center, so emotional for me is because he was eous crimes—then you want to vote in the FBI’s Integrated Automated Fingerprint the exact same age as my youngest favor of H.R. 50 and make sure that the Identification System, or the National Sex child who today is 24 years old. Federal Government does go and con- Offender Public Website. When doctors examined little Jerry sult with the victims of crime. The SPEAKER pro tempore. The gen- Nelson’s body, they found more than 20 I oppose this motion to recommit and tlewoman from Illinois is recognized bruises, a broken clavicle, and brain in- vote in favor of H.R. 50 by Dr. FOXX. for 5 minutes. juries consistent with falling from a I yield back the balance of my time. Mrs. BUSTOS. Mr. Speaker, this is three-story building onto concrete. the final amendment to the bill. It will My commonsense amendment that I b 1600 not delay or kill the bill or send it am telling you about right now would The SPEAKER pro tempore. Without back to committee. If adopted, the bill help prevent more children like Jerry objection, the previous question is or- will proceed immediately to final pas- from becoming victims of heinous dered on the motion to recommit. sage as amended. crimes and unimaginable trauma. I There was no objection.

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.047 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H787 The SPEAKER pro tempore. The Byrne Hultgren Price (GA) automobile at a grade crossing in Val- Calvert Hunter Ratcliffe question is on the motion to recommit. Carter (GA) Hurd (TX) Reed halla, New York, resulting in the The question was taken; and the Carter (TX) Hurt (VA) Reichert deaths of six people and many others Speaker pro tempore announced that Chabot Issa Renacci injured. the noes appeared to have it. Chaffetz Jenkins (KS) Ribble I stand on the House floor today with Clawson (FL) Jenkins (WV) Rice (SC) RECORDED VOTE Coffman Johnson (OH) Rigell my colleagues to call for a moment of Mrs. BUSTOS. Mr. Speaker, I demand Cole Johnson, Sam Roby silence to honor those who lost their Collins (GA) Jolly Rogers (AL) lives in this tragic accident and offer a recorded vote. Collins (NY) Jordan Rogers (KY) A recorded vote was ordered. Comstock Joyce Rohrabacher sincere condolences to the families of The SPEAKER pro tempore. Pursu- Conaway Katko Rokita the victims, pray for the full recovery ant to clause 9 of rule XX, this 5- Cook Kelly (PA) Rooney (FL) of those injured, and thank our first re- Costello (PA) King (IA) Ros-Lehtinen sponders for quickly arriving at the minute vote on the motion to recom- Cramer King (NY) Roskam mit will be followed by a 5-minute vote Crawford Kinzinger (IL) Ross scene to help others. on the passage of the bill, if ordered. Crenshaw Kline Rothfus The SPEAKER pro tempore. Without Culberson Knight Rouzer objection, 5-minute voting will con- The vote was taken by electronic de- Curbelo (FL) Labrador Royce vice, and there were—ayes 184, noes 239, Davis, Rodney LaMalfa Russell tinue. not voting 10, as follows: Denham Lamborn Ryan (WI) There was no objection. Dent Lance Salmon The SPEAKER pro tempore. The [Roll No. 63] DeSantis Latta Sanford question is on the passage of the bill. AYES—184 DesJarlais LoBiondo Scalise Diaz-Balart Long Schweikert The question was taken; and the Adams Gallego Nolan Dold Loudermilk Scott, Austin Speaker pro tempore announced that Aguilar Garamendi Norcross Duffy Love Sensenbrenner Ashford Graham O’Rourke the ayes appeared to have it. Duncan (SC) Lucas Sessions Beatty Grayson Pallone Ellmers Luetkemeyer Shimkus RECORDED VOTE Becerra Green, Al Pascrell Emmer Lummis Shuster Bera Green, Gene Payne Mr. CUMMINGS. Mr. Speaker, I de- Farenthold MacArthur Simpson Beyer Grijalva Pelosi mand a recorded vote. Fincher Marchant Smith (MO) Bishop (GA) Hahn Perlmutter Fitzpatrick Marino Smith (NE) A recorded vote was ordered. Blumenauer Hastings Peters Fleischmann Massie Smith (NJ) The SPEAKER pro tempore. This is a Bonamici Heck (WA) Peterson Fleming McCarthy Smith (TX) Boyle (PA) Higgins Pingree 5-minute vote. Flores McCaul Stefanik Brady (PA) Himes Pocan Forbes McClintock Stewart The vote was taken by electronic de- Brown (FL) Hinojosa Polis Fortenberry McHenry Stivers vice, and there were—ayes 250, noes 173, Brownley (CA) Honda Price (NC) Foxx McKinley Stutzman Bustos Hoyer Quigley not voting 10, as follows: Franks (AZ) McMorris Thompson (PA) Butterfield Huffman Rangel Frelinghuysen Rodgers Thornberry [Roll No. 64] Capps Israel Rice (NY) Garrett McSally Tiberi AYES—250 Capuano Jackson Lee Richmond Gibbs Meadows Tipton Ca´ rdenas Jeffries Roybal-Allard Abraham Diaz-Balart Johnson, Sam Gibson Meehan Trott Carney Johnson (GA) Ruiz Aderholt Dold Jolly Gohmert Messer Turner Carson (IN) Johnson, E. B. Ruppersberger Allen Duffy Jones Goodlatte Mica Upton Cartwright Jones Rush Amash Duncan (SC) Jordan Gosar Miller (FL) Valadao Castor (FL) Kaptur Ryan (OH) Amodei Duncan (TN) Joyce Gowdy Miller (MI) Wagner Castro (TX) Keating Sa´ nchez, Linda Ashford Ellmers Katko Granger Moolenaar Walberg Cicilline Kelly (IL) T. Babin Emmer Kelly (PA) Graves (GA) Mooney (WV) Walden Clark (MA) Kennedy Sanchez, Loretta Barletta Farenthold King (IA) Graves (LA) Mullin Walker Clarke (NY) Kildee Sarbanes Barr Fincher King (NY) Graves (MO) Mulvaney Walorski Clay Kilmer Schakowsky Barton Fitzpatrick Kinzinger (IL) Griffith Murphy (PA) Walters, Mimi Cleaver Kind Schiff Benishek Fleischmann Kline Grothman Neugebauer Weber (TX) Clyburn Kirkpatrick Schrader Bilirakis Fleming Knight Guinta Newhouse Webster (FL) Cohen Kuster Scott (VA) Bishop (MI) Flores Labrador Guthrie Noem Wenstrup Connolly Langevin Scott, David Bishop (UT) Forbes LaMalfa Hanna Nugent Westerman Conyers Larsen (WA) Serrano Black Fortenberry Lamborn Hardy Nunes Westmoreland Cooper Larson (CT) Sewell (AL) Blackburn Foxx Lance Harper Olson Whitfield Costa Lawrence Sherman Blum Franks (AZ) Latta Harris Palazzo Williams Courtney Levin Sinema Bost Frelinghuysen LoBiondo Hartzler Palmer Wilson (SC) Crowley Lewis Sires Boustany Garrett Long Heck (NV) Paulsen Wittman Cuellar Lieu (CA) Slaughter Brady (TX) Gibbs Loudermilk Hensarling Pearce Womack Cummings Lipinski Smith (WA) Brat Gibson Love Herrera Beutler Perry Woodall Davis (CA) Loebsack Speier Bridenstine Gohmert Lucas Hice (GA) Pittenger Yoder Davis, Danny Lowenthal Swalwell (CA) Brooks (AL) Goodlatte Luetkemeyer Hill Pitts Yoho DeFazio Lowey Takai Brooks (IN) Gosar Lummis Holding Poe (TX) Young (IA) DeGette Lujan Grisham Takano Buchanan Gowdy MacArthur Hudson Poliquin Young (IN) Delaney (NM) Thompson (CA) Buck Graham Marchant Huelskamp Pompeo Zeldin DeLauro Luja´ n, Ben Ray Thompson (MS) Bucshon Granger Marino Huizenga (MI) Posey Zinke DelBene (NM) Titus Burgess Graves (GA) Massie DeSaulnier Lynch Tonko NOT VOTING—10 Byrne Graves (LA) McCarthy Deutch Maloney, Torres Calvert Graves (MO) McCaul Bass Lee Schock Dingell Carolyn Tsongas Carter (GA) Griffith McClintock Chu (CA) Lofgren Young (AK) Doggett Maloney, Sean Van Hollen Carter (TX) Grothman McHenry Duckworth Nunnelee Doyle (PA) Matsui Vargas Chabot Guinta McKinley Gutie´rrez Roe (TN) Duncan (TN) McCollum Veasey Chaffetz Guthrie McMorris Edwards McDermott Vela ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Clawson (FL) Hanna Rodgers Ellison McGovern Vela´ zquez The SPEAKER pro tempore (during Coffman Hardy McSally Engel McNerney Visclosky Cole Harper Meadows Eshoo Meeks Walz the vote). There are 2 minutes remain- Collins (GA) Harris Meehan Esty Meng Wasserman ing. Collins (NY) Hartzler Messer Farr Moore Schultz Comstock Heck (NV) Mica Fattah Moulton Waters, Maxine b 1606 Conaway Hensarling Miller (FL) Foster Murphy (FL) Watson Coleman So the motion to recommit was re- Cook Herrera Beutler Miller (MI) Frankel (FL) Nadler Welch Costa Hice (GA) Moolenaar Fudge Napolitano Wilson (FL) jected. Costello (PA) Hill Mooney (WV) Gabbard Neal Yarmuth The result of the vote was announced Cramer Holding Mullin Crawford Hudson Mulvaney NOES—239 as above recorded. (By unanimous consent, Mrs. LOWEY Crenshaw Huelskamp Neugebauer Abraham Benishek Brady (TX) Cuellar Huizenga (MI) Newhouse Aderholt Bilirakis Brat was allowed to speak out of order.) Culberson Hultgren Noem Allen Bishop (MI) Bridenstine MOMENT OF SILENCE AND PRAYER FOR THE VAL- Curbelo (FL) Hunter Nugent Amash Bishop (UT) Brooks (AL) HALLA, NEW YORK, COMMUTER TRAIN ACCI- Davis, Rodney Hurd (TX) Nunes Delaney Hurt (VA) Olson Amodei Black Brooks (IN) DENT VICTIMS, THEIR FAMILIES, AND THE Denham Issa Palazzo Babin Blackburn Buchanan COMMUNITY Barletta Blum Buck Dent Jenkins (KS) Palmer Barr Bost Bucshon Mrs. LOWEY. Mr. Speaker, yesterday DeSantis Jenkins (WV) Paulsen Barton Boustany Burgess evening, a commuter train struck an DesJarlais Johnson (OH) Pearce

VerDate Sep 11 2014 02:32 Dec 01, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD15\FEB 15\H04FE5.REC H04FE5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H788 CONGRESSIONAL RECORD — HOUSE February 4, 2015 Perry Russell Trott ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. PAULSEN. Mr. Speaker, those Peterson Ryan (WI) Turner The SPEAKER pro tempore (during who sign up to serve and defend our Pittenger Salmon Upton Pitts Sanchez, Loretta Valadao the vote). There are 2 minutes remain- country deserve our respect and sup- Poe (TX) Sanford Wagner ing. port when they return home. Sadly, Poliquin Scalise Walberg there is a crisis in our country when it b 1615 Pompeo Schock Walden comes to our veterans’ health care. Posey Schrader Walker So the bill was passed. Price (GA) Schweikert Walorski With an average of 22 veterans a day Ratcliffe Scott, Austin Walters, Mimi The result of the vote was announced taking their own lives, we are failing Reed Sensenbrenner Weber (TX) as above recorded. them. Reichert Sessions Webster (FL) A motion to reconsider was laid on That is why Congress took action to Renacci Shimkus Wenstrup the table. pass the Clay Hunt Suicide Prevention Ribble Shuster Westerman Stated for: Rice (SC) Simpson Westmoreland for American Veterans Act so as to im- Rigell Sinema Whitfield Mr. MURPHY of Pennsylvania. Mr. Speaker, prove mental health care services and Roby Smith (MO) Williams on rollcall No. 64 had I been present, I would suicide prevention programs at the VA Rogers (AL) Smith (NE) Wilson (SC) have voted aye. and at the Department of Defense. By Rogers (KY) Smith (NJ) Wittman Stated against: establishing pilot programs to recruit Rohrabacher Smith (TX) Womack Rokita Stefanik Woodall Mr. CONYERS. Mr. Speaker, I inadvertently and keep psychiatrists and to establish Rooney (FL) Stewart Yoder did not vote during Roll Call #64 on passage support networks for veterans, the Ros-Lehtinen Stivers Yoho of H.R. 50, the Unfunded Mandates Informa- Clay Hunt SAV Act will help service- Roskam Stutzman Young (IA) tion and Transparency Act of 2015. Had I members transition to life after the Ross Thompson (PA) Young (IN) voted, I would have voted ‘‘nay.’’ Rothfus Thornberry Zeldin military. The bill is named after Clay Rouzer Tiberi Zinke PERSONAL EXPLANATION Hunt, a brave soldier who served in Royce Tipton Mr. GUTIE´ RREZ. Mr. Speaker, I was un- both Iraq and Afghanistan. Tragically, avoidably absent in the House chamber for Clay took his own life when he re- NOES—173 votes on Wednesday, February 4, 2015. turned home. Adams Grayson Norcross Had I been present, I would have voted I want to thank my Minnesota col- Aguilar Green, Al O’Rourke ‘‘nay’’ on roll call vote 59, and ‘‘nay’’ on roll league, TIM WALZ, for his leadership on Bass Green, Gene Pallone Beatty Grijalva Pascrell call vote 60. this issue, and I encourage the Presi- Becerra Hahn Payne Had I been present, I would have voted dent to quickly sign this legislation Bera Hastings Pelosi ‘‘yea’’ on roll call vote 61, ‘‘yea’’ on roll call into law and get our veterans the sup- Beyer Heck (WA) Perlmutter vote 62, and ‘‘yea’’ on roll call vote 63. port that they deserve. Bishop (GA) Higgins Peters Blumenauer Himes Pingree I would have voted ‘‘nay’’ on roll call vote 64 f Bonamici Hinojosa Pocan in strong opposition to H.R. 50, the Unfunded THE PASSING OF CHARLIE Boyle (PA) Honda Polis Mandates Information and Transparency Act SIFFORD Brady (PA) Hoyer Price (NC) of 2015. Brown (FL) Huffman Quigley (Mr. CLYBURN asked and was given PERSONAL EXPLANATION Brownley (CA) Israel Rangel permission to address the House for 1 Bustos Jackson Lee Rice (NY) Mr. ROE of Tennessee. Mr. Speaker, I was minute and to revise and extend his re- Butterfield Jeffries Richmond unable to vote today because of a serious ill- Capps marks.) Johnson (GA) Roybal-Allard ness in my family. Had I been present, I would Capuano Johnson, E. B. Ruiz Mr. CLYBURN. Mr. Speaker, I rise ´ have voted: Cardenas Kaptur Ruppersberger today to note the passing of a great Carney Keating Rush Rollcall #59—YEA Carson (IN) Kelly (IL) American. Ryan (OH) Rollcall #60—AYE Golf pioneer Charlie Sifford died last Cartwright Kennedy Sa´ nchez, Linda Rollcall #61—NO Castor (FL) Kildee night at the age of 92. Often called the T. Rollcall #62—NO Castro (TX) Kilmer Sarbanes ‘‘Jackie Robinson of golf,’’ Sifford Cicilline Kind Schakowsky Rollcall #63—NO Clark (MA) wrote in his autobiography, ‘‘Just Let Kirkpatrick Schiff Rollcall #64—AYE Clarke (NY) Me Play,’’ about his fateful meeting Kuster Scott (VA) Clay Langevin f Scott, David with the man who broke baseball’s Cleaver Larsen (WA) Serrano color barrier: Clyburn Larson (CT) HOUR OF MEETING ON TOMORROW Sewell (AL) ‘‘He asked me if I was a quitter,’’ Cohen Lawrence Sherman Mr. DUFFY. Mr. Speaker, I ask Connolly Levin Sifford wrote. Sires Cooper Lewis unanimous consent that when the ‘‘I told him: ‘No.’ ’’ Slaughter Courtney Lieu (CA) House adjourns today, it adjourn to ‘‘He said: ‘If you’re not a quitter, Crowley Lipinski Smith (WA) meet at 9 a.m. tomorrow. Speier you’re probably going to experience Cummings Loebsack The SPEAKER pro tempore. Is there Davis (CA) Lowenthal Swalwell (CA) some things that will make you want Davis, Danny Lowey Takai objection to the request of the gen- to quit.’ ’’ DeFazio Lujan Grisham Takano tleman from Wisconsin? Sifford experienced unspeakable acts Thompson (CA) DeGette (NM) There was no objection. of racial abuse, slurs, and threats as he DeLauro Luja´ n, Ben Ray Thompson (MS) DelBene (NM) Titus f became the first African American to DeSaulnier Lynch Tonko play the PGA Tour. REMOVAL OF NAME OF MEMBER Deutch Maloney, Torres Born in Charlotte, North Carolina, in AS COSPONSOR OF H.R. 279 Dingell Carolyn Tsongas 1922, Sifford worked as a caddie and Doggett Maloney, Sean Van Hollen Mr. RANGEL. Mr. Speaker, I ask Doyle (PA) Matsui Vargas dominated the all-Black United States Edwards McCollum Veasey unanimous consent that my name be Golfers Association, winning five Ellison McDermott Vela removed from H.R. 279, to amend the straight national titles. He challenged Engel McGovern Vela´ zquez Communications Act of 1934. the PGA’s Whites-only rule, and, in Eshoo McNerney Visclosky The SPEAKER pro tempore. Is there Esty Meeks Walz 1961, they rescinded it. Sifford won the Farr Meng Wasserman objection to the request of the gen- Greater Hartford Open in 1967 and the Fattah Moore Schultz tleman from New York? Los Angeles Open in 1969. He also won Foster Moulton Waters, Maxine There was no objection. the 1975 Senior PGA Championship. In Frankel (FL) Murphy (FL) Watson Coleman 2004, he became the first African Amer- Fudge Nadler Welch f Gabbard Napolitano ican inducted into the World Golf Hall Wilson (FL) CLAY HUNT SAV ACT WILL SAVE Gallego Neal Yarmuth of Fame. Garamendi Nolan VETERANS’ LIVES Last year, President Barack Obama NOT VOTING—10 (Mr. PAULSEN asked and was given awarded Sifford the Medal of Freedom, permission to address the House for 1 joining Jack Nicklaus and Arnold Chu (CA) Lee Roe (TN) Conyers Lofgren Young (AK) minute and to revise and extend his re- Palmer as the only golfers to receive Duckworth Murphy (PA) marks.) our Nation’s highest civilian honor. Gutie´rrez Nunnelee

VerDate Sep 11 2014 04:43 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.020 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H787 The SPEAKER pro tempore. The Byrne Hultgren Price (GA) automobile at a grade crossing in Val- Calvert Hunter Ratcliffe question is on the motion to recommit. Carter (GA) Hurd (TX) Reed halla, New York, resulting in the The question was taken; and the Carter (TX) Hurt (VA) Reichert deaths of six people and many others Speaker pro tempore announced that Chabot Issa Renacci injured. the noes appeared to have it. Chaffetz Jenkins (KS) Ribble I stand on the House floor today with Clawson (FL) Jenkins (WV) Rice (SC) RECORDED VOTE Coffman Johnson (OH) Rigell my colleagues to call for a moment of Mrs. BUSTOS. Mr. Speaker, I demand Cole Johnson, Sam Roby silence to honor those who lost their Collins (GA) Jolly Rogers (AL) lives in this tragic accident and offer a recorded vote. Collins (NY) Jordan Rogers (KY) A recorded vote was ordered. Comstock Joyce Rohrabacher sincere condolences to the families of The SPEAKER pro tempore. Pursu- Conaway Katko Rokita the victims, pray for the full recovery ant to clause 9 of rule XX, this 5- Cook Kelly (PA) Rooney (FL) of those injured, and thank our first re- Costello (PA) King (IA) Ros-Lehtinen sponders for quickly arriving at the minute vote on the motion to recom- Cramer King (NY) Roskam mit will be followed by a 5-minute vote Crawford Kinzinger (IL) Ross scene to help others. on the passage of the bill, if ordered. Crenshaw Kline Rothfus The SPEAKER pro tempore. Without Culberson Knight Rouzer objection, 5-minute voting will con- The vote was taken by electronic de- Curbelo (FL) Labrador Royce vice, and there were—ayes 184, noes 239, Davis, Rodney LaMalfa Russell tinue. not voting 10, as follows: Denham Lamborn Ryan (WI) There was no objection. Dent Lance Salmon The SPEAKER pro tempore. The [Roll No. 63] DeSantis Latta Sanford question is on the passage of the bill. AYES—184 DesJarlais LoBiondo Scalise Diaz-Balart Long Schweikert The question was taken; and the Adams Gallego Nolan Dold Loudermilk Scott, Austin Speaker pro tempore announced that Aguilar Garamendi Norcross Duffy Love Sensenbrenner Ashford Graham O’Rourke the ayes appeared to have it. Duncan (SC) Lucas Sessions Beatty Grayson Pallone Ellmers Luetkemeyer Shimkus RECORDED VOTE Becerra Green, Al Pascrell Emmer Lummis Shuster Bera Green, Gene Payne Mr. CUMMINGS. Mr. Speaker, I de- Farenthold MacArthur Simpson Beyer Grijalva Pelosi mand a recorded vote. Fincher Marchant Smith (MO) Bishop (GA) Hahn Perlmutter Fitzpatrick Marino Smith (NE) A recorded vote was ordered. Blumenauer Hastings Peters Fleischmann Massie Smith (NJ) The SPEAKER pro tempore. This is a Bonamici Heck (WA) Peterson Fleming McCarthy Smith (TX) Boyle (PA) Higgins Pingree 5-minute vote. Flores McCaul Stefanik Brady (PA) Himes Pocan Forbes McClintock Stewart The vote was taken by electronic de- Brown (FL) Hinojosa Polis Fortenberry McHenry Stivers vice, and there were—ayes 250, noes 173, Brownley (CA) Honda Price (NC) Foxx McKinley Stutzman Bustos Hoyer Quigley not voting 10, as follows: Franks (AZ) McMorris Thompson (PA) Butterfield Huffman Rangel Frelinghuysen Rodgers Thornberry [Roll No. 64] Capps Israel Rice (NY) Garrett McSally Tiberi AYES—250 Capuano Jackson Lee Richmond Gibbs Meadows Tipton Ca´ rdenas Jeffries Roybal-Allard Abraham Diaz-Balart Johnson, Sam Gibson Meehan Trott Carney Johnson (GA) Ruiz Aderholt Dold Jolly Gohmert Messer Turner Carson (IN) Johnson, E. B. Ruppersberger Allen Duffy Jones Goodlatte Mica Upton Cartwright Jones Rush Amash Duncan (SC) Jordan Gosar Miller (FL) Valadao Castor (FL) Kaptur Ryan (OH) Amodei Duncan (TN) Joyce Gowdy Miller (MI) Wagner Castro (TX) Keating Sa´ nchez, Linda Ashford Ellmers Katko Granger Moolenaar Walberg Cicilline Kelly (IL) T. Babin Emmer Kelly (PA) Graves (GA) Mooney (WV) Walden Clark (MA) Kennedy Sanchez, Loretta Barletta Farenthold King (IA) Graves (LA) Mullin Walker Clarke (NY) Kildee Sarbanes Barr Fincher King (NY) Graves (MO) Mulvaney Walorski Clay Kilmer Schakowsky Barton Fitzpatrick Kinzinger (IL) Griffith Murphy (PA) Walters, Mimi Cleaver Kind Schiff Benishek Fleischmann Kline Grothman Neugebauer Weber (TX) Clyburn Kirkpatrick Schrader Bilirakis Fleming Knight Guinta Newhouse Webster (FL) Cohen Kuster Scott (VA) Bishop (MI) Flores Labrador Guthrie Noem Wenstrup Connolly Langevin Scott, David Bishop (UT) Forbes LaMalfa Hanna Nugent Westerman Conyers Larsen (WA) Serrano Black Fortenberry Lamborn Hardy Nunes Westmoreland Cooper Larson (CT) Sewell (AL) Blackburn Foxx Lance Harper Olson Whitfield Costa Lawrence Sherman Blum Franks (AZ) Latta Harris Palazzo Williams Courtney Levin Sinema Bost Frelinghuysen LoBiondo Hartzler Palmer Wilson (SC) Crowley Lewis Sires Boustany Garrett Long Heck (NV) Paulsen Wittman Cuellar Lieu (CA) Slaughter Brady (TX) Gibbs Loudermilk Hensarling Pearce Womack Cummings Lipinski Smith (WA) Brat Gibson Love Herrera Beutler Perry Woodall Davis (CA) Loebsack Speier Bridenstine Gohmert Lucas Hice (GA) Pittenger Yoder Davis, Danny Lowenthal Swalwell (CA) Brooks (AL) Goodlatte Luetkemeyer Hill Pitts Yoho DeFazio Lowey Takai Brooks (IN) Gosar Lummis Holding Poe (TX) Young (IA) DeGette Lujan Grisham Takano Buchanan Gowdy MacArthur Hudson Poliquin Young (IN) Delaney (NM) Thompson (CA) Buck Graham Marchant Huelskamp Pompeo Zeldin DeLauro Luja´ n, Ben Ray Thompson (MS) Bucshon Granger Marino Huizenga (MI) Posey Zinke DelBene (NM) Titus Burgess Graves (GA) Massie DeSaulnier Lynch Tonko NOT VOTING—10 Byrne Graves (LA) McCarthy Deutch Maloney, Torres Calvert Graves (MO) McCaul Bass Lee Schock Dingell Carolyn Tsongas Carter (GA) Griffith McClintock Chu (CA) Lofgren Young (AK) Doggett Maloney, Sean Van Hollen Carter (TX) Grothman McHenry Duckworth Nunnelee Doyle (PA) Matsui Vargas Chabot Guinta McKinley Gutie´rrez Roe (TN) Duncan (TN) McCollum Veasey Chaffetz Guthrie McMorris Edwards McDermott Vela ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Clawson (FL) Hanna Rodgers Ellison McGovern Vela´ zquez The SPEAKER pro tempore (during Coffman Hardy McSally Engel McNerney Visclosky Cole Harper Meadows Eshoo Meeks Walz the vote). There are 2 minutes remain- Collins (GA) Harris Meehan Esty Meng Wasserman ing. Collins (NY) Hartzler Messer Farr Moore Schultz Comstock Heck (NV) Mica Fattah Moulton Waters, Maxine b 1606 Conaway Hensarling Miller (FL) Foster Murphy (FL) Watson Coleman So the motion to recommit was re- Cook Herrera Beutler Miller (MI) Frankel (FL) Nadler Welch Costa Hice (GA) Moolenaar Fudge Napolitano Wilson (FL) jected. Costello (PA) Hill Mooney (WV) Gabbard Neal Yarmuth The result of the vote was announced Cramer Holding Mullin Crawford Hudson Mulvaney NOES—239 as above recorded. (By unanimous consent, Mrs. LOWEY Crenshaw Huelskamp Neugebauer Abraham Benishek Brady (TX) Cuellar Huizenga (MI) Newhouse Aderholt Bilirakis Brat was allowed to speak out of order.) Culberson Hultgren Noem Allen Bishop (MI) Bridenstine MOMENT OF SILENCE AND PRAYER FOR THE VAL- Curbelo (FL) Hunter Nugent Amash Bishop (UT) Brooks (AL) HALLA, NEW YORK, COMMUTER TRAIN ACCI- Davis, Rodney Hurd (TX) Nunes Delaney Hurt (VA) Olson Amodei Black Brooks (IN) DENT VICTIMS, THEIR FAMILIES, AND THE Denham Issa Palazzo Babin Blackburn Buchanan COMMUNITY Barletta Blum Buck Dent Jenkins (KS) Palmer Barr Bost Bucshon Mrs. LOWEY. Mr. Speaker, yesterday DeSantis Jenkins (WV) Paulsen Barton Boustany Burgess evening, a commuter train struck an DesJarlais Johnson (OH) Pearce

VerDate Sep 11 2014 02:32 Dec 01, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD15\FEB 15\H04FE5.REC H04FE5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H789 Tiger Woods, one of the greatest To the Congress of the United States: ranchers, and I can tell you the border golfers of all time, has often said he Section 202(d) of the National Emer- is not secure. These people are daily may have never taken up the game gencies Act (50 U.S.C. 1622(d)) provides taking risks for their families, for their were it not for the courage, grace, and for the automatic termination of a na- livelihoods. This is a public safety risk, perseverance of Charlie Sifford. tional emergency, unless, within 90 and this is a potential national secu- Mr. Speaker, Charlie Sifford was not days prior to the anniversary date of rity risk. Although some efforts have a quitter. He was a hero. He was my its declaration, the President publishes been taken, our border is not secure. hero. May he rest in peace. in the Federal Register and transmits to We now have the opportunity to have a f the Congress a notice stating that the call to action to take the measures emergency is to continue in effect be- that are important in order to secure WORLD CANCER DAY yond the anniversary date. In accord- the border once and for all, which is (Mr. HIGGINS asked and was given ance with this provision, I have sent to impacting, again, the residents of my permission to address the House for 1 the Federal Register for publication the community. minute and to revise and extend his re- enclosed notice stating that the na- I am grateful that a bipartisan group marks.) tional emergency declared in Executive of Members of Congress came down to Mr. HIGGINS. Mr. Speaker, today is Order 13396 of February 7, 2006, with re- visit our southern border just 10 days World Cancer Day, a day to recognize spect to the situation in or in relation ago. We had 20 Members, plus myself, the patients, survivors, caregivers, and to Coˆ te d’Ivoire is to continue in effect so they could see firsthand what our those who raise awareness on their be- beyond February 7, 2015. ranchers and border residents are deal- half. Cancer has touched every family The Government of Coˆ te d’Ivoire and ing with in Arizona. The group, under and community in some way, and it is its people continue to make significant the leadership of Chairman MCCAUL, their stories that sustain the fight for progress in promotion of democratic, whom I will ask to join us here in a increased funding for medical research. social, and economic development. The minute, visited the San Diego sector, According to the World Health Orga- United States also supports the ad- then came to our Tucson sector, and nization, cancer has caused over 8.2 vancement of impartial justice in Coˆ te then moved on to also see the chal- million deaths worldwide. By the end d’Ivoire as well as the Government of lenges in Texas. We got to see firsthand of 2015, more than 1.5 million new cases Coˆ te d’Ivoire’s efforts to prepare for a what is going on in each of these dif- will have been diagnosed within the peaceful, fair, and transparent presi- ferent sectors and to reinforce the fact United States. dential election in 2015, which will be that this is an urgent matter that we Investing in medical research leads an important milestone in Coˆ te have to address. It should be a bipar- to advanced treatments and cures and d’Ivoire’s progress. We urge all sides to tisan and uniting issue. has the potential to lower these dev- work for the benefit of the country as I have got lots of stories to share astating outcomes. It boosts the econ- a whole by rejecting violence and par- from the Tucson sector, but I have a omy through job creation and new dis- ticipating in the electoral process. number of colleagues who want to join coveries, and it allows America to While the Government of Coˆ te in the conversation. I will first ask maintain its position as a global leader d’Ivoire and its people continue to Chairman MCCAUL if he would like to in the fight for a cure. Yet, in the last make progress toward peace and pros- join the discussion. decade, funding to the National Insti- perity, the situation in or in relation Mr. MCCAUL. Let me thank my col- tutes of Health has been cut by nearly to Coˆ te d’Ivoire continues to pose an league from Arizona for her great lead- 25 percent. This is unacceptable. Last unusual and extraordinary threat to ership. I think this House is well served week, I reintroduced the Accelerating the national security and foreign pol- to have the first female pilot who has Biomedical Research Act with Rep- icy of the United States. For these rea- served in combat. We thank you for your service, and I resentatives ROSA DELAURO and PETER sons, I have determined that it is nec- can probably tell a few more stories of KING. It is a bill that invests in the essary to continue the national emer- bravery about you. I am very fortunate fight against horrible disease. gency and related measures blocking to have you on this committee. While today we recognize World Can- the property of certain persons contrib- Mr. Speaker, this is an issue of grave cer Day, the goal must be to celebrate uting to the conflict in Coˆ te d’Ivoire. importance to the Nation. As chairman the day when we have a world without BARACK OBAMA. of Homeland Security, when I go home, cancer. THE WHITE HOUSE, February 4, 2015. f it is the number one issue, and the f number one question I get back home A CALL TO ACTION—BORDER is: Mr. Chairman, when are you going APPOINTMENT OF MEMBER TO SECURITY JOINT ECONOMIC COMMITTEE to secure that border? The SPEAKER pro tempore. Under I believe we have an opportunity in The SPEAKER pro tempore (Mr. the Speaker’s announced policy of Jan- this Congress to finally get this thing BUCK). The Chair announces the Speak- uary 6, 2015, the gentlewoman from Ar- done and to get it done in the right er’s appointment, pursuant to 15 U.S.C. izona (Ms. MCSALLY) is recognized for way and the smart way. People say: 1024(a) and the order of the House of 60 minutes as the designee of the ma- Why is it so important? In 10 years in January 6, 2015, of the following Mem- jority leader. the Congress and as a Federal pros- ber on the part of the House to the Ms. MCSALLY. Mr. Speaker, I really ecutor prior to that in dealing with Joint Economic Committee: appreciate the opportunity today to this issue, I have seen the scourge of Mrs. MALONEY, New York spend some time with my colleagues to drug cartels, of human trafficking, the f highlight an urgent and important poisoning of our kids with drugs, and issue that, quite frankly, should unite the potential threat of a terrorist at- CONTINUATION OF THE NATIONAL this body in a call to action. tack in the United States. I don’t want EMERGENCY WITH RESPECT TO I represent Arizona’s Second Con- that on this Congress’ head. We do THE SITUATION IN OR IN RELA- ˆ gressional District, and that includes have an opportunity to act. We have a TION TO COTE D’IVOIRE—MES- 80 miles of the southern border. Today, bill that was passed out of committee, SAGE FROM THE PRESIDENT OF we are going to be talking about the and I think it does several things. THE UNITED STATES (H. DOC. importance of securing our border both One, it finally directs and tells the NO. 114–6) in the south and in the north. My col- Department of Homeland Security how The SPEAKER pro tempore laid be- league here from New York will be to get this mission done sector by sec- fore the House the following message speaking on that matter. We do have tor. As the gentlewoman knows, Ari- from the President of the United Chairman MCCAUL here who will be zona is very different from San Diego States; which was read and, together joining us, but I have just a couple of and is very different from Texas, which with the accompanying papers, referred lead-in comments. is where we saw 60,000 children crossing to the Committee on Foreign Affairs I have spent a lot of time down at the last summer. We know that a surge is and ordered to be printed: border with our border residents and probably on its way again if we don’t

VerDate Sep 11 2014 04:43 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.053 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H790 CONGRESSIONAL RECORD — HOUSE February 4, 2015 act in this Congress soon. We also finish line and getting the strategy and Now, you know—you know as sure as know, with the spread of ISIS overseas, the resources to those in the Border you are watching this on TV or in the that the threat is real. Patrol so that they can actually ad- gallery or sitting at home thinking With the event of the Jordanian’s dress the threat. about it—that those Border Patrol being lit on fire yesterday, it is a wake- Mr. MCCAUL. If the gentlelady would agents and those sheriffs are keeping up call that we need to act and that we just yield on this point, too, this is a records of the things they do on a daily need to act soon in the Congress to pro- bill not built from bureaucrats in basis and a nightly basis, drove so tect the American people. This is more Washington, down. This is a bill de- many miles, picked up this many peo- than Homeland Security—it is national signed by talking to Border Patrol ple coming across the border. security. It is really not an immigra- agents, to the border sheriffs who sup- What happens to that information? tion issue. This bill is about securing port this bill, to the ranchers. What a Guess what, folks? They don’t want us the border in a smart way. great presentation we received from to have it. They don’t want the GAO to When I was in Afghanistan and Paki- John Ladd and his father, Jack, in Ari- have it because then we would know stan, I met with General Allen. They zona. that our back door is wide open. didn’t really have much of a fence, but I will never forget, when you had the I mean, these gaps on the border lead I said: ‘‘What is your border security press conference, John Ladd was say- to higher crime rates and unemploy- with the Pak border?’’ They pointed to ing: You know, for the first time, I ment for American citizens. It is really aerostats in the sky that could see for have real hope. no more complicated than your own hundreds of miles that we saw on our They said: Well, Members have come home. Sure, you love your neighbor to recent trip down there. With the value down here before. your left and your right and the people He said: Not this many and not of of 100 percent visibility to see what is that adjoin your home to the north and this caliber of leadership, and for the coming in and how to stop it, you can to the south, but that doesn’t mean first time I have hope. that you leave your doors wide open for measure success, first of all, but you I don’t want to let those ranchers them to come in and go as they please can respond to the threats in realtime. down. I want to get this job done for at all hours of the day or night. 1630 the ranchers, the border sheriffs, and b We want to be a country that is de- the agents who spend day in and day In addition, the VADER technology, fined by who we are, and it requires out in very tough conditions. the radar on the Predator UAVs, is of protecting. If we are not going to de- Ms. MCSALLY. Thank you, Mr. tremendous value for a smart border. A fine our country in those ways, why de- lot of these assets were actually used Chairman. I appreciate it. Would my colleague from Pennsyl- fine it by having a border at all? That in Afghanistan. We have already paid vania (Mr. PERRY) want to join the is what I think the President and many for these assets, and we want to rede- conversation? on the other side would propose, that ploy those to the southwest border. Mr. PERRY. Absolutely. we just abolish the borders. Well, guess We also fully fund the National I want to also extend my apprecia- what, folks? If we abolish the borders, Guard, which to our Governors—par- tion to you for bringing up this impor- we don’t have any country at all. ticularly my Governor in the great tant issue. I think this is going to kind I was thinking about another thing I State of Texas—is of vital interest and of be a continuing conversation, at heard recently. Over the last 6 years of concern. We allow access to Federal least for the next couple weeks, as we the couple million jobs that were cre- lands for CBP, which, in the past, they move forward into bringing this par- ated in a downturn economy, almost have been denied; and we have a U.S. ticular bill and the legislation to the all of them, statistically, were filled by exit system set up—which the 9/11 floor. people that weren’t born in this coun- Commission recommended, and to this With that, I was just thinking that in try. Listen, it is great to have people day Congress has failed to act on the last couple days I saw the Presi- come here and we need to have that that—to determine who is staying with dent on TV, and he asked a question: policy, a smart policy, but our policy visas legally and who is overstaying What kind of country do we want to should be what works for America those visas like we saw with the hi- be? first, and securing our border and doing jackers on 9/11. I think you can think of that in a lot what works for America is the right At the end of the day, this is an im- of different ways, but regarding the thing to do. It is our duty. It is our portant issue that has to get done. It is border, the President, while he says oath. no longer time for lipservice; it is time that, has preached over the years that Now, people say: Well, why is it so for action on what I consider to be one he has made our Nation’s border more important? of the most important Homeland Secu- secure than ever. I just remember last Look at the crime rates. More than rity issues facing this Nation. year when he was literally saying that, 40 percent of all criminal cases initi- I just want to thank the gentlelady we saw tens of thousands of unaccom- ated by Federal prosecutors were in for holding this Special Order. I know panied people coming across the bor- districts that border Mexico. Is any- we have members of the committee der, and all of America was saying to body surprised? Do you think that that here who have great expertise, both themselves: What are you talking doesn’t correlate to something? That Federal prosecutors, CIA, and other ex- about? How can you say that? means something, folks. I mean, the periences to bring this issue to life. I The Border Patrol wasn’t stopping Governor of Texas, Rick Perry, stated hope we can do more of this in the fu- these people. They were greeting these more than 3,000 homicides were com- ture. people and bringing them into the mitted by illegal immigrants in the The American people know this is an country. You are thinking, maybe that last 6 years. important issue. The problem is the is a great thing, but we don’t know who Now, are we a nation of laws or Members of Congress have been tone they are or what their intentions are, aren’t we? If we are a nation of laws, deaf on this and have not gotten the and you have no credibility, Mr. Presi- what does it matter if you have a law job done. I would argue to my col- dent, when you say that. that you are not going to enforce? Does leagues who are listening to this and to His statement is just supported by it mean anything? The President has the American people that now is the bloated statistics and a false sense of not executed the law for biometric time to finally get the job done. reality. I think most Americans under- exit. That is where we determine who Ms. MCSALLY. Thank you, Mr. stand that. As a matter of fact, the you are, what you are doing here, and Chairman. I really appreciate your GAO recently found that only 44 per- when you leave. Come legally, come leadership on this issue. I also want to cent of the southwest border was under across our border, but that is part of thank you for coming to southern Ari- operational control—44 percent. So 56 securing the border. But when it is zona to my district to see firsthand is just wide open apparently. Listen, time to go, it is time to go. If you want what our border residents and ranchers that 44 percent, that is based on some to stay, hey, that is great, but show up are dealing with on a daily basis. I look best guess or some estimate because, and let our government know that you forward to working with you on the believe it or not, they don’t even keep are going to stay a little bit longer and committee to get this bill across the the records. what your purpose is. We don’t want

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.055 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H791 you to stay if your purpose is for some- the marathon. But we will never know Guess what happened? They tight- thing other than what it should be. because they just come and go as they ened up in San Diego, and that meant The Congress has spoken, as a matter darn well please to our country, and we that these organizations were now of fact, eight times passed a law requir- don’t ask anything. How is that secur- coming in and out of my community. ing an exit system at all our ports; yet ing the country? How is that good for The sector in Tucson put up some fenc- the executive branch, the one who exe- America? ing and other resources in more popu- cutes the laws, has decided that is not Mr. Speaker, thanks again to the lated areas around Nogales, but then important. They are just not going to gentlelady for hosting this. This is an that pushed the activity out into the do it. incredibly important subject that we rural areas where the Ladd ranch is Folks, this puts us at a huge dis- need to be discussing, and it is great that we visited. Mr. Chairman men- advantage. It makes us unsafe. We are that we have some time on the House tioned Jack Ladd, third generation not secure in our homes. We don’t have floor to discuss this. rancher, and John Ladd, fourth genera- the peace of mind of knowing that we I hope what this does is it kind of tion rancher, with about 10 miles on are safe in our homes. We don’t have gets the people that are watching this the border right there. We got to see the peace of mind of knowing that the to say: Huh, maybe there is something firsthand what they are dealing with. people coming across the border are to this. Maybe I should call my Rep- These organizations are nimble. They being screened for maybe diseases or resentative. What does he or she think? are going to respond and react, and criminal activity. How would he or she vote on such a they are going to move. As we create There is a cost to that. There is a border bill? Is there something missing obstacles and we address in certain cost in lives. There is a financial cost in the bill, and is there some reason areas, they are going to move to other to that in caring for people that get they wouldn’t support the bill, and areas. What we have seen in the Tucson diseases that we have long eradicated what is that? What would I like, as an sector, from fiscal year 1998 up until in America that now come across the American, to see about my border? fiscal year 2012, we have had the high- border unchecked because our border is Should we be letting anybody that est number of apprehensions. We have wide open. That is why it is important darn well pleases come across the bor- had the highest number of assaults in to secure the border. der unchecked to come into my com- the last couple of years. In the last few It is important. Congress has spoken. munity and do whatever they would, years, we have had the highest amount Congress, the representative of the take my job, harm my family, or do I of marijuana seized. American people, has spoken eight want something more as an American? By the way, we don’t know what the times on this issue, and the President Where does my Representative stand? denominator is, though. Apprehensions has just said: I can’t be bothered. He I think it is a great opportunity to is the numerator, but we don’t know designates Federal lands, and our own call your Representative, write your what the denominator is because our agents can’t be on these Federal lands Representative, email, talk to his staff agents do not have full situational and do their job. and say: What does my Representative awareness. And you can just look at I mean, who thinks that controlling think of this? the price of drugs on the street. This is the border and securing the border So I appreciate the opportunity. I ap- a supply-and-demand issue. If the cost means being 50 miles off the border? I preciate your leadership. I know, I is still low, which it is, it means that guarantee you, if you are in the com- have been to where you live. we are still not catching a whole lot bat zone securing your perimeter, your Ms. MCSALLY. You know what we that is trafficking in and out of these border—and the gentlelady knows what are dealing with. neighborhoods. I am talking about because she has Mr. PERRY. Yes. So again, the potential for violence is been there herself, as I have been I have flown on the Arizona border up, and even though the numbers of ap- there—you secure your perimeter and down there. I have crossed the border prehensions are down in the last few you watch your perimeter right on it, in Nogales, and I have been privileged years, those that live on the border— not just set up a little fence or draw a to be there. America is not where it and the Border Patrol has confirmed to line in the sand and then head to the needs to be on this. The Congress is, me the types of people that are com- tent and hope nobody crosses it. That but we need to pass a bill, and we need ing—are more the transnational crimi- doesn’t work there, and it doesn’t work the President to execute it. nal organizations, the traffickers. It is here. Yet that is what we are doing, I thank you very much for the oppor- drugs and people coming north and and we are espousing it as though it tunity. weapons and money coming south, and was some kind of policy that is coher- Ms. MCSALLY. Thank you, Mr. they have more of a criminal record, ent and is realistic. It is not. PERRY, and thank you for your sup- and the potential for danger is cer- Our agents want to do their jobs. port, again, of this urgent matter and tainly up. They are excited to do the job, they are the bill that we hopefully will be bring- I do have some stories to share, but I committed to do the job, and our Fed- ing before our colleagues as soon as know I have a number of colleagues eral Government literally is standing possible, because every day that goes who want to join the conversation, so I in the way and saying: Absolutely, you by is a day that our ranchers and bor- will yield to the gentleman from Texas can’t do the job. der residents are still dealing with this. (Mr. HURD). We can get some assistance from our Before I recognize my next colleague What, do you have, 800 miles? I only State and local, our National Guard, here, I just want to paint the picture of have 80. You have, I think, 800 in your too. I have served on that mission as what we have seen go on in the dif- district. well. There is a lot of opportunity ferent sectors. In the early 1990s, the b 1645 there to divide the duties and the re- San Diego sector is really where most Mr. HURD of Texas. 820 miles of the sources and make this work that is of the illegal activity, the border, from San Antonio to El Paso. cost effective. There is a lot of exper- transnational criminal organizations I would like to thank the gentle- tise from a military standpoint that were just at will crossing into the San woman for the time today and also for can be used legally to help secure our Diego sector. A lot was done there. taking me to your district and seeing borders, but, here again, the President We were visiting it 10 days ago. We that part of the border. Our trip a few can’t be bothered. Mr. Speaker, it is got to see the new tactics, the re- weeks ago was great, enlightening to unconscionable. sources, the fencing, the lights, the me. We need to keep track of these indi- technology. The agents there are really I have spent a lot of time criss- viduals with radical views. If the Presi- able to squeeze the activity related in crossing those 820 miles of the border, dent had enacted the biometric re- the San Diego sector. These are living and it was great to see how the San quirements that have been required by organizations, these transnational Diego sector and Tucson and my fellow the United States Congress eight criminal organizations that are traf- Texans in McAllen are doing the same times, maybe the Tsarnaev brothers ficking in our communities and our thing. wouldn’t have had the ability to come neighborhoods, so they react. It is like As the gentlewoman knows, I spent 9 to Boston and blow up people during squeezing a balloon. years as an undercover officer in the

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.057 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H792 CONGRESSIONAL RECORD — HOUSE February 4, 2015 CIA. I chased groups like al Qaeda and We looked around. We were eyes in The last 16 years have been in Syra- the Taliban. I have chased narcotraf- the sky. We were trying to find them. cuse, New York, in the northern dis- fickers all over the world, and the As quickly as we have a last radar hit, trict of New York, where we have 300 threat is increasing, and the threat is they pack up, they are out of there, or miles of border with our brothers and sophisticated. they are flying back low over the bor- sisters to the north in Canada. The drug trafficking organizations in der, and we can’t find them. We don’t While it is definitely a different dy- Mexico are making $50 billion a year in know what they have dropped and namic than being on the southwest the United States. That is a big num- where. border, the fact remains that less than ber. Their tactics, techniques, and pro- These are some of the challenges that 4 percent of the Canadian border with cedures are sophisticated, and we need our agents have out there in trying to the United States is secure. It is wide to keep up. It is about moves and address this threat. It is a very nimble open. It varies from the northern countermoves. and sophisticated cartel, transactional plains in the Central United States to What I like about this bill is it em- criminal organizations that are react- the Northeast, where there are several powers our members of Border Patrol ing to us. They are much more nimble major cities along the border with the to do their job. A lot of people talk than we are. United States, and that brings a dif- about border security. I like to refine My colleague, Mr. KATKO from New ferent problem. it a little bit. Part of it is interdiction, York, if you want to share your per- In the northern district, over the last stopping people before they get to the spectives. 16 years, we have dedicated several in- border. It is grabbing them, it is having Mr. KATKO. I want to thank the gen- dividual prosecutors to deal with noth- them in custody, and then it is re- tlewoman from Arizona for her wonder- ing but alien smuggling, illegal entry cases, and major league drug cases on moval. This bill is focused on this first ful career serving our country. You are the northern border. We have well- piece of border security which is inter- serving your country in a much dif- worn smuggling routes in our district, diction. ferent capacity now, but I want to well-worn alien smuggling routes. We need to make sure that our men honor you for what you have done for and women that are on the border In addition to alien smuggling, we your country in the past. I also want to have major drug trafficking from the every single day have the tools that thank you for taking a leadership role they need in order to do their job. It is north coming down south, that being tonight and having this session so we hydroponic marijuana. It is a multibil- different in Tucson. It is different in can discuss the border security bill in Eagle Pass. It is different in San Diego. lion-dollar a year industry in Canada. more detail. That comes south. What I like about this bill that was de- I also want to thank Chairman veloped under the leadership of Chair- It has developed now that cocaine is MCCAUL for his great leadership and man MCCAUL is that it gives them that going north. The Canadian drug traf- his ability and desire to empower the fickers have hooked up with the Mexi- freedom and flexibility. young Congressmen and Congress- Having spent a lot of time overseas, I can cartels, and cocaine is coming women, such as you and I, to take lead- know the disconnect between the field north through our district. Guns are ership roles with respect to the Home- and headquarters, and that is going on going north. Contraband cigarettes are land Security Committee. right here on our border. We need to going north. Like I said, many eth- I talk about the border security bill make sure that the guys and gals that nically based alien smuggling rings are from a law enforcement perspective. are on the border have the tools that in our district. For the last 20 years, before I came to they need. I say all that to point to the fact that This is a sophisticated threat, as you Congress, I was a Federal prosecutor there is a problem on the northern bor- alluded to, using ultralight aircraft to for the United States of America in the der as well. Everything that is being deliver their payload. They are using Department of Justice. prescribed in this bill for the southwest tactics that intelligence organizations I started my career in 1994 and, soon border and the southern border is being have used all across the world to do de- thereafter, was sent to the southwest prescribed for the northern border. The prescription for the northern nial and deception. We need to make border in El Paso, Texas, as part of the border is based on discussions with sure we have all the resources—things Southwest Border Initiative. Back Border Patrol and the different sectors like the aerostats, things like radar then, it was just simply to try and throughout the northern United technology, things like UAVs—in order stem the incredible tide of drugs com- States, just like they did in the south- to have that combined picture of the ing across the border. When I got there, I was stunned to see how wide open the west border in the pieces of legislation border. regarding that. This is something that for 19 months, border was. To my understanding, it remains so to this day. It is the first time in 20 years of I talked to folks in the district. I know, being a prosecutor that I saw a bill like you, this was a very important When I was down there, I was pros- ecuting cartel-level drug trafficking that actually looks like it is addressing issue. The American people sent us up the problem altogether, at once, and here to do our job, and our job is to cases. We could get on the roof of the U.S. attorney’s office and look across that is critically important. protect our citizens and to protect our While I was running for this office, I the border and see a cartel member’s homeland. This bill does it. It is a made it clear that my opinion is that house on a bluff overlooking the United strong bill, and I look forward to work- we need full immigration reform, but States. It was wide open, and it re- ing over these next few days and weeks any immigration reform has to start mains so. in order to make this happen. with securing our borders. It is fool- It was dangerous for Border Patrol. It Ms. MCSALLY. Thank you, Mr. hardy to do anything other than that. HURD. Again, thank you for your lead- was dangerous for people living along This is the first step towards immi- ership on this issue as well. It is great the border. In some respects, it has be- gration reform, and I wholly applaud to be working together with individ- come even more dangerous for ranchers it. I do not think this bill is unduly uals who have operational experience and law-abiding citizens. burdensome to travelers coming to and and understand what it takes to get After a few years there and getting from the United States on the northern the job done, so I look forward to work- great experience and great perspective, border. We have many. To the extent ing with you. I was sent to Puerto Rico to do similar there are burdens, we will address Mentioning the ultralights, I was drug trafficking prosecutions and orga- those. with our CBP team for several hours a nized crime cases, and I saw a different I do say that, moving forward, this is couple of weekends ago and was actu- perspective, that of being 500 nautical the right bill, it is at the right time, ally on a Black Hawk getting an aerial miles from Colombia. and I applaud everyone who is sup- tour of the border. We tried to inter- My first day in Puerto Rico, the Fed- porting it, and I hope that we can get cept an ultralight. We had a radar hit. eral building’s parking lot was lined this passed. We went over to the area. The chal- with boats that were seized that were A related bill to that, which I have lenge there is these things are small smuggling hundreds of kilos of cocaine submitted to Congress and will be con- specks, and you don’t have any sense of at a time across the 500-mile strait sidered as early as next week, is a what altitude they are flying at. from Colombia. northern border threat assessment.

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.058 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H793 It has become clear to me that the Border Patrol agents, after you talked thanks for coming to visit my commu- northern border has not had a threat to the ranchers, after you talked to the nity and listening to the residents assessment done in a detailed fashion local officials, you realize that in each there that are dealing with this, having like it needs to be done, so this bill sector, that is not necessarily the an- that ear and coming back as an advo- simply orders a threat assessment to swer—that in certain sectors, yes, a cate and a leader on this issue. Thanks be done and a report back to us to see fence is needed, but in other areas, in for supporting this bill. I really appre- if there is any additional legislation or other sectors, that is not what is need- ciate it. funding needed to address concerns ed. Mr. PALMER from Alabama, would along the northern border. We need more technology. We need you like to join the conversation? In short, we don’t know the extent of boots on the ground. Those are the Mr. PALMER. I would. I want to the threat in the northern border, and types of things we need in certain sec- thank the gentlewoman from Arizona this bill will help us. With those two tors, and that was eye opening. That for the work you have done on this. I bills combined—particularly the border was one of the takeaways that I had know this has been—I don’t want to security bill—I am confident that we from this trip. say a labor of love, but you have an in- can get a handle on the problems on Ms. MCSALLY. I wanted to point to credible sense of urgency, I think per- both sides of the border, north and one of the visuals we have here. Again, haps more than anyone that I have south. this is from the area in my sector been involved with, a sense of how im- I applaud you for your efforts. I ap- where you can see we do have a fence, portant this is. plaud everyone else who is supporting but the area that is cut out here in the I want to talk a little bit about the the bill. I echo the sentiments of my middle is where the cartels very quick- fence. Like the gentleman from Geor- colleagues before me, and I urge the ly come up, and they cut it out, and gia, I have been to the border before good citizens of the United States to they are across that border in a minute but not in the context of examining contact their leaders and ask that this or 2 minutes, maximum. our border security. I am a strong pro- bill get passed. I will give some other examples later, ponent of the fence. I have been all Ms. MCSALLY. Thank you, Mr. but this is just a visual example of the along. What this trip opened my eyes to is KATKO, for your leadership and the fence delays the activity, as you saw the fact that the fence by itself is not great experience you are bringing to when you came to visit, but it is not enough. It is an impediment. One of the Congress. It is wonderful to have a the answer to build a fence and then things that was impressed upon me on freshman class with people like you. walk away because they are smart, this trip was the sophistication of the You bring a unique experience. You they are resourceful, they are adaptive, cartels and the people across the bor- also remind us it is not just the south- and they are very quickly getting ern border, so thanks for your great ad- der in breaching our fence and breach- through many different types of fenc- ditions to the bill. ing our security. ing, both pedestrian and vehicle fences. Next, I will invite Mr. CARTER from Thanks for bringing that up. b 1700 Georgia to join in the conversation. Mr. CARTER of Georgia. Thank you Mr. CARTER of Georgia. Well, thank There is some pretty serious engi- very much. Let me begin by compli- you. That was the first takeaway I had. neering going on here. When we were in menting you and applauding your ef- The second takeaway I had from this San Diego, for instance, we saw where forts, the gentlewoman from Arizona. trip was, for most of us, when we think we have double-layer fencing. We have Your leadership in this has been in- of the southwestern border, we just got the metal mat, landing mat fence valuable. We appreciate it very much. think about illegal immigration, but it on the Mexico side. We have got the You have taken a leading role in this. is much, much more than that. high, the heavy gauge fence with the I also want to compliment and ap- When you think about the drug car- razor wire at the top on the U.S. side. plaud the chairman of Homeland Secu- tels that are in Mexico, south of us, They are using hardened blades for rity, Chairman MCCAUL, for his tenac- when you think about the drug smug- laser saws. It literally takes 1 minute ity in assuring that this gets done. glers that are bringing those drugs poi- to cut through there. All along that For most of us, when we go home and soning our children, poisoning families, fence you saw where it was patched and we talk about illegal immigration or ruining families, when you think about what the border patrol calls doggy we talk about the terrorists or the that, when you think about the ter- doors. They cut it out in three places, threat of terrorism or when we talk rorism threat we face as a nation, that push it open, and they are through. about drug smuggling, the one thing shows you just how porous our borders The interesting thing is there, you that our constituents say is: Secure the are and just how important this issue have got 3 million people in Tijuana on border. Secure the border. is. the Mexico side, and you have got 3 That is always the first thing they Again, that is why this bill is so im- million in San Diego. Almost the say, regardless of what we are talking portant—because it addresses that. minute they are through, they are as- about, whether it is illegal immigrants, Yes, it addresses fencing, and it calls similated. whether it is terrorism, the threat of for fencing where fencing is necessary. But the thing that is going on there terrorism. They always say that first, It addresses boots on the ground. It is the cooperation between local law and it is very important. helps us to bolster the number of peo- enforcement, the Coast Guard, the Bor- Now, I will be quite honest with you. ple and the number of agents that we der Patrol, and how diligent they are I am from south Georgia, and I don’t have in certain areas, and we need to be there immediately once that line get out a whole lot. In fact, quite hon- that. It also takes into consideration is breached to interdict that. estly, this is the first time I have ever technology. It utilizes the resources They have been so effective at it that been to the southwest border. I have that we have. they are now pushing these folks off- never been to California before I went It is a smart bill. It is a good bill. It shore. They are using the panga boats on this trip. I have never been to Ari- is a vital bill—a vital bill—to our na- now, and the Coast Guard, working zona. Although I have been to Texas, I tional security. That is why I am glad with the Border Patrol and local law have never been to the Rio Grande, so I went on the trip. It was very edu- enforcement, have been so good at it was an eye-opening experience for cational, very eye opening to me. interdicting that they are forcing them me. I am supporting this bill. I hope that up the coast of California. That is not Before I went there, I think that I my colleagues will support this bill. It the case in Arizona. was like most of my constituents and is essential and vital to our national What people need to understand is like many Americans. I would watch security. that just building the fence and pulling what is happening on TV, and I would Again, thank you, the gentlewoman back and thinking that is going to stop holler at the TV: Build a fence. Build a from Arizona, for the work that you them—I don’t care how high we build fence. are doing, and thank you to Chairman it, how wide we build it, how many lay- Ms. MCSALLY. Right. MCCAUL. ers we have; if we don’t have people in Mr. CARTER of Georgia. Well, after Ms. MCSALLY. Again, thank you, forward operating positions to inter- you visited and after you talked to the Mr. CARTER, for your comments. Again, dict these people when they are staging

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.059 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H794 CONGRESSIONAL RECORD — HOUSE February 4, 2015 to come across, we are not going to can build the fence as high and wide in two forward operating bases in Tuc- stop them. and as long as we want to, but we have son to get the Border Patrol operating The picture that you are showing got to be able to interdict. right at the border so that we can ei- there next to you is the fence in Ari- We have got to be able to see them ther prevent the activity or they can zona, and the attention was drawn to staging, because they are not carrying very quickly respond to it when they where they had cut through the mesh ramping material on their backs for 3 see a breach happening, a challenging there. That is not the thing that got or 4 miles to the fence. This happened response time if they are further inland my attention. fairly close to the fence, and we should or in some of the tougher terrain. If you will notice there, those are 6- have been able to see that and stop it. So some of the things that I added inch I-beams supported by 6-inch chan- The other issue is the morale, and into an amendment to address this nel. That is quarter-inch carbon steel. the fact that we don’t—that we are not issue are related to the fact that right That is all along that border. doing anything about catch and release now they are focused on defense in They came along there, with these has really hurt the morale, I think, depth. So sometimes we are seeing hardened blades, laser saws, cut with our law enforcement and with our mules and traffickers—and I will show through the I-beam, cut through the Border Patrol. a picture here—oftentimes, 30, 40, 50 channel, folded it over, ramped over, And it definitely has hurt the morale miles inland. and drove trucks over it. of the ranchers. My heart really goes This is just one example of mules Now, this was not reported in the na- out to those guys. They have been with packs on their backs. So they are tional media. I am not sure that there there through many generations. They trafficking across private property was any discussion about it from this have put in their blood, sweat, and while they are moving into the defense administration. It was the local media tears in this. And it is not just that in-depth strategy, and that is just not that picked up on it. The ranchers they love their ranch. They love their working. know about this. country, and it was very evident in So we have got to get the Border Pa- But I think—and you can correct me what they had to say. trol closer to the border. I offered an if I am wrong—but I think they said I think it is incumbent upon us, as amendment. I am glad the committee there have been 47 vehicles that Members of Congress, to do our duty to agreed to it, to get the Border Patrol crossed over that. These are pickup protect the border. closer to the border, have them patrol- trucks loaded with drugs and other And the other thing, again, going ling on the south side of John Ladd’s items, contraband, whether it is guns back to the morale, it is different in ranch and not on the north side. or drugs or human trafficking. But San Diego, it is different in Arizona, it Have those forward operating bases that is the issue. is different in Texas. What we need to manned to the max extent possible and Ms. MCSALLY. If the gentleman will also developing a quick reaction capa- do—and I am very, very grateful for yield, I will elaborate a little bit on bility, so that when we see the activity the work that is being done to bring that. That was on Mr. Ladd’s ranch less happening, they can quickly get—espe- alongside this bill an enforcement bill. than two weeks ago, where we saw cially in these areas of tough terrain— We have got to do this, I think, in a that, and they showed where they to stop the activity or intercept it as way that makes sense to the American ramped over. soon as possible when it comes over the people. Build the fence, secure the bor- According to Mr. Ladd, there have border; because this, again, if they are der, but have the right enforcement been 47 drive-throughs on his ranching coming through Mr. Ladd’s ranch and that goes along with this, that makes area in the last about 21⁄2 years. some of the other ranchers’, they don’t the work that our Border Patrol is That particular case was caught by know who it is. They don’t know if doing worthwhile. When they catch the the Sierra Vista police, which is a town they are armed. They don’t know what bad guys they need to be able to—there a little bit further inland, because the their intentions are, and it puts them ought to be some consequences for it. truck just didn’t look right. It was at risk on a daily basis weighed down. Its wheels looked a lit- Earlier, Mr. PERRY from Pennsyl- Mr. PALMER. If the gentlelady tle funny, and they got about $600,000 vania made this point about, when are would yield, I would like to add one worth of marijuana, 2,000 pounds of you forward-deployed in a combat zone, other thing to that. marijuana they caught on that vehicle you secure your perimeter. There are This bill would allow access through alone. So that is just an example of consequences if you cross that perim- Federal lands, and it has created a what is happening. eter a little more lethal than they huge impediment for Border Patrol in Mr. PALMER. Well, think about the would be here, but, in all honesty, we the interdiction of people like this, staging that had to take place for that, have got to do these things together. whether they are coming across on foot that a vehicle that heavy, to be able to I applaud you for the work you are or coming across in vehicles, if our cross that fence, obviously—and the in- doing. It is extremely important, and I Border Patrol do not have access to teresting thing is they used our own I- look forward to working with you on roads through Federal land. So that is beam and channel to support the ramps this. another very important component of that would bear that weight for that Ms. MCSALLY. Thank you, Mr. this bill. truck to get over it. PALMER. I appreciate it. And then, last thing. Down in Texas This is not a static situation. Just Just to elaborate a little bit on what we have got this Caruso cane on the building the fence is not enough. We my colleague was talking about, the banks of the river that basically is a have got to have the aerial surveil- challenge we have—the men and natural hiding place for people who are lance, the unmanned aircraft, the women in Border Patrol are doing the crossing the river. We have got to aerostats. best they can. They are my constitu- allow our Border Patrol to take what- Looking into Mexico and seeing the ents as well. I really appreciate them ever measures are necessary to elimi- staging that takes place for an oper- every day putting on the uniform and nate those type of natural hiding ation like that to take place—you have doing the job they are doing. places and barriers to interdiction. been in the military, you understand But the strategy is not working for So all of this is extremely important. this—that if you are going to—it lit- those who live in these rural areas near I am glad you put that picture up be- erally looked like a military operation the border, and we need a strategy that cause I don’t think people fully appre- where they cut this down and ramped pushes our intelligence deeper south of ciate, when you talk about people over it and drove over it. the border, using intelligence-driven bringing drugs across the border, the If we are looking into Mexico and see operations, so that we can use some of massive amounts that can cross just on that, we need people in forward oper- these airborne assets and radars in the backs of individuals. ating bases that can react imme- order to detect the cartel activity, de- Ms. MCSALLY. Exactly. Thank you, diately, not 20 minutes later, not 30 tect the movement, monitor the move- Mr. PALMER. minutes later, because they are already ment. Now I yield to my colleague from over and gone. Then these forward operating bases California (Mr. DENHAM). So this has got to be a combination are critical. The bill—in consultation Mr. DENHAM. I thank the gentle- of things. I am fine with the fence. We with the chairman, they agreed to add woman from Arizona for yielding. It

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.060 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H795 was a pleasure to travel to your south- We have to send that message across up for work on time or anything you ern border. I have traveled to the Central America, across South Amer- endeavor in, nobody shoots for below southern border of California many ica, that we are actually sending the the bar. You shoot for the best. Yet in times. And as we saw on the entire bor- message that our borders are secure, this endeavor, we have people literally der security trip, our entire southern and this isn’t going to just be an auto- in this Congress who are saying let’s border is very different depending on matic path during the summer months actually do less than we can do—actu- which State and which area of the across that river. ally, let’s do less than we are doing State that you are in. Many things we can do. Many things right now. So that seems to fly in the In my home State of California, we we need to do. This bill will give us the face of what every single American, re- saw the jet skis that were coming measurements and metrics to secure gardless of your positions on other along the surf that were bringing in a our border. things, feels about securing the border. couple of illegal aliens at the time. We Ms. MCSALLY. Thank you, Mr. Ms. MCSALLY. Thank you so much. I have got to be able to address that DENHAM. I appreciate you coming to appreciate it, Mr. PERRY. from a Coast Guard perspective. visit our district to see that firsthand, Again, I have about 10 minutes to And when you have double fencing in and I look forward to working with you wrap up here. I do want to tell some those high urban areas, we saw the as well on getting this bill across the stories related to the level of activity Vietnam landing strips that, at one finish line. in the district and how it is impacting time, were a very good piece to add One thing I think is important for real people in southern Arizona and along border security when we had those who are watching to know is we their families and the threat that has nothing. But now we have got to re- have had a variety of people speak in been increasing. place that with new fence that will support of this bill. Often we have dif- For those who are not aware, Rob allow our Border Patrol agents to actu- ferent views on some other topics or Krentz is a rancher in my district, and ally see through and address it when even what we should be doing as we are he was killed. He was murdered on his there is a weakened area in that fence. addressing some of the other chal- own ranch in 2010. This is as it was re- We have got to go much further. lenges related to immigration. But we ported by The Arizona Republic: Along the California border we also are all in agreement on one thing, On a breezy spring morning, a red ATV have a number of mountains and even which is we need to secure the border; rolled across southeastern Arizona’s border cliffs where we have to address the bor- that this is an urgent issue. badlands beneath the mystical Chiricahua der differently. And in your area, we Across the spectrum, this is some- Mountains. A gray-haired rancher in classic saw where a truck was able to cut cowboy attire—jeans, boots, denim vest, and thing that unites those of us within the shirt—was at the wheel, accompanied by his through, while you had a big fence, was conference, and really should unite this dog, Blue. able to cut through that fence and ac- body. Robert Krentz, 58, was checking stock tually go across the border into your I know my community is a very split ponds and water lines on the 35,000-acre area, which is why we need the VADER district politically, but everyone spread not far from where Apache leader Ge- technology. agrees, whether they are Democrat, ronimo surrendered to the U.S. cavalry. The We saw some of the technology that Independent or Republican, they want Krentz clan began raising cattle there more is being redeployed from Afghanistan, than a century ago, shortly before Mexican their family to be safe and secure. Revolution leader Pancho Villa prowled and with that infrared technology, we They want their community to be safe nearby. In modern times, the sparsely popu- actually saw individuals coming across and secure, and this bill does that. lated San Bernardino Valley, bordering New the border. So it is time that we work together Mexico and Senora, became a magnet for But with the VADER technology, we to get this thing passed. So thank you, bird watchers and a haven for smugglers. can actually see 150 miles. So you Mr. DENHAM. Krentz pulled to a stop, as he noticed a would see people actually lining up on I will continue to tell a few stories man apparently injured. The rancher made a the border or preparing to bring drugs here from my district that I do want to garbled radio call to his brother, Phil—some- thing about an illegal alien hurt; call Border across. share. Now we can actually work with our Patrol. It was about 10:30 a.m., March 27, Mr. PERRY, I yield for just a minute. 2010. counterparts in Mexico to actually go I do have a number of things I do want What happened that morning as shots and address it from their perspective to share before we wrap up. echoed across the grassy range would roil before it even gets on to American soil. Mr. PERRY. We want to make sure Arizona politics and fuel the U.S. immigra- So there is much more that we can that we get all the information out tion debate for years to come. do, both with technology that is com- about this. As I said, the GAO’s best es- One day earlier, Phil had put Border Patrol agents onto a group of suspected drug run- ing back from Afghanistan, coming timate, I think, is about 56 percent of back from Iraq, as well as new tech- ners on the family’s land, resulting in eight the border is not secured. arrests and the seizure of 200 pounds of mari- nology that will give the American Another thing to mention about this juana. public the assurance that we have the bill is that we are looking for 100 per- After Krentz’s broken radio transmission, measurements and metrics in place to cent. Now, we understand, just like law family members almost immediately secure our border. enforcement, they don’t catch every launched a search. Part of our challenge right now is criminal, and sometimes prisoners es- And also neighbors. There were other not knowing how many people are com- cape from prison, but we expect the ranchers in the area that started this ing across. If you never know how warden to secure the prison, and the search, trying to track the killers, and many people are coming across, you plan is to keep everybody in prison in they enlisted help to track the foot- can never address how many you are prison. steps south. actually catching, and the metrics are But with this bill we expect 100 per- Rob was found just before midnight, his on how many people are actually com- cent, and it is important to note that body lying on the ground with his feet still ing into our country. the other side would have us diminish inside the all-terrain vehicle. Two 9-milli- If we are going to have a full debate that standard. meter slugs had fatally penetrated his lungs. on immigration, we have to first give Another bullet wounded his dog, which had the American public the sense and the b 1715 to be euthanized. Krentz carried a rifle and security that we need and deserve, and Right now, GAO is saying that 50 per- pistol in his Polaris Ranger but apparently cent of the border is unmonitored and never got a chance to use them. After being this bill will do just that. shot, he managed to drive about 1,000 feet be- We have to do it now. We can no not secured. We actually have people in fore collapsing. longer wait until there is another surge this Congress saying let’s lessen the The only immediate sign of an assailant of 50 or 60,000 unaccompanied minors or standard that we have currently right was a set of footprints. Trackers followed family units that are coming across now, and the best we can get is 50-some them nearly 20 miles south to Mexico, where the Texas border, where they are just percent. the trail vanished. hopping in a boat, going 100 yards, and I don’t know who in their life plans His murderers have never been stepping on American soil and then to fail, doesn’t plan to exceed and do caught to this day. Rob Krentz’ family looking for refuge. the maximum. Whether it is showing deals with this grief and deals with the

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.061 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H796 CONGRESSIONAL RECORD — HOUSE February 4, 2015 fear of the border not being secured English. They were frantic to have me take being a lifetime criminal and a repeat and what is going to happen next to them to the ‘‘police.’’ They stated they were offender. He is just used by these traf- them. This is very real in southern Ari- from India. I talked them out of my truck fickers going back and forth. He was and back onto the side of the road, promised zona. them I would, no doubt, call Border Patrol, detained for 2 days, and he wasn’t In 2010, Brian Terry, a Border Patrol and they let me leave. charged with weapons charges or mul- agent, was also murdered by smugglers Yep, scared me for a few minutes. tiple entries, and he was sent back to in our district. Let me tell you, Kelly Glenn Kimbro Mexico, again, to probably be used by On December 14, 2010, Border Patrol Agents is a tough woman. She is a rancher. these transnational criminal organiza- William Castano, Gabriel Fragoza, Timothy She is a mountain lion hunter. She is tions. Keller, and Brian Terry demonstrated ex- cool under pressure. How would you be- This is very real to southern Arizona. treme bravery while facing a lethal threat have in that circumstance? The transnational criminal organiza- from a superior number of armed subjects The challenge that she has—and she tions are daily trafficking. suspected of trafficking drugs in the area. has got an 18-year-old daughter who There is another photo I have right And I am reading from a citation, often drives home alone. They are hav- here, and you can see on the other side where he earned the 2010 Congressional ing to make life-and-death decisions. of the photo, a number of individuals Badge of Bravery. How did she know that they were not that are just mules. They are packing All four agents were operating as members armed? How did she know what their drugs, and they are just going through of a small four-man rural assault element intentions were? And if she decided to their property. tasked with interdicting armed suspects op- hit the gas and did harm them, then There are other photos I have here erating west of the town of Rio Rico, Ari- they would be questioning her actions related to some of the ranchers who— zona. This four-man element had occupied a remote interdiction site consisting of rug- because they were, in fact, unarmed. there is just no fence. Again, as we ged, steep, and difficult terrain for a period This is just the type of circumstances talked about earlier, the fence is not of 48 hours without relief. that these people are dealing with, just the only solution, but fencing will at At approximately 11 p.m., the team was living in their own homes, just going in least delay the activity. This is just alerted to at least five suspects moving into and out of their own community, just one of the rancher’s pictures of just a the interdiction zone. Without regard for in- traveling to the store and going about barbed wire fence that is easy to be cut dividual safety, the small team maneuvered their business. through on foot or with a vehicle. into a position to interdict and apprehend There are a couple of other stories. So I am urging my colleagues to pass the five individuals passing directly in front Gary Thrasher is a rancher and vet- of them. As the agents identified themselves, this border security bill. I am urging erinarian who has worked and prac- those who are listening to please con- suddenly and without warning, the subjects ticed in Cochise County since 1984. opened fire on them. Placing themselves at tact your Members of Congress in the great risk of serious physical injury or Over the past 30 years, he has seen how House and the Senate. Let’s not play death, all four agents bravely stood their border security issues have led to dra- politics with securing our border. Now ground in an attempt to provide vital protec- matic changes in the county’s way of is the time. tion for their teammates. life. These ranchers have put up with this During the short and horrific gun battle, Gary lives about 3 miles from the for decades. They have cooperated with Agent Brian Terry sustained a fatal injury. border. Over the past 4 years, 11 of his Border Patrol. Border Patrol is doing Realizing that Agent Terry had been injured, ranch family clients have sold out, and the best they can, but we have got to the team, without hesitation, continued to that has had a big economic impact on change the strategy, and we have got selflessly place themselves in harm’s way by his practice as well. They have just de- attempting to provide lifesaving techniques to address this issue. It should be a bi- cided to give up. They can’t afford to for Agent Terry and providing perimeter se- partisan issue and something that ranch in the area under this danger curity, preventing the assailants from ma- unites us. Let’s get the job done so we neuvering on their position. One of the sus- anymore. Many of those families have just said that they can’t deal with the can protect the people of southern Ari- pects was wounded during the incident and zona, the people of Texas, the people was ultimately taken into custody. threats and the anxieties of life along the U.S.-Mexico border; and for the living in other border communities, Brian Terry is a hero. Rob Krentz and our Nation. was on his property when he was mur- ranchers who remain, it has become in- creasingly hard to find people who Mr. Speaker, I yield back the balance dered. Brian Terry was brutally mur- of my time. dered. want to work on their ranch near a Let me tell you another story, one of border that is constantly crossed with f rancher Kelly Glenn Kimbro, a fourth these transnational criminal organiza- BLACK HISTORY MONTH tions. generation rancher. I am reading from The SPEAKER pro tempore. Under an email that she sent to me in June, Another rancher shared, anony- mously, that he has got a couple of the Speaker’s announced policy of Jan- just an incident that she had on her uary 6, 2015, the gentleman from Texas ranch east of Douglas. houses, one 2 miles and one 40 miles from the border, and he has got far (Mr. AL GREEN) is recognized for 60 A couple of days ago, I was driving from more trouble at the house 40 miles minutes as the designee of the minor- the Malpai Ranch to Douglas on Geronimo ity leader. Trail. At mile marker 11, I could see motion from the border. He has had, according to him, 15 to 16 break-ins, home inva- Mr. AL GREEN of Texas. Mr. Speak- ahead of me in the road; and as I approached, er, I thank the leader for allowing me 13 men formed a barricade with their bodies sions, and one of them was just 3 weeks across the road. I slowed and tried to pass on ago. to be a designee for this moment in the right. They moved right. I had locked my One last story from another rancher. time. doors as I approached and my windows were He and his son, they said they left the I am also very appreciative for this up. ranch. Someone broke in, stole food, special time. This is Black History Knowing that I had to either run over sev- and then they left. The next day, they Month, and it is a very special month eral of them, I stopped. They immediately saw individuals moving north. The son in the life of African Americans. But if surrounded my truck. Two fellows stood in pursued them, and the Border Patrol the truth be told, it is a special month front of my truck with their hands on the in the life of all Americans because hood, holding me in place. Several guys then captured them. It turned out, ac- started to climb onto the running boards and cording to this rancher, that, after Black history is American history. into the back. One was rummaging around breaking into his ranch, they broke I had the opportunity just a couple of my tools. I was thinking that if he proceeded into a hunter’s property and stole a nights ago to appear on the floor with to break a window that I would possibly use weapon. The pistol was ditched before a couple of my colleagues, the Honor- my pistol. I was not sure if I was being hi- they were caught but connected back able DONALD PAYNE, JR., from New Jer- jacked or what. to them. Who knows what their inten- sey and the Honorable ROBIN KELLY Think about it. This is a woman tions were. from Illinois. They were here to have a alone in her truck, with 13 men stop- This is the challenge that these peo- Special Order hour. I want to com- ping her in her tracks. ple have. pliment them because that Special I put my window down a couple inches and The rancher talked with the migrant Order hour, indeed, dealt with a lot of told them to get back. They started talking criminal. And he said he admitted to Black history. They talked about 50

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.062 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H797 years from Selma—where we were, b 1730 Thurgood Marshall came to Howard where we are now, and where we are Black history does not mean that University after having been a reject at headed. They did such a great job that Black people assume that they are bet- the University of Maryland. He tried to I thought it appropriate to acknowl- ter than anyone else. It just means get in, and he could not. In a strange edge the outstanding effort and the that they would like to be included in sort of way, it compels me to say: fact that a good number of Members history because they believe that no Thank God for the University of Mary- were very supportive of what they did. one else is better than we are. We are land because had they not rejected I am honored to also say that we plan all the same. We are all God’s children, Thurgood Marshall, he would not have to continue that tonight with this Spe- and we all bring special talents and come to Howard University. cial Order time, and we will talk about special attributes that make this great There is a good likelihood he would Black History Month, but from a country the wonderful place that it is. not have met Charles Hamilton Hous- slightly different perspective. Tonight, in talking about this cen- ton and, as a result, may not have ac- We are honored to say that this reso- tury of Black life, history, and culture quired the intelligence that Charles lution that we have introduced into in this, the United States of America— Hamilton Houston provided a plethora Congress—it was introduced on Janu- and we could make it the world—but of lawyers about the Constitution as it ary 6, 2015—this is the ninth time that let’s just talk about the United States relates to ‘‘separate but equal.’’ It was I have had the pleasure of introducing since the organization the Association Thurgood Marshall who became his this resolution, and it has 24 original for the Study of African American Life prize student. Thurgood Marshall, cosponsors. And I want to thank all of and History was founded in the United along with Charles Hamilton Houston, the original cosponsors for being a part States—this is the 100th anniversary— became two of the great litigators to of helping this resolution come to the I will ask the question and give some bring down Jim Crow. One of the cases that Thurgood Mar- floor for this Special Order time. examples of why this question is so im- shall and Charles Hamilton Houston We are not here for the purpose of portant. passage, but we are here for the pur- The question that I pose tonight is brought before the Maryland Court of pose of expressing much about Black with reference to the giants that we Appeals, the one that stands out more history and explaining why this resolu- know about in history, and we stand on than any other, is the case of Murray v. Pearson. tion is so important. It is important the shoulders of giants—we all do—the In that case, Murray wanted to get not only to me and the people in my shoulders of giants, people who have district, which is, quite frankly, one of into the University of Maryland as done great things to make it possible well. Isn’t it ironic that Thurgood Mar- the most diverse districts in the coun- for us to have these great opportunities try—in my district, the ballot is print- shall, who could not get into the insti- that we have, people who suffered tution and who went to Howard Univer- ed in four languages: English, Spanish, many of the slings and arrows of life so Vietnamese, and Chinese. Hence, Black sity, had the opportunity to become that others could have a better quality the understudy, if you will, of the hon- History Month is important to not only of life. Many of them are well known. the African Americans in my district, orable Charles Hamilton Houston? Isn’t We stand on the shoulders tonight of it ironic that the circle comes back to but all of the other friends, associates, giants. the University of Maryland with one of and constituents that I have in my dis- The question that I pose is: Whose his first cases after completing law trict. They constantly talk to me shoulders do the giants stand on? If we school? about Black History Month. We talked stand on the shoulders of giants, whose Thurgood Marshall was the lead about other aspects of history as well, shoulders do they stand on? counsel, along with the honorable but tonight we will focus on Black his- Thurgood Marshall, one of the great- Charles Hamilton Houston, against the tory. est litigators in the history of the University of Maryland to bring about It is important to note that this is United States of America, won 29 of 32 an opportunity for the use of the doc- the 100th anniversary of the organiza- cases before the Supreme Court. He trine of ‘‘separate but equal’’ being at- tion that promoted and promulgated was a great litigator and went on to be- tacked with constitutional provisions, Black History Month. This organiza- come a Justice on the Supreme Court and they were successful. tion, the Association for the Study of of the United States of America, the I am proud to know that while African American Life and History, first African American, a giant. Thurgood Marshall is the giant, a Su- founded by the Honorable Carter G. I stand on the shoulders of Thurgood preme Court Justice, Thurgood Mar- Woodson, is the organization that has Marshall. A good many people in this shall is known far and wide for his carried the torch, the flame of hope for Congress stand directly on the shoul- legal prowess. He stood on the shoul- history to be inclusive, and they have ders of Thurgood Marshall, in that we ders of an even greater giant, an un- done an outstanding job. are here because of some of the litiga- sung hero to some extent. Well, now, There was a time that I can remem- tion that he won before the Supreme we do know much more about Charles ber in my lifetime, in my history book, Court of the United States of America. Hamilton Houston than previously in when there was little mention of the We stand on the shoulders of Thurgood previous years. accomplishments of African Americans Marshall. It is important to note that he is not in history; and in world history, even On whose shoulders does Thurgood the person who has received all of the less. I remember one of my books pro- Marshall stand on? Well, the person glory, all of the platitudes, and all of claimed that the reason there was lit- that probably shaped his legal career the accolades that Thurgood Marshall tle mention of the nations, the coun- more than any other was the honorable received, but he was the architect. I am tries in Africa was because they con- Charles Hamilton Houston. Charles proud to say that Thurgood Marshall tributed very little to history. Lit- Hamilton Houston was a Harvard law- stood on the shoulders of a giant. erally, that was the kind of statement yer. He was a person who was the dean Let’s go on. Let’s talk now about an- that I had to read as a child. of the law school at Howard Univer- other giant of the civil rights-human Well, I am honored that we have sity. rights movement, and that was Rosa come a long way from a point wherein He was the person who concluded Parks. Everyone knows the story— we were rarely included to a point that the Constitution of the United most everyone does—about how Rosa where we are included, but I think not States of America did not condone Parks decided that she was going to enough yet. My hope is that at some ‘‘separate but equal,’’ the person who is take her seat. Rosa Parks was a giant. point in time we won’t have a Black said to have killed Jim Crow, the per- She decided to take a seat in what was, History Month, we won’t have any type son who was a part of all of the law- at that time, a racist Southern town. of history month other than history on suits of the civil rights era from 1930 to The story is told that Rosa Parks a daily basis, because at that point in 1954, including Brown v. Board of Edu- was tired and that she just had to take time we will have included all persons cation, the honorable Charles Hamilton her seat because she was tired—not and all of the great cultures in this Houston. He is the person that cul- true my friends, not true. country in the history of our great Na- tivated and mentored Thurgood Mar- Rosa Parks was an officer in the tion. shall. local NAACP. Rosa Parks was a person

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.063 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H798 CONGRESSIONAL RECORD — HOUSE February 4, 2015 with great standing and credibility in tation. That was an important, signifi- talk about and hear about as it relates her community. Rosa Parks had stat- cant event in history. to the Edmund Pettus Bridge because ure. Rosa Parks had the backing of the It was Rosa Parks who received a lot there is a person that I conclude is the NAACP. Rosa Parks had people who of the credit. I love her, and I think she greatest unsung hero of the civil rights could get her out of jail. deserves all the credit she received, but movement who had a hidden hand in She had people who could work with I also think there are these unsung he- the march from Selma to Montgomery. her and help to stage, if you will, in the roes and heroines who have not re- b 1745 minds of some, this moment in time ceived their fair share of credit for when she literally decided that she was what they too have done. In fact, they When they went back to make the not going to move back nor stand up so are the shoulders that giants stand on. final march with Dr. King, as they that her seat could be held and had by Claudette Colvin is the giant on whose moved across the Edmund Pettus a person of a different hue. shoulders Rosa Parks stood on. Bridge, they had a hidden hand that It was a bold thing to do. It was a Moving to another giant, we all know had signed a court order. That court very bold thing to do in the South, the of Dr. King, and last week and earlier order was signed by the Honorable segregated South at that time, the seg- this week, we talked a lot about Selma, Frank M. Johnson, a Republican ap- regated South where the Constitution and we talked about the march that pointee to a Federal court, appointed accorded us all of the rights of other took place there. by the Honorable President Dwight Ei- citizens, but our friends and neighbors In talking about that march, we senhower. denied us those rights that the Con- talked about how people assembled at a Frank M. Johnson signed the order stitution accorded us. This was the seg- church, and they decided that they clearing the way for them to march regated South, and this was Rosa were going to march peacefully from from Selma to Montgomery. And it is Parks. She decided to take that seat, Selma to Montgomery. As they pro- interesting to note that he was a con- backed by the NAACP and backed by a ceeded to march, they came to a turn- temporary of George Wallace. In fact, host of persons who were prepared to ing point in history. They came to one they were classmates. He and George work with her and support her. of those seminal moments in history Wallace had a constant confrontation, The truth be told, the honorable Rosa that will forever define the life of a a mild form of confrontation, some- Parks, who is considered by many the country, to be quite candid. times it got a little bit more than mild, ‘‘mother of the civil rights movement,’’ They came to the Edmund Pettus but they continually battled each the honorable Rosa Parks stands and Bridge, and they confronted the con- other. Frank M. Johnson was so much stood at that time on the shoulders of stabulary on the other side of the Ed- of an impact on the times that he had a giant. She stood on the shoulders of mund Pettus Bridge. If you have not to be guarded 24 hours a day. He was a a giant that we rarely hear about and gone to the Edmond Pettus Bridge, you Federal judge unlike any other. In fact, rarely read about. should go and see the Edmund Pettus Dr. King said he put the justice in the It is the story of a giant who was but Bridge. word ‘‘justice,’’ the Honorable Frank 15 years of age at the time she made If you understand the times that M. Johnson. her mark, if you will, in history. It is these persons were living in, you have So the question becomes, on whose the story of a giant who was arrested 9 to realize that these were some brave, shoulders did Dr. King stand on that months before Rosa Parks for doing courageous, and bold souls to be will- day when they marched across the Ed- the same thing that Rosa Park did. She ing to march across the Edmund mund Pettus Bridge? On whose shoul- was a 15-year-old girl, Claudette Pettus Bridge, knowing that the con- ders did the marchers stand on? They Colvin. She was the first person ar- stabulary was on the other side with stood on the shoulders of a hidden hand rested under the circumstances com- clubs and on horses. of the civil rights movement, the Hon- parable to Rosa Parks in Montgomery, You have to ask yourself candidly: orable Frank M. Johnson. Alabama. Would you have confronted what you Frank M. Johnson integrated She went to jail. Little is known knew was waiting for you in the form schools, he integrated the jury system. about her. Little is known because it of possible death on the Edmond Pettus He changed the face of the South, and was thought at the time that she was Bridge? so little is known about this giant on not the ideal person around which to The Honorable JOHN LEWIS indicates the shoulders of whom many of the rally. It was thought at the time that that he thought he was going to die great icons of the civil rights move- a more senior person was needed, a per- that day because, when confronted by ment stood on that day. This is not to son who had greater standing in the the constabulary with these clubs, they demean or diminish—obviously, we community. She was not that person. beat the marchers all the way back to can’t—the role of Dr. King and the Ah, but here is where history—his- the church. Honorable JOHN LEWIS; this is simply tory—tells the story. She was one of If you see the movie ‘‘Selma,’’ you to say there are others whose stories four people to file the lawsuit—the law- can get a fair depiction and representa- are not told enough, whose stories suit—that ultimately ended segrega- tion of what happened on the Edmund should be told more. tion of the bus line in Montgomery, Pettus Bridge. There will be another And on an occasion like this when we Alabama. march this year across the Edmond want to celebrate Black history, I Although Rosa Parks, Dr. King, and Pettus Bridge. For those who are inter- think we have to acknowledge that the multitudes marched and protested, ested, I am Congressman AL GREEN. there were unsung heroes and heroines they marched and they protested for You can call my office, and we will tell on whose shoulders many of the giants approximately a year or more, it was you about it. You might want to join stood on. And we also have to acknowl- not the march or protest that actually us. edge that many of these unsung heroes brought about the ending of this form Let’s talk about the Edmond Pettus and heroines are not of African ances- of invidious discrimination. It was Bridge and this march. Dr. King was try. You see, there really is a White really the lawsuit, Browder v. Gayle. It not there for Bloody Sunday. There side to Black history. Frank M. John- is important to note that there were were reasons that compelled him to do son is a part of this White side of Black four plaintiffs in the lawsuit and that some other things in his life. There history. But we also must know that Claudette Colvin was one of those four were other persons there. The Honor- Frank M. Johnson, the great hero that plaintiffs. able JOHN LEWIS was one of them. he was, is not in the history that we It was that lawsuit that made the In a sense, when Dr. King came speak of, is not celebrated to the ex- difference in the lives of not only those back—or he came to Selma following tent that he should be. people in Montgomery, but people Bloody Sunday to march, he was stand- So tonight, I want to say to the fam- across the length and breadth of this ing on the shoulders of those who had ily and friends, relatives, those who country because that was one of the already gone before him and confronted knew him, we celebrate him tonight. first times that the opinion expressed this constabulary. We celebrate the Honorable Charles in Brown v. Board of Education was ex- Let’s really take a closer look at the Hamilton Houston tonight. We cele- panded to include public transpor- history—at the history that we rarely brate the Honorable Claudette Colvin

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.064 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H799 tonight. These are persons who were in some heavy lifting to reinstate section with you. I was not born in the State the shadows but who made a difference, 4 of the Voting Rights Act. that I represent. Nebraska is my home. and giants stood on their shoulders. And, as they marched once before, we It is where I have decided to raise my Now to close. Let’s go back to the will march once again this year. My family. It has given me a bounty of op- Edmund Pettus Bridge because a sig- hope is that we will be able to in this portunity, and I am so privileged to be nificant thing occurred. At the Ed- Congress come to a bipartisan conclu- a Representative from Nebraska. I was mund Pettus Bridge when they sion that section 4 of the Voting Rights born in the Deep South in a State marched across, at that time there Act is still important to a good many where segregation and racial difficul- were five African Americans in Con- people, and that we will work together ties were particularly difficult. gress; there were four Latino Ameri- to revitalize section 4 of the Voting When I was in third grade, it was cans in Congress, Hispanic Americans; Rights Act so as to give section 5 the time for my birthday, and we had a and there were three Asian Pacific Is- potency it needs to provide the cov- birthday party and I invited all of my landers in Congress. Now, rather than erage that has been of great benefit to classmates. This was basically a White, five African Americans, we have 48. us. middle class stable school in a stable Rather than four Hispanic Members, Mr. Speaker, I am so grateful to have neighborhood, but there was one Afri- we have 38. Rather than three Asian had the opportunity to share these can American family, either because of Pacific Americans, we have 14. I would thoughts at this moment in time about the beginning of desegregation that also note that there were 14 females in some of the great heroes and heroines was taking place at that time or be- Congress at that time. We now have and some of the unsung heroes of the cause they lived in proximity, they 104. civil rights movement. I thank you, were at the school. One of the young Crossing the Edmund Pettus Bridge and I thank the leadership for allowing boys was named Philip Brown. He was provided the world an opportunity to us this time to celebrate Black History not only my classmate, but my friend. see the horrors of invidious discrimina- Month in these, the great United So I invited all of the boys, including tion, of onerous segregation, the hor- States of America. God bless you, and Philip, to my birthday party. Philip rors that people, decent God-fearing God bless our great country. didn’t come. And I saw him on the I yield back the balance of my time. human beings in the South, had to suf- Monday afterward and I asked him, I fer. And it provided the President of f said: Philip, I didn’t see you at my the United States, the Honorable Presi- AMERICA’S NATIONAL birthday party. Why didn’t you come? dent from the State of Texas, Lyndon CONVERSATION He said: I did. They wouldn’t let me Johnson, the opportunity to sign the The SPEAKER pro tempore. Under in. Civil Rights Act of 1965. the Speaker’s announced policy of Jan- Now this is an 8-year-old child. That Civil Rights Act is in no small uary 6, 2015, the Chair recognizes the I remember then thinking during the part why I happen to stand before you party, my father had come over to me gentleman from Nebraska (Mr. FOR- in the Congress of the United States of and whispered in my ear, in terms of TENBERRY) for 30 minutes. America. I stand on the shoulders of Mr. FORTENBERRY. Mr. Speaker, the time, he said: Jeffrey, is Philip a many giants. Many of them are known first, if my friend, Congressman GREEN, Black boy? to us, but there are a good many of wouldn’t mind staying a moment, I And I said: Yes, and I didn’t think them who are not known to us, and I would like to offer a few comments on any more about it. am proud to say that during this time what you said. Unfortunately, I missed He had to go outside. My father had of Black History Month, it is appro- the larger body of your talk, but I to go outside and talk to Philip’s fa- priate for us to acknowledge them and would like to add a few things, if you ther because the establishment there, celebrate them for what they have don’t mind. unbeknownst to us, but the establish- done to make it possible for many of us Mr. AL GREEN of Texas. I welcome ment didn’t let in African American to have the opportunities that we have. the opportunity to stand with you, my children. And today, as we look back and we dear friend. Thank you. Now, I want to fast-forward, though. revisit the Special Order hour, ‘‘50 Mr. FORTENBERRY. I think it I told that story to my little children. Years Ago From Selma: Where Are We should be acknowledged that we were I have five daughters, and they are and Where Are We Headed?,’’ I must elected at the same time. growing up now, but I told this to them tell you, in concluding, that we are Mr. AL GREEN of Texas. We are a few years ago. To your point about headed back to the future. We are classmates. progress being made, they were visibly headed back to the future because the Mr. FORTENBERRY. We are class- upset. They said: Daddy, you have to Civil Rights Act of 1965, which ac- mates. While we are on different sides go find Philip. You have to go find him. corded us the many opportunities that of the political aisle, nonetheless I Mr. AL GREEN of Texas. What a we have today, that Civil Rights Act of hope that you consider me as much of wonderful thought. 1965, section 4 of it has been evis- a friend as I consider you. Mr. FORTENBERRY. Because they cerated. And as a result of the eviscera- Mr. AL GREEN of Texas. I do. And if were deeply touched, wounded, if you tion of section 4, we have seen, unfor- I may say, I rarely think of sides of the will, by this story. How could this hap- tunately, section 5 of the act lose its aisle when you and I are talking. It pen to a little child? potency because without section 4, you doesn’t become a significant factor in But I think you rightfully acknowl- don’t have a section 5. Section 5 has our lives as we converse and we cele- edge that those days are behind us. And been emasculated; section 4 evis- brate our friendship. through all of the difficulties, toils and cerated, section 5 emasculated. Section Mr. FORTENBERRY. I would like to struggles that occurred, thankfully 5 is there, but it does not have the cov- note a couple of things you pointed out they are behind us. And I think what erage areas that it is to address. And so in your speech, and then you can move you said is appropriate, that Black His- without section 5, we find ourselves on with your evening. I don’t want you tory Month ought to also be called back to a point in time wherein we will to stay through my other comments, America’s History Month because these have to again relitigate the whole but nonetheless, you said a few things. chapters are an important, essential question of the right to vote, to a cer- You talked about the important part of our national fabric and our na- tain extent—very limited—but also in progress that has been made in this tional culture. this context the means by which we country, and I think that is notable. Again, I didn’t intend to dialogue were able to secure many of the seats You talked about that particularly dif- with you. But I was sitting there in Congress that the 48 Members pres- ficult period in the 1960s, and you re- thinking of this, and I have never ently enjoy. ferred to Black History Month as shared that story publicly. But I think So without that section 5, an effec- America’s history month as well. I the main part of the story is the pain- tive, potent section 5, we find ourselves think those are all notable comments, ful look on my own little children’s with a circumstance where we are and I wanted to tell you that. faces when they heard that, and I think looking back now to that future, that In that tough time, something hap- that means good progress. future that is going to require us to do pened to me that I would like to share I yield to the gentleman.

VerDate Sep 11 2014 04:43 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.066 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H800 CONGRESSIONAL RECORD — HOUSE February 4, 2015 Mr. AL GREEN of Texas. I appreciate I do want to make this comment that mired in mediocrity, nor should we be you sharing that vignette with me be- things at the courthouse during all divided by class or income, but I do cause it is very much heartfelt. It is that time changed a great deal as to think we have to acknowledge several good to have a person to tell the actual who was at the courthouse in the difficult truths. story. If you have read it, you will courtroom representing either the I think our national conversation know of what I speak; if you haven’t, I State of Texas or the citizen accused, should also start here. The reality is commend it to you—Dr. King’s ‘‘Letter as you referred to him. we have a tale of two very different from a Birmingham Jail.’’ Were you the first African American economic recoveries. One recovery was Mr. FORTENBERRY. I am very fa- to practice in the courtroom? Or was it working pretty well for transnational miliar with it. Ned Wade or Ron Mock? Which one of corporations, many of which are sub- Mr. AL GREEN of Texas. It is one of you was it? sidized indirectly by the state, but the the greatest pieces of literary history, Mr. AL GREEN of Texas. I was not other recovery is not working quite as saving a few holy books, I would say. It and probably someone prior to Ned well for everyone else. is absolutely one of the best stories of Wade. There were other lawyers who Too many families are facing down- what that time was like. Dr. King talks were there long before us. ward mobility, stagnant wages, and an about how he had to explain to his chil- Mr. POE of Texas. It has changed a increased cost of living, and many feel dren why they couldn’t go to a certain great deal. In fact, the judge who took abandoned by a Washington and Wall theme park, and how he could see the my place is an African American judge Street axis. There is an incomplete pic- clouds over their heads as they were at the courthouse in Houston. It is ture being given, I think, in the dy- saddened by their inability to go to the hard looking back on history to realize namics of the statistics that are now theme park because of who they were. things were not always that way at the being promulgated about the current I ask people to please read that letter courthouse and the legal profession as economy. because it really parallels what you are they were in many other professions. Yes, we have some good news. Energy saying tonight here on the floor of the I think your accomplishments as an prices have significantly fallen, and House of Representatives. You are attorney and as a jurist are admirable. that is taking a lot of pressure off a lot right—we have come a long way from They have served the State of Texas of sectors and a lot of individuals. those times. These times are difficult quite well, but you fought a lot of bat- Some recovery is happening. But as the head of the Gallup organi- in a different way, however. There is tles during that time as well, and I zation points out, the recent reports still great work to be done, and you want to thank you for fighting those that the unemployment rate has and I can work together to get some of battles. dropped to 5.6 percent are really quite this additional great work done. Mr. AL GREEN of Texas. Well, thank misleading. The Department of Labor But notwithstanding all that I have you. doesn’t count those who are trapped in said tonight, I conclude with this: On a I know that your time is of the es- unemployment and who have stopped bad day, it is still good to live in the sence, and you have been very generous USA. looking. with me, Mr. FORTENBERRY. In fact, the further you unpack these Mr. FORTENBERRY. Amen. Will the gentleman allow one addi- Mr. AL GREEN of Texas. On a bad statistics and you look at what is caus- tional comment? The Honorable TED ing the causal relationship here is, un- day when your spouse wants to leave POE and I have had a friendship for you, or on a bad day when your puppy fortunately, we are entering into a pe- many, many years. He is imminently riod of what I am calling an entrepre- wants to bite you, let your puppy bite correct. We were on different sides of you and let your spouse leave you, in neurial winter, where there are more the table, literally, in the courtroom, small businesses dying than there are the United States of America, on a bad but we never allowed many of the po- day, it is still good to live in the USA. being born; in other words, the net out- litical maneuvers of the time, the po- come of small business creation is in a b 1800 litical issues of the time, to prevent us negative range for the first time in the Mr. FORTENBERRY. I thank you for from being friends, and we brought history of our country. listening to me and your commentary that friendship to the Congress of the The reason this is significant is this tonight. Let’s continue our robust United States of America. is where most jobs come from. Most friendship and our collegiality as we While there is still great work to be people in America are working hard work through differences and difficul- done—even in the courts, there is still and are looking for their opportunity ties, which are inevitable in a body like great work to be done. There is great in small business. We are not talking this where there are indeed philo- work to be done in the area of litiga- about larger entities, which have an sophical divides. tion that still is matriculating through important role in not only economic There ought to be certain principles the courts, but we still have to ac- recovery and in creating employment that unite us, and I have myself quoted knowledge that it is a better time to do for many, but small businesses are from Dr. King’s letter in the Bir- it now than to do it then. where the majority of jobs are created. mingham jail in other speeches. We have greater friendships and It is also where this dynamic of an Mr. AL GREEN of Texas. Thank you greater opportunities. On a bad day, it interdependent economy, a healthy very much. is still good to live in the USA. economy, is really born, an oppor- Mr. POE of Texas. Will the gen- Mr. FORTENBERRY. A great expres- tunity economy, where the benign tleman yield? sion. Thank you. forces of competition create a certain Mr. FORTENBERRY. I yield to the Thank you, Judge POE. interdependency between the one who gentleman from Texas. Mr. Speaker, may I inquire as to how is making a good with their own two Mr. POE of Texas. I thank you for much time is remaining? hands or their intellect and selling it yielding. I won’t take all of your time. The SPEAKER pro tempore. The gen- to another who needs that good and, in You and I, our careers have mirrored. tleman from Nebraska has 20 minutes turn, reinforcing a social dynamic that We both became lawyers the same remaining. is essential to personal well-being and year, and we both started at the court- Mr. FORTENBERRY. Thank you, Mr. a healthy economy. house in Houston I think the same Speaker. Well, how did we get into this posi- year—’73, ’74, right in there. Before I deviated, I had some other tion? I think we have to analyze this as Of course, you were on one side, the thoughts that I wanted to convey to- well. defendant side, and I was on the pros- night. Mr. Speaker, let me start out Mr. Speaker, I received a phone call ecution side. We worked before the with this thought. last spring, and the gentleman was same judges. You and I both became It is a high goal, a principle, that I very, very eager to talk to me, so I judges about the same time and then think across this body we all share, called him back. In fact, he was so we left the bench at the same time and and it is this: Americans deserve a eager to talk to me that he was actu- ran for Congress and joined Mr. FOR- smart and effective government. I ally sitting at the Nebraska spring TENBERRY in the infamous class of 2004 don’t think nor do I think many of us football game where the white team or ’5. believe that Washington should be versus the red team, they play it out.

VerDate Sep 11 2014 04:43 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.067 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H801 This is a big deal in Nebraska. Tens comes in the world. The question is dential decisions about what is really of thousands of people actually go to how do we get there? necessary and what is not, I think this this game. He was sitting in the stands, Well, from my perspective, a new is a mechanism by which we can again and he took his time out from watch- framework, a new architecture of ap- significantly empower families to save ing the Nebraska spring game to talk proach is needed, but it basically ex- money, control their first health care to me which is a high honor. pands a policy that we already have. dollar cost, and be protected at the He wanted to point out that he was a A long time ago, I had a very signifi- same time. small business person. He owned and cant headache. I was in my twenties. I The health savings account is a tax- started a heating and air-conditioning carried my own health care policy, and preferred vehicle whereby money is set business and, until very recently, had it was very expensive, so I had a very aside on a tax-preferred basis and accu- five employees. Because he could see high deductible. mulates over time. Now, most people in what was coming—particularly in Because the headache was particu- their lifetimes don’t get significantly health care—he got rid of all of his larly severe, I decided: Well, I assume sick, so there is the opportunity here jobs, and it is just him now. the family physician will probably just again for young people to begin to set If you ask the question—and ana- send me on to a specialist. aside money in this tax-deferred ac- lytics are showing this—as to why So I called the ear, nose, and throat count that actually helps them pay for small businesses are not taking proper specialist directly and went and got an when ordinary medical expenses arise. risk going out into the marketplace to appointment. She did an x ray and Then again, if something really goes create new products and hire people, said: I can’t really tell from the x ray, wrong, you have catastrophic insur- there are two simple—this is a bit sim- so I am going to have to do a CAT scan. ance. plistic—but two answers are what come I said: Doctor, is that really nec- Over time, these accounts would be- forward. The first is health care, and essary? You know, I understand the come larger and larger and help supple- the second is regulation. problem of liability and the need to ment retirement, help supplement the You see, in the name of trying to cre- push the boundaries on testing. Is it Medicare system, strengthening those ate an orderly and just and fair econ- really necessary? important retirement security pro- omy when Washington overreaches and She asked me directly, almost kind grams. creates an environment that is setting of indignant, she said: Why are you up the guardrails for proper economic talking to me about this? I said: Be- b 1815 function, if it is too heavyhanded and cause I am paying for this. My deduct- I think this is a key to reworking our it is penalizing those who don’t have an ible is very, very high. I am actually current health care model, not for ev- army of lawyers and accountants and paying the cost of this test. I just want eryone, but an expansion of this oppor- regulatory personnel, that means that to know if this is absolutely necessary. tunity, I think, is the right architec- the playing field suddenly shifts to- Help me to make that decision. ture in moving forward for the next ward much bigger entities that, in She said: Oh, yes, of course, it is nec- generation, particularly, so that we many ways, can become impersonal. essary. But now that you said that, I guarantee access to affordable, quality The more Washington imposes regu- am just looking at your sinuses, so why health care. latory burdens that are affecting the don’t we call places in town that have I think we carry forward some impor- outlook and expectation of small busi- the machine and see if they will widen tant provisions in that no one with a ness people, the more they are hesi- the cross section and give you a dis- preexisting condition can be denied. I tating to hire. count? I said: Great. think the provision whereby children The second factor is health care. In 3 minutes, she had her assistant can stay on their parents’ health care Now, I think we have to have this hard call. We found a place in town that was longer, now until age 26—I actually conversation. We have a broken health about $75 cheaper than normal. The supported that before the new health care law. The Affordable Care Act, as it doctor got the test that she needed. care law—is smart policy. We remove is called, could be called now the Perhaps most importantly, in the ag- caps on insurance, but that doesn’t ‘‘Unaffordable Care Act.’’ save any money. It just penalizes those The law was designed to fix some real gregate, the resource was more prop- who get really sick. We carry those cracks in our system that were very erly allocated, all because I had the in- evident. People with preexisting condi- centive to ask a simple question be- provisions forward, again, to protect tions or people being priced out of the cause I was actually paying for the persons in a vulnerable circumstance, market were having a very difficult test. but we give everyone the access to af- time finding health insurance, and that Now, we have a policy that encour- fordable, quality health insurance. needs to be addressed, and it needs to ages health savings accounts. Some There is a lot of detail that would go be addressed through Washington pol- Americans have them; some Americans into how you would make that hap- icy. don’t. They are not appropriate for pen—whether or not you would spread But we need a health care system every American, particularly Ameri- that cost over the entire market that is focused on decreasing cost and cans who are getting older and at the through regulation or whether you improving health care outcomes while ending point of their professional ca- would subsidize it like the government also helping vulnerable persons. What reers, because health savings accounts does in other insurance markets, like we have gotten now is higher esca- coupled with catastrophic insurance flood insurance and crop insurance. lating cost, fewer choices, and a damp- are a very, very proper way, I think, to Nonetheless, I think that is the right ening effect on the entrepreneurial manage health care when you are framework and architecture for a ro- small business economy—again, where younger and in middle life. We ought to bust, competitive health insurance most jobs come from. It is not me say- be expanding this. marketplace that is going to improve ing this. This is what the statistics are The second point is: How do we get health outcomes, reduce costs, and pro- bearing out and the research is bearing there? Guaranteed access to affordable, tect vulnerable persons. out; and it is a hard, hard reality. quality catastrophic health insurance What will we get if we do this? What Instead of just saying ‘‘no’’ to the Af- with health savings accounts. will we get if we are courageous enough fordable Care Act, those of us who have What you get for that is you are pro- as a body to step forward and say, ‘‘Do said ‘‘no’’ many times also have a re- tected. If something really goes wrong, you know what? We can do better. sponsibility to find a responsible re- if you are in the hospital in the emer- Americans deserve better than the cur- placement in public policy for us— gency, you shouldn’t be put in the posi- rent arrangement’’? again, one that is going to increase tion of asking: Who is the chief anes- We will get peace of mind for our- competition, improve health care out- thesiologist around here? I need to selves and for our doctors. I think this comes, give additional choice, while compare prices. would go a long way toward helping re- also decreasing cost, and protecting No, in those scenarios, you are pro- solve the underlying problem here of vulnerable persons. tected. But in ordinary health care de- stagnation in the economy, particu- Mr. Speaker, I think Americans de- cisions, in partnership with your doc- larly among those who want to be en- serve the best possible health care out- tor—health care provider—making pru- trepreneurs—small business persons

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.068 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H802 CONGRESSIONAL RECORD — HOUSE February 4, 2015 who are creating jobs, those who have with the affidavit that they swear to— British subjects back in England. So a gift or an idea and who want to take ‘‘the affidavit states we believe—I be- what would occur is this: a little risk but who now aren’t em- lieve—that there are,’’ let’s say, Those colonists, it has been said, powered to do so because of the envi- ‘‘drugs—cocaine specifically—in Bobby were hiding rum, rum that had been ronment that has been created that has Oglethorpe’s home.’’ Bobby Oglethorpe brought into the United States—the dampened their ability to seize this op- is a notorious Texas outlaw, so I am Colonies—and other things, and they portunity. This would be the key to going to use him as the one. It de- had not paid the tax on the rum. So the unlocking a healthy economy, one that scribes what they are looking for. They British would go to a magistrate and is focused on opportunity for all. say where it is, and they give the ad- say: ‘‘Give us a general warrant to go Mr. Speaker, I yield back the balance dress of where Bobby Oglethorpe lives search,’’ let’s say, ‘‘Bobby Oglethorpe’s of my time. in Houston. Then I read it to see if it great, great, great-grandfather. We will f states probable cause. search his warehouse to find any items What does that mean? There are a lot that may not have been stamped with THE STALKING GOVERNMENT of definitions to it, but, basically, the the appropriate tax.’’ The SPEAKER pro tempore. Under statement proves, with the affidavit of The colonists didn’t like that. That the Speaker’s announced policy of Jan- the peace officer, that there is probable is a general warrant. You have got a uary 6, 2015, the Chair recognizes the cause to believe that that item is piece of paper from a magistrate, say- gentleman from Texas (Mr. POE) for 30 where the police officer says it is, and ing, ‘‘Ah, go over there, and look minutes. is drugs, so that would be illegal. around. See if you can find something Mr. POE of Texas. Mr. Speaker, just The judge signs the warrant. What that is illegally in the possession of a few weeks ago, this Chamber was that does is it orders the police officer colonists without the Stamp Act on filled with Members of the House of to go to that specific location in a cer- there.’’ These were called ‘‘writs of as- Representatives, and all of us stood up tain timeframe. You can’t do it, like, sistance.’’ They were called ‘‘general and raised our right hands, and we took forever. You don’t have 6 months to go warrants.’’ They are pretty much the an oath to support and defend the Con- look for it. It is usually 3 days. You go same thing. I won’t go into the dif- stitution of the United States. It is the over there, and you search that ad- ference of those two individuals. same oath the President takes and that dress, looking for that specific stuff— With the colonists being the type of others take—the military. We do that cocaine, drugs—that is in the posses- folks they were in Massachusetts, they for a lot of reasons, but the main rea- sion of Bobby Oglethorpe. Then the po- took them to court. They took the son is that, in this country, the Con- lice officer normally would leave a doc- British Crown to court. Their lawyer stitution is paramount to all other law. ument with the person at the house as was James Otis, and he protested in a I agree with that philosophy. The Con- to what they seized. courtroom, saying, ‘‘Your warrant is stitution, I think, is a marvelously The officer comes back to the judge not specific enough. It is too general.’’ written document, as well as the Dec- and says: ‘‘Judge, I executed the war- The British judge, magistrate, ruled laration of Independence, which justi- rant you gave me to Bobby against the colonists, and there were fied the reason for us to start our own Oglethorpe’s house, and I brought you several businessmen who were being country. back the return on the warrant—what I sued in this case. Attached to the Constitution is what seized—because I was ordered to go get Now, that may not seem like a big is commonly referred to as the Bill of it.’’ Then he files the return in the deal, but John Adams, who later be- Rights—rights to the people and prohi- court with the clerk, and that varies came President of the United States, bitions against government intruding from State to State. observed all of this, and he said that on those rights. They call it the ‘‘Bill Basically, the concept is, before gov- act was the spark which originated the of Rights.’’ There were originally 12, ernment goes into your house or other American Revolution. What is that? It and 10 of them passed. That is why we things, an independent person—a is the act of government invading the have 10 instead of 12 under the Bill of judge—has got to separate the law—the privacy of the colonists. He said that Rights. I would like to start and talk police—from the citizen and make an sparked the American Revolution, about only one of those rights. Since independent decision as to whether or what we now call the ‘‘Fourth Amend- there are only 30 minutes, I am going not what they are looking for is where ment,’’ because the colonists weren’t to talk only about one of those, and it it is, or they have not established prob- protected from unreasonable searches is the Fourth Amendment. Let’s go able cause. Now, that is a generaliza- and seizures. They weren’t protected through it together, Mr. Speaker. tion of the whole concept of a warrant. from specific warrants saying specifi- The Fourth Amendment to the U.S. Why do we even have these things? It cally what they were looking for in a Constitution: goes back to our history, our American specific place based on probable cause. ‘‘The right of the people’’—that is history. Everything seems to be based The local magistrate would just write us—‘‘to be secure in their persons, on history, and it is good that we re- out a document, saying, ‘‘Go over there houses, papers, and effects against un- flect on it. and look at this warehouse, and see if reasonable searches and seizures shall Back in 1761, America was not a you find any,’’ in this case, ‘‘rum that not be violated’’—that sounds pretty country, it was a colony, made up of 13 doesn’t have the stamp, that doesn’t absolute to me—‘‘and no warrants shall Colonies. At that particular time—this have a tax on there.’’ issue but upon probable cause, sup- is not a new thing about warrants, this Our history shows that this is an im- ported by oath or affirmation, and par- is not a new thing—British subjects portant concept. Now, what does it re- ticularly describing the place to be who lived in England, specifically, had quire? searched and the persons or things to the right to have what was called a It requires a specific warrant as op- be seized.’’ ‘‘specific warrant’’ issued against them posed to a general warrant. It requires Now, you don’t have to be a legal before they would have to give up the that it be specific as to what you are scholar or a lawyer to understand what item, as opposed to what I will show looking for. It has got to be based upon this is talking about. It is the right of you as being a general warrant. probable cause. It just doesn’t give the privacy—that government could go Generally speaking, before a mag- police the authority to go into some- into our homes and our effects and our istrate in England would allow some one’s home and look around and see if things and our stuff. It generally can- British subject’s home to be searched, you find some contraband. You have not do that except under circumstances the peace officer would have to go to a got to have it based upon probable which require that they go get a war- magistrate and show some specificity cause, sworn to, and it is limited in rant. as to where the document or the item scope, as required under the Fourth I used to be a judge. Judge GREEN, was, with some type of probable cause, Amendment, which we will read again who was just in here a while ago, used but in coming to the Colonies, that was if we have enough time. to be a judge. What that means is the not true. English magistrates who The right of privacy was important police, generally, go to the judge and ruled over the Colonies did not give to our ancestors—it is in the Fourth say: ‘‘Judge’’—in a written document colonists the same protection as other Amendment—and it is important to

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.070 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H803 Americans today. We are a little doesn’t protect government; it protects judge and say: Judge, we know that unique on this right of privacy. It is Americans. It protects citizens. Bobby Oglethorpe lives in this ZIP really not one of the things that a lot The government seems to justify the Code here, but we don’t know where he of other countries have. Remember, it snooping, the Peeping Tom for a couple lives, and he is no good. He is a crimi- is not supposed to be violated by gov- of reasons. The White House, the ad- nal, and he is in possession of firearms ernment, our right to be secure in our ministration claims that NSA has no and drugs, and all kinds of illegal homes and in our effects. interest in monitoring American citi- things he has done, but we don’t know So here we are in 2015, and where are zens; they are just looking for bad which house he is in in this particular we? guys. Well, I have a hard time believing ZIP Code, so we want to go search all This morning, somewhere in the that. Until evidence came out to the the houses in the ZIP Code and hope- United States, somebody woke up and contrary, the NSA, it seems, was fully we will catch him. sent out some emails and made a phone snooping and spying on lots of Ameri- No judge in this country would sign a call. A person may have had a meeting, cans in the name of trying to catch the warrant and say: All right. Have at it. so he got his little iPhone out—5 or 6 bad guys. Start searching all the houses looking or whatever it is—and pulled up Google Furthermore, NSA, when they did a for this one guy with all this bad ille- maps to figure out a route to get from little investigation, they found dozens gal stuff that he is in possession of. where he was to where the meeting of instances where their own employees No judge would do that. Why? Be- was. He took his vehicle or maybe misused intelligence capabilities to spy cause it violates the Fourth Amend- jumped in a cab and checked Facebook on people—ex-girlfriends and others. ment. Why? Because it is not specific if he were in a cab, on the phone, Why? Simply because they had the enough. It is a general warrant, like texted his friend, and maybe even ability. the British were imposing on the Colo- played what is now something fun, I So we have learned for years that the nies that, as John Adams said, sparked guess, for some people—‘‘Candy NSA has quietly, in my opinion, the American Revolution. Wouldn’t do Crush’’—on the iPhone. snooped and spied on millions of Amer- that. After the meeting is over with, this icans without a warrant—and that is Or another example, it is like finding individual may head off to the office, the key—and without their knowledge a needle in a haystack. The govern- log onto the computer, do a little G- and without their consent. This is jus- ment wants to seize the whole hay- chatting with a friend about where he tified for a second reason, based upon stack. They can’t do that. They have planned to go for dinner that evening, the name of national security. It is got to find the needle. They have got to and later that evening, he uploads a said we live in terrible times. We do. be specific in their warrant. So, in my photograph from supper, as we call it We have got these terrorists running opinion, based upon the Fourth Amend- in Texas, on his Instagram. That is, all over the world, bad guys trying to ment, the activity of the NSA, by seiz- maybe, a typical day for a lot of peo- hurt us, so we at the NSA need to get ing lots of data, violates the Fourth ple. this information to protect Americans Amendment of the Constitution. But, all during that route of the from these bad guys. There are other examples. American citizen’s, the Federal Gov- Well, let’s analyze that just for a mo- So we talked about NSA seizure of ernment has the ability to stalk that ment if we can. data, and to my knowledge, like I said, individual every step of the way be- We have heard reports that, well, we they still store all this information. cause of the devices that he is using have caught a lot of bad guys because May I inquire of the Speaker how electronically. Maybe, until last year— of this information that NSA has much time I have left? until some news came out by the na- seized, this megadata. So during a The SPEAKER pro tempore. The gen- tional media—most Americans were Committee on the Judiciary hearing tleman has 12 minutes remaining. unaware that their every move could last year, I asked Deputy Attorney Mr. POE of Texas. Thank you. I ap- be tracked by Big Brother. Through General James Cole this question: How preciate it. the NSA, which I call the ‘‘National many criminal cases have been filed NSA. Let’s move on to what is called Spy Agency’’ now, the government has based upon this massive seizure of in- ECPA. We will talk about the IRS a lit- the ability to read citizens’ emails, to formation by NSA, collecting informa- tle bit. read their texts, to know their phone tion on Americans without the use of a This spring, most Americans are logs, to track the location and travel warrant and storing it? And to my going to be filing taxes, their tax re- and movements of citizens, to snoop knowledge it still exists. How many turns, and many Americans, including and collect information about individ- criminal cases? me, are concerned about the IRS’ abil- uals through smartphones, apps, to He testified: Maybe one. Maybe one. ity to take information from Ameri- read G-chats, and to look at private So this nonsense about we are doing cans without their consent or without photographs—all unknown to the cit- all of this because we have to catch the a warrant. Sometimes that includes izen. bad guys, they have got one criminal emails. So let’s talk specifically about The failure to disclose any of this in- case that they can talk about. Even if the concept of government seizure of formation until recently is why many there were more, it does not justify, in emails without consent of the person Americans now fear government intru- my opinion, the massive seizure of data who sent it or received it and without sion—I call it government stalking— without constitutional safeguards. a warrant. into our lives. The stalking govern- Let’s read it one more time. ‘‘The Current Federal law is that, if some- ment has kept its Peeping Tom activi- right of the people to be secure in their body has an email within 6 months of ties a big secret until, primarily, Ed- persons, houses, papers, and effects when that email was sent, that email, ward Snowden told us all about it. against unreasonable searches and sei- to be obtained by government—not just zures, shall not be violated, and no law enforcement, but any government b 1830 warrants shall issue’’—in this case no agency—they have to get a warrant to His issue is a different issue, but now warrants at all are issuing—‘‘but upon seize that. But as soon as that 160 days we know about it. probable cause supported by oath or af- runs, past 160 days, the government So how did we get here? Over the firmation, and particularly describing doesn’t get a warrant because the law years, technology has rapidly changed the place to be searched, and the per- doesn’t require it. I think in the spirit and given power-hungry—my opinion— sons or things to be seized.’’ of the Fourth Amendment, the Fourth bureaucrats the capability to sift That is not what is occurring. It is Amendment should require that. through data and find out more infor- just massive amounts of information Email, what is email? That is an mation than ever. Just because they are being seized. electronic message sent to another per- have the physical ability doesn’t mean Let me try to describe it this way. son. that they have the constitutional right Let’s go back to Bobby Oglethorpe. Let’s go back to regular mail or snail or any right to violate the Fourth Let’s say that Bobby Oglethorpe lives mail, which some people call it. If I Amendment because this protects close to where I do in Atascocita, write a letter and I seal the envelope Americans. The Fourth Amendment Texas, and the police come to me as a and I put the postage on there and I

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.071 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H804 CONGRESSIONAL RECORD — HOUSE February 4, 2015 send it, go put it in the mailbox, one of chases, disasters, fires, et cetera—but other countries do. That is what coun- those blue mailboxes, and I drop that we need some guidelines on the issue of tries like the Soviet Union used to do. in the mailbox, the government does drones. That is not what America should be not have the authority to go in that Congress has the responsibility to doing, and Congress needs to weigh in mailbox and take the letter out, read protect the Fourth Amendment of the on this to protect individuals’ right of the letter, seize the letter without a surveillance of Americans by either privacy under the Fourth Amendment, warrant. law enforcement or by private citizens which was the spark, according to John So it flows through the United States and develop a standard for both law en- Adams, to the American Revolution, postal system from wherever to wher- forcement and for private citizens to that concept of the Fourth Amendment ever, and it lands in somebody else’s know what the standard is. Yes, there being violated. mailbox. That mail, generally speak- are reasons why we should use them, And that is just the way it is. ing, is protected under the Fourth and the law should allow those, but I yield back the balance of my time. Amendment, because it violates the Congress needs to make the decision, f Fourth Amendment if government not the FAA. seizes it and goes into the contents I have a local sheriff, or the sheriff in BLACK HISTORY MONTH without a warrant. Texas where I am from. He generally The SPEAKER pro tempore. Under The same should apply to emails. It says he doesn’t want to use drones be- the Speaker’s announced policy of Jan- is communication. It is just done elec- cause he doesn’t know what the courts uary 6, 2015, the Chair recognizes the tronically. But the law does not are going to decide down the road as to gentlewoman from Texas (Ms. JACKSON allow—let me say it another way. If whether or not that use of a drone was LEE) for 30 minutes. emails are over 6 months old, Ameri- a lawful or unlawful violation of the Ms. JACKSON LEE. I thank the gen- cans should be aware of the fact that Fourth Amendment. So rather than tleman very much for the yielded time, government may seize those emails wait for the courts to decide if this spe- and I thank the floor staff and the rep- from a private company without your cific use is or is not a violation of the resentatives of the Democratic cloak- knowledge, without your consent, and Fourth Amendment, Congress needs to room, Republican cloakroom for their without a warrant. come up with guidelines about the de- courtesies. That is why I have introduced, along sign and the protection of the Fourth I want to join my good friend who with Representative ZOE LOFGREN from Amendment that drones can only be was on the floor earlier this evening. I California, that the law should be that used in certain circumstances; other- was detained in a diplomatic meeting. I emails are protected, that it is a right wise, they are not allowed to be used could not join my good friend, Con- of privacy and it is an expectation of because they violate the Fourth gressman AL GREEN, as he began to privacy for Americans that emails be Amendment of the United States. commemorate and salute Black His- protected and that government should So those are three issues that have tory Month. be getting a warrant before they seize the right of privacy that are being, I b 1845 those documents, because it is a viola- think, chilled today because there is tion at least in the spirit of the Fourth more and more government intrusion This is story of a proud people, of Amendment. I hope that that legisla- into all of those areas: into the massive Americans who participated in every tion does finally come to the floor and data of phone information, information historic event since the founding of we get a vote on protecting the Fourth that is put on your iPhone, for exam- this country and whose ancestors Amendment, the right of privacy for ple, that is being seized, can be seized proudly wore the uniform on many oc- Americans when it comes to emails. without knowledge, without warrant; casions, including the uniform in the The same applies not only just to the massive amount of emails that can Civil War and wars beyond. emails, but under the circumstances, it be seized—we really don’t know how Tonight, I come to salute both na- would apply to geolocation devices much is being seized because over 6 tional heroes and local heroes from that the government knows where you months your personal email is not pro- Houston, Texas, and—in particular— are. I think the government, to keep up tected by law; government agencies, the 18th Congressional District. with you, needs a warrant to stalk you not just law enforcement, can seize This, in fact, is the 39th commemora- throughout the United States. that—and then the skies will have tion of Black History Month, and we The third thing I wanted to mention 30,000 of those drones. celebrate the contributions of African in the remaining time is a completely There needs to be some regulations Americans who have contributed to the different issue, but it has to do with within protection of the Fourth history and the greatness of our Na- drones, the right of privacy. We are in Amendment, and we need to work with tion. the drone age. It is estimated that by industry and government to outline We pay tribute to trailblazers, pio- 2030 we will have 30,000 drones over the what those rules ought to be to protect neers, and leaders, like many of us skies of the United States, 30,000 of the Fourth Amendment, protect the know, such as Reverend Dr. Martin Lu- them. right of privacy of individuals to be se- ther King, Jr.; Supreme Court Justice Drones are a marvelous invention. cure in their homes, in their papers, Thurgood Marshall; United States Sen- They are highly technical. They can be and their effects from government ator Blanche Kelso Bruce; a U.S. Con- very small. You can get one at a local intervention and government intru- gresswoman from my congressional store that you can put in the palm of sion. Congress should set the standard district, the Honorable Barbara Jor- your hand. No question about it, there for what a reasonable expectation of dan, who most recently sat amongst are good uses for drones. Right now the privacy is, especially in those areas us, retiring from the United States law is that the FAA regulates the use that I mentioned and the one regarding Congress in 1978–79; U.S. Congressman of drones throughout the United drones as well. Mickey Leland, who lost his life trying States. It may permit some; it may not So I hope that we see some move- to provide food to hungry people in permit, may refuse to permit them. It ment in this legislation. Once again, Ethiopia; astronauts like Dr. Guion is a bureaucratic decision by the FAA. ZOE LOFGREN and I have introduced Stewart Bluford, Jr., and Mae C. Congress needs to weigh in on the legislation, as well as others, to pro- Jemison; Frederick Douglass; Booker issue of drones and set down constitu- tect the right of individuals to be free T. Washington; James Baldwin; Harriet tional guidelines. People need to know from searches of their emails after 6 Tubman; Rosa Parks; Maya Angelou, the rules. Law enforcement needs to months without a search warrant. We who taught me at Yale University; know the rules, and private citizens have that legislation pending as well. Toni Morrison, a premier writer; along need to know the rules about their use Hopefully, we can rein in what I call with another outstanding writer as of drones. And basically, the Fourth the stalking government about stalk- well, Gwendolyn Brooks—just to name Amendment ought to apply to the use ing American citizens. a few of the countless well-known and of a drone except with the exigent cir- America is not about keeping up and unsung heroes whose contributions cumstances that already apply to the following every citizen in the United have helped our Nation become a more Fourth Amendment—high-speed States by government. That is what perfect union.

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.073 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H805 The history of the United States has I was honored to be able to be at that diers were capable of operating expen- been marked by the great contribu- ceremony sponsored by the U.S. Army sive and complex aircraft ended as an tions of African American activists, commemorating the 50th anniversary unqualified success, based on the expe- leaders, writers, and artists. As a Mem- of the 1964 Civil Rights Act. rience of the Tuskegee Airmen, whose ber of Congress, I stand on those shoul- Everything that we have gained has record included 261 enemy aircraft de- ders. been because our soldiers, regardless of stroyed, 148 aircraft of the enemy dam- Their struggles and triumphs made it their race, religion, or background, aged, 15,553 combat sorties, and 1,578 possible for me to stand here today and were able to put on the uniform. I am missions over Italy and north Africa. continue to fight for their values and very grateful to say that so many of They also destroyed or damaged over really the values embedded in what those who put on the uniform, even 950 units of ground transportation and America is all about: the values of when they were treated in an unfair escorted more than 200 bombing mis- equality and justice, progress for all, manner in this country, proudly put on sions. They proved that ‘‘the antidote regardless of race, religion, gender, or that uniform and fought for the Na- to racism is excellence in perform- sexual orientation. tion. ance,’’ as retired Lieutenant Colonel Mr. Speaker, I have two very special I am reminded of all of them, Mr. Herbert Carter once remarked. giants. They are my mother and father. Speaker, because they live amongst us I take joy in this presentation and Mrs. Ivalita ‘‘Ivy’’ Jackson, a voca- in our communities, and as we have sharing this with my colleagues. It is tional nurse, and Mr. Ezra C. Jackson, seen in the honoring of the Devils yes- Black History Month, but sometimes, one of the first African Americans who terday, we see that they are so proud we need to remember to say thank you was welcomed for a short period of to wear their uniform. They have to all Americans who have gone on be- time into the growing comic book pub- fought so hard. fore us. This month, we happen to be lishing business during World War II. Let me salute all of our veterans and focusing on African Americans. That was the entertainment. Many soldiers, and let me be reminded of Who can forget United States Con- Americans found stories of joy, drama, those from the African American com- gresswoman Shirley Chisholm and the various superheroes, monsters, and a munity who went to serve, even as the strong voice that she was for the vul- number of other things in the comic laws of this Nation did not treat them nerable? A lady from Brooklyn, her book business. fairly. first appointment in this Congress was In New York City, a young man by I am well aware of the Tuskegee Air- to the Agriculture Committee. No, she the name of Ezra Jackson was given men because my father-in-law was a didn’t run away from it. She ran to- the door as the youngest son of my Tuskegee Airman, along with his wife, ward it. Her famous statement is: ‘‘A grandmother, Olive Jackson, who had who was one of the supporters. Phillip tree grows in Brooklyn.’’ She ran for sent three sons off to World War II. My Ferguson Lee and Ethiopia Lee, now 94 President. She made history there. uncles each fought. The youngest son years old, received a Congressional There are others like Harriet Tub- was to stay with his widow mother. In Gold Medal. man—we call her General Moses—who doing so, he found in himself a talent. Of course, we know the story of the led slaves to freedom up and down the Even today, I am very proud to say Tuskegee Airmen achieving one of the east coast. She had a sharp tongue and that his works have been shown in the lowest loss records of all the escort told anybody that was lagging behind: Smithsonian. He is just an individual, fighter groups and being in constant You aren’t going to stay behind be- one might say average man—an Afri- demand for their services by the Allied cause, if you did and got caught, all my can American man—who suffered the bomber units, a record unmatched by others who are trying to escape would indignities of discrimination and later any other fighter group. be captured. found no place in that industry as he You know something, Mr. Speaker? Certainly, Rosa Parks, who was a was being replaced by White citizens. These brave men and women, no mat- proud American, had the great for- I know that their strength—a mother ter—as I indicated—what race, it is so titude—although a small woman who in her tenacity and longstanding work interesting. They do not tell their did tailoring work—to indicate in a at Booth Memorial Hospital—was the story often. That is why I am so glad way that subjected herself to being put foundation for myself and my brother that the United States Congress over in prison, put in jail, is that: I, too, am Michael Jackson and now with many these last years has begun to honor all an American. who have come behind. They were be- of these groups so that their story can I am so glad that Mae Jemison lives loved parents, and they taught me the be told and forever embedded in the in my community. I obviously rep- value of education, hard work, dis- history of this Nation. resent the city that loves NASA and cipline, perseverance, and caring for I want to go on to say that the im- loves human space exploration. Mae others. pressive feats of the Tuskegee Airmen Jemison, the first African American I know this is not family night, but I were outstanding and astounding. I be- woman to go into space, now has dedi- cite my husband, Dr. Elwyn Lee. He be- lieve that their efforts and much of the cated herself to exposing young people came the first tenured African Amer- success of African American soldiers in to math, science, engineering, tech- ican professor at the University of World War II caused, in 1948, to per- nology, and creating more astronauts Houston School of Law. suade President Harry Truman to issue for the restored and reinvigorated There are many today that make his famous Executive Order—which I human space exploration. That is a their pathway standing on the shoul- am so glad he issued—No. 9981, which good thing. That is a very good thing. ders of others. The most wonderful directed equality of treatment and op- I believe we can look to work to- tribute that I like is to our military portunity in all of the United States gether in the 50th year of the Voting veterans who, as I indicated when I Armed Forces and led to the end of ra- Rights Act of 1965. I am a member of started, have fought in every war since cial segregation in the United States the United States Congress and the Ju- the Revolutionary War—how amazing. military forces. diciary Committee, led by a man who These people came first in the bot- One person to tell that story in the made history himself at that time, tom of a belly of a slave boat as slaves. eloquent way that it has been told is JOHN CONYERS, who has served in many They can count their history to every General Colin Powell—or the famous capacities but has been a chair of the single war, fighting on behalf of the Davis generals, ‘‘Chappie’’ Davis was Judiciary Committee, being the first sanctity and the security of our Na- who was one and well known—but African American to ever chair that tion. Colin Powell tells that story. committee, but also a man that at I remember joining Congressman Clearly, these individuals bravely every cornerstone of justice has a JOHN LEWIS and Congressman CHARLES fought for their country, but they show fight, whether it is sentencing, whether RANGEL, a Korean war veteran, as we that they had the right stuff. They are it is prison reform, whether it is deal- were invited to pay tribute to the American history, and they certainly ing with the issues of copyright, Tuskegee Airmen and the 555th Para- are a testament to Black history. whether it is the social justice issues. chute Infantry Battalion, the famed Clearly, what began as an experiment Let me say he was the first employer ‘‘Triple Nickels.’’ to determine whether ‘‘colored’’ sol- of Rosa Parks outside of her town of

VerDate Sep 11 2014 02:47 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.074 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H806 CONGRESSIONAL RECORD — HOUSE February 4, 2015 Alabama where she made her historic wonderful men and women who are community. I can’t call all their stand in Montgomery, Alabama. She willing to stand in uniform and fight names, but I do want to acknowledge worked for Congressman JOHN CON- for us, many who have gone through Reverend F.N. Williams, Sr., one of the YERS. the ages and shed their blood. founding pastors of the Antioch Mis- I mentioned this is the 50th anniver- But the other is an active and in- sionary Baptist Church. His father was sary of the 1965 Voting Rights Act. We volved and participatory civic society, almost the founding father of Acres all know the story. I knew the story and the actions of a civic society are Homes, one of the great leaders in the beforehand. I worked for the Southern their voice and their votes. 1920s and 30s, and he has carried on his Christian Leadership Conference. Right I plead with my colleagues, let us civil rights legacy. after the death of Dr. Martin Luther make the vote and the voice real by Dr. S.J. Gilbert, Sr., who led the King, I knew the names of Hosea Wil- supporting the reauthorization of the Mount Sinai Baptist Church. liams and James Orange and Ambas- Voting Rights Act, written to respond Reverend Crawford W. Kimble, who sador Andrew Young as those who to the United States Supreme Court. was the pastor of Barbara Jordan, an worked closely with Dr. King. Cer- I may have disagreed with the Su- erudite man that wrote beautiful words tainly, Reverend Jesse Jackson had preme Court’s position on section 5, of leadership and challenge. moved up to Operation PUSH. but, Mr. Speaker, I have a basic inter- The late Reverend E. Stanley I say that to say that we know the nal mechanism that says you adhere to Branch, in essence, a Republican, who story that it was the throngs of the law. You follow the law. You follow was a leader who brought all people to- unnamed persons who pursued a simple the dictates of the courts as they reach gether. right: the right to vote. I believe their their final answer in the highest Court Reverend Dr. William A. Lawson, the heroic efforts have made it part of of the land. founder of the Wheeler Avenue Baptist America’s history. So we went to working on a structure Church, who walked with Dr. King and I always believed one vote, one per- that, in fact, was not pointed but is the go-to person on issues of, again, son is not for me. It is not for whether broad, meaning that you would not marching and fighting nonviolently for you are White or Hispanic or Asian or point out certain States, you would justice. African American. It is for America. I just say that you couldn’t violate a Reverend Johnny Robeson, who was a truly believe that they made the first person’s right to vote. great leader of the Baptist Ministers step to tell America that a vote should And the good news is, you had the Association. And I remember him dis- be unfettered for every citizen. ability to work yourself out of the cov- tinctly not indicating what politics or You should not be blocked from vot- erage of that act. That is a good party it was, but is it right, is it just? ing—and I hope, Mr. Speaker, we will thing—work yourself out. Commissioner El Franco Lee is the get to that point—not selfishly for one Then, if a State—though I don’t first African American Commissioner group versus another, but I hope we think it might happen with the diverse on the Harris County Commissioners. will get to that point for all of Amer- States that we have—wants to work its Mr. John Bland, one of the Texas ica. way in, we find a way to correct their Southern University students who I think in this month of Black his- laws that might be blocking someone’s marched to desegregate the various tory commemoration, I need to give a right to vote. I am going to have the lunch counters. challenge. That challenge needs to be confidence that we are going to take Ms. Ruby Mosley, up in age, who is a that we need to pass the Voting Rights that up and make a difference in the fighter for senior citizens and is a Act reauthorization as was crafted in lives of all Americans. mother of Acres Homes. the last Congress and supported by bi- Let me move on to say that I hope Ms. Dorothy Hubbard, the late Doro- partisan Members. my challenge will be accepted, and I thy Hubbard, who, in fact, worked in I had the privilege to be one of the hope that we will take the words of Dr. my office and instructed me about how original cosponsors. Former Congress- King. I enjoy reading his writings. He you serve and help people. man Spencer Bachus was on that bill was more than, if you will, the civil Ms. Doris Hubbard, one of the first with me. We had seen each other and rights leader. He was a man who young persons to be active in the Texas marched across the Edmund Pettus thoughtfully crafted words and mes- Democratic Party and who has been a Bridge. He was, of course, a Represent- sages to inspire and give us a road map. champion for equality and justice. ative from Alabama. There was no forc- He had these famous words, ‘‘Why We Willie Bell Boone, another one who ing, no pushing. Can’t Wait,’’ which were found in the minces no words about fighting to It was just quiet thought that this 1960s. What a provocative statement. Is make sure that everyone’s voice is was the right thing to do by a number he trying to provoke people to vio- heard. of Republican Members who supported lence? Absolutely not. Holly HogoBrooks, who, again, is a that legislation in the last Congress, He was a committed, dedicated serv- great leader as it relates to the civil including one of the esteemed former ant and disciple of Gandhi’s non- rights movement and the marching on chairmen of the Judiciary Committee, violence, and his own internal mecha- the counters. Mr. SENSENBRENNER. nism of nonviolence. It was in his DNA. Mr. Deloyd Parker founded this great He would not provoke any form of vio- organization called Shape, that has b 1900 lence. lifted the boats of inner city children, But it was all about thinking that it We should know that because, as the one by one. And out of that Shape is important not to block anyone from story looks back and things happened, Community Center have come doctors voting. I still think that that is the if you were part of the SCLC, they were and lawyers, have come scientists and right thing. I think the premise is driven, they trained all of their foot businesspersons. But they all have a right. I think it is premised on the soldiers in an absolute commitment to heart for service. Constitution. nonviolence. And if you showed any ‘‘Doll’’ Carter, Ms. Lenora Carter, There is no statement about voting sign that you could not adhere, you with her husband, was the founder of in the Constitution, but there are would not be part of their efforts. the Forward Times, I believe, the old- statements of philosophy and rights Dr. King had some famous words that est newspaper. and liberties, all driven by someone’s I like. I know and like many of his So you can see that Black history is right to vote for a government that words, but this one: ‘‘Everybody can be a storytelling history. will promote religious freedom, free- great or anybody can serve. You only And so, as I close my remarks, I have dom of access, freedom of the press, need a heart full of grace and a soul to take a moment of personal privilege freedom of speech, the right to a trial generated by love.’’ to be able to talk about something that by jury, due process. Let me also say, Mr. Speaker, it is I have enjoyed. Certainly, we know the 13th, 14th, important when you come up and talk You see, Mr. Speaker, around this and 15th Amendments were all geared about great people, that you don’t for- time of year, in Houston, we have toward the idea of freedom. And you get home. And I just want to acknowl- something called the Houston Live- can only secure freedom, one, by your edge some of the great leaders in my stock Show and Rodeo. It is eons and

VerDate Sep 11 2014 04:14 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K04FE7.075 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H807 decades of years old. It goes back to riding the cattle trails in his adoles- greatness. Let us use the richness of our traditions as cowboys and cowgirls, cence and ultimately worked for their history to cast forward a new lot and we are not going to let it go. cattlemen Winfield Scott and Gus that will change America for the best So every year—we are coming up on O’Keefe. He put his accumulated sav- as we move forward for justice, equal- it—it is probably going to go for, we ings toward the purchase of a ranch ity and freedom. say, almost two months that we are le- near Loraine, where he acquired more Mr. Speaker, this February we recognize gitimately in our cowboy, cowgirl at- than 1,200 acres—that is a big deal—and and celebrate the 39th commemoration of tire. 500 to 600 cattle. Black History Month. I was privileged to be honored by the We have been ranching for a long This month we celebrate the contributions of Houston Livestock Show and Rodeo time, and Texas has a great tradition. African Americans to the history of our great Black Heritage Committee, which I I want to talk about my friend, Mol- nation, and pay tribute to trailblazers, pio- helped found 20-some years ago because lie Stevenson, a fourth-generation neers, heroes, and leaders like Rev. Dr. Mar- I knew that the Black cowboys and owner of the Taylor-Stevenson ranch. I tin Luther King, Jr., Supreme Court Justice others wanted to be so much a part of would take my children out there. She Thurgood Marshall, U.S. Senator Blanche it. would have little horses and ponies for Kelso Bruce, U.S. Congresswoman Barbara I want to pay tribute to Verna Lee them to run and ride. She founded the Jordan, U.S. Congressman Mickey Leland, ‘‘Boots’’ Booker, who was the first cow- American Cowboy Museum to honor Astronauts Dr. Guion Stewart Bluford Jr. and girl, if you will, to be in the Houston Black, Indian, and Mexican American Mae C. Jemison, Frederick Douglass, Booker rodeo. And I received that award. What cowboys, to be able to embrace every- T. Washington, James Baldwin, Harriet Tub- a privilege to acknowledge that we are one. man, Rosa Parks, Maya Angelou, Toni Morri- everywhere. She was a competitor, and Weekend rodeos featuring Black cow- son, and Gwendolyn Brooks just to name a I believe it was in the barrel competi- boys began in the late 1940s and contin- few of the countless number of well-known tion. But what an exciting night to re- ued to be popular. The contests of the and unsung heroes whose contributions have call her history. Negro Cowboys Rodeo Association is helped our nation become a more perfect So we are going to be rodeoing over evident that we have a strong history. union. the next couple of weeks, and I want to So I think it is important tonight The history of the United States has been pay tribute to all of the trail riders, that we salute the long history that we marked by the great contributions of African and particularly, those of African have had in many different areas and American activists, leaders, writers, and art- American heritage. They have carried be able to say, as I close, again, that ists. on this tradition. there is work yet to be done in the As a member of Congress, I know that I I want to make mention, I know pouring forward of our history, wheth- stand on the shoulders of giants whose strug- there are many others, but allow me to er it is to reflect on the cowboys who, gles and triumphs made it possible for me to make mention of the Prairie View at times, were poorly fed, underpaid, stand here today and continue the fight for equality, justice, and progress for all, regard- Trail Ride Association, which makes overworked, deprived of sleep, prone to less of race, religion, gender or sexual orienta- its annual trek to the Houston Live- boredom and loneliness, but they kept on going; or it is to fix the criminal tion. stock Show and Rodeo in Hempstead. The greatest of these giants to me are Mrs. justice system of the 21st century, to They rendezvous with a dozen other Ivalita ‘‘Ivy’’ Jackson, a vocational nurse, and be able to recognize that for all the caravans at Memorial Park and they Mr. Ezra A. Jackson, one of the first African- cowboys and the historic persons whose join the rodeo. Americans to succeed in the comic book pub- names I have called, Dr. King and his Mr. Speaker, they stay out on the lishing business. trail. This is real. They don’t get into wife, who stood alongside him, Coretta They were my beloved parents and they a hotel and then get on their horses. Scott King, that we fix together the taught me the value of education, hard work, They ride that trail for 2 and 3 and 4 criminal justice system, and that we discipline, perseverance, and caring for others. weeks, and then come down to the work to find ways to work with law en- And I am continually inspired by Dr. Elwyn rodeo on the day of the big rodeo pa- forcement; but we answer the questions Lee, my husband and the first tenured African rade. of those grieving mothers, Trayvon American law professor at the University of The Prairie View Trail Ride was Martin’s mother, Eric Garner’s mother, Houston. founded in 1957 by James Francies, Jr., Sean Bell, Michael Brown, Tamir, and Mr. Speaker, I particularly wish to acknowl- Dr. Alfred N. Poindexter, and Myrtis all of them, and we find ways to ensure edge the contributions of African American Dightman. I know there are others, but the wives and family members of law veterans in defending from foreign aggressors these are those who started. enforcement, that, yes, your husband and who by their courageous examples helped Their mission was to promote agri- or wife, as a law enforcement officer, transform our nation from a segregated soci- cultural interest in young Americans will come home. ety to a nation committed to the never ending and to perpetuate those principles and Over the years, I have worked with challenge of perfecting our union. methods which have come to be re- the Federal law enforcement as a mem- Last year about this time, I was honored to garded as the ideals and traditions of ber of the House Judiciary Committee. join my colleagues, Congressman JOHN LEWIS the Western World as well as the Negro We have always found ways to make and Congressman CHARLES RANGEL, a Korean Western Heritage. their life easier in terms of the quality War veteran, in paying tribute to surviving I am glad that they wanted to perpet- of life and work and expanded cops on members of the Tuskegee Airmen and the uate this great tradition and, particu- the beat programs, and so now we can 555th Parachute Infantry, the famed ‘‘Triple larly, among African Americans. come together on training and the Nickels’’ at a moving ceremony sponsored by A good many of the first Black cow- grand jury system and prison reform, the U.S. Army commemorating the 50th Anni- boys were born into slavery but later which are not prone to any one group versary of the 1964 Civil Rights Act. found a better life on the open range. in America. It is an American issue. The success of the Tuskegee Airmen in es- I know many of us have heard of the I truly believe that the history of all corting bombers during World War II achieving Buffalo Soldiers. The Indians called Af- people, the history of Americans, no one of the lowest loss records of all the escort rican American soldiers that because of matter what their background, is one fighter groups, and being in constant demand the woolliness of their hair. They were of clinging to democracy and the prin- for their services by the allied bomber units— on horses, and they were fighting as ciples of the Bill of Rights, that we all is a record unmatched by any other fighter well for the viewpoint of that time. have a decent opportunity to be re- group. Some Black cowboys took up careers spected by our law enforcement proc- So impressive and astounding were the as rodeo performers, or were hired as esses. Whether it is our courts or feats of the Tuskegee Airmen that in 1948, it Federal peace officers in Indian terri- whether it is our process of trying helped persuade President Harry Truman to tory. cases, we all are to be respected. issue his famous Executive Order No. 9981, Our history weaves in and out, and it With that, Mr. Speaker, let me say which directed equality of treatment and op- is a colorful history, and it mentions a that I end on the very note that this is portunity in all of the United States Armed number of people. I will mention Dan- a great country, and the history of Af- Forces and led to the end of racial segrega- iel W. ‘‘80 John’’ Wallace, who started rican Americans has contributed to its tion in the U.S. military forces.

VerDate Sep 11 2014 04:14 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\K04FE7.077 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H808 CONGRESSIONAL RECORD — HOUSE February 4, 2015 It is a source of enormous and enduring It is through our work in creating possibilities founded the American Cowboy Museum to pride that my father-in-law, Phillip Ferguson for today and future generations that we best honor black, Indian, and Mexican-American Lee, was one of the Tuskegee Airmen. honor the accomplishments and legacy of our cowboys. Weekend rodeos featuring black Clearly, what began as an experiment to de- predecessors. cowboys began in the late 19405 and continue termine whether ‘‘colored’’ soldiers’ were ca- PRAIRIE VIEW TRAIL RIDE ASSOCIATION to be popular. pable of operating expensive and complex The Prairie View Trail Ride Association These contests owe their existence to the combat aircraft ended as an unqualified suc- makes an annual trek to the Houston Live- Negro Cowboys Rodeo Association, formed in cess based on the experience of the stock Show and Rodeo in Hempstead. 1947 by a group of East Texas black busi- Tuskegee Airmen, whose record included 261 They then rendezvous with a dozen other nessmen-ranchers and cowboys. aircraft destroyed, 148 aircraft damaged, caravans at Memorial Park where they will join In the early days of Texas, the work of the 15,553 combat sorties and 1,578 missions the rodeo parade in downtown Houston. cowhand was essential to the newly arrived over Italy and North Africa. The Prairie View Trail Ride Association was settlers building a life on the frontier. They also destroyed or damaged over 950 founded in 1957 by James Francies Jr., Dr. The story of the Anglo cowboys who worked units of ground transportation and escorted Alfred N. Poindexter and Myrtis Dightman Sr. the ranches of Texas is well known, but much more than 200 bombing missions. They This group’s mission statement says: ‘‘The more remains to be discovered about the Afri- proved that ‘‘the antidote to racism is excel- purpose of the Prairie View Trail is to promote can American cowhands who worked side-by- lence in performance,’’ as retired Lt. Col. Her- agricultural interest in young Americans and to side with the vaqueros and Anglo cowboys. bert Carter once remarked. perpetuate those principals and methods The cowboy learned his craft from the Mr. Speaker, Black History Month is also a which have come to be regarded as the ideals vaqueros of New Spain an Texas when it was time to remember many pioneering women and traditions of the Western World as well as the northern territory of Mexico, as well as like U.S. Congresswoman Shirley Chisholm; the Negro Western Heritage. from the stock raisers of the South. activists Harriet Tubman and Rosa Parks; as- PVTR serves as a booster for the Houston Such a life was hardly glamorous. Poorly tronaut Mae C. Jemison; authors Maya Livestock Show and Rodeo and supports Prai- fed, underpaid, overworked, deprived of by Angelou, Toni Morrison, and Gwendolyn rie View A&M University in their educational snakes or tripped by prairie dog holes. Brooks; all of whom have each in their own programs.’’ Work centered on the fall and spring round- way, whether through courageous activism, BLACK COWBOYS OF TEXAS ups, when scattered cattle were sleep, and cultural contributions, or artistic creativity, Black cowboys have been part of Texas his- prone to boredom and loneliness, cowboys forged social and political change, and forever tory since the early nineteenth century, when choked in the dust, were cold at night, and changed our great Nation for the better. they first worked on ranches throughout the suffered broken bones in falls and spills from It is also fitting, Mr. Speaker, that in addition state. horses spooked collected and driven to a to those national leaders who contributions A good many of the first black cowboys place for branding, sorting for market, cas- have made our nation better, we honor also were born into slavery but later found a better trating, and in later years, dipping in vats to those who have and are making a difference life on the open range, where they experi- prevent tick fever. in their local communities. enced less open discrimination than in the African American cowboys, however, also In my home city of Houston, there are nu- city. had to survive discrimination, bigotry, and prej- merous great men and women. They are great After the Civil War many were employed as udice. because they have heeded the counsel of Dr. horsebreakers and for other tasks, but few of The lives of these cowhands tell a story of King who said: ‘‘Everybody can be great be- them became ranch foremen or managers. skill and grit, as they did what was necessary cause anybody can serve. You only a need a Some black cowboys took up careers as to gain the trust and respect of those who heart full of grace. A soul generated by love.’’ rodeo performers or were hired as federal controlled their destiny. By that measure, I wish to pay tribute to peace officers in Indian Territory. That meant being the best at roping, bronc some of the great men and women of Hous- Others ultimately owned their own farms busting, taming mustangs, calling the brands, ton: and ranches, while a few who followed the controlling the remuda, or topping off horses. 1. Rev. F.N. Williams, Sr. lure of the Wild West became gunfighters and From scattered courthouse records, writings, 2. Rev. Dr. S.J. Gilbert, Sr. outlaws. and interviews with a few of the African Amer- 3. Rev. Crawford W. Kimble Significant numbers of African Americans ican cowhands who were part of the history of 4. Rev. Eldridge Stanley Branch went on the great cattle drives originating in Texas, Sara R. Massey and a host of writers 5. Rev. William A. Lawson the Southwest in the late 1800s. Black cow- have retrieved the stories of a more diverse 6. Rev. Johnnie Jeffery ‘‘J.J.’’ Robeson boys predominated in ranching sections of the cattle industry than has been previously re- 7. Mr. El Franco Lee Coastal Plain between the Sabine and Guada- corded. 8. Mr. John Bland lupe rivers. Twenty-five writers here recount tales of Af- 9. Ms. Ruby Moseley A number of them achieved enviable reputa- rican Americans such as Peter Martin, who 10. Ms. Dorothy Hubbard tions. Bose Ikard, a top hand and drover for hauled freight and assisted insurgents in a re- 11. Ms. Doris Hubbard rancher Charles Goodnight, also served him bellion against the Mexican government while 12. Ms. Willie Bell Boone as his chief detective and banker. building a herd of cattle that allowed him to 13. Ms. Holly HogoBrooks Daniel W. (80 John) Wallace started riding own (through a proxy) rental houses in town. 14. Mr. Deloyd Parker the cattle trails in his adolescence and ulti- Bose Ikard, a friend of Charles Goodnight, 15. Ms. Lenora ‘‘Doll’’ Carter mately worked for cattlemen Winfield Scott went on Goodnight’s first cattle drive, opening As we celebrate Black History Month, let us and Gus O’Keefe. He put his accumulated the Goodnight-Loving Trail. Johanna July, a pay tribute to those who have come before us, savings toward the purchase of a ranch near Black Seminole woman, had her own method and pay forward to future generations by ad- Loraine, where he acquired more than 1,200 of taming horses in the Rio Grande for the sol- dressing what is the number one issue for Af- acres and 500 to 600 cattle. diers at Fort Duncan. rican American families, and all American fam- He was a member of the Texas and South- These cowhands, along with others across ilies today: preserving the American promise western Cattle Raisers Association for more the state, had an important role that has been of economic opportunity for all. than thirty years. William Pickett made his too long omitted from most history books. Our immediate focus must be job creation, name as one of the most outstanding Wild Mr. Speaker, I yield back the balance and enacting legislation that will foster and lay West rodeo performers in the country and is of my time. the foundation for today’s and tomorrow’s gen- credited with originating the modern event eration of groundbreaking activists, leaders, known as bulldogging. He was inducted into f scientists, writers and artists to continue con- the National Cowboy Hall of Fame in 1971. tributing to the greatness of America. Black cowboys have continued to work in ADJOURNMENT We must work to get Americans back to the ranching industry throughout the twentieth Ms. JACKSON LEE. Mr. Speaker, I work. We must continue to preserve the Amer- century, and African Americans who inherited move that the House do now adjourn. ican Dream for all. family-owned ranches have attempted to bring The motion was agreed to; accord- Mr. Speaker, I am proud to stand here in public recognition to the contributions of their ingly (at 7 o’clock and 13 minutes celebration of the heroic and historic acts of ancestors. p.m.), under its previous order, the African Americans and their indispensable Mollie Stevenson, a fourth-generation owner House adjourned until tomorrow, contributions to this great Nation. of the Taylor-Stevenson Ranch near Houston, Thursday, February 5, 2015, at 9 a.m.

VerDate Sep 11 2014 03:34 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.031 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H809 EXECUTIVE COMMUNICATIONS, 323. A letter from the Management and ment’s final rule — Airworthiness Direc- ETC. Program Analyst, FAA, Department of tives; Airbus Airplanes [Docket No.: FAA- Transportation, transmitting the Depart- 2014-0924; Directorate Identifier 2014-NM-228- Under clause 2 of rule XIV, executive ment’s final rule — Standard Instrument Ap- AD; Amendment 39-18067; AD 2014-25-51] (RIN: communications were taken from the proach Procedures, and Takeoff Minimums 2120-AA64) received January 30, 2015, pursu- Speaker’s table and referred as follows: and Obstacle Departure Procedures; Mis- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 313. A letter from the Chairman, Occupa- cellaneous Amendments [Docket No.: 30993; on Transportation and Infrastructure. tional Safety and Health Review Commis- Amdt. No.: 3622] received January 30, 2015, 332. A letter from the Chairman and Vice sion, transmitting the Commission’s Buy pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Chairman, U.S.-China Economic and Secu- American Act Report for fiscal year 2014, mittee on Transportation and Infrastruc- rity Review Commission, transmitting noti- pursuant to 41 U.S.C. 10a(b), as amended; to ture. fication about a Commission survey regard- the Committee on Education and the Work- 324. A letter from the Management and ing cyber threats to U.S. critical infrastruc- force. Program Analyst, FAA, Department of ture; jointly to the Committees on Ways and 314. A letter from the Director, Defense Se- Transportation, transmitting the Depart- Means, Foreign Affairs, and Armed Services. curity Cooperation Agency, transmitting the ment’s final rule — Standard Instrument Ap- f Agency’s reports containing the September proach Procedures, and Takeoff Minimums 30, 2014, status of loans and guarantees issued and Obstacle Departure Procedures; Mis- PUBLIC BILLS AND RESOLUTIONS under Section 25(a)(11) of the Arms Export cellaneous Amendments [Docket No.: 30996; Control Act; to the Committee on Foreign Amdt. No.: 3624] received January 30, 2015, Under clause 2 of rule XII, public Affairs. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bills and resolutions of the following 315. A letter from the Under Secretary for mittee on Transportation and Infrastruc- titles were introduced and severally re- Industry and Security, Department of Com- ture. ferred, as follows: merce, transmitting a report entitled ‘‘Rus- 325. A letter from the Management and By Mr. YODER (for himself, Mr. POLIS, Mr. sian Sanctions: Licensing Policy for the Cri- Program Analyst, FAA, Department of ADERHOLT, Mr. ALLEN, Mr. AMASH, Mr. mea Region of Ukraine’’, pursuant to the Ex- Transportation, transmitting the Depart- AMODEI, Mr. BABIN, Mr. BARLETTA, Mr. BARR, port Administration Act, section 6(f)(2), ment’s final rule — Standard Instrument Ap- Mr. BARTON, Mr. BENISHEK, Mr. BEYER, Mr. under the authority conferred by Executive proach Procedures, and Takeoff Minimums BILIRAKIS, Mr. BISHOP of Utah, Mrs. BLACK, Order 13222, as amended and extended; to the and Obstacle Departure Procedures; Mis- Mrs. BLACKBURN, Mr. BLUM, Ms. BONAMICI, Committee on Foreign Affairs. cellaneous Amendments [Docket No.: 30995; Mr. BOUSTANY, Mr. BRADY of Texas, Mr. 316. A letter from the Assistant Legal Ad- Amdt. No.: 3623] received January 30, 2015, BROOKS of Alabama, Ms. BROWN of Florida, viser, Office of Treaty Affairs, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ms. BROWNLEY of California, Mr. BUCHANAN, State, transmitting a report concerning mittee on Transportation and Infrastruc- Mr. BUCSHON, Mr. BURGESS, Mr. BYRNE, Mr. international agreements other than trea- ture. CALVERT, Mrs. CAPPS, Mr. CAPUANO, Mr. ties, entered into by the United States, to be 326. A letter from the Management and CA´ RDENAS, Mr. CARTER of Georgia, Mr. CART- transmitted to the Congress within the Program Analyst, FAA, Department of WRIGHT, Mr. CHABOT, Mr. CHAFFETZ, Ms. sixty-day period specified in the Case-Za- Transportation, transmitting the Depart- JUDY CHU of California, Mr. CICILLINE, Ms. blocki Act, pursuant to 1 U.S.C. 112b; to the ment’s final rule — Airworthiness Direc- CLARK of Massachusetts, Ms. CLARKE of New Committee on Foreign Affairs. tives; Airbus Airplanes [Docket No.: FAA- York, Mr. CLAWSON of Florida, Mr. CLEAVER, 317. A letter from the Administrator, Agen- 2013-0692; Directorate Identifier 2012-NM-024- Mr. COHEN, Mr. COLE, Mr. COLLINS of New cy for International Development, transmit- AD; Amendment 39-18031; AD 2014-23-15] (RIN: York, Mr. CONNOLLY, Mr. CONYERS, Mr. ting the Fiscal Year 2014 Agency Financial 2120-AA64) received January 30, 2015, pursu- CRAMER, Mr. CRENSHAW, Mr. CULBERSON, Mr. Report, pursuant to the Federal Managers’ ant to 5 U.S.C. 801(a)(1)(A); to the Committee CUMMINGS, Mr. CURBELO of Florida, Mr. ROD- Financial Integrity Act (FMFIA) of 1982; to on Transportation and Infrastructure. NEY DAVIS of Illinois, Mr. DANNY K. DAVIS of the Committee on Oversight and Govern- 327. A letter from the Management and Illinois, Mr. DEFAZIO, Ms. DEGETTE, Ms. ment Reform. Program Analyst, FAA, Department of 318. A letter from the Board Chair and Transportation, transmitting the Depart- DELBENE, Mr. DENHAM, Mr. DENT, Mr. Chief Executive Officer, Farm Credit Admin- ment’s final rule — Airworthiness Direc- DESAULNIER, Mr. DESJARLAIS, Mr. DEUTCH, istration, transmitting notification that the tives; Airbus Airplanes [Docket No.: FAA- Mr. DIAZ-BALART, Mr. DOLD, Mr. MICHAEL F. Administration complied with the Govern- 2014-0587; Directorate Identifier 2013-NM-219- DOYLE of Pennsylvania, Ms. DUCKWORTH, Mr. ment in the Sunshine Act for calendar year AD; Amendment 39-18059; AD 2014-26-08] (RIN: DUFFY, Mr. DUNCAN of South Carolina, Mr. 2014, pursuant to 5 U.S.C. 552b(j); to the Com- 2120-AA64) received January 30, 2015, pursu- DUNCAN of Tennessee, Ms. EDWARDS, Mr. mittee on Oversight and Government Re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ELLISON, Mrs. ELLMERS, Mr. EMMER, Ms. form. on Transportation and Infrastructure. ESHOO, Ms. ESTY, Mr. FARENTHOLD, Mr. 319. A letter from the Congressional Rela- 328. A letter from the Management and FARR, Mr. FITZPATRICK, Mr. FLEISCHMANN, tions, Federal Mediation and Conciliation Program Analyst, FAA, Department of Mr. FLORES, Mr. FORTENBERRY, Mr. FRANKS Service, transmitting the Service’s annual Transportation, transmitting the Depart- of Arizona, Mr. FRELINGHUYSEN, Ms. FUDGE, report for Fiscal Year 2014, prepared in ac- ment’s final rule — Airworthiness Direc- Ms. GABBARD, Mr. GARAMENDI, Mr. GARRETT, cordance with Title II, Section 203 of the No- tives; The Boeing Company Airplanes [Dock- Mr. GIBBS, Mr. GIBSON, Mr. GOSAR, Mr. tification and Federal Employee Anti- et No.: FAA-2014-0580; Directorate Identifier GOWDY, Mr. GRAVES of Georgia, Mr. GRI- discrimination and Retaliation Act of 2002 2014-NM-081-AD; Amendment 39-18062; AD JALVA, Mr. GROTHMAN, Mr. GUINTA, Mr. (No FEAR Act), Pub. L. 107-174; to the Com- 2015-01-01] (RIN: 2120-AA64) received January GUTHRIE, Mr. HANNA, Mr. HARRIS, Mrs. mittee on Oversight and Government Re- 30, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to HARTZLER, Mr. HASTINGS, Ms. HERRERA form. the Committee on Transportation and Infra- BEUTLER, Mr. HILL, Mr. HIMES, Mr. HONDA, 320. A letter from the Secretary of the structure. Mr. HUDSON, Mr. HUELSKAMP, Mr. HUIZENGA Board of Governors, U.S. Postal Service, 329. A letter from the Management and of Michigan, Mr. HULTGREN, Mr. HUNTER, Mr. transmitting the Service’s 2014 report to Program Analyst, FAA, Department of HURD of Texas, Mr. ISRAEL, Ms. JACKSON LEE, Congress, as required by Section 3686(c) of Transportation, transmitting the Depart- Ms. JENKINS of Kansas, Mr. JOHNSON of Geor- the Postal Accountability and Enhancement ment’s final rule — Airworthiness Direc- gia, Mr. JOLLY, Mr. JONES, Mr. JORDAN, Mr. Act of 2006; to the Committee on Oversight tives; Mitsubishi Heavy Industries, Ltd. Air- JOYCE, Ms. KAPTUR, Mr. KILMER, Mr. and Government Reform. planes [Docket No.: FAA-2014-0108; Direc- KINZINGER of Illinois, Ms. KUSTER, Mr. LAB- 321. A letter from the Assistant Secretary, torate Identifier 2013-CE-052-AD; Amendment RADOR, Mr. LAMALFA, Mr. LANCE, Mr. LATTA, Indian Affairs, Department of the Interior, 39-18063; AD 2015-01-02] (RIN: 2120-AA64) re- Ms. LEE, Mr. LEVIN, Mr. LEWIS, Mr. LIPINSKI, transmitting the Fiscal Year 2013 Report to ceived January 30, 2015, pursuant to 5 U.S.C. Mr. LOBIONDO, Mr. LONG, Mr. LOUDERMILK, Congress on the Funding Requirements for 801(a)(1)(A); to the Committee on Transpor- Mrs. LOVE, Mr. LOWENTHAL, Mr. LUETKE- Contract Support Costs, pursuant to 25 tation and Infrastructure. MEYER, Mr. BEN RAY LUJA´ N of New Mexico, U.S.C. 450j-1(c); to the Committee on Natural 330. A letter from the Management and Ms. MICHELLE LUJAN GRISHAM of New Mex- Resources. Program Analyst, FAA, Department of ico, Mrs. LUMMIS, Mr. MARCHANT, Mr. 322. A letter from the Management and Transportation, transmitting the Depart- MARINO, Mr. MASSIE, Mr. MCCLINTOCK, Ms. Program Analyst, FAA, Department of ment’s final rule — Airworthiness Direc- MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Transportation, transmitting the Depart- tives; Airbus Airplanes [Docket No.: FAA- Mr. MCHENRY, Mr. MCKINLEY, Mr. MEADOWS, ment’s final rule — Safety Management Sys- 2014-0927; Directorate Identifier 2014-NM-230- Mr. MEEHAN, Mr. MEEKS, Mr. MESSER, Mr. tems for Domestic, Flag, and Supplemental AD; Amendment 39-18068; AD 2014-26-53] (RIN: MOOLENAAR, Mr. MULLIN, Mr. MULVANEY, Mr. Operations Certificate Holders [Docket No.: 2120-AA64) received January 30, 2015, pursu- NADLER, Mr. NEWHOUSE, Mrs. NOEM, Mr. FAA-2009-0671; Amendment Nos.: 5-1 and 119- ant to 5 U.S.C. 801(a)(1)(A); to the Committee NOLAN, Ms. NORTON, Mr. NUGENT, Mr. NUNES, 17] (RIN: 2120-AJ86) received January 30, 2015, on Transportation and Infrastructure. Mr. OLSON, Mr. O’ROURKE, Mr. PALAZZO, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 331. A letter from the Management and PAULSEN, Mr. PEARCE, Mr. POCAN, Mr. POE of mittee on Transportation and Infrastruc- Program Analyst, FAA, Department of Texas, Mr. POLIQUIN, Mr. POMPEO, Mr. POSEY, ture. Transportation, transmitting the Depart- Mr. QUIGLEY, Mr. RANGEL, Mr. REED, Mr.

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RIBBLE, Mr. RICE of South Carolina, Mrs. VALADAO, Mr. WESTMORELAND, Mr. By Ms. JACKSON LEE (for herself, Mr. ROBY, Mr. ROE of Tennessee, Mr. ROKITA, Mr. JOLLY, Mr. COOPER, Mr. MEADOWS, THOMPSON of Mississippi, and Mrs. ROONEY of Florida, Mr. ROUZER, Mr. RUIZ, Mr. DENT, Mr. POE of Texas, Mr. MILLER of Michigan): Mr. RUSH, Mr. RYAN of Ohio, Mr. SABLAN, AMODEI, Mr. SENSENBRENNER, Mr. H.R. 710. A bill to require the Secretary of Mr. SALMON, Mr. SANFORD, Mr. SCALISE, Mr. RICE of South Carolina, Mr. BISHOP of Homeland Security to prepare a comprehen- SCHOCK, Mr. SCHRADER, Mr. SCHWEIKERT, Mr. Utah, Mr. COLE, Mr. FLEISCHMANN, sive security assessment of the transpor- AUSTIN SCOTT of Georgia, Mr. SCOTT of Vir- Mr. CRAWFORD, Mr. DEFAZIO, Mr. tation security card program, and for other ginia, Mr. SENSENBRENNER, Mr. SERRANO, Mr. ROTHFUS, Mr. HILL, Mr. BILIRAKIS, purposes; to the Committee on Homeland Se- SESSIONS, Mr. SHUSTER, Mr. SIMPSON, Ms. Mr. PEARCE, Mr. WOODALL, Mr. HURT curity. SLAUGHTER, Mr. SMITH of Missouri, Mr. of Virginia, Mr. CHAFFETZ, Mr. ROO- By Mr. BRADY of Texas (for himself SMITH of Texas, Ms. SPEIER, Mr. STIVERS, Mr. NEY of Florida, Mr. SESSIONS, Mr. and Mr. NEAL): STUTZMAN, Mr. SWALWELL of California, Mr. PITTENGER, Mr. FARENTHOLD, Mr. H.R. 711. A bill to amend title II of the So- TAKANO, Mr. THOMPSON of Pennsylvania, Mr. WESTERMAN, Mr. BROOKS of Alabama, cial Security Act to repeal the windfall TIBERI, Mr. TIPTON, Mr. TONKO, Ms. TSONGAS, Mr. COLLINS of Georgia, Mr. HANNA, elimination provision and protect the retire- Mr. TURNER, Mr. VALADAO, Mrs. WAGNER, Mr. and Mr. FRANKS of Arizona): ment of public servants; to the Committee WALKER, Mr. WEBER of Texas, Mr. WEBSTER H.R. 704. A bill to amend the Clean Air Act on Ways and Means. of Florida, Mr. WELCH, Mr. WENSTRUP, Mr. to eliminate certain requirements under the By Mr. COLLINS of Georgia (for him- WESTERMAN, Mr. WHITFIELD, Mr. WILLIAMS, renewable fuel program, to prohibit the Ad- self, Mr. YOHO, Mr. LATTA, Mr. Mr. WILSON of South Carolina, Mr. WOMACK, ministrator of the Environmental Protection FARENTHOLD, Mrs. ELLMERS, Mr. Mr. YARMUTH, Mr. YOHO, Mr. YOUNG of Indi- Agency from approving the introduction into MARINO, Mr. GOODLATTE, Mr. SMITH ana, Mr. YOUNG of Iowa, Ms. GRANGER, Mr. commerce of gasoline that contains greater of Texas, Mr. CHABOT, and Mr. MCNERNEY, Mr. RICHMOND, Miss RICE of New than 10-volume-percent ethanol, and for TROTT): York, Mr. SHERMAN, and Ms. PINGREE): other purposes; to the Committee on Energy H.R. 712. A bill to impose certain limita- H.R. 699. A bill to amend title 18, United and Commerce. tions on consent decrees and settlement States Code, to update the privacy protec- By Mr. SEAN PATRICK MALONEY of agreements by agencies that require the tions for electronic communications infor- New York: agencies to take regulatory action in accord- mation that is stored by third-party service H.R. 705. A bill to amend the authorization ance with the terms thereof, and for other providers in order to protect consumer pri- in title 49, United States Code, for capital purposes; to the Committee on the Judici- vacy interests while meeting law enforce- grants for rail line relocation projects; to the ary. ment needs, and for other purposes; to the Committee on Transportation and Infra- By Mr. BUCSHON: Committee on the Judiciary. structure. H.R. 713. A bill to amend the Internal Rev- By Mr. GENE GREEN of Texas (for By Mr. SCOTT of Virginia (for himself enue Code of 1986 to disallow the refundable himself and Mr. BARTON): and Mr. MASSIE): portion of the child credit to taxpayers using H.R. 700. A bill to amend titles XIX and H.R. 706. A bill to amend title 18, United individual taxpayer identification numbers XXI of the Social Security Act to provide for States Code, to prevent unjust and irrational issued by the Internal Revenue Service; to 12-month continuous enrollment of individ- criminal punishments; to the Committee on the Committee on Ways and Means. uals under the Medicaid program and Chil- the Judiciary. By Mr. CAPUANO (for himself, Mr. dren’s Health Insurance Program, and for By Mr. CHAFFETZ (for himself, Ms. JONES, and Mr. PETERS): other purposes; to the Committee on Energy GABBARD, Mr. SMITH of Texas, Mr. H.R. 714. A bill to amend the Federal Elec- and Commerce. FRANKS of Arizona, Mr. KING of Iowa, tion Campaign Act of 1971 to prohibit the By Mr. WALBERG (for himself and Mr. Mr. DENT, Mr. HOLDING, and Mr. conversion of leadership PAC funds to per- KILDEE): FORBES): sonal use; to the Committee on House Ad- H.R. 701. A bill to amend the Internal Rev- H.R. 707. A bill to restore long-standing ministration. enue Code of 1986 to expand access to Cover- United States policy that the Wire Act pro- By Mr. CAPUANO: dell education savings accounts; to the Com- hibits all forms of Internet gambling, and for H.R. 715. A bill to amend title 5, United mittee on Ways and Means. other purposes; to the Committee on the Ju- States Code, to give members of the United By Mr. BARTON (for himself, Mr. CON- diciary. States Capitol Police the option to delay AWAY, Mr. WILSON of South Carolina, By Mrs. BLACKBURN (for herself, Mr. mandatory retirement until age 60; to the Mr. CHABOT, Mr. BRIDENSTINE, Mr. COHEN, Mr. COOPER, and Mr. Committee on House Administration, and in FRANKS of Arizona, Mrs. BLACKBURN, DESJARLAIS): addition to the Committee on Oversight and Mr. SALMON, Mr. PITTENGER, Mr. H.R. 708. A bill to prohibit, as an unfair Government Reform, for a period to be sub- FLORES, Mr. NEUGEBAUER, Mr. CAR- and deceptive act or practice in commerce, sequently determined by the Speaker, in TER of Texas, Mr. CRAMER, and Mr. the sale or use of certain software to cir- each case for consideration of such provi- PEARCE): cumvent control measures used by Internet sions as fall within the jurisdiction of the H.R. 702. A bill to adapt to changing crude ticket sellers to ensure equitable consumer committee concerned. oil market conditions; to the Committee on access to tickets for any given event, and to By Ms. DELAURO (for herself, Mr. Energy and Commerce, and in addition to provide for criminal penalties for such acts; ISRAEL, Mr. FITZPATRICK, Mr. BLU- the Committee on Foreign Affairs, for a pe- to the Committee on the Judiciary, and in MENAUER, Ms. BORDALLO, Ms. BROWN riod to be subsequently determined by the addition to the Committee on Energy and of Florida, Ms. CLARKE of New York, Speaker, in each case for consideration of Commerce, for a period to be subsequently Mr. CONNOLLY, Mr. DEUTCH, Mrs. DIN- such provisions as fall within the jurisdic- determined by the Speaker, in each case for GELL, Ms. ESTY, Mr. FARR, Mr. GRI- tion of the committee concerned. consideration of such provisions as fall with- JALVA, Mr. HASTINGS, Mr. HIMES, Mr. By Mr. GOODLATTE (for himself, Mr. in the jurisdiction of the committee con- HUFFMAN, Mr. LARSEN of Washington, WEBER of Texas, Mr. POE of Texas, cerned. Mr. LARSON of Connecticut, Mr. Mr. MASSIE, Ms. FOXX, Mr. HANNA, By Mr. RENACCI (for himself, Mr. LOWENTHAL, Ms. MOORE, Ms. NORTON, Mr. COLLINS of Georgia, Mr. MEAD- CHABOT, Mr. TIBERI, Mr. BOUSTANY, Mr. DAVID SCOTT of Georgia, Ms. OWS, Mr. SAM JOHNSON of Texas, Mr. Mr. TIPTON, Mrs. BLACK, Ms. JENKINS SLAUGHTER, Ms. TSONGAS, and Ms. SENSENBRENNER, Mr. PITTENGER, Mr. of Kansas, Mr. HECK of Nevada, Mr. WASSERMAN SCHULTZ): VALADAO, Mr. DENT, Mr. PAULSEN, Mr. NUGENT, Mr. BROOKS of H.R. 716. A bill to require breast density re- BRIDENSTINE, Mr. LAMBORN, Mr. DUN- Alabama, Mr. MULVANEY, Mr. RIBBLE, porting to physicians and patients by facili- CAN of Tennessee, Mr. DUNCAN of Mr. REICHERT, Mr. FARENTHOLD, Ms. ties that perform mammograms, and for South Carolina, Mr. COLE, Mr. SINEMA, Mr. YOUNG of Indiana, Mr. other purposes; to the Committee on Energy ROTHFUS, Mr. STEWART, Mr. PEARCE, KLINE, Mr. JOYCE, Mr. MCKINLEY, Mr. and Commerce. Mr. DESANTIS, Mr. FARENTHOLD, Mr. ZINKE, Mr. BUCSHON, Mr. FLORES, Mr. By Mr. HONDA (for himself, Ms. JUDY MCCLINTOCK, Mr. NEUGEBAUER, Mr. LONG, Mr. MEEHAN, Mr. GOWDY, Mr. CHU of California, Mr. TAKANO, Mr. GOHMERT, Mr. OLSON, Mr. FLORES, DELANEY, Mr. WALBERG, Mr. JOHNSON SABLAN, Ms. LEE, Ms. ROYBAL- Mr. ROE of Tennessee, Mr. NUGENT, of Ohio, Mr. WEBSTER of Florida, Mr. ALLARD, Mr. SCHIFF, Ms. SPEIER, and Mrs. BLACK, Mr. LABRADOR, Mr. AMODEI, Mr. ROSS, Mr. MASSIE, Mr. Ms. CLARKE of New York): MARCHANT, Ms. GRANGER, Mr. RICE of ROKITA, Mr. DESJARLAIS, Mr. H.R. 717. A bill to amend section South Carolina, Mr. BRADY of Texas, POMPEO, Mr. PALAZZO, Mr. PEARCE, 1111(h)(1)(C)(i) of the Elementary and Sec- Mr. SANFORD, Mr. YOHO, and Mr. Mr. CARNEY, Mr. POLIQUIN, Mr. DUN- ondary Education Act of 1965 to require that ROHRABACHER): CAN of South Carolina, Mr. GIBBS, Mr. annual State report cards reflect the same H.R. 703. A bill to repeal the renewable fuel STUTZMAN, Mr. REED, and Mrs. ROBY): race groups as the decennial census of popu- program of the Environmental Protection H.R. 709. A bill to provide for the termi- lation; to the Committee on Education and Agency; to the Committee on Energy and nation of employment of employees of the the Workforce. Commerce. Internal Revenue Service who take certain By Mr. HONDA (for himself, Mr. CART- By Mr. GOODLATTE (for himself, Mr. official actions for political purposes; to the WRIGHT, Mr. COHEN, Ms. NORTON, and COSTA, Mr. WOMACK, Mr. WELCH, Mr. Committee on Ways and Means. Mr. LOWENTHAL):

VerDate Sep 11 2014 03:34 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\L04FE7.100 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H811 H.R. 718. A bill to amend the Elementary each case for consideration of such provi- veterans to use video conferencing for hear- and Secondary Education Act of 1965 in order sions as fall within the jurisdiction of the ings before the Board of Veterans’ Appeals; to support the community schools model; to committee concerned. to the Committee on Veterans’ Affairs. the Committee on Education and the Work- By Mr. PIERLUISI (for himself, Mr. By Mr. SALMON (for himself, Mr. force. SERRANO, Mr. BEYER, Ms. BORDALLO, GOSAR, Mr. BRIDENSTINE, Mr. LONG, By Mr. KATKO (for himself, Miss RICE Ms. BROWN of Florida, Mr. CART- Mr. DESANTIS, Mr. SCHWEIKERT, Mrs. of New York, Mr. MCCAUL, Mr. WRIGHT, Ms. CASTOR of Florida, Mr. LUMMIS, Mr. FRANKS of Arizona, and THOMPSON of Mississippi, and Mr. CICILLINE, Mr. CLYBURN, Mr. CON- Mr. POE of Texas): SANFORD): NOLLY, Mr. CONYERS, Mr. COSTA, Mr. H.R. 733. A bill to amend the Food and Nu- H.R. 719. A bill to require the Transpor- CROWLEY, Mr. CURBELO of Florida, trition Act of 2008 to require households that tation Security Administration to conform Mr. DEUTCH, Mr. DIAZ-BALART, Mr. receive supplemental nutrition assistance to existing Federal law and regulations re- ENGEL, Ms. FRANKEL of Florida, Ms. benefits to present photographic verification garding criminal investigator positions, and FUDGE, Ms. GABBARD, Mr. GRAYSON, at the time food is purchased with such bene- for other purposes; to the Committee on Mr. HARRIS, Mr. HASTINGS, Mr. fits; to the Committee on Agriculture. Homeland Security. HOYER, Mr. HUFFMAN, Mr. JEFFRIES, By Mr. SCALISE (for himself, Mr. WAL- By Mr. KATKO (for himself, Miss RICE Ms. KAPTUR, Mr. KIND, Mr. KING of DEN, and Ms. ESHOO): of New York, Mr. MCCAUL, Mr. New York, Mr. LABRADOR, Mr. LAR- H.R. 734. A bill to amend the Communica- THOMPSON of Mississippi, Mr. HUD- SON of Connecticut, Mr. LEWIS, Mr. tions Act of 1934 to consolidate the reporting SON, Mrs. TORRES, Ms. BROWNLEY of MARINO, Mr. MEEKS, Mr. MICA, Mr. obligations of the Federal Communications California, and Ms. MAXINE WATERS MURPHY of Florida, Ms. NORTON, Ms. Commission in order to improve congres- sional oversight and reduce reporting bur- of California): PLASKETT, Mr. POLIS, Mrs. dens; to the Committee on Energy and Com- H.R. 720. A bill to improve intergovern- RADEWAGEN, Mr. RIBBLE, Ms. ROS- merce. mental planning for and communication dur- LEHTINEN, Mr. RUIZ, Mr. SABLAN, Mr. By Mr. SERRANO (for himself and Mr. ing security incidents at domestic airports, SCHIFF, Mr. SCHOCK, Mr. TAKAI, Mr. RANGEL): and for other purposes; to the Committee on VARGAS, Ms. WASSERMAN SCHULTZ, H.R. 735. A bill to lift the trade embargo on Homeland Security. Ms. MAXINE WATERS of California, Cuba, and for other purposes; to the Com- By Ms. JENKINS of Kansas (for herself, Mr. WELCH, and Mr. YOUNG of Alas- mittee on Foreign Affairs, and in addition to Mr. BLUMENAUER, Mr. RODNEY DAVIS ka): the Committees on Ways and Means, Energy of Illinois, and Mr. LIPINSKI): H.R. 727. A bill to set forth the process for H.R. 721. A bill to amend the Internal Rev- Puerto Rico to be admitted as a State of the and Commerce, Financial Services, the Judi- enue Code of 1986 to extend and modify the Union; to the Committee on Natural Re- ciary, Oversight and Government Reform, railroad track maintenance credit; to the sources. and Agriculture, for a period to be subse- quently determined by the Speaker, in each Committee on Ways and Means. By Mr. LUETKEMEYER (for himself, case for consideration of such provisions as By Mr. KELLY of Pennsylvania (for Mr. CLAY, Mrs. WAGNER, Mrs. fall within the jurisdiction of the committee himself, Mr. YOUNG of Indiana, Mr. HARTZLER, Mr. CLEAVER, Mr. GRAVES concerned. BROOKS of Alabama, Mr. AMODEI, Mr. of Missouri, Mr. LONG, and Mr. SMITH GOSAR, Mr. MULLIN, Mr. RENACCI, Mr. By Mr. SERRANO: of Missouri): H.R. 736. A bill to authorize the appropria- CALVERT, Mr. ROKITA, and Ms. JEN- H.R. 728. A bill to designate the facility of tion of funds to be used to recruit, hire, and KINS of Kansas): the United States Postal Service located at train 100,000 new classroom paraprofessionals H.R. 722. A bill to amend title 5, United 7050 Highway BB in Cedar Hill, Missouri, as in order to improve educational achievement States Code, to provide for investigative the ‘‘Sergeant First Class William B. Woods, for children; to the Committee on Education leave requirements for members of the Sen- Jr. Post Office‘‘; to the Committee on Over- and the Workforce. ior Executive Service, and for other pur- sight and Government Reform. poses; to the Committee on Oversight and By Mr. SERRANO: By Mrs. CAROLYN B. MALONEY of H.R. 737. A bill to amend the Food, Drug, Government Reform. New York (for herself and Mr. BILI- and Cosmetic Act and the egg, meat, and By Mr. KING of New York (for himself, RAKIS): poultry inspection laws to ensure that con- Mr. CARTWRIGHT, Mr. YOUNG of Alas- H.R. 729. A bill to provide for a Medicare sumers receive notification regarding food ka, Mr. PASCRELL, Mr. LARSON of demonstration project to evaluate the fiscal products produced from crops, livestock, or impact of covering low vision devices as du- Connecticut, Mr. JOHNSON of Ohio, poultry raised on land on which sewage rable medical equipment under part B of the Mr. THOMPSON of California, Ms. sludge was applied; to the Committee on En- Medicare program; to the Committee on En- BORDALLO, Mrs. TORRES, and Mr. COL- ergy and Commerce, and in addition to the ergy and Commerce, and in addition to the LINS of New York): Committee on Agriculture, for a period to be H.R. 723. A bill to provide Capitol-flown Committee on Ways and Means, for a period subsequently determined by the Speaker, in flags to the immediate family of fire fight- to be subsequently determined by the Speak- each case for consideration of such provi- ers, law enforcement officers, members of er, in each case for consideration of such pro- sions as fall within the jurisdiction of the rescue squads or ambulance crews, and pub- visions as fall within the jurisdiction of the committee concerned. lic safety officers who are killed in the line committee concerned. By Mr. SERRANO (for himself and Mr. of duty; to the Committee on House Admin- By Ms. NORTON: RANGEL): istration. H.R. 730. A bill to amend the District of Co- H.R. 738. A bill to waive certain prohibi- By Mr. LANCE (for himself and Mrs. lumbia Home Rule Act to eliminate Congres- tions with respect to nationals of Cuba com- BLACKBURN): sional review of newly-passed District laws; ing to the United States to play organized H.R. 724. A bill to amend title I of the Pa- to the Committee on Oversight and Govern- professional baseball; to the Committee on tient Protection and Affordable Care Act to ment Reform, and in addition to the Com- Foreign Affairs, and in addition to the Com- impose restrictions on the risk corridor pro- mittee on Rules, for a period to be subse- mittee on the Judiciary, for a period to be gram, and for other purposes; to the Com- quently determined by the Speaker, in each subsequently determined by the Speaker, in mittee on Energy and Commerce. case for consideration of such provisions as each case for consideration of such provi- By Mr. LATTA (for himself, Mr. JONES, fall within the jurisdiction of the committee sions as fall within the jurisdiction of the Mr. MESSER, Mr. JOYCE, Mr. concerned. committee concerned. FARENTHOLD, Mr. GOSAR, Mr. POE of By Mr. NUGENT (for himself, Mr. By Mr. SERRANO: Texas, Mr. LONG, Mr. JODY B. HICE of SCOTT of Virginia, Mrs. NAPOLITANO, H.R. 739. A bill to permit members of the Georgia, and Mr. DUNCAN of Ten- Mr. RYAN of Ohio, Ms. SLAUGHTER, House of Representatives to donate used nessee): Mr. POCAN, Mrs. BROOKS of Indiana, computer equipment to public elementary H.R. 725. A bill to amend the Internal Rev- Mr. LOWENTHAL, Mr. HASTINGS, Mr. and secondary schools designated by the enue Code of 1986 to repeal the estate tax and JOYCE, Mr. REICHERT, Mr. SENSEN- members; to the Committee on House Ad- retain stepped-up basis at death; to the Com- BRENNER, Mr. LANCE, and Mr. JOLLY): ministration. mittee on Ways and Means. H.R. 731. A bill to reauthorize and improve By Mr. SERRANO: By Ms. LOFGREN (for herself, Mr. the Mentally Ill Offender Treatment and H.R. 740. A bill to amend the Internal Rev- MASSIE, Mr. SENSENBRENNER, Mr. Crime Reduction Act of 2004; to the Com- enue Code of 1986 to provide a business credit CONYERS, Mr. POE of Texas, Ms. mittee on the Judiciary. relating to the use of clean-fuel and fuel effi- DELBENE, Mr. POLIS, Mr. O’ROURKE, By Mr. RUIZ (for himself, Mrs. cient vehicles by businesses within areas des- and Mr. NADLER): WALORSKI, Ms. NORTON, Mr. CART- ignated as nonattainment areas under the H.R. 726. A bill to prohibit Federal agen- WRIGHT, Ms. BROWNLEY of California, Clean Air Act, and for other purposes; to the cies from mandating the deployment of Mrs. NAPOLITANO, Mr. JOLLY, Ms. Committee on Ways and Means. vulnerabilities in data security technologies; KUSTER, Mr. HONDA, Mr. MCGOVERN, By Mr. SERRANO: to the Committee on Intelligence (Perma- Mr. THOMPSON of California, and Mr. H.R. 741. A bill to amend the Internal Rev- nent Select), and in addition to the Com- RANGEL): enue Code of 1986 to allow taxpayers to des- mittee on the Judiciary, for a period to be H.R. 732. A bill to amend title 38, United ignate income tax overpayments as contribu- subsequently determined by the Speaker, in States Code, to improve the opportunity for tions to the United States Library Trust

VerDate Sep 11 2014 03:34 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\L04FE7.100 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H812 CONGRESSIONAL RECORD — HOUSE February 4, 2015 Fund; to the Committee on Ways and Means, Jack Johnson and unduly tarnished his rep- Congress has the power to enact this legis- and in addition to the Committee on Edu- utation; to the Committee on the Judiciary. lation pursuant to the following: cation and the Workforce, for a period to be By Mr. ISRAEL (for himself, Ms. Article 1, Section 8. subsequently determined by the Speaker, in BORDALLO, Mr. CARTWRIGHT, Mr. CON- Clause 1: The Congress shall have the each case for consideration of such provi- NOLLY, Mr. COOPER, Mr. DENT, Mr. Power To lay and collect Taxes, Duties, Im- sions as fall within the jurisdiction of the GRIJALVA, Mr. HANNA, Mr. HIGGINS, posts and Excises, to pay the Debts and pro- committee concerned. Mr. LEVIN, Ms. MCCOLLUM, Mr. vide for the common Defence and general By Ms. SPEIER (for herself, Mr. BERA, MCGOVERN, Mr. RANGEL, Ms. SLAUGH- Welfare of the United States; but all Duties, Mr. BLUMENAUER, Ms. BONAMICI, Ms. TER, Ms. SPEIER, Mr. BEYER, Mr. Imposts and Excises shall be uniform BROWN of Florida, Ms. BROWNLEY of NOLAN, Ms. LEE, and Mr. CICILLINE): throughout the United States; California, Ms. CASTOR of Florida, H. Res. 86. A resolution expressing support Clause 18: To make all Laws which shall be Ms. JUDY CHU of California, Mr. for designation of February 4, 2015, as Na- necessary and proper for carrying into Exe- CICILLINE, Ms. CLARK of Massachu- tional Cancer Prevention Day; to the Com- cution the foregoing Powers, and all other setts, Mr. COHEN, Mr. DEFAZIO, Ms. mittee on Energy and Commerce. Powers vested by this Constitution in the DEGETTE, Mr. DELANEY, Ms. By Mr. TOM PRICE of Georgia: Government of the United States, or in any DELAURO, Ms. DELBENE, Mr. ELLISON, H. Res. 87. A resolution providing amounts Department or Officer thereof. Ms. ESTY, Ms. FRANKEL of Florida, for the expenses of the Committee on the By Mr. BARTON: Mr. GRIJALVA, Mr. HASTINGS, Mr. Budget in the One Hundred Fourteenth Con- H.R. 702. HECK of Washington, Mr. HIMES, Mr. gress; to the Committee on House Adminis- Congress has the power to enact this legis- HONDA, Ms. JACKSON LEE, Mr. JOHN- tration. lation pursuant to the following: SON of Georgia, Mr. KILMER, Ms. By Mr. ROYCE (for himself and Mr. Article I Section 8 KUSTER, Mr. LARSEN of Washington, ENGEL): ‘‘The Congress shall have Power . . . To Ms. LEE, Mr. LEVIN, Mr. LOEBSACK, H. Res. 88. A resolution providing amounts regulate commerce with foreign Nations Ms. LOFGREN, Mr. LOWENTHAL, Mrs. for the expenses of the Committee on For- . . .’’ CAROLYN B. MALONEY of New York, eign Affairs in the One Hundred Fourteenth By Mr. GOODLATTE: H.R. 703. Ms. MATSUI, Ms. MCCOLLUM, Mr. Congress; to the Committee on House Ad- Congress has the power to enact this legis- MCGOVERN, Mr. MCNERNEY, Ms. ministration. lation pursuant to the following: MOORE, Mrs. NAPOLITANO, Ms. NOR- By Mr. VARGAS: Article I, Section 8, clause 3. Because the TON, Mr. PETERS, Ms. PINGREE, Mr. H. Res. 89. A resolution supporting ‘‘United federal government has extended Article I, POCAN, Mr. QUIGLEY, Mr. RANGEL, Mr. States Foreign Service Day’’ in recognition Section 8, Clause 3 (the commerce clause) be- RUIZ, Mr. RUSH, Mr. RYAN of Ohio, of the men and women who have served, or yond its intended boundaries, it follows that Ms. LINDA T. SA´ NCHEZ of California, are presently serving, in the Foreign Service efforts to rein in excessive federal govern- Ms. SCHAKOWSKY, Mr. SHERMAN, Ms. of the United States, and to honor those in ment encroachment in this area can be justi- SLAUGHTER, Mr. SWALWELL of Cali- the Foreign Service who have given their fied by Article I, Section 8, Clause 3. fornia, Mr. TAKANO, Mr. THOMPSON of lives in the line of duty; to the Committee on Foreign Affairs. By Mr. GOODLATTE: California, Ms. TITUS, Ms. TSONGAS, H.R. 704. Mr. VAN HOLLEN, Ms. WASSERMAN By Mr. VARGAS: H. Res. 90. A resolution recognizing the im- Congress has the power to enact this legis- SCHULTZ, Ms. WILSON of Florida, Ms. lation pursuant to the following: ESHOO, Mr. MCDERMOTT, Ms. ROYBAL- portance of the United States International Boundary Water Commission (USIBWC) and Article I, Section 8, clause 3. Because the ALLARD, and Ms. LORETTA SANCHEZ of federal government has extended Article I, California): its recent efforts to address trash, sediment, and water quality issues with their Mexican Section 8, Clause 3 (the commerce clause) be- H.R. 742. A bill to amend title 10, United yond its intended boundaries, it follows that States Code, to ensure that women members counterparts, Comisio´ n Internacional de Lı´mites y Aguas (CILA), through a proposed efforts to rein in excessive federal govern- of the Armed Forces and their families have ment encroachment in this area can be justi- access to the contraception they need in minute; to the Committee on Foreign Af- fairs. fied by Article I, Section 8, Clause 3. order to promote the health and readiness of By Mr. SEAN PATRICK MALONEY of all members of the Armed Forces, and for f New York: other purposes; to the Committee on Armed H.R. 705. Services. CONSTITUTIONAL AUTHORITY STATEMENT Congress has the power to enact this legis- By Mr. STEWART: lation pursuant to the following: H.R. 743. A bill to improve rangeland con- Pursuant to clause 7 of rule XII of Article 1, Section 8 of the Constitution ditions and restore grazing levels within the the Rules of the House of Representa- By Mr. SCOTT of Virginia: Grand Staircase-Escalante National Monu- H.R. 706. ment, Utah; to the Committee on Natural tives, the following statements are sub- mitted regarding the specific powers Congress has the power to enact this legis- Resources. lation pursuant to the following: By Mr. VAN HOLLEN (for himself, Mr. granted to Congress in the Constitu- Aritcle I, Section 8, Clause 3 of the United WELCH, Ms. SCHAKOWSKY, Ms. CASTOR tion to enact the accompanying bill or States Constitution of Florida, and Mr. CONYERS): joint resolution. By Mr. CHAFFETZ: H.R. 744. A bill to authorize the collection By Mr. POCAN: H.R. 707. of supplemental payments to increase con- H.R. 649. Congress has the power to enact this legis- gressional investments in medical research, Congress has the power to enact this legis- lation pursuant to the following: and for other purposes; to the Committee on lation pursuant to the following: ARTICLE 1, SECTION 8, CLAUSE 3 Energy and Commerce. Article I, Section 8, Clause 3 By Mrs. BLACKBURN: By Mr. WALDEN (for himself, Mr. The Congress shall have Power . . . To reg- H.R. 708. WELCH, Mr. NUNES, and Mr. NEAL): ulate Commerce with foreign Nations, and Congress has the power to enact this legis- H.R. 745. A bill to amend title XVIII of the among the several States, and with the In- lation pursuant to the following: Social Security Act to increase access to dian Tribes. Article I, Section 8 states that Congress ambulance services under the Medicare pro- By Mr. YODER: has the power ‘‘to make all laws which shall gram and to reform payments for such serv- H.R. 699. be necessary and proper for carrying into ices under such program, and for other pur- Congress has the power to enact this legis- Execution the foregoing Powers, and all poses; to the Committee on Energy and Com- lation pursuant to the following: other Powers vested by this Constitution in merce, and in addition to the Committee on Amendment IV the Government of the United States, or any Ways and Means, for a period to be subse- The right of the people to be secure in Department or Officer thereof.’’ quently determined by the Speaker, in each their persons, houses, papers, and effects, By Mr. RENACCI: case for consideration of such provisions as against unreasonable searches and seizures, H.R. 709. fall within the jurisdiction of the committee shall not be violated, and no Warrants shall Congress has the power to enact this legis- concerned. issue, but upon probable cause, supported by lation pursuant to the following: By Mr. KING of New York (for himself, Oath or affirmation, and particularly de- Article I, Section 8, Clause 18: The Con- Mr. MEEKS, Mr. CLAY, Mr. CONYERS, scribing the place to be searched, and the gress shall have Power to make all Laws Mr. RANGEL, Mr. GRIJALVA, Mr. persons or things to be seized. which shall be necessary and proper for car- COHEN, Mr. HONDA, and Mrs. NAPOLI- By Mr. GENE GREEN of Texas: rying into Execution the foregoing Powers, TANO): H.R. 700. and all other Powers vested by the Constitu- H. Con. Res. 14. Concurrent resolution ex- Congress has the power to enact this legis- tion in the Government of the United States, pressing the sense of Congress that John Ar- lation pursuant to the following: or in any Department or Officer thereof. thur ‘‘Jack’’ Johnson should receive a post- Clause 3 of Section 8 of Article 1 of the By Ms. JACKSON LEE: humous pardon for the racially motivated Constitution. H.R. 710. conviction in 1913 that diminished the ath- By Mr. WALBERG: Congress has the power to enact this legis- letic, cultural, and historic significance of H.R. 701. lation pursuant to the following:

VerDate Sep 11 2014 03:34 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\L04FE7.100 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 4, 2015 CONGRESSIONAL RECORD — HOUSE H813 This bill is enacted pursuant to the power Art. I, Sec. 8, cl. 18 Article I, Section 8, Clause 18 of the United granted to Congress under Article I, Section By Mr. KING of New York: States Constitution, to make all laws nec- 8, Clauses 1, 3, and 18 of the United States H.R. 723. essary and proper to carry out the powers of Constitution. Congress has the power to enact this legis- Congress. By Mr. BRADY of Texas: lation pursuant to the following: By Mr. SALMON: H.R. 711. Article I, Section 8, Clause 1 H.R. 733. Congress has the power to enact this legis- The Congress shall have Power to lay and Congress has the power to enact this legis- lation pursuant to the following: collect Taxes, Duties, Imposts and Excises, lation pursuant to the following: Article I, Section 8 of the United States to pay the Debts and provide for the common Article I, Section 8, Clause 1: The Congress Congress, which grants Congress, ‘‘the power Defence and general Welfare of the United shall have Power to lay and collect Taxes, to lay and collect taxes, duties, imposts, and States; but all Duties, Imposts and Excises Duties, Imposts and Excises, to pay the excises . . .’’ shall be uniform throughout the United Debts and provide for the common Defence By Mr. COLLINS of Georgia: States. and general Welfare of the United States; but H.R. 712. By Mr. LANCE: all Duties, Imposts and Excises shall be uni- Congress has the power to enact this legis- H.R. 724. form throughout the United States. lation pursuant to the following: Congress has the power to enact this legis- By Mr. SCALISE: Article I, Section 1 of the United States lation pursuant to the following: H.R. 734. Constitution, Article I, Section 8 of the Article I, Sec. 8, Clause 1, of the United Congress has the power to enact this legis- United States Constitution, including, but States Constitution lation pursuant to the following: not limited to, Clauses 1, 3, and 18, and Arti- This states that ‘‘Congress shall have Article 1, Section 8, Clause 3 cle III of the United States Constitution, power to . . . lay and collect taxes, duties, By Mr. SERRANO: Section 2 imposts and excises, to pay the debts and H.R. 735. By Mr. BUCSHON: provide for the common defense and general Congress has the power to enact this legis- H.R. 713. welfare of the United States.’’ lation pursuant to the following: Congress has the power to enact this legis- By Mr. LATTA: Article I, Section 8, Clause 3, which gives lation pursuant to the following: H.R. 725. Congress the power ‘‘To regulate Commerce Article 1, Section 8, Clause 1. Congress has the power to enact this legis- with foreign Nations.’’ By Mr. CAPUANO: lation pursuant to the following: Article I, Section 8, Clause 18, which gives H.R. 714. Taxation: Article 1, Section 8, Clause 1 Congress the power ‘‘To make all Laws Congress has the power to enact this legis- The Congress shall have Power to lay and which shall be necessary and proper for car- lation pursuant to the following: collect Taxes, Duties, Imposts and Excises, rying into Execution the foregoing Powers.’’ Article I, Section 3, Clause 1: ‘‘The Con- to pay Debts and provide for the common By Mr. SERRANO: gress shall have the Power to lay and collect Defence and general Welfare of the United H.R. 736. Taxes, Duties, Imposts, and Excises, to pay States; but all Duties, Imposts and Excises Congress has the power to enact this legis- the Debts and provide for the common De- shall be uniform throughout the United lation pursuant to the following: fense and general welfare of the United States. Article I, Section 8, Clause 3, which gives States;’’ Article I, Section 8, Clause 3: ‘‘The By Ms. LOFGREN: Congress the power ‘‘To regulate Commerce Congress shall have Power . . . To regulate H.R. 726. with foreign Nations, and among the several Commerce with foreign Nations, and among Congress has the power to enact this legis- States, and with the Indian Tribes,’’ Article the several States, and with the Indian lation pursuant to the following: I Section 8, Clause 1, which give Congress the Article 1, Section 8 of the United States Tribes.’’ power to ‘‘lay and collect Taxes, Duties, Constitution By Mr. CAPUANO: Imposets and Excises, to pay the Debts and By Mr. PIERLUISI: H.R. 715. provide for the common Defence and general H.R. 727. Congress has the power to enact this legis- Welfare of the United States,’’ and Article I, Congress has the power to enact this legis- lation pursuant to the following: Section 8, Clause 18, which gives Congress Article I, Sec.5, Clause 2: ‘‘Each House may lation pursuant to the following: The constitutional authority on which this the power ‘‘To make all Laws which shall be determine the Rules of its Proceedings . . .’’ necessary and proper for carrying into Exe- By Ms. DELAURO: bill rests is the power of the Congress to admit new States into the Union and to cution the foregoing Powers.’’ H.R. 716. By Mr. SERRANO: Congress has the power to enact this legis- make all needful rules and regulations re- specting the territories of the United States, H.R. 737. lation pursuant to the following: Congress has the power to enact this legis- as enumerated in Section 3 of Article IV of Article I, Section 8, Clause 3 of the United lation pursuant to the following: the Constitution. States Constitution Article 1, Section 8, Clause 3 of the U.S. By Mr. HONDA: By Mr. LUETKEMEYER: H.R. 728. Constitution The Congress shall have power H.R. 717. to lay and collect taxes, duties, imposts and Congress has the power to enact this legis- Congress has the power to enact this legis- excises, to pay the debts and provide for the lation pursuant to the following: lation pursuant to the following: common defense and general welfare of the section 8 of article I of the Constitution. Article 1, Section 8, Clause 7, ‘‘The Con- United States; but all duties, imposts and ex- By Mr. HONDA: gress shall have Power to . . . establish Post H.R. 718. Offices and post Roads . . .’’ In the Constitu- cises shall be uniform throughout the United Congress has the power to enact this legis- tion, the power possessed by Congress em- States; lation pursuant to the following: braces the regulation of the Postal System By Mr. SERRANO: section 8 of article I of the Constitution. in the country. Therefore, the proposed legis- H.R. 738. By Mr. KATKO: lation in naming a post office would fall Congress has the power to enact this legis- H.R. 719. under the powers granted to Congress in the lation pursuant to the following: Congress has the power to enact this legis- Constitution. Article I, Section 8, Clause 3, which gives lation pursuant to the following: By Mrs. CAROLYN B. MALONEY of Congress the power ‘‘To regulate Commerce Article I, Section 8, Clause 1 of the Con- New York: with foreign Nations.’’ stitution of the United States H.R. 729. Article I, Section 8, Clause 4, which gives By Mr. KATKO: Congress has the power to enact this legis- Congress the power ‘‘To establish an uniform H.R. 720. lation pursuant to the following: Rule of Naturalization.’’ Congress has the power to enact this legis- Article I, Section 8: to provide for the com- Article I, Section 8, Clause 18, which gives lation pursuant to the following: mon defense and general welfare. Congress the power ‘‘To make all Laws Article I, Section 8, Clause 1 of the Con- By Ms. NORTON: which shall be necessary and proper for car- stitution of the United States H.R. 730. rying into Execution the foregoing Powers.’’ By Ms. JENKINS of Kansas: Congress has the power to enact this legis- By Mr. SERRANO: H.R. 721. lation pursuant to the following: H.R. 739. Congress has the power to enact this legis- clause 17 of section 8 of article I of the Congress has the power to enact this legis- lation pursuant to the following: Constitution. lation pursuant to the following: Article I, Section 8: By Mr. NUGENT: Clause 2 of section 5 of article I of the Con- The Congress shall have Power To lay and H.R. 731. stitution, which states: ‘‘Each House may collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- determine the Rules of its Proceedings, pun- to pay the Debts and provide for the common lation pursuant to the following: ish its Members for disorderly Behaviour, Defense and general Welfare of the United Article 1, Section 8 of the United States and, with the Concurrence of two thirds, States. Constitution. expel a Member.’’ By Mr. KELLY of Pennsylvania: By Mr. RUIZ: Additionally, Congress has the power to H.R. 722. H.R. 732. enact this legislation under Clause 2 of sec- Congress has the power to enact this legis- Congress has the power to enact this legis- tion 3 of article IV of the Constitution, lation pursuant to the following: lation pursuant to the following: which states that ‘‘The Congress shall have

VerDate Sep 11 2014 04:43 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A04FE7.038 H04FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H814 CONGRESSIONAL RECORD — HOUSE February 4, 2015 Power to dispose of and make all needful ADDITIONAL SPONSORS H.R. 614: Mr. RICE of South Carolina. Rules and Regulations respecting the Terri- H.R. 622: Mrs. BLACK. Under clause 7 of rule XII, sponsors tory or other Property belonging to the H.R. 631: Mrs. ROBY and Mr. OLSON. United States; and nothing in this Constitu- were added to public bills and resolu- H.R. 641: Mr. DESJARLAIS, Mr. FITZPATRICK, tion shall be so construed as to Prejudice tions, as follows: Mr. MURPHY of Pennsylvania, Mr. PITTS, Mr. any Claims of the United States, or of any H.R. 25: Mr. ROSS. PETERSON, Mr. TIPTON, Mr. LANGEVIN, Ms. particular State.’’ H.R. 27: Mr. NEUGEBAUER. PINGREE, Mr. MACARTHUR, Mr. SWALWELL of By Mr. SERRANO: H.R. 106: Mr. RIGELL. California, Mr. PAULSEN, Mr. BARLETTA, Mr. H.R. 740. H.R. 131: Mr. FINCHER and Mr. ROKITA. POLIS, Mr. YOUNG of Indiana, Mr. SEAN PAT- Congress has the power to enact this legis- H.R. 156: Mr. CRAMER. RICK MALONEY of New York, Mr. SESSIONS, lation pursuant to the following: H.R. 173: Mr. POSEY and Mr. NEUGEBAUER. and Mr. ROSKAM. Article I, Section 8, Clause 1 of the Con- H.R. 201: Mr. KILDEE. H.R. 644: Mr. GIBSON. stitution, which states that ‘‘The Congress H.R. 223: Mr. KILDEE. H.R. 654: Mr. WILLIAMS, Mr. PITTENGER, shall have power to lay and collect taxes, du- H.R. 234: Ms. BROWN of Florida. and Mr. WILSON of South Carolina. ties, imposts and excises. . .’’ H.R. 235: Mr. COLLINS of Georgia, Mr. SES- H.R. 662: Mr. WALBERG. Article I, Section 8, Clause 18 of the Con- SIONS, Mr. SWALWELL of California, Mr. RUS- H.R. 664: Mr. MASSIE. stitution, which states that Congress shall SELL, Mr. RYAN of Ohio, Mr. KING of Iowa, H.R. 676: Mr. FATTAH. have the power ‘‘to make all laws which Ms. MENG, Mr. BILIRAKIS, Mr. HARPER, Mr. H.R. 680: Mr. PERLMUTTER. shall be necessary and proper for carrying JONES, Mrs. MIMI WALTERS of California, Mr. H.R. 684: Ms. ESHOO, Mr. PALLONE, and Mr. into execution the foregoing powers, and all WALDEN, Mr. CONNOLLY, Mr. TAKANO, Mr. HUFFMAN. other powers vested by this Constitution in LONG, and Mr. DEFAZIO. H.R. 696: Mr. KIND. the government of the United States, or in H.R. 247: Ms. MOORE. H.J. Res. 1: Mr. GRAVES of Georgia. any department or officer thereof.’’ H.R. 263: Ms. BROWN of Florida. H.J. Res. 2: Mr. HARDY, Mr. COLLINS of New By Mr. SERRANO: H.R. 277: Mr. LAMBORN and Mr. BURGESS. York, Mr. SIMPSON, and Mr. GRAVES of Geor- H.R. 741. H.R. 283: Mr. SANFORD. gia. Congress has the power to enact this legis- H.R. 304: Mr. SCHIFF and Ms. BASS. H.J. Res. 9: Mr. BISHOP of Utah. lation pursuant to the following: H.R. 340: Mr. ZINKE. H.J. Res. 14: Mr. SANFORD. Article I, Section 8, Clause 3 of the U.S. H.R. 352: Mr. GROTHMAN, Mr. JONES, and H. Con. Res. 13: Mr. TIPTON, Mr. PITTS, Mr. Constitution The Congress shall have power Mr. NEUGEBAUER. BUCSHON, Mr. BROOKS of Alabama, Mr. H.R. 379: Ms. SCHAKOWSKY and Ms. HER- to lay and collect taxes, duties, imposts and FRANKS of Arizona, Mr. BARR, Mr. HARRIS, RERA BEUTLER. excises, to pay the debts and provide for the Mr. BURGESS, Mr. PITTENGER, Mr. CONAWAY, H.R. 402: Mr. WESTERMAN. common defense and general welfare of the Mr. NEUGEBAUER, Mr. LAMBORN, Mr. CHABOT, H.R. 429: Ms. MICHELLE LUJAN GRISHAM of United States; but all duties, imposts and ex- Mrs. WALORSKI, Mr. WILSON of South Caro- New Mexico. cises shall be uniform throughout the United lina, and Mr. SESSIONS. H.R. 430: Mr. RICHMOND, Miss RICE of New States; H. Res. 12: Mr. MURPHY of Pennsylvania, York, and Mr. MCNERNEY. By Ms. SPEIER: Mr. MICHAEL F. DOYLE of Pennsylvania, Mrs. H.R. 448: Mrs. CAPPS, Miss RICE of New H.R. 742. CAROLYN B. MALONEY of New York, Mr. York, Ms. MICHELLE LUJAN GRISHAM of New Congress has the power to enact this legis- GARAMENDI, Mr. MCNERNEY, and Mr. KILDEE. Mexico, and Mr. O’ROURKE. lation pursuant to the following: H. Res. 24: Mrs. BUSTOS and Ms. KAPTUR. H.R. 451: Mr. CALVERT and Mr. ROSKAM. This bill is enacted pursuant to the power H. Res. 26: Mr. WESTERMAN. H.R. 455: MISS RICE of New York. granted to Congress under Article 1, Section H. Res. 32: Ms. PLASKETT. H.R. 465: Mr. RIBBLE and Mr. GOODLATTE. 8 of the United States Constitution. H. Res. 45: Mr. FORBES. H.R. 483: Ms. BORDALLO, Ms. DUCKWORTH, By Mr. STEWART: H. Res. 50: Mr. BILIRAKIS, Ms. DELAURO, and Mr. SWALWELL of California. H.R. 743. Ms. SLAUGHTER, Mr. DEUTCH, Mr. RIBBLE, Mr. H.R. 509: Mr. RUSH and MISS RICE of New Congress has the power to enact this legis- York. LANCE, Mr. SCHWEIKERT, and Mr. RUSH. lation pursuant to the following: H. Res. 54: Mr. RUSH, Mrs. DAVIS of Cali- H.R. 525: Mr. SANFORD and Mr. WHITFIELD. Article I, Section 8, Clause 8 allows Con- H.R. 529: Ms. KUSTER, Mr. FORBES, Mr. fornia, Mr. LEVIN, Mr. HIGGINS, Mr. gress ‘‘[to] make all Laws which shall be nec- HECK of Nevada, and Mr. BERA. HUFFMAN, Mr. BLUMENAUER, Mr. GRIJALVA, essary and proper for carrying into Execu- H.R. 531: Mrs. BEATTY. and Mr. POCAN. tion the foregoing Powers, and all other H.R. 537: Mr. PITTENGER. H. Res. 56: Mr. FRANKS of Arizona. Powers vested by this Constitution in the H.R. 541: Mr. COHEN. H. Res. 67: Ms. SPEIER. Government of the United States, or in any H.R. 544: Mr. SWALWELL of California. H. Res. 74: Ms. BORDALLO. Department or Officer thereof.’’ Article IV, H.R. 546: Ms. BROWNLEY of California, Mr. Section 3 DOGGETT, and Mr. POCAN. f ‘‘The Congress shall have power to dispose H.R. 551: Mr. HIGGINS, Mr. POCAN, Mr. of and make all needful Rules and Regula- DELANEY, Mr. MCDERMOTT, and Mr. SCHRA- CONGRESSIONAL EARMARKS, LIM- tions respecting the Territory or other Prop- DER. erty belonging to the United States; and H.R. 565: Mr. BUTTERFIELD, Ms. NORTON, ITED TAX BENEFITS, OR LIM- nothing in this Constitution shall be so con- and Mr. ELLISON. ITED TARIFF BENEFITS strued as to Prejudice any Claims of the H.R. 586: Mr. RUIZ and Mr. QUIGLEY. Under clause 9 of rule XXI, lists or United States, or of any particular State.’’ H.R. 592: Mrs. BEATTY, Mr. RYAN of Ohio, statements on congressional earmarks, Article X Ms. MICHELLE LUJAN GRISHAM of New Mex- By Mr. VAN HOLLEN: ico, Mr. OLSON, Mr. YOUNG of Alaska, and limited tax benefits, or limited tariff H.R. 744. Mr. LONG. benefits were submitted as follows: Congress has the power to enact this legis- H.R. 594: Mr. JENKINS of West Virginia, Mr. The amendment to be offered by Rep- lation pursuant to the following: MULLIN, Ms. HERRERA BEUTLER, Mrs. WAG- resentative SCOTT PETERS (CA) or a designee Clause 3 of section 8 of article 1 of the Con- NER, Mr. HECK of Nevada, Mr. ROGERS of Ala- to H.R. 527 the Small Business Regulatory stitution bama, Ms. JENKINS of Kansas, Mr. DIAZ- Flexibility Improvements Act of 2015, does Clause 1 of section 8 of article 1 of the Con- BALART, Mr. FLEISCHMANN, Mr. SESSIONS, not contain any congressional earmarks, stitution Mrs. ELLMERS, Mr. ADERHOLT, Mr. JORDAN, limited tax benefits, or limited tariff bene- Clause 18 of section 8 of article 1 of the Mr. ALLEN, and Mr. DUNCAN of Tennessee. fits as defined in clause 9 of rule XXI. Constitution H.R. 595: Ms. ESHOO. By Mr. WALDEN: H.R. 598: Mr. PITTENGER and Mr. ROSKAM. f H.R. 745. H.R. 599: Mr. KLINE, Mr. DESANTIS, Mr. Congress has the power to enact this legis- SAM JOHNSON of Texas, Mr. RENACCI, Mr. lation pursuant to the following: FORBES, Mr. OLSON, and Mr. PAULSEN. DELETION OF SPONSORS FROM Article 1, Section 8 of the U.S. Constitu- H.R. 608: Mr. YARMUTH, Ms. EDDIE BERNICE PUBLIC BILLS AND RESOLUTIONS tion, which provies that ‘‘The Congress shall JOHNSON of Texas, Mr. CLAY, Mr. RUSH, Mr. Under clause 7 of rule XII, sponsors have power to lay and collect taxes, duties, BISHOP of Georgia, Ms. PLASKETT, Mr. LEWIS, imports and excises, to pay the debts and Mr. FATTAH, Ms. KELLY of Illinois, Mr. HAS- were deleted from public bills and reso- provide for the common defense and general TINGS, Mr. CLEAVER, Mr. JOHNSON of Georgia, lutions, as follows: Welfare of the United States.’’ Mr. MEEKS, Mr. VEASEY, and Mr. RICHMOND. H.R. 279: Mr. RANGEL.

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Vol. 161 WASHINGTON, WEDNESDAY, FEBRUARY 4, 2015 No. 19 Senate The Senate met at 9:30 a.m. and was Motion to proceed to Calendar No. 5, H.R. claimed he was ‘‘concerned about the called to order by the President pro 240, a bill making appropriations for the De- constitutional separation of powers.’’ tempore (Mr. HATCH). partment of Homeland Security for the fiscal He said, ‘‘The Constitution doesn’t say year ending September 30, 2015, and for other if the Congress fails to act then the f purposes. President can do x, y, and z. It just PRAYER Mr. MCCONNELL. Mr. President, it doesn’t.’’ A third Democratic Senator was good to see the new Senate come The Chaplain, Dr. Barry C. Black, of- had this to say of the President’s plan together and pass another bipartisan fered the following prayer: for overreach: ‘‘It makes me uncom- bill yesterday. It was a win for our Na- Let us pray. fortable.’’ Yet all of these Senators tion’s heroes. It was yet another win Spirit of God, descend on our hearts, voted to shut down debate and block for the American people. But that was funding for the Department of Home- for apart from You, life is a tale full of only one of the votes we took because sound and fury signifying nothing. land Security. Every last Democrat just hours after joining Republicans to voted to filibuster rather than work May our Senators walk in Your ways, do something good for our veterans, keeping Your precepts with such integ- across the aisle to address the very Democrats voted to block funding for issue they claim to be concerned about. rity that they will honor You. Lord, in- the Department of Homeland Security. cline their hearts to Your wisdom, pro- Perhaps today’s Democratic Party is It was enough to give anyone whiplash. so devoted to the right of politicians to viding them with the understanding Now Americans are wondering, what engage in action that would, as the they need to accomplish Your purpose could possibly lead Democrats to fili- President seemed to imply, ‘‘violate in our world. Let Your mercy protect buster Homeland Security funding? the law,’’ that it cannot tolerate dis- them from the dangers of this life as The legislation Democrats are filibus- sent. But that is no reason to shut they learn to find delight in Your com- tering would fund the Department of down the Department of Homeland Se- mandments. Keep them ever mindful of Homeland Security. It would also pro- curity. That is no reason to prevent the the brevity of their days and the great- tect American democracy from over- Senate from even debating whether to ness of their work. reach, described by President Obama as fund the Department. We pray in Your Holy Name. Amen. ‘‘unwise and unfair.’’ That is it. You So the Democrats’ Homeland Secu- f would think that a bill such as this rity filibuster needs to end now. Demo- would pass overwhelmingly. You would cratic Senators who say they are seri- PLEDGE OF ALLEGIANCE think that at least the Democrats ous about keeping our Nation safe and The President pro tempore led the would allow the Senate an opportunity addressing what President Obama ac- Pledge of Allegiance, as follows: to improve the bill if it needs to be im- knowledged as ‘‘unwise and unfair’’ I pledge allegiance to the Flag of the proved. But Democrats voted to fili- overreach need to prove it. United States of America, and to the Repub- buster the bill outright. They pre- RECOGNITION OF THE ACTING MINORITY LEADER lic for which it stands, one nation under God, vented the legislation from even being The PRESIDING OFFICER. The as- indivisible, with liberty and justice for all. debated. sistant Democratic leader is recog- f Today’s Democratic Party seems nized. willing to go to any extreme to protect RECOGNITION OF THE MAJORITY Mr. DURBIN. Mr. President, yester- the kind of Executive overreach Presi- LEADER day we were informed of another bar- dent Obama once described as ‘‘not how baric act by ISIS—literally burning a The PRESIDING OFFICER (Mr. our democracy functions.’’ It would go Jordanian pilot to death in a cage. This PAUL). The majority leader is recog- so far as to block Homeland Security follows news reports of beheadings of nized. funding and to give the President the Japanese citizens, Americans, and so f opportunity to continue to do what he many others. It is an indication of the is doing. threat not just to the Middle East but DEPARTMENT OF HOMELAND SE- The whole situation is a bit per- to the world of terrorism in its ex- CURITY APPROPRIATIONS ACT, plexing given what some of our col- treme, as ISIS demonstrates on a reg- 2015—MOTION TO PROCEED leagues said just a few weeks ago, ular basis. Mr. MCCONNELL. Mr. President, I given what they said about the over- It was ironic that the same day we move to proceed to H.R. 240. reach President Obama referred to as learned this, I visited the Department The PRESIDING OFFICER. The ‘‘ignoring the law.’’ One Democratic of Homeland Security and met with the clerk will report the motion. Senator said that ‘‘the President Secretary, Jeh Johnson, and talked The assistant legislative clerk read shouldn’t make such significant policy about the political strategy of the Re- as follows: changes on his own.’’ Another Senator publicans when it comes to funding the

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

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VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S742 CONGRESSIONAL RECORD — SENATE February 4, 2015 Department of Homeland Security—the the floor for funding the Department of or go to college and put you on a path same Department that is responsible Homeland Security—I invite the Sen- to legalization. That was the DREAM for keeping America safe from the ator from Kentucky and those who are Act. It was introduced 14 years ago. It threat of terrorism. interested in debate to turn to page 55. has never become the law of the land. You see, the Presiding Officer knows Start reading on page 55 the general In that period of time, of course, well that when we were here in Decem- provisions that were sent to us by the thousands of young people have found ber passing an omnibus appropriations House of Representatives—page after themselves in this predicament. It was bill, the House Republicans insisted page of riders and restrictions on the 21⁄2 years ago when I joined 20 other that one agency be singled out and not appropriations for the Department of Senators and wrote to President properly funded, one agency of our gov- Homeland Security. Obama and said: Can you consider an ernment: the Department of Homeland You see, the House of Representa- Executive order that would protect Security. They funded every other tives said: We will only fund the De- these DREAMers from deportation so agency of the government to Sep- partment of Homeland Security if we that they can live in America? And the tember 30 of this year in a regular ap- can have our way when it comes to President, 21⁄2 years ago, did. It was propriations process but refused—the these restrictions on how they spend known as DACA, and this program said Republicans refused to fund the De- money. to these young people, this is your partment of Homeland Security. Why? Well, what is it that is so important chance. Come forward, register, go They wanted to reserve the right to to the House Republicans and Senate through a criminal background check, fight with the President over the issue Republicans that they are willing to prove you graduated from high school, of immigration. They wanted to re- risk funding of the Department of and the President, 21⁄2 years ago, said: serve the right to object to any Execu- Homeland Security? What is it that is We won’t deport you. tive action taken by the President re- holding them up from putting the re- We estimate 2 million young people lated to immigration. Their forum for sources in the hands of Secretary John- would be eligible. Six hundred thou- this objection? The appropriations for son and this Department that they sand have stepped forward and have the Department of Homeland Security. need to keep America safe? It must be been given this protection from depor- Yesterday Secretary Johnson came something that is momentous, historic. tation. to our Democratic caucus lunch to ex- What is the reason they are taking a This is the program that has led the plain what it was like to manage a de- stand and leaving America vulnerable? Republicans in the House and Senate partment of our government under a Well, the Republicans clearly must to threaten funding for the Department continuing resolution. That is the have something that they think is even of Homeland Security. The very technical name in our Budget Act for more threatening to the United States thought that these young people could stay in America, live in America with- temporary funding. He said it was like than terrorism. What could it be? Well, out fear of deportation, work in Amer- driving a car with a gas tank that only it turns out we know, because of riders ica, go to school in America, is so rep- held 5 gallons of gasoline and not being attached by the House of Representa- rehensible to the Republicans in the sure where the next service station was tives. The Republicans in Congress are House and Senate, they are prepared to going to turn up. He said: That is how more fearful of a group known as the I am called on now to run the Depart- jeopardize the funding for the Depart- DREAMers than they obviously are of ment of Homeland Security, which pro- ment of Homeland Security—the De- the threat of terrorism from these ex- partment that we entrust more than tects America. treme groups. I have come to the floor on more any other to keep us safe from ter- Who are these DREAMers? Well, I rorism. than 50 occasions to tell the story of know this issue better than some. these DREAMers, which I will do again Why? Why would the Republicans Fourteen years ago it came to my at- choose this Department to single out this morning. tention that there was a serious mis- I ask my Republican colleagues in and not properly fund? At a time when carriage of justice taking place in the we are facing threats of ghastly ter- the House and the Senate to listen to United States. It turns out that chil- the story of a DREAMer and tell me: rorism in this world that we have not dren brought to our country by their seen, why would the Republicans insist Do you believe the person I am about parents who were undocumented lit- to describe should be deported from on making the appropriations for the erally had no country. They grew up in America? Department of Homeland Security the America. They went to school in Amer- His name is Pablo da Silva. He was forum for their debate with President ica. They lived in America. They con- brought here from Brazil in 2001 when Obama? sidered themselves Americans. They he was 13 years old. Pablo grew up in Now the Senator from Kentucky, our pledged allegiance to our flag in their New Jersey. This is what he said about majority leader, comes to the floor and classrooms. They sang our national an- his childhood: says: Well, yesterday the Democrats refused to vote to fund the Department them. They dreamed of their future, The same as every other kid growing up in only to learn when they were still chil- the U.S., I attended middle school, pledged of Homeland Security. allegiance to the American flag, and sang I will make a point for the record dren that that opportunity was not there for them. You see, they were un- the National Anthem. As I grew older, I here that when the majority leader came to understand that one thing about me turns to page 12 of the publication sit- documented. Their parents brought differed from my classmates. I was undocu- ting on his desk, the Calendar of Busi- them to America, never filed any pa- mented. However, my parents always taught ness of the Senate, when he turns to pers, and they were undocumented. me to see barriers as a measure of persever- page 12, he should look at line 7 on It did not seem right to me at the ance and an opportunity to thrive. page 12 of the Calendar of Business of time that a young person—a toddler, Pablo’s dream was to become a doc- the Senate, and there he will find S. an infant—brought to this country tor. During high school and college, he would be paying this heavy price with 272, introduced by Senator JEANNE volunteered at nursing homes every their lives because of any wrongdoing SHAHEEN of New Hampshire and Sen- week. He was a member of a group by their parents. So I introduced a bill, ator MIKULSKI of Maryland. called Doctor Red Nose. That is where Let me read what S. 272 is: the DREAM Act, at the time cospon- he and others would dress up like A bill making appropriations for the De- sored by Senator HATCH of Utah. We clowns visiting hospitals and nursing partment of Homeland Security for the fiscal said in that bill: If you were brought to homes to cheer up the patients and year ending September 30, 2015, and for other America as a child and your parents health care providers. purposes. brought you here and did not file the Pablo was accepted at Rutgers Uni- Read the second time and placed on papers or left you in an undocumented versity, one of our Nation’s best. But the calendar on January 28. state, but you lived in America, did because Pablo was undocumented, he This bill will fund the Department of nothing wrong in America, graduated didn’t qualify for any financial assist- Homeland Security. This bill is a clean from high school in America, we would ance. He would have had to pay out-of- appropriations bill. give you a chance. We would give you State tuition. So he couldn’t afford If you look at the bill Senator a chance to step forward if you were Rutgers. Pablo enrolled in a commu- MCCONNELL and others have brought to willing to either serve in our military nity college. Because he had taken

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S743 community college courses when he who has overcome the odds, who has Instead of slowing down the appro- was in high school, Pablo was able to volunteered time and again in his com- priations to the Department of Home- complete a 2-year associate’s degree in munity, who is willing to work in un- land Security, I wish to remind the ma- only 1 year. derserved medical areas—how can they jority leader and the Speaker of the ob- With an associate’s degree in hand, look at this man and say he is the vious. They are in control. They have Pablo was able to transfer to Kean Uni- enemy? the majority. They can call immigra- versity in New Jersey. In 2011, Pablo da The Republicans in the House and tion issues before the Senate and the Silva graduated at the top of his class Senate fear Pablo da Silva more than House at a moment’s notice. We are with a major in biology, summa cum they fear the extremist terrorist prepared—prepared—to debate those laude. He received an award for the groups. They fear this DREAMer, and immigration issues, but we are not pre- highest grade point average in the biol- they are willing to give short-term pared to do that, engage in that impor- ogy department. He was on the dean’s funding to a Federal agency to make tant debate, at the expense of funding list every semester of college and a their point. the Department of Homeland Security. member of the honor society Phi Kappa If the House Republicans and some in Now we are going to waste a week of Phi. the Senate have their way, Pablo da the Senate’s time—a week when we Remember, this is the person whom Silva won’t be able to finish medical could pass the Shaheen-Mikulski bill the Republicans in the House and the school. He won’t become a doctor. And and fund this Department, a week Senate want to deport from the United if they have their way and deport when we could initiate the debate on States and refuse to fund the Depart- him—which is what the House bill calls immigration, a week when the Repub- ment of Homeland Security until this on us to do—my State is going to be licans can come forward with their own DREAMer is deported. denied a doctor in a medically under- immigration ideas, if they have any, After graduating from college, Pablo served area. other than deporting Pablo da Silva. da Silva was unable to pursue his We are a nation of immigrants. My They can come forward now, but they dream of becoming a doctor. He mother was an immigrant to this coun- refuse to. couldn’t go to medical school as an un- try. I believe immigrants have brought They want to make this political documented person, so he worked in a so much to America, not just in hard point with the President, but they do it variety of manual labor jobs. work—and they take the toughest at the expense of the safety and secu- In 2012, President Obama established jobs—but also this risk taking that is rity of America, and they do it at the DACA, and then Pablo heard some- involved in immigration. They are expense of DREAMers such as Pablo da thing amazing. Loyola University of willing to put it all on the line. Silva. Chicago was prepared to accept stu- In my case, my grandparents came Every time we have tried to pass dents who had received DACA into its here with my mom, when she was a lit- comprehensive immigration reform, medical school. tle girl, to a country where they barely the Republicans have said no. Like many States across the coun- spoke the language and knew a handful Every student of American history try, Illinois has a shortage of physi- of people. They made a life, raised a can tell us that anti-immigration par- cians in inner city and rural areas. family, and I was lucky to be part of it. ties eventually wither and die. We are Loyola University’s DACA Program is And I am honored to stand on the floor a nation of immigrants. an opportunity to address this prob- of the Senate today. There are some on the Republican lem. That is my story, that is my family’s side who understand that, and they The State of Illinois has created a story, and that is America’s story. can’t really explain why the Grand Old DACA loan program. Under this pro- That is the story of Pablo da Silva. Party, the Republican Party, is turn- gram, Loyola’s DACA medical students Why are the Republicans at war with ing its back on immigrants in a nation can receive loans to help cover the cost this young man? Why do they think of immigrants. That is their policy. of medical education. For every year of that stopping his opportunity to go to They are so determined to pursue it loans, every year they get loans to go medical school and serve America is in they are willing to jeopardize the ap- to medical school, these students must the best interests of our Nation? It cer- propriations for one of the most impor- work for 1 year in a medically under- tainly isn’t. tant agencies of our government, the served area in my State of Illinois. Yesterday the Senate assistant ma- Department of Homeland Security. It is quite a tradeoff—1 year of med- jority leader said on the floor that The President has used his legal au- ical school for 1 year of professional DACA ‘‘kicked the people who played thority to bring some fairness to our life as a doctor helping people who by the rules to the back of the line and broken immigration system. If the Re- have no access to doctors. As a result, the people who did not to the front of publicans think they can do it better, an amazing thing happened. Some of the line.’’ they have every right as the majority the best and brightest students in Here is the reality: The President’s party in the House and the Senate to America have come to Loyola to get a immigration action simply puts a tem- offer legislation. medical education, and they have porary hold on the deportation of low- But with the Homeland Security De- signed up to stay in Illinois to serve priority cases like immigrant students partment facing a shutdown in just 3 the parts of our State where the people such as Pablo da Silva. It doesn’t put weeks, we don’t have time for these I represent are desperate for a doctor. the DREAMers or any other undocu- symbolic votes in the House bill on the Last fall, Pablo da Silva began med- mented immigrants in the same line as floor. Turn to page 15, I say to the ma- ical school at Loyola where he is pur- legal immigrants, and it doesn’t put jority leader, of the Calendar of Busi- suing his dream of becoming a any legal immigrants at the back of ness of the Senate, and you will find cardiothoracic surgeon. He wrote me a the line. Only Congress can do that. the answer to your question. You will letter and this is what he said about Speaking of Congress, it is important find the way to fund the Department of the DACA Program: to note that in 2013 this Senate passed Homeland Security in a responsible DACA has allowed me to fulfill my long- comprehensive immigration reform way. lasting aspiration to pursue a career in medi- with a strong vote of 68 to 32. Repub- What the majority leader should do cine. It has truly changed my future and for licans and Democrats voted for it. is to swallow his pride, call Mr. BOEH- that I’m truly grateful. I’m eager to con- For the remainder of that Congress, NER and say: Your idea is not going to tribute my share to the country I call my the year 2013 and 2014—more than 11⁄2 fly in the Senate. It is time for us to own. years—the Republican House of Rep- fund this agency. It is time to under- When you read this letter, you stop resentatives refused to allow a vote on stand that as resolute as the terrorists and think, how can the Republicans in the Senate’s immigration reform bill, are in harming innocent people and the House of Representatives and the refused to call their own bill, refused to threatening America, America should Senate have made this man their take any action. It was at that mo- be as resolute in fighting them back. enemy? How can they look at this ment when the President stepped for- The first line of defense is the De- young man, who has struggled through- ward and said: I have to do something partment of Homeland Security. It is out his life to obtain an education— with this broken immigration system. time to fund it. We could do it in a

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S744 CONGRESSIONAL RECORD — SENATE February 4, 2015 matter of minutes this morning if the Meanwhile, other countries are step- ‘‘oh wow’’ moment that changed our majority leader would simply call to ping up. China has increased research understanding of cancer. the floor this clean appropriations bill. and development funding by 20 percent One of my deep concerns is this: How I yield the floor. a year every year from 1999 to 2009. If many other Janet Rowleys are being RESERVATION OF LEADER TIME we stay on course, China will be invest- lost in America to medical research be- The PRESIDING OFFICER. Under ing more in research and development cause they can’t get the financial sup- the previous order, the leadership time as a share of their overall economy port for the grants they need to move is reserved. than the United States in as soon as 5 forward? How many medical scientists years. have been forced to scale back or even f The erosion of U.S. funding is par- abandon vital research because of ill- MORNING BUSINESS ticularly troublesome and costly in the advised cuts to the National Institutes area of biomedical research. Thanks to of Health? The PRESIDING OFFICER. Under budget cuts, and particularly the se- If America is going to remain a world the previous order, the Senate will be questration, the U.S. share of global leader in research that does contribute in a period of morning business until biomedical research funding declined to longer and healthier lives, Federal 12:30 p.m., equally divided, with Sen- by 13 percent between 2004 and 2012. funding for medical research has to be ators permitted to speak therein for up Lifesaving discoveries are being de- a national priority. Last week I re- to 10 minutes each. layed and young scientists are finding introduced a critical bill. The Amer- Mr. DURBIN. Mr. President, since I fewer funding opportunities. A decade ican Cures Act calls for $150 billion in see no other Members on the floor at ago 30 percent of the qualified NIH Federal research funding to support this time, I ask unanimous consent to grant proposals were funded, today it is medical breakthroughs over the next 10 speak in morning business. just 18 percent. years. The PRESIDING OFFICER. Without In Illinois researchers regularly tell I guarantee we will get more than objection, it is so ordered. me how difficult it is to find govern- $150 billion in payback if we put that f ment support for their medical re- money in medical research. If we can delay the onset of Alzheimer’s in this AMERICAN CURES ACT search. They can spend as much time applying for grants and opening rejec- country just by weeks or months, and Mr. DURBIN. Mr. President, 3 weeks tion letters as they do conducting ex- God willing cure it, think of how much ago, scientists at Boston’s North- periments and analyzing data. we will save. Last year it cost our Fed- eastern University made an amazing There are indications that young re- eral Government over $200 billion to discovery in a pile of dirt. They found searchers are taking their talents to treat Alzheimer’s patients. a new antibiotic called teixobactin. other industries and even other coun- For researchers making long-term This new antibiotic, the first that has tries. In 1982 18 percent of NIH primary plans, it is not only the amount of been discovered in more than 25 years, investigators were under the age of 36. funding but its reliability. That is why holds the potential to kill off a wide In 2011 3 percent of NIH primary inves- the American Cures Act would elimi- variety of disease-causing bacteria. It tigators were under the age of 36. The nate the year-to-year unpredictability of congressional budgets and politics offers hope for a cure to serious and young researchers aren’t going in to and set a steady growth rate of 5 per- growing antibiotic resistant diseases. government-sponsored research. Mean- President Obama noted in his State cent over 10 years. while, our population is aging, medical Francis Collins, one of the most ex- of the Union Address that antibiotic conditions from cancer to Alzheimer’s resistance is one of the world’s most traordinary doctors in America, heads are touching more and more lives, and up the NIH, and he said: This, Senator, pressing public health challenges. In the need for medical breakthroughs has the United States alone, it costs us at will make a difference. never been greater. These funds would go to four institu- least $20 billion a year and claims Back in Illinois I had the pleasure of tions: the National Institutes of 23,000 lives. visiting the lab of legendary researcher Health, the Centers for Disease Control A plastic storage crate filled with Dr. Janet Rowley at the University of and Prevention, the Department of De- backyard dirt might seem like an un- Chicago. She was an inspiration. I wish fense health programs, and the VA likely source for a breakthrough, but I could have met her. Four decades ago, Medical and Prosthetic Research Pro- that is exactly where these scientists— sitting at her dining room table in gram. who were working under a grant from Hyde Park in Chicago, she had what The American Cures Act will make the National Institutes of Health—dis- she called an ‘‘oh wow’’ moment—a funding for lifesaving medical research covered this potentially lifesaving flash of insight that transformed the less political and more predictable. medical breakthrough. world’s understanding of cancer. Until I thank my colleagues, Senators Scientific breakthroughs are nothing that moment it was generally assumed SHERROD BROWN, AMY KLOBUCHAR, BAR- new for the United States of America. genetic abnormalities were the result BARA BOXER, ED MARKEY, BEN CARDIN, In the last century we split the atom, of cancer. Dr. Rowley’s work showed it AL FRANKEN, BOB CASEY, and CHUCK defeated polio, conquered space, cre- was the other way around; that genetic SCHUMER, as well as Congresswoman ated the Internet, and mapped the mutations in fact caused cancer. That ANNA ESHOO for cosponsoring and spon- human genome. All of those historic revolutionary insight led to targeted soring this legislation. People may achievements had something in com- drug treatments for previously un- have seen the old bumper sticker that mon with the discovery of treatable cancers. What family—what said: If you think education is expen- teixobactin—they were backed by U.S. family on Earth—has not been touched sive, try ignorance. Well, if you think Government research funds. by cancer? biomedical research is expensive, try I have people come up to me in Illi- Janet Rowley was working under a illness. nois and say: Name one thing this gov- small grant from the National Insti- Medical research is a great invest- ernment has ever done. Well, aside tutes of Health when she made this his- ment. Every $1 we spend generates over from winning a few wars that were toric finding. One of the parts of her $2 in economic growth. We more than critical to the future of mankind, we story I love is when she and her family double our investment and that is be- have done amazing things when it returned to Chicago in 1962, Janet told fore counting the value of diseases comes to research. the University of Chicago she would cured. For generations the United States like to come back to continue her re- Dr. Anthony Fauci, a brilliant epi- was the unchallenged world leader in search with a couple of conditions. She demiologist who heads the National In- support of scientific research, but in said: I am a mother of four boys. I can stitutes of Allergy and Infectious Dis- recent years our lead has eroded. In only work part time. Second, she want- eases, said of the discovery of 1965 the United States spent 25 percent ed a microscope, a desk, and a salary. teixobactin: ‘‘That was a long shot— of our nondefense discretionary budget She asked for $5,000 a year. To its ever- but it worked.’’ on research and development—1965, 25 lasting credit, the University of Chi- That was also true with the polio percent; today, 10 percent. cago said yes. Ten years later came her vaccine, discovered 60 years ago by Dr.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S745 Jonas Salk, and so many other Amer- nal aliens and provides increases for in- did that 2 years ago when we passed a ican cures and breakthroughs that vestigations to help combat human comprehensive immigration reform bill have changed the world. Private indus- trafficking, cyber crime, child exploi- with 68 bipartisan votes. But this is not try doesn’t fund this sort of basic tation, and drug smuggling. the time for us to have this debate. foundational science. It can’t. This The bill provides support for the Se- We need to fund the Department of kind of science takes patience and time cret Service and congressional over- Homeland Security now so they can and a lot of investment. sight, including $25 million to address continue to do their work. We can ei- America is blessed with some of the security needs at the White House com- ther pass a clean bill that makes crit- best and most generous medical philan- plex. ical investments in our Nation’s secu- thropies in the world, but they can’t The bill provides more than $10 bil- rity or we can put our Nation at risk fill this funding gap. Only we can do it. lion for the Coast Guard. This includes by playing politics with funding for the It takes our government to fund the additional resources to continue the re- Department of Homeland Security. science that leads to breakthrough capitalization of the Coast Guard fleet. I appreciate what the Appropriations cures. This shouldn’t be a partisan The bill provides funding for the Dis- Committee chairman, Senator COCH- issue, and it shouldn’t be a low-budget aster Relief Fund. When disaster RAN from Mississippi, did earlier today priority. I think it should be the high- strikes, it is important that the Dis- by coming down and laying out what is est. aster Relief Fund contain the resources in the funding for the Department of I ask my colleagues to join me in necessary to support an effective re- Homeland Security and laying out the supporting the American Cures Act to sponse. important work of the Department of help save lives, restore biomedical re- The bill also includes House amend- Homeland Security. I believe most of search leadership, and strengthen ments designed to reverse the Presi- us appreciate the work they do and America. dent’s unilateral actions on immigra- why it is so important to the safety As Jonas Salk, the pioneer of the tion enforcement. Given the timing and security of the country. That is polio vaccine, would say: ‘‘The only and breadth of the President’s actions why we need to pass a clean bill to en- way we can lose is if we stop too soon.’’ and the challenge to congressional au- sure that they are funded for the rest Mr. President, I yield the floor. thority those actions represent, it can of this year. I suggest the absence of a quorum. come as no surprise that they provoked For those who are in the Senate The PRESIDING OFFICER (Mr. COT- a congressional response. Chamber and for those watching at TON). The clerk will call the roll. I am speaking to remind Senators of home who have not been following The assistant legislative clerk pro- the urgent and important need we have what has gone on here in Washington ceeded to call the roll. for the adoption of funding for the De- with this bill, I will provide a little his- Mr. COCHRAN. Mr. President, I ask partment of Homeland Security and tory on how we got to where we are unanimous consent that the order for other provisions this bill contains. I today. the quorum call be rescinded. urge my colleagues and the leadership In the closing weeks of the 113th Con- The PRESIDING OFFICER. Without to help ensure that we move the Senate gress, Senator MIKULSKI, then chair of objection, it is so ordered. in the direction of early passage after the Senate Appropriations Committee, thorough consideration of the provi- f and Congressman ROGERS, chair of the sions of this bill, the passage of this DEPARTMENT OF HOMELAND House Appropriations Committee, ne- bill to protect our national security. SECURITY FUNDING gotiated spending for the entire gov- I suggest the absence of a quorum. ernment, including the Department of Mr. COCHRAN. Mr. President, I was The PRESIDING OFFICER. The Homeland Security. This was a com- very disappointed yesterday that the clerk will call the roll. promise measure. Not everyone got Senate did not vote to proceed to the The assistant bill clerk proceeded to what they wanted, but the bill funded consideration of the Homeland Secu- call the roll. rity appropriations bill. I hope we will Mr. LEE. Mr. President, I ask unani- Homeland Security priorities at levels have an opportunity to reconsider that mous consent that the order for the that would ensure that the Department vote and we will agree to take up the quorum call be rescinded. could fulfill its mission. bill. The PRESIDING OFFICER. Without Then, sadly, politics came into play. The need to fund the Department of objection, it is so ordered. Some Members of the House Repub- Homeland Security for the remainder (The remarks of Mr. LEE pertaining lican caucus demanded that the Home- of this fiscal year should not be in to the introduction of S. 356 are printed land Security bill be removed from the question. We know that we are living in today’s RECORD under ‘‘Statements larger budget because of immigration in a complex world with ever-changing on Introduced Bills and Joint Resolu- issues. They didn’t like the President’s threats to our Nation’s security. The tions.’’) Executive action on immigration. Now Department that we created specifi- Mr. LEE. I suggest the absence of a the entire Department is funded on a cally to combat those threats will op- quorum. short-term basis through February 27, erate better and more efficiently with The PRESIDING OFFICER. The which is just 23 days from now. a full-year funding plan that reflects clerk will call the roll. Last month the House of Representa- updated spending priorities. I have The assistant bill clerk proceeded to tives narrowly passed a bill to fund heard no Senator dispute that. call the roll. Homeland Security, but they added po- The leaders of the Homeland Secu- Mrs. SHAHEEN. Mr. President, I ask litically divisive language that rolls rity Subcommittee—both Democrat unanimous consent that the order for back protections for immigrant chil- and Republican—put a great deal of ef- the quorum call be rescinded. dren, among other anti-immigrant fort into drafting this measure. The The PRESIDING OFFICER. Without measures. It also would roll back some bill provides $10.7 billion for Customs objection, it is so ordered. of the efforts for surveillance and ef- and Border Protection—an increase of Mrs. SHAHEEN. Mr. President, as we forts to address illegal immigrants who $119 million over fiscal year 2014. This continue this debate on funding for the are committing crimes when they amount will support border infrastruc- Department of Homeland Security, we come into this country. ture, technology needs, roads, air and face some fundamental questions. Are Because of these controversial immi- marine assets, and higher levels of per- we going to prioritize the safety and gration riders, President Obama imme- sonnel, including Border Patrol agents security of the American people or are diately announced that he would veto and Customs and Border Patrol offi- we going to put the country at risk be- the House-passed bill. Last week, the cers. cause of an ideological disagreement? entire Democratic caucus of the Senate The bill provides nearly $6 billion for That is the choice we face with this signed a letter to Majority Leader Immigration and Customs Enforce- bill. MCCONNELL urging him to put the secu- ment—an increase of 13 percent. We can debate immigration. I think rity of our Nation first, to put politics The bill provides increased funds to Members of the Democratic caucus aside, and to work with us to pass a identify, apprehend, and remove crimi- would be happy to do that. The Senate clean Homeland Security funding bill

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S746 CONGRESSIONAL RECORD — SENATE February 4, 2015 without controversial immigration rid- Gary C. Peters; Al Franken; Barbara Intelligence is also about the dis- ers attached—to pass a bill the Presi- Boxer; Tom Udall; Michael F. Bennet; ciplined daily tasks of collecting and dent can sign. Martin Heinrich; Bill Nelson; Jeff analyzing thousands of reports and in- I ask unanimous consent to have the Merkley; Robert P. Casey, Jr.; Joe vestigations that are ongoing all across Manchin, III; Maria Cantwell; Joe Don- letter from the Senate Democratic cau- nelly. our country—from our local and State cus printed in the RECORD. police, our Border Patrol agents, our Mrs. SHAHEEN. Cloture was not in- There being no objection, the mate- port security personnel, and our Coast voked on the House bill. We saw that rial was ordered to be printed in the Guard patrolling our shores. yesterday in our vote. It is a bill that RECORD, as follows: cannot become law. There are only 24 The Department of Homeland Secu- U.S. SENATE, days left before funding for the Home- rity takes these thousands of bits of in- Washington, DC, January 27, 2015. land Security Department expires. formation, sifts out the critical details, Hon. MITCH MCCONNELL, The House bill cannot move forward. coordinates with our foreign intel- Senate Majority Leader, The Capitol, Washington, DC. So I urge my colleagues on the other ligence agencies, and gets critical in- DEAR MAJORITY LEADER MCCONNELL: As we side of the aisle to work with us to pass formation to our first responders on rapidly approach the date on which the De- a clean full-year budget, without con- the ground as quickly as possible. This partment of Homeland Security’s funding ex- troversial riders, to fund Homeland Se- work is critical to keeping our Nation pires, and as law enforcement officials face curity. safe from terrorism. major threats to our nation’s safety and se- As the ranking member of the Home- One of the chief criticisms of the 9/11 curity, we write with one simple request: land Security Subcommittee, I am report was that we need to improve in- work with us to pass a clean bill that funds ready to work with my colleague Sen- Homeland Security for the remainder of the telligence information sharing between ator HOEVEN, who chairs the Sub- fiscal year. the intelligence community and our The House bill cannot pass the Senate. committee on Homeland Security, and first responders on the ground. Democratic Leader Harry Reid has called for the chair and ranking member of the Appropriations Committee, Senator I was Governor on September 11. I a clean funding bill for the Department of know some of the challenges that we Homeland Security. The President has also COCHRAN and Senator MIKULSKI, and made clear that he will veto any bill that ex- the entire committee to pass a bill to had in New Hampshire with that infor- pressly limits his authority to exercise pros- keep our Nation safe and to avoid dis- mation sharing. Well, that is one of the ecutorial discretion on immigration matters. rupting the work of the Department of missions the Department of Homeland While we agree our current immigration sys- Homeland Security and to keep this Security was created to carry out. tem needs comprehensive reform, including critical agency operating at full If you talk to Governors and mayors, border security enhancements, this appro- police chiefs and sheriffs, and the folks priations bill is not the place for this debate. strength. In fact, Senator MIKULSKI In light of recent events in Paris, Ottawa and I introduced a bill last week, S. on the ground who are responsible for and Australia, the threat of ISIS and the 272, which would do exactly that. keeping our citizens safe every day, proliferation of foreign fighters that return We live in dangerous times. Every ask them about their fusion centers. home radicalized, DHS funding should not be day new threats emerge that threaten Ask them whether they want their law tied to divisive political issues that could our citizens at home and our allies enforcement to go back to the days jeopardize this critical funding. abroad. The Department of Homeland when all of our intelligence was bottled We are now four months into the fiscal Security’s role in protecting our coun- up in Washington, DC, and our towns year. A series of short-term continuing reso- and cities were on their own. Of course lutions to fund DHS should be off the table. try from these threats cannot be over- Secretary Jeh Johnson has noted that if DHS stated, and its funding should not be they don’t want to go back to being continues to operate on CRs, counterter- controversial. kept in the dark. There is too much at rorism efforts will be limited, border secu- Right now the U.S. law enforcement stake, but that is what could happen if rity initiatives and grants to state and local community is on high alert for terror the Department of Homeland Security law enforcement will go unfunded, and avia- threats after attacks in Sydney, Aus- is not fully functioning. tion security efforts will be hampered. tralia, and Ottawa, Canada, and, of I wish to point out that we received Every day, new threats emerge that endan- course, the Charlie Hebdo attack in ger our citizens at home and our allies a letter from the U.S. Conference of Paris. Mayors. It is signed by Tom Cochran, abroad. We should not cast doubt on future Just 2 weeks ago, an Ohio man was funding for the Department of Homeland Se- CEO and executive director. He sent it curity at a time when the entire nation arrested when authorities discovered to Senators COCHRAN, MIKULSKI, should be marshalling collective resources to he was plotting to blow up the U.S. HOEVEN, and SHAHEEN. I will not read defend against terrorism. Uncertainty under- Capitol in an ISIS-inspired plan. ISIS the whole letter, but they point out a mines security. has thousands of foreign fighters, in- number of issues which I believe are Last December, House and Senate nego- cluding Americans among their ranks, important in laying out the challenge tiators reached a bipartisan agreement on a who can return to their home countries bill to fund DHS for the entire fiscal year. and why we need to pass a clean fund- to do harm and who say they intend to ing bill. The best way to provide certainty and sta- do that. bility for the men and women who fulfill Mr. Cochran says: DHS’s mission to protect the United States We were all horrified yesterday by from harm is to immediately schedule a vote the news of the courageous Jordanian I write on behalf of the nation’s mayors to so that this compromise bill can become law. pilot who was killed in such a barbaric urge you to expeditiously report out a We know that you share our desire to keep and disgusting way by the Islamic ‘‘clean’’ bill to fund the Department of our nation safe in these dangerous times, State. Homeland Security for the remainder of the and we thank you for considering our re- We have recently learned that ISIS current fiscal year. A fully functioning De- quest. plans to take advantage of the Syrian partment of Homeland Security is critical to Sincerely, the security of our nation, our cities, and our refugee crisis and to move their fight- citizens. A Department operating on a short- Jeanne Shaheen; Richard J. Durbin; ers into Turkey and Europe. These are Patty Murray; Elizabeth Warren; Ed- term continuing resolution, despite its best ward J. Markey; Dianne Feinstein; real threats. They are a clear and efforts, faces uncertainty and delays and Heidi Heitkamp; Barbara A. Mikulski; present danger to this country, and be- simply cannot be fully functioning. cause they are so real, we need our Charles E. Schumer; Debbie Stabenow; He goes on to elaborate a number of counterterrorism intelligence commu- Thomas R. Carper; Tammy Baldwin; the important programs and important Mazie K. Hirono; Patrick J. Leahy; nity operating at full strength. An es- work that the Department of Home- Angus S. King, Jr.; Mark R. Warner; sential part of our Nation’s counterter- land Security does, and I will not read Richard Blumenthal; Bernard Sanders; rorism and intelligence infrastructure all of that. Sheldon Whitehouse; Benjamin L. is within the Department of Homeland Cardin; Christopher Murphy; Kirsten E. Security. I ask unanimous consent that this Gillibrand; Jack Reed; Sherrod Brown; letter be printed in the RECORD. Robert Menendez; Christopher A. As Michael Chertoff, George W. Coons; Brian Schatz; Ron Wyden; Bush’s Secretary of Homeland Security There being no objection, the mate- Tim Kaine; Cory A. Booker; Jon Tester; said, ‘‘intelligence is not only about rial was ordered to be printed in the Amy Klobuchar; Claire McCaskill; spies and satellites.’’ RECORD, as follows:

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THE UNITED STATES grams at the U.S. Department of Homeland and the Urban Areas Security Initiative CONFERENCE OF MAYORS, Security (DHS) and the Federal Emergency which help support local government prep- Washington, DC, February 4, 2015. Management Agency (FEMA) that support arations for the continued threat of ter- Hon. THAD COCHRAN, Chairman, state and local emergency management pro- rorism. Funding is needed to sustain cur- Hon. BARBARA MIKULSKI, Ranking Member, grams. These programs are critical to pre- rently established and critical programs. Committee on Appropriations, U.S. Senate, paring our nation for all hazards including We respectfully urge that full year funding Washington, DC. terrorist attacks. be provided for FY 2015 to end the uncer- Hon. JOHN HOEVEN, Chairman, Again, they go on at length, and I tainty. Hon. JEANNE SHAHEEN, Ranking Member, ask unanimous consent to have this Sincerely, Subcommittee on Homeland Security, Committee JOHN ‘‘RUSTY’’ RUSSELL, on Appropriations, U.S. Senate, Wash- letter printed in the RECORD. President, Inter- ington, DC. There being no objection, the mate- national Association DEAR SENATORS COCHRAN, MIKULSKI, rial was ordered to be printed in the of Emergency Man- HOEVEN, AND SHAHEEN: I write on behalf of RECORD, as follows: agers, U.S. Council. the nation’s mayors to urge you to expedi- INTERNATIONAL ASSOCIATION OF Mrs. SHAHEEN. There are any num- tiously report out a ‘‘clean’’ bill to fund the EMERGENCY MANAGERS, ber of reasons why we need to pass a Department of Homeland Security for the re- Falls Church, VA, February 4, 2015. mainder of the current fiscal year. A fully clean funding bill for the Department Hon. THAD COCHRAN, of Homeland Security. We should be functioning Department of Homeland Secu- Chairman, Committee on Appropriations, U.S. rity is critical to the security of our nation, Senate, Washington, DC. working to do that now. We should stop our cities, and our citizens. A Department Hon. BARBARA MIKULSKI, the ideological debate and focus on the operating on a short-term continuing resolu- Vice Chairwoman, Committee on Appropria- risk to this country if we fail to act, tion, despite its best efforts, faces uncer- tions, U.S. Senate, Washington, DC. the potential risk we would face by tainty and delays and simply cannot be fully DEAR CHAIRMAN COCHRAN AND VICE CHAIR- passing a continuing resolution, and functioning. WOMAN MIKULSKI: The International Associa- Under its current short-term continuing the risk to this country if we shut tion of Emergency Managers—US Council resolution, DHS cannot undertake any new down the Department of Homeland Se- appreciates the work of your committee as spending initiatives to respond to national curity. None of those options are ac- you consider the FY 2015 budget for the De- needs, including those along the border, or partment of Homeland Security. The na- ceptable. release any grant funding for non-disaster tion’s local emergency managers urge you to We need to work together and get programs. Among the non-disaster programs include full-year funding for programs at the this done. I urge my colleagues to do it funds are the State Homeland Security U.S. Department of Homeland Security that. Grant Program and the Urban Areas Secu- (DHS) and the Federal Emergency Manage- rity Initiative, which provide vital resources I thank the Presiding Officer. ment Agency (FEMA) that support state and to our cities to help them prevent and pre- The PRESIDING OFFICER. The Sen- local emergency management programs. pare for the threat of a terrorist attack. The ator from Washington. These programs are critical to preparing our Urban Search and Rescue System is a na- nation for all hazards including terrorist at- f tional resource that provides lifesaving aid tacks. to disaster-stricken communities both at NET NEUTRALITY The Emergency Management Performance home and abroad. The Assistance to Fire- Grant (EMPG), called ‘‘the backbone of the Ms. CANTWELL. Mr. President, I fighter Grant programs help local fire de- nation’s emergency management system’’ in rise today to discuss the importance of partments meet their baseline readiness an Appropriations Conference Report, con- the issue of Net neutrality and the im- needs. Emergency Management Performance stitutes the only source of direct federal Grants help to fund the emergency managers portance of it to our innovation econ- funding for state and local governments to so critical to our preparedness to prevent omy. provide basic emergency coordination and and respond to disasters when events—man- The Internet is a $638 billion eco- planning capabilities including those related made and natural—occur. nomic force, and according to the to homeland security. The grant is 50–50 cost Homeland Security Secretary Jeh Johnson shared and supports state and local govern- McKinsey Global Institute, it supports recently listed just a few of the activities ment initiatives for planning, training, exer- millions of jobs across our Nation. Set- vital to public safety and security that the cises, public education, as well as response ting the right policy for the Internet is Department has funded, including new com- and recovery coordination during actual munications equipment for over 80 Los Ange- critical for the continuation of Amer- events. When a coordinated response is re- les area public safety agencies, surveillance ican job creation in an innovation quired, it is always a complex undertaking. cameras and environmental sensors used by economy. Local emergency management is core to the NYPD to detect in real time potential ter- Over the next 24 hours, FCC Chair- coordination and collaboration of multiple rorist activity, upgraded oxygen masks and man Tom Wheeler is expected to an- agencies, jurisdictions, and sectors. tanks for over 30 Denver area; and 150 fire- A recent example of the importance of nounce strong Net neutrality standards fighter jobs in Detroit. EMPG is provided by Dr. Russell Decker, Di- to support the growth of this innova- The current threat environment is serious, tion economy. given the terrorist attacks in Paris, Ottawa rector of Emergency Management and Home- and Sydney and public calls by terrorist or- land Security for Allen County Ohio. According to news reports, the FCC ganizations for further attacks on the West- In the case of our January 10 refinery ex- will establish clear rules of the road to ern targets. It’s vital that Congress provide plosion and fire, EMPG funds made a suc- ensure that no content is blocked and stable funding for the remainder of the year cessful response possible with trained emer- that the Internet cannot be divided to the agency charged with keeping all of us gency managers and our public safety part- into fast and slow lanes. This an- ners implementing response plans developed safe and secure, the U.S. Department of nouncement would set a clear frame- Homeland Security. and trained through EMPG funding, hazard materials response and air monitoring equip- work for the innovation economy and Sincerely, the millions of jobs that depend on it TOM COCHRAN, ment funded through State Homeland Secu- CEO and Executive Director. rity Grant Program funds ensured the safety across our Nation. It would make a of responders and nearby residents. I’d hate game-changing milestone for American Mrs. SHAHEEN. Mr. President, I will to think what could have been the outcome innovators and consumers because a also point out a letter we received, if that planning, training, and exercising had comprehensive plan would protect con- which again, was addressed to Senator not occurred. Since many locals rely on sumers while still allowing for flexi- COCHRAN and Senator MIKULSKI. EMPG, extended delays can mean staff lay- The PRESIDING OFFICER. The Sen- offs or delays in filling vacancies, postponed bility of business growth and invest- ator’s time has expired. training exercises, delays in plan revisions ment and making sure that American Mrs. SHAHEEN. Mr. President, I ask and also delays in acquisition of needed consumers and innovators are pro- unanimous consent to speak for 3 more equipment for EOCs which could mean in- tected. minutes. creased costs when funds do become avail- The Commission is expected to vote The PRESIDING OFFICER. Is there able. on this rule later this month, and I The delay in receiving this annual EMPG objection? hope that all of our colleagues will be funding causes uncertainty for local govern- paying attention to this decision be- Without objection, it is so ordered. ments. Some preparedness activities must be Mrs. SHAHEEN. This is from emer- put on hold until the reimbursement is as- cause this decision is not just whether gency managers, and it says: sured. I can download or use Netflix, it is The nation’s local emergency managers Also important are grant programs such as really about equal access to the mar- urge you to include full-year funding for pro- the State Homeland Security Grant Program ketplace. It is about how the future

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S748 CONGRESSIONAL RECORD — SENATE February 4, 2015 success of these innovators are deter- up to a payroll of $558 billion. In the place in our country? They are taking mined. Seattle metropolitan area alone, from place on the border of the Southwest, Over the last few years, we have been 2009 to 2014, there were 433 different in the Presiding Officer’s home State debating the future of the Web, and venture capital deals related to Inter- of Arizona, where our border is porous. that is because broadband companies net companies, totaling nearly $2.6 bil- And because of that, drugs and human have tried to leverage what is to be es- lion. beings are trafficked every single day. tablished as a two-tier Internet—those All of this growth in the Internet That should stop. with fast lanes because of their ability economy relies on an open Internet. The No. 1 issue when we debated the to pay more and slow lanes for those That means no blocking, no throttling Department of Homeland Security bill who can’t pay more. of these priorities. That is why I sup- in 2005 was to put in a trigger to ensure I believe the President did the right port strong net neutrality rules. They that no changes in immigration law thing. He called on the FCC to make need to be responsible and efficient. took place until we first secured the the right decision when it comes to the I thank Chairman Wheeler for his border. Internet and protecting it from cable leadership in setting up strong rules. I The border is still not secure. We are companies who want to overcharge or hope this information on the Web con- trying. I commend our brave soldiers slow down connections. The FCC seems tinues to be one of our great economic and the State of Arizona, as well as to be willing to make the right call, by engines and continues job development Fort Huachuca, one of the beacons of protecting consumers and the Internet, here in the United States. the drones that are flying on the bor- under a new order which, just like a A strong net neutrality rule is the der with Mexico to try to identify peo- utility, would give consumers the abil- best tool in the toolbox for preserving ple coming in, but we haven’t done ity to be protected from bad service or the openness of the Internet today. It enough. exorbitant fees. At this point in time, will go a long way to help us continue We should bring the Department of that is what we need to do to protect our economic prosperity. Homeland Security bill to the floor. We consumers. I thank the Presiding Officer, and I should make sure the funding for the According to the news reports, Chair- yield the floor. Department of Homeland Security is man Wheeler will announce a plan to The PRESIDING OFFICER (Mr. sufficient to secure our border. We will use the FCC authority in the most FLAKE). The Senator from Georgia. find our differences and we will debate comprehensive way to protect Net neu- f our differences and we will come to trality, prohibit pay-to-play fast lanes, common ground. But we can’t come to DEPARTMENT OF HOMELAND prohibit blocking and throttling, re- common ground—we can’t resolve our SECURITY FUNDING quire greater transparency for con- Nation’s No. 1 domestic problem—un- sumers, and apply the rules to wireless Mr. ISAKSON. Mr. President, I find less we agree to bring to the floor the broadbands so that smart phones are it tragically ironic that on the same motion to proceed and bring a robust treated just like the browser on your day the Islamic State tragically took debate to the floor of the U.S. Senate. desk. the life and murdered a Jordanian pilot I, as one Member of the Senate, ran This plan would cover what is known that the U.S. Senate failed to get a 60- for this job to be a part of the solution, as the middle mile or Internet traffic vote majority to move to a motion to not someone who would throw up my or the companies that content pro- proceed to debate the most important arms and say we can’t solve the prob- viders, such as Netflix, pay to bring issue facing the United States of Amer- lems so I am going to sit on the side- traffic to cable companies, such as ica. I agree with my colleagues who lines. Let’s get off of the sidelines. Comcast, to connect to you, the end have talked about the dangers of Is- Let’s come to the floor of the Senate. user. These important policies will pro- lamic terrorism, the dangers of porous Let’s vote on the motion to proceed. vide certainty to a startup in business, borders, and all the other dangers we Let’s fully amend and debate the bill. and they will make sure that those have spoken about, but we can’t solve Let’s send the President a bill from a products get equal access. those problems unless we get the bill to unified Congress that says we want a Last month I had a roundtable in Se- the floor and debate it. secure border, we want an immigration attle with several startups and experts I was elected in 2004. The No. 1 issue policy that works, and we want to once on Net neutrality, and many of those in my campaign and in the general again be a government of checks and companies relied on the Internet to election was immigration policy in the balances, not a government of Execu- transform their ideas into successful United States of America. Eleven years tive orders. businesses. They explained how the de- later, it is still the biggest domestic I suggest the absence of a quorum. bate affects more than just tech com- issue in the State of Georgia. We still The PRESIDING OFFICER. The panies. They said software is revolu- have a porous border and we know how clerk will call the roll. tionizing every industry, from retail to vulnerable we are. It is time we move The assistant bill clerk proceeded to health care, everything from the way this bill to the floor and fully debate it. call the roll. you pay for your coffee at Starbucks to I know there are differences of opin- Mr. SESSIONS. Mr. President, I ask how you access your own personal ion. I know each one of us would do it unanimous consent that the order for health information. differently. But we are part of a con- the quorum call be rescinded. If we allowed a two-tier system to de- stitutional government to make deci- The PRESIDING OFFICER. Without velop, the big guys would have the abil- sions for our people. We don’t need Ex- objection, it is so ordered. ity to pay more while the smaller cus- ecutive orders dictating what we Mr. SESSIONS. Mr. President, I ask tomers would have disruptions. What should do. We need a House and a Sen- the Chair to please notify me at 9 min- we have done, hopefully with an an- ate to come to common ground, we utes into a 10-minute speech. nouncement today, is to make sure we need a President who will sign a bill, The PRESIDING OFFICER. The Sen- are putting a stake in the ground to and we need a bill to be upheld. We are ator will be so notified. protect consumers. not going to get there until we have de- Mr. SESSIONS. Mr. President, we are The CEO of the Washington Tech- bate on the floor and move forward on in the odd situation by which our nology Industry Association put it best a motion to proceed to debate funding Democratic colleagues are complaining when he said: for the Department of Homeland Secu- that we are blocking funding for the We have a multi-trillion dollar evidence rity. Department of Homeland Security base study that says the current rules of the I just left a Committee on Foreign when the House has passed a bill that game—which mean open, neutral access to Relations hearing on human traf- fully funds the Department of Home- the Internet—work. ficking. We talked about the terrors of land Security. It is sitting at the desk I couldn’t agree more. what is happening in terms of sexual today. The majority leader, Senator Our innovation economy depends on abuse, sexual trafficking, child labor, MCCONNELL, has moved to proceed to equal access for all ideas. The proof is minority labor—all of those horrors that bill, and they are blocking it. Sen- in the numbers. Over 6 million U.S. that are taking place. Do my col- ator MCCONNELL moved to invoke clo- jobs are tied to the Internet. That adds leagues know where they are taking ture on the motion to proceed—to just

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S749 get on the bill—and he has indicated, My friend and able Member of this land Security bill—without language as he has before, that there would be Senate, Senator DURBIN, the Demo- that would ensure the President com- amendments allowed to the bill. This cratic whip, assistant minority leader, plies with the Constitution, of course— would be the way to move forward with said this last night, yesterday: ‘‘It is and then send it back to the House. an appropriations bill in the regular incredible to me that we have refused Senator SCHUMER is one of our more order. So it is unbelievable, really, that to provide funds the Department of able Members, for sure, in the Senate, our colleagues on the other side of the Homeland Security needs to keep and I respect him and his abilities. But aisle are trying to contend that the America safe.’’ He said: ‘‘It is incred- the answer is this: The House-passed majority Republicans in Congress, in ible to me that we haven’t passed a bill DHS bill is the only vehicle because both Houses, are trying to block fund- that the House sent over here that the House of Representatives would ing from the Department of Homeland fully funds Homeland Security.’’ blue-slip a bill that originates in the Security when nothing could be farther I am not blocking the bill. We want Senate. This is a basic tenet of how a from the truth. to go on the bill. We want to be able to bill becomes law. Article I, section 7, Look at today’s CNN headline. This amend the bill to keep America safe. clause 1 of the Constitution states: is on their Web site: ‘‘Democrats Block Who is blocking it? It is my Demo- All Bills for raising Revenue shall origi- Funding for DHS to Protect Obama’s cratic colleagues. Senator DURBIN is nate in the House of Representatives; but the Immigration Orders.’’ the leader of the blocking game. He is Senate may propose or concur with Amend- Why are they blocking it? To protect the offensive line, the center, I guess, ments as on other Bills. Obama’s immigration orders that are of the offensive line. Over the years, the House of Rep- contrary to Congress’s will, clearly Senator DURBIN goes on to say: resentatives has asserted, and success- overwhelmingly rejected by the Amer- ‘‘There is nothing wrong with a debate fully asserted, that this applied to rev- ican people, and contrary to law. Why over immigration policy.’’ enue spending bills as well. According should Congress fund unlawful activi- That is correct. He continues: ‘‘In to the Congressional Research Service, ties? Why should it fund policies it fact, the Republicans, now in the ma- as a result, the House customarily does not approve of? Why should it jority control of the House and Senate, originates all ‘‘money’’ bills, including fund policies the American people could have started the debate weeks appropriations bills. The Congressional strongly reject? It has no duty to do ago. They didn’t.’’ Research Service states: that. Look, we debated Senator DURBIN’s In practice, the Senate has generally de- Congress is not a potted plant. It is vision. It was rejected by Congress, his ferred to the House’s insistence on origi- not a rubberstamp. Congress has a duty ideas. Many supported the bill in this nating appropriations. to the people, which is to ensure that body. It didn’t come back this fall in Indeed, it has generally deferred be- the laws of this country are followed, part because of their actions on immi- cause they won’t move anything that that the American people have defense gration. doesn’t start over there. They success- for the homeland, with funding for the President Obama had the choice to fully asserted that gray area to their Department of Homeland Security, and go from State to State trying to elect benefit, and perhaps it is consistent they have done that. What they have people to pass his immigration bill, but with the Constitution. said is we are not going to fund actions he either didn’t do it or it didn’t work. My staff has been unable to find a by the Department of Homeland Secu- The American people do not want this single instance where the House took rity that undermine the law. We are kind of legislation. up a Senate-originated appropriations not going to approve money that un- My friend Senator DURBIN said fur- bill in over 100 years, since 1901. dermines the laws of the United States, ther: ‘‘Instead, they attached five rid- The PRESIDING OFFICER. The Sen- and we are not going to allow the ers to the Department of Homeland Se- ator has used 9 minutes. President to take money, which was curity appropriations bill, and they Mr. SESSIONS. I thank the Chair. given to the Department of Homeland said: We will not allow that Depart- Our friends in the House have been Security to enforce the law, so he can ment to be properly funded unless the unequivocal: The Senate must pass the undermine the law. President accepts these five immigra- House bill. Speaker Boehner said, What has the President done with his tion riders.’’ ‘‘Senate Republicans and Senate Demo- Executive orders? It is a stunning ac- This is just a normal bill that says crats must stand together with the tion. He said over 20 times he didn’t how the money is going to be spent. It American people and block the Presi- have the power to do this. He doesn’t is going to be spent for enforcement, dent’s actions.’’ have the power to do what he did. He and we are not going to spend money House Appropriations Committee just did it because political pressure, I to not enforce the law. It doesn’t Chairman HAL ROGERS said the Senate, guess, caused him to do so. He is going change. The bill the House has sent to ‘‘should pass the bill, which funds a to provide legal status, not for chil- us does not change one lawful immigra- very vital national security agency but dren, for 5 million people. They will be tion policy of America, not one. It is also turns back this blanket amnesty given Social Security numbers. Con- the President who adopted a radical which is illegal and unconstitutional.’’ stitutional scholars have told us, col- new immigration policy contrary to That is where we are. The House has leagues, the utilization of the idea of law, contrary to the American people’s sent over the right bill. It does the prosecutorial discretion is not appro- wishes. In fact, quite a number of right thing. It defends the integrity of priate in such a massive way as this. Democrats urged him not to issue such the Congress. It defends the wishes of What I want to tell you is it goes well an order, but he did it anyway. Con- the American people, it defends the beyond prosecutorial discretion. The gress has a duty. policy decision of the Congress of the President is going to provide a Social Senator DURBIN talks about the United States, and prohibits the Presi- Security number to people who are un- DREAM Act that he offered. It had a dent from doing what he himself said lawfully here. He is going to provide a chance for passage a number of times. over 20 different times he did not have photo ID for people who are unlawfully But every time it was carefully read, it the power to do. Professor after pro- in America, providing work permits for was an overreach. It went too far. But fessor and historians have said the them, the right to participate in the the point of which is it was rejected by President doesn’t have the power to do Medicare and the right to receive Congress. Congress didn’t pass that. it. If the President can do this, if he checks from the Federal Government We need to be clear about who is ob- can execute laws Congress has rejected, in the form of earned income tax credit jecting to what in this body, who wants what will he be able to do in the fu- to the tune of billions of dollars. to fund Homeland Security and who ture? One of the first things we do to try to wants to advance a radical, unlawful, The PRESIDING OFFICER. The Sen- establish a lawful system of immigra- unpopular amnesty agenda the Amer- ator’s time has expired. tion is not provide financial benefit to ican people don’t like. Mr. SESSIONS. Mr. President, I people who come to the United States Yesterday on the floor Senator SCHU- thank the Chair, and I yield the floor. unlawfully. So this is a problem. I have MER asked if it wasn’t possible for the The PRESIDING OFFICER. The Sen- to say it is a big problem. Senate to pass a Department of Home- ator from Vermont.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S750 CONGRESSIONAL RECORD — SENATE February 4, 2015 Mr. SANDERS. Mr. President, I ask Earth, and 40 million Americans still its wealth. So the top 1 percent in re- unanimous consent to speak for up to have zero health insurance. cent years sees an $11.5 trillion in- 20 minutes. In the midst of this tragic decline of crease in wealth, while in roughly the The PRESIDING OFFICER. Is there the American middle class, there is, same period the middle class sees a objection? however, another reality. The wealthi- $10.7 trillion decrease in wealth. Without objection, it is so ordered. est people and the largest corporations This $11.5 trillion transfer of wealth f are doing phenomenally well. The re- from the middle class to the top 1 per- sult: The United States today has more THE ECONOMY cent over a 5-year period is one of the income and wealth inequality than at largest such transfers of wealth in our Mr. SANDERS. Mr. President, the any time since the Great Depression. country’s history. Here is my point. good news is the country has made sub- Today the top one-tenth of 1 percent This is not just a moral issue, although stantial economical progress in the own almost as much wealth as the bot- it is a profound moral issue—and Pope last 6 years since President Bush left tom 90 percent. Let me repeat that be- Francis, by the way, deserves a lot of office. Instead of losing 800,000 jobs a cause that truly is a startling fact. credit for talking about this issue all month as we were during the final Today the top one-tenth of 1 percent— over the world. Are we satisfied as a months of the Bush administration, we which is what this chart talks about— nation when so few have so much and are now creating some 250,000 jobs a owns almost as much wealth as the so many have so little? Are we satisfied month and have seen steady job growth bottom 90 percent. with the proliferation of millionaires over the last 58 months. Today 1 family—the Walton family, and billionaires, at the same time as Instead of having a record-breaking owners of Walmart—owns more wealth we have millions of children living in $1.4 trillion deficit as we did when than the bottom 40 percent of the poverty? Is that what America is sup- President Bush left office in January American people, some 120 million posed to be about? That is the moral 2009, the Federal deficit has been cut Americans. component of this debate. by more than two-thirds. Today the 10- I don’t believe most of our people But this is not just a moral issue. It year deficit projection is now $5.5 tril- think this is what the American econ- is also a fundamental economic issue. lion lower than what the projections omy should be about. In fact, this is As we know, 70 percent of our economy were back in 2010. not an economy for a democracy. This is based on consumer spending. When Six years ago the world’s financial is what oligarchy is all about. One- working people do not have enough in- system, as we all remember, was on the tenth of 1 percent owning almost as come, enough disposable income, they verge of collapse. Today that is not the much wealth as the bottom 90 percent, are unable to go out and buy goods and case. In fact, some might suggest that 1 family owning the equivalent of what services that they would like or that Wall Street is doing too well. 131 million Americans own, that is they need. The so-called job creators While we can take some satisfaction wealth. In terms of income—which is that my Republican friends often refer as to what has been accomplished in what we make every year—what we to are not the CEOs of the large cor- the last 6 years, one would be very have seen in the last number of years porations. naive not to appreciate there is also a since the Wall Street crash is virtually The CEOs of large corporations can- lot of very bad news in our economy, all new income is going to the top 1 not sell their products or services un- especially for working families. percent. less people have the income to buy Most significantly, the simple truth Last year—just as one example—the them. Someone can come up with the of the matter is the 40-year decline of top 25 hedge fund managers earned greatest product in the world, but if the American middle class continues. more income than 425,000 public school people do not have the money, they are Real unemployment is not 5.6 percent— teachers. Does anybody believe that not going to sell that product, they are including those people who have given makes sense? Twenty-five hedge fund not going to hire workers to produce up looking for work or people who are managers making more income than that product. working part time when they want to 425,000 public school teachers. That gap The truth is that the real job cre- work full time—it is over 11 percent. between the very rich and everybody ators in this country are those millions Youth unemployment—something we else is growing wider and wider and of people who every single day go out almost never talk about in this coun- wider. and purchase goods and services, but if try—is a horrendous 17 percent, and Af- The fact is that over the past 40 they do not have adequate income, the rican-American youth unemployment years, we have witnessed an enormous entire economy suffers. There was a is over 30 percent. It is totally unac- transfer of wealth from the middle very interesting article, I believe it ceptable. class to the top 1 percent. In other was yesterday or today, in the Wall Real median family income has de- words, what we are seeing in our econ- Street Journal, written by Nick clined by nearly $5,000 since 1999. All omy is the Robin Hood principle in re- Timiraos and Kris Hudson, talking over this country—in Vermont and in verse. We are taking from the poor and about how a two-tier economy is re- every other State in this country—we the working families and transferring shaping the U.S. marketplace. have people working longer hours for that income and wealth to the very What they talk about is: lower wages. We have husbands and wealthy. wives working 50, 60 hours a week just From 1985 to 2013 the share of the Na- It is a tale of two economies. to pay the bills. Incredibly, despite tion’s wealth going to the middle class Said Glenn Kelman, chief executive huge increases in productivity, in tech- has gone down from 36 percent to less of Redfin, a real estate brokerage in nology, and all of the global economy than 23 percent. If the middle class had Seattle. we hear so much about, the median simply maintained the same share of There is a high-end market that is abso- male worker now earns $783 less than our Nation’s wealth as it did 30 years lutely booming. And then there’s everyone in he did 42 years ago. Let me repeat that. ago, it would have $10.27 trillion more the middle class. They don’t have much hope That American male worker right in in cumulative wealth than it does of wage growth. the middle of the economy now earns, today. Almost $11 trillion would have The article continues. after inflation adjusted for wages, $783 stayed with the middle class but has Indeed, such midtier retailers as J.C. less than he did 42 years ago. The fe- disappeared since 1985. Penney, Sears and Target have slumped. male worker right in the middle of the But while the middle class continues ‘‘The consumer has not bounced back with economy now makes $1,300 less than to shrink, while millions of Americans the confidence we were looking for,’’ Macy’s she made in 2007. are working longer hours for low chief executive Terry Lundgren told inves- When you ask why people are angry, wages, while young people cannot af- tors last fall. why people are stressed, why people are ford to go to college or leave school I ask unanimous consent that the ar- frustrated, that is exactly why. Fur- deeply in debt, while too many kids in ticle be printed in the RECORD. ther, this country continues to have, this country go hungry, we have seen, There being no objection, the mate- shamefully, the highest rate of child- since 2009, that the top 1 percent has rial was ordered to be printed in the hood poverty of any major country on experienced an $11.5 trillion increase in RECORD, as follows:

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S751 [From the Wall Street Journal, Jan. 28, 2015] At the high end, Whole Foods Market Inc. re- Young households have been slow to buy HOW A TWO-TIER ECONOMY IS RESHAPING THE ported record sales per gross square foot last homes because of the tough job market. U.S. MARKETPLACE year. Many would-be buyers can’t save enough for (By Nick Timiraos and Kris Hudson) ‘‘Demand bifurcated,’’ said Jason Green, a down payment or don’t earn enough to chief executive of the Cambridge Group, a qualify for a mortgage. Student debt holds The advance of wealthy households, while growth strategy firm that is part of Nielsen middle- and lower-income Americans strug- others back. NV. ‘‘The familiar stuff my middle-class A typical household, for example, would gle, is reshaping markets for everything family had in the pantry, those are under need around $60,000 in cash to make a 20% from housing to clothing to beer. significant pressure.’’ down payment on the median-priced new WOODINVILLE, Wash.—Five years ago, In the grocery market’s middle tier, Quadrant Homes churned out starter houses home in the U.S. To qualify for a mortgage, Safeway Inc., the second-largest super- in the Seattle area with an average sales they would need good credit and to show an market chain in the U.S. was purchased last price of $269,000 and the marketing slogan, annual income of about $45,000, assuming lit- year by the private-equity group that owns ‘‘More House, Less Money.’’ tle other household debt. A government-in- But facing a debt-burdened middle class Albertsons, the fifth-largest grocery retailer. sured loan in this example could call for an and rising land prices, Quadrant has since Company officials said the deal would allow $11,000 down payment but would require an exchanged entry-level buyers for customers the companies to reduce costs—and lower annual income of $60,000. free of credit worries and ready to splurge. prices for customers—as they fend off com- Lisa and Nathan Trione are looking for a Its new slogan, ‘‘Built Your Way,’’ accom- petition from low-price outlets and high-end house in Denver big enough for their five panies homes with vaulted ceilings and gour- stores. children. But there is little in their price In the cold case, sales of premium lagers met kitchens that last year sold for an aver- range: $250,000 and under. are up 16% since 2007 after adjusting for in- age price of $420,000. ‘‘We used a lot of mar- ‘‘You’re already intimidated by the proc- flation, while sales of economy brands grew ket research to tell us that our old model ess,’’ said Ms. Trione, a 28-year-old paralegal 8%, according to research firm Euromonitor wasn’t going to work,’’ said Ken Krivanec, and office manager. ‘‘And then you see this International. Sales of midprice beers are Quadrant’s chief executive. huge price, and you say, ‘I’m not ready to do The emergence of a two-tiered U.S. econ- down 1%. that right now.’ ’’ The trend hit auto makers some years ago, omy, with wealthy households advancing Ms. Trione is paying off debt she incurred when BMW AG’s former chief executive while middle- and lower-income Americans while earning her associate degree. She also Helmut Panke described the U.S. market as struggle, is reshaping markets for every- is trying to raise her credit score, which, she an hourglass: lots of demand for budget and thing from housing to clothing to groceries said, fell during a series of early financial luxury brands but little in between. Steve to beer. missteps. ‘‘It’s a tale of two economies,’’ said Glenn Bates, general manager of BMW Seattle for Well-heeled customers, meanwhile, have Kelman, chief executive of Redfin, a real-es- the past 12 years, said new-car sales at his their pick of mortgages. At the same time, tate brokerage in Seattle that operates in 25 dealership were up 25% last year, while used- some banks have pulled back from federally states. ‘‘There is a high-end market that is car sales were flat. The M4 series, a sporty insured loans that allow for smaller down absolutely booming. And then there’s every- coupe priced from $64,000, has been ‘‘selling payments. one in the middle class. They don’t have out as soon as it touches the ground,’’ he ‘‘We would like to build a smaller, higher- much hope of wage growth.’’ said. quality and less-volatile business,’’ Marianne The recession blew holes in the balance Then there are consumers like Vicki Oli- Lake, chief financial officer at J.P. Morgan sheets of all U.S. households and ended a ver, 68 years old, of Temecula, Calif. She Chase & Co., told investors last year. With decadeslong loosening of credit for middle- bought a used Hyundai Sonata last year to fewer potential customers, builders have class borrowers. Now, credit is tight, and in- replace a wrecked 1995 Ford Explorer. Ms. largely abandoned the entry-level market. comes have been flat or falling for all but the Oliver and her husband, a real-estate agent, ‘‘If a builder can make money on something, top 10th of U.S. income earners between 2010 added onto their home two years ago so her he’ll build it. The problem is that they can’t and 2013, according to the Federal Reserve. daughter and son-in-law, a general con- make money at the entry level,’’ said John American spending patterns after the re- tractor, could move in with their family. Burns, of Irvine, Calif., a consultant to build- cession underscore why many U.S. busi- ‘‘That was a way to make things work in ers. nesses are reorienting to serve higher-in- hard times,’’ Ms. Oliver said. Caribbean But rentals, the low-end of the housing come households, said Barry Cynamon, of cruises and trips to Florida are now memo- market, are booming. Apartment construc- the Federal Reserve Bank of St. Louis. Since ries. ‘‘We haven’t done that for years,’’ she tion has neared its fastest pace since 1989. 2009, average per household spending among said. Two of the nation’s largest home builders, The housing market illustrates how weak- the top 5% of U.S. income earners—adjusting Toll Brothers Inc. and Lennar Corp., have ness among middle-class consumers holds for inflation—climbed 12% through 2012, the both launched multifamily construction di- back the U.S. economy. Homes are generally most recent data available. Over the same visions, each with around 5,000 units in the the biggest purchase Americans make. Hous- period, spending by all others fell 1% per pipeline. ‘‘We all wished we had a big apart- ing dollars ripple through the economy by household, according to Mr. Cynamon, a vis- ment portfolio through this downturn,’’ said triggering spending on appliances, furniture iting scholar at the bank’s Center for House- Douglas Yearley, Toll’s chief executive, dur- and landscaping. hold Financial Stability, and Steven Fazzari ing an earnings call last year. of Washington University in St. Louis, who INEQUALITY IN AMERICA With sales plunging in 2009, Quadrant published their research findings last year. For the first time, U.S. builders last year called in a research firm that concluded The spending rebound following the reces- sold slightly more homes priced above more buyers might materialize if the com- sion ‘‘appears to be largely driven by the $400,000 than those below $200,000. As a re- pany built more expensive homes. ‘‘When it’s consumption at the top,’’ Mr. Cynamon said. sult, the median price of new homes exceed- data driven, the courage to make a remark- He and Mr. Fazzari found the wealthiest 5% ed $280,000, a record in nominal terms and 2% able change is easier than when you’re using of U.S. households accounted for around 30% shy of the 2006 inflation-adjusted peak. your gut,’’ said Mr. Krivanec, the company’s of consumer spending in 2012, up from 23% in Total sales last year, however, were up just chief executive. 1992. 1% compared with 2013, and more than 50% Quadrant, a unit of TRI Pointe Homes Inc., Indeed, such midtier retailers as J.C. below their average from 2000 to 2002, before was finishing seven homes per workday in Penney, Sears and Target have slumped. the housing bubble. 2004. They now finish less than two of the ‘‘The consumer has not bounced back with New homes are also getting bigger. The more expensive houses a day. But the share the confidence we were all looking for,’’ median U.S. home was more than 2,400 of buyers who back out of a deal, typically Macy’s chief executive Terry Lundgren told square feet in the third quarter of 2014, a 20% because they can’t get a loan, is down 10% investors last fall. increase from early 2000 and a 10% increase since 2010. To serve more higher-end buyers, In luxury retail, meanwhile: ‘‘Our cus- from the peak of the housing market in 2006. Quadrant opened a design studio two years tomers are confident, feel good about the In Seattle, the median new-home size ago that lets buyers choose from dozens of economy in general and their personal bal- topped 2,500 square feet last year, a record, cabinets, countertops, tiles and flooring. ance sheets specifically,’’ said Karen Katz, according to research firm Metrostudy Inc. Some new buyers spend nearly twice as chief executive of Neiman Marcus Group Since the market hit bottom in 2011, sales of much on such upgrades, the company said, Ltd., last month. Reported 2014 revenues of new homes priced above $600,000 have tripled, which adds to the profitability of home sales. $4.8 billion for the company are up from $3.6 while sales below $400,000 are down 16%, ac- Common design features now include a billion in 2009. cording to CoreLogic DataQuick. Builders walk-in closet and bathroom nearly as big as Revenue for such luxury hotel chains as boost profits selling more expensive homes. the master bedroom. Kitchens have a walk- St. Regis and Ritz-Carlton rose 35% last year But less construction overall means fewer in pantry. compared with 2008, according to market re- new jobs and reduced total spending. On a recent Tuesday afternoon on Little search firm STR Inc. Revenues at midscale ‘‘Over the long haul, I worry that you can’t Bear Creek Place, a cul-de-sac in this Seattle chains such as Best Western and Ramada run our housing market, which depends on suburb, electricians, landscapers and framers were down 1%. volume, on affluent buyers alone,’’ said worked on some 23 Quadrant home sites. On grocery aisles, the recession and its Diane Swonk, chief economist at Mesirow Nearby, Nick and Adriana Stoll unpacked aftermath boosted sales of economy brands. Financial in Chicago. boxes in their new four-bedroom home. The

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S752 CONGRESSIONAL RECORD — SENATE February 4, 2015 home is twice the size of the 1,200–square- Social Security, cut Medicare, cut We need a proworker agenda, not an foot, one-bedroom apartment they rented in Medicaid, cut nutrition programs for austerity agenda which will strangle nearby Bellevue. hungry children, not invest in infra- the middle class of this country even The Stolls customized almost every fea- ture and finish, including hinges on kitchen structure, and then give huge tax more than it is hurting today. cabinets that prevent the doors from slam- breaks for millionaires and billion- I yield the floor. ming shut. ‘‘I’m typically the kind of con- aires. The PRESIDING OFFICER. The Sen- sumer where I make a quick decision,’’ Mr. In other words, more austerity for ator from Vermont. Stoll said. ‘‘But when it comes to your home, the middle class, tax breaks for the Mr. LEAHY. Mr. President, I thank well, we stared at 100 countertops for an wealthy and large corporations. I be- my colleague from Vermont for what hour.’’ lieve that philosophy is wrong for he has said. I would note that there are The Stolls survived the recession and have many reasons, the most important many in our State who agree whole- prospered. Mr. Stoll purchased a Seattle con- dominium in 2008, the day before learning he being that if we want to grow the over- heartedly. We are not a wealthy State. was losing his job at Washington Mutual, the all economy, if we want to create jobs, We are a proud State. We are not a thrift sold to J.P. Morgan after it was seized we have to put money into the hands of State that believes in such a huge dis- by the Federal Deposit Insurance Corp. working people. We do not do that by parity of income. So I thank the Sen- Mr. Stoll changed jobs twice before he was cutting, cutting, cutting, and imposing ator for what he said, not only here but recruited in 2011 to work at a technology more austerity on people who already when he has made similar remarks company. He broke even on the sale of his desperately are hurting. around the country. condo last year. ‘‘Other people encountered A far more sensible approach is to (The remarks of Mr. LEAHY per- problems where maybe it’s student loans or credit cards or car payments,’’ he said, ‘‘and create the millions of jobs that our taining to the introduction of S. 356 are we have none of that.’’ country desperately needs by, among printed in today’s RECORD under The couple put 20% down on their new other things, investing heavily in our ‘‘Statements on Introduced Bills and home, which cost $579,000. Ms. Stoll works as crumbling infrastructure. Last week I Joint Resolutions.’’) a client associate for a large financial serv- introduced legislation that would in- The PRESIDING OFFICER. The Sen- ices company. vest $1 trillion over a 5-year period into ator from Texas. Growth in new home sales this year will rebuilding our crumbling roads and depend, in part, on whether builders revive f bridges, rail, airports, water systems, their interest in first-time buyers. DEPARTMENT OF HOMELAND wastewater plants. Two years ago, D.R. Horton Inc., the na- SECURITY FUNDING tion’s largest home builder, launched Emer- If we do that, we make our country ald Homes, a luxury division. Last year, the more productive, safer, and create up Mr. CORNYN. Mr. President, yester- company rolled out Express Homes, a divi- to 13 million jobs, putting money into day our friends across the aisle sion that pioneered no-frills housing for the the hands of working people. It not blocked—filibustered, really—a $40 bil- entry-level market. Mr. Krivanec, Quad- only will improve their lives, but they lion funding bill that would have paid rant’s CEO, said he doesn’t see a return to will then go out and spend their money the funds necessary to keep the De- his company’s former model. There are partment of Homeland Security run- enough people with good-paying jobs in the in their communities, creating further area—at Boeing, Amazon and Microsoft—to economic growth. That is the direction ning through the rest of this fiscal keep sales going, even it means building we should be going. year. I understand they had some dif- fewer homes. ‘‘We like where we’re at,’’ he We also have to raise wages. People ferences over the content of the legis- said. cannot survive on the starvation min- lation the House passed, but it is unde- Mr. SANDERS. So what we are hear- imum wage imposed at the Federal niable that the House acted responsibly ing—basically what this article tells level of $7.25 an hour. If we raise the by passing this appropriations bill, par- us—is if people’s income is going down, minimum wage over a period of years ticularly at a time of heightened secu- they are not going to Macy’s, they are to $15 an hour, we are going to have rity concerns not only here at home not going to Target. Those stores are billions of dollars go into the hands of but around the world. not hiring workers or are getting rid of people who need it the most, improve Of course, the part that I guess con- workers because the middle class does their lives, allow them to go out and fused me the most is our Democratic not have the income it needs. invest in our economy, spend money friends said: Well, we don’t want to de- Here is a very important point. With- and create jobs. bate the bill, but what we want is a in President Obama’s recent budget— We need pay equity for women work- clean DHS appropriations bill. So they by the way, I think the President’s ers. It is not acceptable that women wanted to get to the end of the process budget is beginning to move us in the are making 78 cents to the dollar for without even starting the process, right direction—there was a very inter- men who are doing the same work. We which strikes me as odd. esting projection that unfortunately need to address the scandal of overtime As I pointed out last week during the got very little attention. Here is the right now, where we have so-called su- Senate debate on the Keystone XL point: Over the last 50 years GDP pervisors at McDonald’s who work 50, Pipeline, Senator DURBIN from Illinois, growth in the United States of America 60 hours a week, but because they are the assistant minority leader, spoke averaged about 3.2 percent. What the so-called supervisors do not get time very sincerely in support of a process President’s budget is suggesting is that and a half. surrounding that bill. We didn’t all more or less over the next 10 years we We need to make college affordable agree that the Keystone Pipeline are going to see 3-percent growth, 3- for all of our workers. In a global econ- should be passed, but we did at least percent—2.7, 2.5, 2.3. For the rest of the omy we need the best educated work- have an open amendment process that decade, 2.3 percent. force in the world, not the one where allowed everyone to express their point The bottom line is, if we continue people cannot afford a higher edu- of view and to get votes on amend- along the same type of economic cation. We need trade policies that ments, up or down, before concluding growth we have had over the previous benefit working people and not just that piece of legislation. I think the 50 years, unemployment would be sub- large multinational corporations, most notable part of that was that we stantially lower, people would be pay- which is why we should defeat the actually had more votes in the Senate ing more taxes, Social Security, among Trans-Pacific Partnership. during the 3 weeks we were on the Key- other programs, would be in much So there is a lot of work that needs stone XL Pipeline than we had all of stronger shape. to be done. But the bottom line is, if last year under the previous manage- The debate we are going to be having we are serious about dealing with the ment. in the Budget Committee—I am the deficit and debt reduction, if we are se- So it was amazing to me to see that ranking member of the Budget Com- rious about growing the middle class, the Democratic leadership—the Senate mittee—are two very different philoso- we need an agenda which creates jobs, minority—worked so hard to marshal phies. Our Republican friends believe raises wages, makes college affordable, their caucus together to block debate in more austerity for the middle class demands that corporate America start on this $40 billion appropriations bill to and working families. Their goal, over investing in this country and not in fund the Department of Homeland Se- a period of months and years, is to cut China. curity, especially considering the

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S753 promise of the Senator from Illinois to I will renew my request from yester- remedy if we don’t have a debate. We continue to work with us to foster an day to Senator REID, the Democratic are not going to find that better rem- open debate process and an open oppor- leader, and ask the assistant minority edy if we don’t come to the floor and tunity on both sides of the aisle to leader to honor his commitment that say: Here is how we think that bill offer good ideas and to put them up for he made when we were debating the should be changed. a vote on how to improve legislation. Keystone XL Pipeline. Please work The action taken last November by It was also amazing to see this out- with us to achieve at least debate on the President was clearly Executive come considering what so many of our the floor, if not some significant legis- overreach. It was an affront, I believe, colleagues on the other side of the aisle lation. But to just throw a fit and say to the rule of law, and it was an affront said last fall when the President made ‘‘We refuse to even start debate on the to the Constitution. Article II, Section his Executive action on immigration. legislation’’ strikes me as more of a po- 3 of the Constitution states that the As I said yesterday—and I want to re- litical move than a legislative solu- President ‘‘shall take care that the peat it again—we are not upset with tion. laws be faithfully executed.’’ That is people who are seeking a better life in So I would ask my friends on the the end of the quote right out of the the United States. All we are asking other side of the aisle, who so boldly Constitution. It couldn’t be clearer— for is a legal process. We are very upset stood up to express their concerns with ‘‘shall take care that the laws be faith- with the President violating his oath of the President’s Executive actions only fully executed.’’ a few short months ago, to again stand office and purporting to make uncon- That is why we call the President the up—this time to their own leadership— stitutional Executive orders. That is Executive. The President’s job is not to and to join us in reining in the Presi- the problem. That is what the House is make the law. The President’s job is dent’s Executive overreach and to not focused on like a laser. not to rule as a court would on the law. hold hostage the $40 billion the House In fact, this President’s actions were The President’s job is to execute the has appropriated to help fund the De- a stunning display of Executive over- law. The question here is: Does the law partment of Homeland Security reach. You don’t have to take my word matter or not? The question here is: through the end of the fiscal year, for it; take his word for it—at least the What do we do when the House of Rep- through September 31. first 22 times he talked about it. He resentatives has passed a spending bill said he didn’t have the authority to do If there are parts of the House bill you don’t like—and there are parts of that would allow the funding for the it 22 different times. U.S. Department of Homeland Security Then there is the view of some of our the House bill that I have concerns over and that I hope we have a chance for the rest of the fiscal year—between colleagues in the minority. For exam- now and September 30—which does try ple, the senior Senator from West Vir- to vote on, but that is the way the House and the Senate are supposed to to stop President Obama’s Executive ginia put it simply last November when amnesty plan? he expressed, I think, the feeling of a relate to one another. The House It appears, if you can believe what lot of Democrats when he said, ‘‘I wish passes legislation, the Senate passes you read that people have said, that a he wouldn’t do it.’’ legislation, and if they are different, This was echoed also in a very then they get reconciled in a con- substantial majority of the Senate straightforward manner by the very ference committee or through a ping- agrees the President shouldn’t have junior Senator from Minnesota, who pong back-and-forth before they go to done what he did. So what is our obli- said, ‘‘I have concerns about executive the President. But to throw a fit and gation to try to undo that? The House action.’’ Of course, it is easy to under- say ‘‘We refuse to do our job of legis- has done their part by sending a bill stand why because this is a uniquely lating’’ just because they don’t like over that does that. legislative responsibility. The Presi- where we are starting is extraor- The President himself said 22 times dent doesn’t have authority to make dinarily counterproductive and is an that he didn’t have the authority to do laws on his own—at least that used to unfortunate return to the dysfunction I what he eventually did. I guess this is be his position. believe the voters repudiated in their one case where I agree with the Presi- Then the senior Senator from Mis- vote on November 4. So we will see dent 22 times. So if anybody is think- souri said of the President’s unilateral whether there is a different point of ing I don’t agree with the President, action: ‘‘How this is coming about view. here are 22 times I agree with the makes me uncomfortable, [and] I think I know the majority leader, Senator President—the 22 times he said he MCCONNELL, will come back to the it probably makes most Missourians couldn’t do what he eventually decided floor and ask to reconsider the vote uncomfortable.’’ Well, the public opin- to do. And what was that? The Presi- from yesterday, and so there will be ion polls I have seen bear that com- dent said he can’t unilaterally change another opportunity for our friends ment out, that while many people the country’s immigration laws. across the aisle to reconsider their vote think we do need to fix our broken im- The President didn’t have that au- blocking even beginning considering migration system, the majority of peo- thority the 22 times he said he didn’t this legislation. I hope they will recon- ple in the public opinion polls I have have that authority. He didn’t have sider and join us and try to come up seen disagree with the way the Presi- that authority on November 20, 2014, with a consensus solution. dent has tried to act by doing this uni- when he took actions that clearly were I yield the floor. designed not to enforce the law, and he laterally—or purporting to do it unilat- The PRESIDING OFFICER (Mrs. doesn’t have that authority now. So erally. ERNST). The Senator from Missouri. Well, I have good news for Senator Mr. BLUNT. Madam President, I wish the House sent a bill over that tries to MCCASKILL, Senator FRANKEN, and Sen- to follow up on what the majority whip clarify that the President doesn’t have ator MANCHIN. The House of Represent- has been talking about. that authority; that the legislative atives has actually passed a piece of Clearly the country is and should be branch of the Federal Government is legislation that addresses their con- concerned by the President’s unilateral the House of Representatives and the cerns and should give them some com- Executive action on immigration. He Senate of the United States. It is not fort. announced this action on November 20 whoever gets to act last. The legislation on which we are try- of last year. The majority whip has al- Occasionally, the President will say: ing to open debate fully funds, as I ready gone down that list of a number I am going to take Executive action if said, the Department of Homeland Se- of our colleagues on the other side who the Congress doesn’t do its job. Well, curity while reining in the President’s said this is the wrong way to do this. the key point there is that it is the job unconstitutional actions. This is one of The House happens to agree. In fact, of the Congress to pass laws, not the the tools available to Congress—using the House of Representatives has job of the President. If the President these legislative riders on appropria- passed legislation that agrees that this wants to repeal the law, if the Presi- tions to in effect express disapproval is the wrong way to do it and try to dent wants to change the law, nobody and defund certain acts by the Execu- come up with a remedy. is in a better position than the Presi- tive. That is one of the tools we have Frankly, there is a better remedy. dent of the United States to encourage available to us. We are not going to find that better the Congress and the country to do

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S754 CONGRESSIONAL RECORD — SENATE February 4, 2015 that. But that doesn’t mean the Presi- This is a bill of which the President have a chance to do that with the bill dent has the default option, if the Con- was a major advocate. He had a chance that could be before us. We have a gress doesn’t act by some certain date, to put the dates in there and didn’t. chance to do that with the bill the to just do it himself. That is not in the I recently reintroduced the EN- House has sent over. This whole issue Constitution. The President is not FORCE the Law Act to ensure the goes to the very heart of the system of going to find it there. President can’t just continue to bla- checks and balances in our country and I continue to believe the House- tantly not do what the law says has to reiterates the importance of the Con- passed Department of Homeland Secu- be done. This is a bill I introduced in stitution and following the Constitu- rity funding bill is the way to send a the last Congress, where it passed the tion—adhering to the rule of law. message to the President that he can’t House with a bipartisan vote, but we I would like to see us have a chance act unilaterally; that there is a con- weren’t allowed to vote on it in the to do that, as this Department of stitutional way to do this. I have not Senate. Apparently, there are a num- Homeland Security funding bill given up on winning over six Demo- ber of my colleagues who think that should—and eventually, I am con- crats in the Senate. Everybody under- not only are we no longer allowed to fident, will—come to the floor. stands the importance of 60 votes in vote on bills, but now it is even a bad I yield the floor. the Senate. There are 54 Republicans, idea if we debate a bill. That is what The PRESIDING OFFICER. The Sen- not 60, but there are more than six the vote was yesterday—to debate the ator from New York. Democrats who have said they didn’t bill. It wasn’t approving anything ex- Mr. SCHUMER. Madam President, it agree with what the President did. I cept to debate the bill. That is what we is good to follow my good friend, the think in all cases they have said they should be moving towards now so we chairman of the Committee on Rules agree with the funding levels or they can fund this part of the government. and Administration, on which I am would vote for the funding levels for The President complicated the funding ranking member. I don’t agree with the Department of Homeland Security. of this agency with his action last No- him, but he is a fine man. It seems to me those two things come vember. Now, I rise to dispel attempts by the together pretty nicely here. They get a The ENFORCE the Law Act permits other side of the aisle to dodge respon- chance, by debating this bill, to undo the Congress, if the Congress believes sibility for funding the Department of what the President did and to fund the the President isn’t enforcing the law, Homeland Security in a responsible Department of Homeland Security. So to go to court—not to wait months and way. Here is what is happening. The there are at least six Democrats who years for an aggrieved citizen to go to rightwing of the Republican Party is have said those are two different things court with their own money and say he risking a Department of Homeland Se- they are for, and this is a case where or she does not believe the government curity shutdown to get their way on we get to do that. has the authority to do something. immigration. They are saying: Take We need to pass this House measure This allows the Congress to go to court our hard-right stance on immigration that ensures spending at an important and to go early and let a judge decide or we won’t fund national security. time with critical needs of homeland if the law is being enforced as written Most Americans don’t agree with security, but it also would stop the or not. that view. Most Americans are for a ra- President’s illegal amnesty. We should The ENFORCE the Law Act would re- tional immigration policy. A large ma- not let that stand. We don’t know establish the proper limits of the exec- jority in this body—bipartisan, led by where these legislative fights will wind utive branch. It would restore checks Senator MCCAIN and myself—voted on up until we have them. Maybe that is and balances. It would also provide a that in 2013. But we have a small group, why no Democrat yesterday was will- defender of citizens who, in their own led by the junior Senator from Texas, ing to have this debate, because maybe capacity, don’t have to defend or fight who say: It is our way or we are going they do not know what happens if at- the government by themselves if the to shut down one of the premier agen- tention is called to the past positions Congress itself believes the President cies dedicated to our security. they have had or the need to fund the has taken authority that he doesn’t As I said when I engaged in a col- Department of Homeland Security. But have or is enforcing the law in a way loquy with my good friend from Texas, we don’t know how these legislative that wasn’t intended. our Republican colleagues have the battles work out if we don’t have them. I think we have to stand up for the majority. They can debate immigra- I think we need to have this one. rule of law. I have joined in a court tion any time they want. In fact, we Leader MCCONNELL said our first case supporting the State of Texas. welcome that debate. We think the choice is to try to pass the House bill. Texas is suing the administration over American people are on our side. We If the law shouldn’t be followed, then what they believe are all kinds of are willing to have that debate. We are advocate that it be repealed, advocate added expenses put on them by the eager to have that debate but not with that it be changed, but don’t advocate President’s power grab in deciding on a gun put to the head not only of us that it be ignored. The ignore clause of his own which immigration laws would but of the American people. Do what the Constitution doesn’t exist. There is be enforced and which won’t be. Sen- we, a narrow minority, want or we are no ability of the Executive to do that. ator CORNYN, Senator CRUZ, and I were going to shut down the Department of The United States is a nation found- signatories to this brief filed in Decem- Homeland Security—at a time when se- ed on the rule of law. With every trade ber, and 24 House Members joined us, curity is of utmost importance given agreement we enter into, with all our including the chairman of the Judici- what has happened around the world relationships with other countries, and ary Committee, saying we agree with and what we just saw happen to the with people who come here, we talk these States and that many respon- Jordanian pilot yesterday. about this being a country where you sibilities have been placed on them be- This strategy makes no sense. The can look at the law and rely on the law cause the President of the United junior Senator from Texas is leading itself—no matter what your status. States chose not to enforce the law as his party at best into a cul-de-sac, and The President is to take care that the written. at worst over a cliff. We are not going laws are faithfully executed. Yet Presi- Twenty-six States have now joined to be taken hostage. If my good friend dent Obama repeatedly has found ways that lawsuit filed by the State of the majority leader, Senator MCCON- to circumvent the Congress by picking Texas, and I look forward to the con- NELL, thinks that by bringing this bill and choosing which laws he wants to clusion of that suit because I think the up again and again it is going to enforce. judge is likely to decide that, no, there change what happened yesterday, it is Take the case of the overwhelmingly isn’t the selectivity of which laws you not. So we are saying to the other side: complicated health care law, where the enforce that the President has applied Now that you have seen the vote, now President is picking and choosing what here, and there are great costs created that you have shown Speaker BOEHNER dates the law is to be complied with, for States as a result of that. that we can’t pass his bill in the Sen- even though the law often has very Every Senator in this Chamber has a ate, get real. I say get real, to my clear other dates. The President said: constitutional obligation to curb the friend the majority leader and to the Well, I think there is a better date. unilateral Executive overreach. We Speaker of the House.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S755 Let’s roll up our sleeves, and let’s the issue of folks in the House of Rep- and we rely on TSA—especially at work out a Department of Homeland resentatives who do not want to appro- American airports—to protect us. Security bill and pass it. Let’s not hold priate money for the actions that the We simply in a couple of weeks can’t that agency hostage. Let’s not just President has taken in trying to im- afford for the appropriations to stop. renew them every couple of months. As prove a dysfunctional immigration sys- How about immigration, U.S. Cus- the Secretary of DHS said yesterday, tem. Holding up the funding for the De- toms and Border Protection: Again, an- that is like getting a car and only giv- partment of Homeland Security appro- other responsibility of the Department ing it five miles of gas at a time. It just priations is absolutely ridiculous, in of Homeland Security, and we are doesn’t work. So get real. Let’s nego- the opinion of this Senator. going to cut off the funding on what tiate a DHS spending bill. The fact is the clock is ticking be- kind of folks are coming across our I know our Senator from Maryland, cause the funding runs out in just a borders and what kind of folks we are the ranking member of the Committee couple of weeks—February 27. What going to be checking and rechecking on Appropriations, and the Senator does the Department’s name imply? and what kind of things they are bring- from New Hampshire, the ranking Keeping the homeland secure. ing into the borders. member of the Subcommittee on In one regard, that means cyber at- There are a lot of people who want to Homeland Security of the Committee tacks. Doesn’t it occur to someone that get into this country to do us harm. on Appropriations, are eager to sit we have had an extraordinary number That is the responsibility of the De- down and pass a bill that we can all of cyber attacks recently? Most every- partment of Homeland Security. agree on in terms of funding Homeland body will remember Sony. People were So it is not only ridiculous to this Security, and then we can debate im- attacking us because they wanted to Senator, it is almost silly. But the migration. Then we can debate immi- stop the expression of free speech, in problem is it is tragic, and it could be gration—but no hostage taking and this case with regard to a movie the horrendous given the fact that people none of this bullying. None of this: If Sony company had produced. Because around the world are trying to harm us you don’t do it my way, I am going to they got in and got all of the personal as we try to protect ourselves in our hurt a whole lot of innocent people. data and were manipulating the inter- national security every day. That didn’t work in 2013 when Repub- nal controls of the company with this This is a debate we should not be lican numbers plummeted after they cyber attack, it is the Department of having. Unfortunately, it is a condition tried to shut down the government, Homeland Security that is charged. our politics have come to, and we need and it won’t work today. Hopefully, if we can ever pass a cyber to stop that condition. We will not allow a government shut- security bill that can be signed into I leave the Presiding Officer on a down. We will not allow hostage-tak- law, the portal through which the early happier note. As the Senate goes into ing. We will ask our colleagues to get warnings will come will be the Depart- recess at the conclusion of my re- reasonable, do things the way they ment of Homeland Security. By the marks, happily all of the Senators are used to be done, debate each issue on way, that cost the Sony corporation going to a bipartisan luncheon where the merits. They have the floor. They about $100 million. we are going to talk about things we can debate any issue they want and How about what happened to all of can do together. Indeed, that is the move forward. the customers of Target: Addresses, happiest thing I have heard today. I will say one other thing to my Re- phone numbers, and e-mail addresses Madam President, as I yield the publican colleagues: The junior Sen- were taken from 70 million Americans floor, I understand that pursuant to ator from Texas has you tied in a knot. who were customers of Target. the previous order, the Senate will I say that to Speaker BOEHNER as well: How about Yahoo: Passwords and stand in recess. Speaker BOEHNER, the junior Senator user names were exposed to cyber at- f from Texas has you tied in a knot. Now tacks. you are going to have to find a way to How about eBay: Users’ passwords, CONCLUSION OF MORNING untangle it. We will not be bullied. We because of a cyber attack, had to be BUSINESS will not be told we have to negotiate changed because they were com- The PRESIDING OFFICER. Morning because you seek to hurt innocent peo- promised. business is closed. ple and hurt our security. We will move How about a number of major banks, f forward. including JPMorgan Chase: Seventy- RECESS So let me suggest the way to go for- six million households and seven mil- ward: Let’s put a good, clean Homeland lion small businesses’ accounts were af- The PRESIDING OFFICER. Under Security bill on the floor. Let’s make fected by the attack. the previous order, the Senate stands America secure. Then, separately, we How about Home Depot: Six million in recess until 2 p.m. are happy to debate immigration to the accounts were put at risk. Thereupon, the Senate, at 12:30 p.m., Republican Party’s heart’s content, That ought to be enough to continue recessed until 2 p.m. and reassembled but let’s stop this govern-by-crisis the funding of the Department of when called to order by the Presiding mentality, especially when national se- Homeland Security, but there is a lot Officer (Mrs. FISCHER). curity hangs in the balance. more. f So I urge Speaker BOEHNER, I urge Most folks understand that TSA, which checks us as we go through the DEPARTMENT OF HOMELAND SE- Senator MCCONNELL to come to their CURITY APPROPRIATIONS ACT, senses, end this wild goose chase and security at airports, at seaports—TSA is a part of the Department of Home- 2015—MOTION TO PROCEED—Con- let us vote on a clean bill forthwith. tinued I yield the floor. land Security. Are we going to cut off I suggest the absence of a quorum. the funding for TSA—TSA that is now The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The trying to stop the new kind of attacks ator from Maryland. clerk will call the roll. with nonmetallic explosives? Ms. MIKULSKI. Madam President, I The bill clerk proceeded to call the Remember, because of our intel- ask unanimous consent that the time roll. ligence apparatus, working through li- until 2:45 p.m. be equally divided in the Mr. NELSON. Madam President, I aison partners in other countries, usual form, with Senators permitted to ask unanimous consent that the order about 2 years ago a cartridge in a speak for up to 10 minutes each. for the quorum call be rescinded. printer was discovered ultimately The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without going onto an airplane that was bound objection, it is so ordered. objection, it is so ordered. for the United States—that was a non- Ms. MIKULSKI. Madam President, I Mr. NELSON. Madam President, I metallic explosive. We were fortunate come to the floor in my position as the wish to talk about the necessity of we got that, but they continue. vice chair of the Appropriations Com- having an appropriations bill for the These folks who are trying to attack mittee to urge the Senate to pass a Department of Homeland Security and us all over the world are trying very clean Homeland Security appropria- the fact that it is being held up over ingenious ways to avoid the security, tions bill.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S756 CONGRESSIONAL RECORD — SENATE February 4, 2015 Yesterday the Senate rejected a pro- resolution. We could have taken up much as $1,000 to $2,000 per firefighter. cedural vote to take up the House that bill then, but there was a desire, They cannot do this with pancake Homeland Security funding bill. This is because of controversy over the Presi- breakfasts. They cannot do it with fish not about debating the weeds over this dent taking Executive actions on im- fries and chicken dinners. They need bill versus that bill. There are two dis- migration, not to do it. So now here we the help of their own government to tinct differences. The House bill has are in February. Now it is our time to help them. the funding for fiscal year 2015 in it fund a clean Homeland Security bill. So I say let’s pass a clean Homeland that would take care of every single Immigration is a serious policy issue. Security bill. Let’s stop terrorist agency under the Department of Home- I don’t dispute that. It deserves serious threats. Let’s secure our borders. Let’s land Security to defend and protect the debate. But don’t add it as a series of safeguard our waterways. Let’s make Nation, but at the same time it is load- riders on the funding bill; rather, let’s sure we are protecting our homeland ed with five immigration riders that we take up immigration separately. and move to a clean bill. call poison pill riders because the I remind our colleagues that in the Ms. MIKULSKI. Madam President, I President said if legislation to fund last Congress this Senate passed a com- suggest the absence of a quorum and Homeland Security passes with these prehensive immigration bill, only to ask unanimous consent that the time five immigration riders, he will veto have it die in the House. So we say be equally divided between the parties. the bill. let’s pass our bill again, let’s have the The PRESIDING OFFICER. Without The President wants to fund an ap- House take it up, and let’s have a real objection, it is so ordered. propriations bill, and so do I. The debate on it, but in the meantime, we The clerk will call the roll. The legislative clerk proceeded to House Homeland Security bill, if taken will have funded the Homeland Secu- up by the Senate, would simply be a de- call the roll. rity bill. Mrs. SHAHEEN. Madam President, I laying tactic. We would talk, we would This isn’t BARB MIKULSKI talking ask unanimous consent that the order debate, we would offer lots of amend- about more government spending. for the quorum call be rescinded. ments on immigration, and after we Every past head of the Department of The PRESIDING OFFICER. Without got lots of amendments on immigra- Homeland Security has urged the Sen- objection, it is so ordered. tion it might go to the President. The ate to pass a separate bill. Tom Ridge, Mrs. SHAHEEN. Thank you, Madam President would veto it, and it would the original chief executive of this President. come back, and after all is said and agency; Michael Chertoff, who also I was very pleased to hear the rank- done, more would get said than gets served under President Bush; and Janet ing member of the Appropriations done. We have to pass the funding for Napolitano are calling for it, and so am Committee, Senator MIKULSKI, who has the protecting of the homeland. I. done such great work on the com- Yesterday the entire world was Right now our Coast Guard is out mittee in putting together the bipar- gripped with poignancy and sorrow there safeguarding our waterways. We tisan agreement that was negotiated about the ghoulish murder of a Jor- in Maryland just love our Coast Guard. last December with the chairman of danian pilot. The threat of terrorism is We love them because, No. 1, they are the House Appropriations Committee, in the world—attacks by ISIL on peo- always there for search and rescue; No. Congressman ROGERS. That was a bill ple, the possibility of a lone wolf in our 2, they are always there to protect our which, as the Senator pointed out, own country, a cyber attack in retalia- bay. Whether it is against a possible funded the efforts of the Department of tion because we dare fight back against oilspill or drug dealers trying to sneak Homeland Security to keep people safe, ISIL or because we are willing to chal- up the bay, they are there. We also to address emergencies, to try to pro- lenge some of the other international know how brave they were. We all re- tect us from cyber security threats—a predators directed at us. We have to call how, with helicopters, they went whole range of efforts at the Depart- protect the United States of America. in and rescued people during the hor- ment. That is what the Department of Home- rific Hurricane Katrina, and they do it I want Senator MIKULSKI to hear a land Security does. The Department of every day. comment that I understand was made Defense protects us over there; the De- Then there is the Secret Service. The by the House Appropriations Homeland partment of Homeland Security pro- Secret Service is in the process of re- Security Subcommittee chairman JOHN tects us here. forming itself. They need to protect CARTER, who is a Republican from After 9/11—one of the worst days in the President, the Vice President, the Texas. When he was asked about what our country’s history—the Congress First Families. But you know what— the outcome of this debate would be on came together, and we passed legisla- they are also out there being the gov- funding the Department of Homeland tion to create the Department of ernment G-men, fighting things such Security, his comment was, ‘‘Ulti- Homeland Security so we could take as credit card fraud. mately, there may be a clean bill.’’ every agency that was involved in pro- Then there are the cyber warriors Well, I say to Senator MIKULSKI, if tecting the homeland and put them protecting our critical infrastructure— the House Republicans and the chair of under one umbrella so they could look our banking, our power grid. the subcommittee in the House are ac- out for us. Now we need to look out for Then there is FEMA, which right now knowledging that ultimately there them. Every day we ask men and is responding to disasters, whether it is may be a clean bill to fund the Depart- women to serve in the Coast Guard, in a blizzard or a hurricane. ment to do what was negotiated by you the Secret Service, in the Border Pa- Then there are State and local re- and Congressman ROGERS last Decem- trol protecting our borders, in Customs sponders. One of the programs I am so ber, doesn’t it make sense that we making sure fraudulent products such proud of in the Department of Home- should get a clean bill done as soon as as counterfeit drugs are not crossing land Security is the Fire Grant Pro- possible so there is certainty for the our borders into our country. Now we gram. The Fire Grant Program is a Department of Homeland Security so need to pass that bill. We need to make competitive grant program—not an they can continue the planning efforts sure we do not have a shutdown or a earmarked program, a competitive and they can continue to address the slamdown when the funding expires on grant program—where local fire de- threats to our national security? February 27. partments, particularly those in our Shouldn’t we just get this done now In December when I chaired the com- rural communities, can apply for a and stop this ideological fighting and mittee, in the closing hours of the past grant to buy the necessary equipment putting at risk people of this country Congress, I worked with my sub- they need to protect them so they can because somebody has an ideological committee chairman, Senator Lan- protect us. concern about this bill? drieu, the vice chairman of homeland I know the Presiding Officer is famil- Ms. MIKULSKI. First of all, I thank security, Senator COATS, and we put to- iar with this in Nebraska. Turnout gear the Senator for bringing Representa- gether a crucial funding bill that to- for a firefighter—the respiratory equip- tive CARTER’s comments to my atten- talled $46 billion to invest in agencies ment to protect their breathing, the tion. I absolutely agree with the Sen- that protect us. It was $1 billion telecommunications, the fire-retard- ator’s analysis and also with the com- more—$1 billion—than the continuing ant/repellent material—can cost as ments by Representative CARTER. We

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S757 should have a sense of urgency in pass- Mr. HOEVEN. Mr. President, yester- asking for now is for the Senate to do ing the Homeland Security bill. The day I spoke about the importance of the same—to go through the process, terrorists and the bad guys—whether voting yes to proceed to the Depart- go to the bill, and do the work we were they are organized crime trying to get ment of Homeland Security appropria- sent here to do. across our borders, whether they are tions bill for 2015, H.R. 240. That mo- I discussed the merits of the bill at the terrorists watching us—they are tion was unsuccessful. Despite all the length earlier, but I will go through saying: Hey, they are so busy fighting voices from the other side of the aisle some of the highlights again just to re- each other, they don’t have time to expressing support for the Department mind my colleagues what is in the bill think about fighting us. They are of Homeland Security, they refused to and why we are here. This bill will sup- watching us and laughing at us because actually proceed to debate the bill. port the economic prosperity, public while we squabble and quibble and drib- My friends on the other side of the safety, and security of the American ble, they are out there plotting against aisle have expressed concern that the people. us. bill is not 100 percent of what they This bill provides $39.67 billion in net I say to the ranking member of the want. In my experience, it is rare for discretionary appropriations, plus $6.4 subcommittee, I do think there is a anyone to get 100 percent of what they billion in disaster funding. That in- sense of urgency. want when it comes to passing legisla- cludes $10.7 billion for Customs and I also wish to comment on the House. tion, and that is certainly true when it Border Protection, CBP, and that is an When we were working in the closing comes to passing an appropriations increase of $119 million over fiscal year hours on the actual money part of the bill. I am not talking about a vote on 2014. It supports record levels of per- bill, I found remarkable bipartisan con- final passage or even a vote on amend- sonnel, tactical infrastructure tech- sensus. Left to our own analysis about ments. I am talking about a vote to nology, and air and marine assets. how to be wise stewards of the tax- proceed to the debate on this bill. In The bill provides $5.96 billion for Im- payer dollars for important security in- addition to having the opportunity to migration and Customs Enforcement, vestments, there was wide bipartisan offer amendments, an important part ICE. It maintains a record 34,000 adult detention beds and 3,828 family deten- agreement. There may have been a dif- of the debate on a bill is the ability of tion beds. ferent priority here or there, but by any Senator to raise a budget point of The bill provides strong support for and large we knew exactly which pub- order. the Secret Service, an organization lic investments to make. And you My counterpart, the distinguished that requires congressional oversight, know what—we did it within the caps, ranking member of the Homeland Se- given some of the recent incidents, and curity Appropriations Subcommittee, we did it within the allocation, and we is $81 million above fiscal year 2014 has pointed out that there are budget got the job done. funding. We could do this job this afternoon. I points of order against the bill. But the The bill provides the funding nec- feel a great sense of urgency because point I would make is that in order for essary to construct the National Bio while the bad guys are plotting against her to raise the budget point of order, and Agro-Defense Facility, NBAF, in us, we are busy plotting how we can you have to actually proceed to the Manhattan, KS. fight each other. bill. It provides more than $10 billion for Mrs. SHAHEEN. Madam President, I I am certainly willing to acknowl- the Coast Guard, including the 8th Na- certainly agree with the ranking mem- edge her budget points of order, which tional Security Cutter, and takes a se- ber of the Appropriations Committee. I she brought up on the floor yesterday, rious step to address the near-term, will just point out that in the last 2 but the point I am making is we have heavy-ice breaker needs with $8 million days, we have heard from the Con- to proceed to the bill in order to debate for preserving the ship Polar Ice. ference of Mayors, which has urged us those budget points of order and, in The bill supports our cyber security to pass a clean bill to fund the Depart- fact, vote on them. efforts, both protecting government op- ment of Homeland Security. We have The minority refuses to move to the erations and working with the private heard from the emergency managers bill because they object to the amend- sector to share threat information and across this country who are concerned ments added by the House of Rep- protective measures. about the risks of assistance for dis- resentatives. The House went through Since homeland security is a na- aster relief and for FEMA, and today its process, and now it is time for the tional effort, the bill provides contin- we got a letter from the National Asso- Senate to go through its process. That ued funding for grant programs to ciation of Counties urging the passage is how the system works. That is reg- State and local firefighters, emergency of a clean bill to ensure that the safety ular order. managers, and law enforcement. of our communities can be maintained. Last week, after the consideration of The bill also provides for research As the Senator said, we should not many amendments, we passed the Key- and development, TSA’s aviation secu- put these communities at risk, the ef- stone XL Pipeline bill with a bipar- rity screening operations, the Federal forts that are going on across this tisan vote of 62 Senators. There were Law Enforcement Training Center, and country to keep the Nation safe, be- rollcall votes on 41 amendments. E-Verify, which supports businesses cause there are those people who are Since I introduced the Keystone bill, across the United States in hiring legal angry at the President about an Execu- I would have thought it would have workers. tive action. We can have that debate, been great if we could have just passed Finally, the bill provides a requested but we should have that debate sepa- it with an up-or-down vote, but that is $7 billion for the Disaster Relief Fund rately. We need to fund the Depart- not how the Senate is designed to legis- to assist with recovery costs for com- ment of Homeland Security now to en- late. Instead, we vote to proceed to a munities when they are hit by natural sure that there are no risks to our citi- bill so we can debate it, offer amend- disasters. zens. ments, and work to develop consensus. What the bill does not fund is the I thank Senator MIKULSKI and the I am aware that it has been a long President’s Executive actions. The Presiding Officer. time since we had regular order in the House bill includes several amend- I yield the floor. Senate. We are not used to bringing a ments that are targeted at reversing I suggest the absence of a quorum. bill to the floor and debating amend- the President’s actions and articu- The PRESIDING OFFICER. The ments. But instead of embracing reg- lating priorities for immigration en- clerk will call the roll. ular order, something we were denied forcement. If that is concerning to my The legislative clerk proceeded to in the previous Congress, we can’t even colleagues on the other side of the call the roll. proceed to debate and offer amend- aisle, then allow us to proceed to the Mr. HOEVEN. Mr. President, I ask ments on this bill—an important bill bill so we can debate these important unanimous consent that the order for that we need to take up and address. issues. the quorum call be rescinded. The contents of H.R. 240 represent We have returned to regular order in The PRESIDING OFFICER (Mr. the bipartisan prerogatives and prior- this Chamber, and with that comes the FLAKE). Without objection, it is so or- ities of Congress. Again, the House responsibility to debate, offer amend- dered. went through its process. What we are ments, and vote on legislation. That is

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S758 CONGRESSIONAL RECORD — SENATE February 4, 2015 what we are asking to do, and that is have the discussion, have the debate, Homeland Security. Since we have what we are calling on our colleagues offer amendments, and see where we heard from so many of our Republican to do. That is what the American peo- end up. colleagues that they want to discuss ple want us to do. That is what we are Now, I believe the President’s actions immigration and border security, I here to do. exceeded his authority in regard to his spent some time yesterday speaking I urge my colleagues to vote in favor Executive order regarding immigra- about all of the important investments of proceeding to H.R. 240 so we can do tion. Let’s have that debate. Let’s go that a clean, full-year funding bill for our work. to the bill so we can actually do the the Department of Homeland Security With that, I yield the floor. work we were sent here to do, where we would make in our border security. If Mrs. SHAHEEN. Mr. President, will discuss, debate, and offer amendments. we don’t pass a clean funding bill, we my colleague from North Dakota, the If my esteemed colleague feels there is will fail to make significant upgrades chairman of the Subcommittee on an amendment she should offer that to technology on the border. We will Homeland Security, yield for a ques- would change this bill to bring it in fail to fund expanded enforcement ac- tion? line with the opinions of House Mem- tivities for immigration officers. If we Mr. HOEVEN. Mr. President, I will. bers or other Members of the Senate, are serious about border security, we Mrs. SHAHEEN. I appreciate the then she will have the opportunity to should support a clean full-year bill to work my colleague has done on this do that, as will her colleagues, as will fund the Department of Homeland Se- funding bill, and I think we certainly we. That is the point. curity. agree on the funding that is in the bill. So the answer to the question is: We The PRESIDING OFFICER. The time That is not what the debate we are don’t know where we end up if we don’t of the Senator has expired. having is about. get started. So let’s get started. That Mrs. SHAHEEN. I ask unanimous I ask the Senator from North Dakota is what we are saying. Please join with consent to speak for 3 more minutes. if he has heard the comments of Chair- us. Just as in our committee, we will The PRESIDING OFFICER. Without man JOHN CARTER of the House Appro- have many committee meetings where objection, it is so ordered. priations Subcommittee on Homeland Mrs. SHAHEEN. I thank the Chair. we will debate issues and where we will I also think it is instructive at this Security, a Republican from Texas, take amendments from our fellow Sen- who said: ‘‘Ultimately, there may be a time to note for the RECORD that in- ators who are on that committee. But cluded in the Executive actions that clean bill.’’ we can’t do that if we don’t bring the If the House is acknowledging that Republicans are trying to defund are bill to the committee and get started. provisions that increase border secu- ultimately we may have a clean bill to That is what we are asking to do on the fund the Department of Homeland Se- rity, prioritize enforcement resources, Senate floor. and ensure accountability in our immi- curity, doesn’t it make sense that we I yield the floor. would move forward to get this funding gration system. The House bill that is The PRESIDING OFFICER. The Sen- before us today defunds—takes away done, and we would make sure there is ator from New Hampshire. the money—for the new policy of certainty to address the risks facing Mrs. SHAHEEN. Mr. President, I prioritizing criminals and national se- this country? point out to my colleague that Senator curity threats for removal from the We can debate immigration. I don’t MIKULSKI and I have introduced a clean United States. So one of the orders think there is anybody on the Demo- bill that addresses funding for the De- that have been issued by DHS that Re- cratic side who doesn’t want to have an partment of Homeland Security. publicans want to defund directs law immigration debate. We are happy to The fact is we find ourselves in this enforcement officers to place top pri- have it. But we should have that as a situation on the appropriations bill be- ority on removing national security separate debate. As the Republican ma- cause of the riders that were attached threats, convicted felons, gang mem- jority knows, they control the debate by the House of Representatives. Those bers, and illegal entrants apprehended in the Senate. So they can decide to riders defund immigration directives at the border. bring up an immigration bill as soon as that were issued by the President last The House bill also defunds increased we pass funding for the Department of year. and strategic border security. Homeland Security. So I hope, as the Yesterday, the senior Senator from Another one of the memos issued by House suggests, ultimately there is Texas suggested that Senate Demo- DHS is on the Southern Border and Ap- going to be a clean bill and that we crats don’t want to debate immigra- proaches Campaign, which establishes would pass it as soon as possible to pro- tion. In fact, we are happy to debate three joint task forces to reduce the vide certainty and then move on to de- immigration. In fact, this body, in 2013, terrorism risks to the Nation, combat bate the other issues facing this coun- passed a comprehensive immigration transnational criminal organizations, try. reform bill with a very strong bipar- and prevent the illegal flow of people I ask my colleague from North Da- tisan vote. and goods along our border. So that is kota if he has spoken to the chairman The debate we are having today is another part of this legislation our col- of the House Appropriations Homeland about whether we are going to fund the leagues want to defund. Security Subcommittee, and does he Department of Homeland Security. The It doesn’t make sense, if we are con- share his view that ultimately there bill that is before us raises concerns cerned about border security, that we may be a clean bill? about what is in the original clean bill would want to pass a bill that includes Mr. HOEVEN. Mr. President, I am that funds the Department of Home- measures to defund these efforts. pleased to respond to the question of land Security. I understand my time has expired. I my counterpart on the Subcommittee As the Senator from North Dakota certainly hope everybody understands on Homeland Security in the Senate, and I were just discussing, Senate Re- what the bill before us, which includes and I want to begin by acknowledging publicans control the Senate. If they those five House riders, would actually and stating again that I enjoy working want to vote on immigration measures, do. with her. We have worked together on they can bring a bill that would do I thank the Chair, and I yield the other committees and other issues, and that to the floor by the end of this floor. I think there will be other issues we week because they control what we The PRESIDING OFFICER. The Sen- will work on together. consider in the Senate. But the issue ator from North Dakota. I am pleased to have this discussion that is before us today is whether we Mr. HOEVEN. Mr. President, I wish with her because this is exactly the are going to fund the Department of to take a moment to respond to some kind of debate we are asking for. We Homeland Security. This is an issue of the points made by the Senator from are asking to proceed to this bill so we that is critical because right now our New Hampshire. She indicated can debate and, in fact, offer amend- Nation faces serious national security defunding provisions, but understand ments. So what we are saying is— and terrorism threats. that this relates to Executive action whether it is our colleagues on the This bill is not about the President’s undertaken by the President. The very House side or whether it is Members of Executive action; it is about whether same prioritization in terms of enforce- the Senate—let’s follow regular order, we are going to fund the Department of ment is funded in the underlying bill

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S759 for enforcement of immigration law. The legislative clerk read as follows: Senators permitted to speak therein Those prioritizations are there. CLOTURE MOTION for up to 10 minutes each. The other point I wish to make is We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without that the Senator speaks about funding ance with the provisions of rule XXII of the objection, it is so ordered. the Department of Homeland Security Standing Rules of the Senate, do hereby The Senator from Indiana. and their desire to fund the Depart- move to bring to a close debate on the mo- f ment of Homeland Security. That is ex- tion to proceed to H.R. 240, making appro- THE PRESIDENT’S BUDGET actly what this bill does. This bill fully priations for the Department of Homeland funds the Department of Homeland Se- Security for the fiscal year ending Sep- Mr. COATS. Mr. President, I wish to curity. There really is consensus be- tember 30, 2015. make some remarks about the Presi- Mitch McConnell, John Cornyn, Richard dent’s budget, which was presented to tween the House and the Senate that it Burr, Jerry Moran, John Thune, John- does it very well. That is what this bill us on Monday of this week as his an- ny Isakson, Marco Rubio, Roy Blunt, nual proposal to Congress. does. It funds the Department of Home- Pat Roberts, Deb Fischer, John Booz- land Security. man, David Vitter, Tim Scott, Roger F. Given our country’s enormous fiscal So they are saying they want to fund Wicker, Richard C. Shelby, Michael B. challenges and the results of the 2014 the Department of Homeland Security. Enzi, Rand Paul. midterm election, I think there was That is what this bill does, and that is The PRESIDING OFFICER. By unan- hope among many of us that the re- why we have to proceed to it in order imous consent, the mandatory quorum lease of this budget would be an oppor- to accomplish full-year funding for call has been waived. tunity for the President to work with DHS. The question is, Is it the sense of the us. There was a lot of talk about work- The third point I will make briefly is Senate that debate on the motion to ing with Congress, working together. that the Senator referred to a bill that proceed to H.R. 240, an act making ap- The message from the November 2014 she is sponsoring with the Senator propriations for the Department of election was that the American people from Maryland to fund DHS—to fund Homeland Security for the fiscal year the Department of Homeland Secu- want Congress to get some things done. ending September 30, 2015, and for And by the way, what about the con- rity—and she wants to proceed to that other purposes, shall be brought to a bill. Well, the way to do that is to vote tinuing deficit? Are we going to get close, upon reconsideration? back to this draconian knife held over with us to get on the bill before us— The yeas and nays are mandatory H.R. 240—and then they can offer that our throats, where the budget con- under the rule. tinues to put us in a position where as an amendment, and we will debate it The clerk will call the roll. and we will have the vote. debt and deficit continue to be the The assistant bill clerk called the plague which is going to have enor- So if the Senator from New Hamp- roll. shire wishes to have the opportunity to mous, negative consequences on the fu- The yeas and nays resulted—yeas 53, ture of this country? debate her legislation and vote on her nays 47, as follows: legislation, then let’s vote to invoke Given these enormous challenges, [Rollcall Vote No. 52 Leg.] cloture on this motion to proceed, let’s there was really hope the President proceed to the bill, and we will allow YEAS—53 with his last 2 years, would see as part our colleagues to offer amendments Alexander Ernst Paul of his legacy an opportunity to work Ayotte Fischer which we can debate and vote on. We Perdue together to put us on a sound fiscal Barrasso Flake Portman path. But much like the coach of the are offering the other side the oppor- Blunt Gardner Risch Seahawks on the 1-yard line, the Presi- tunity to do exactly what they have Boozman Graham Roberts Burr Grassley Rounds dent chose to make the wrong call. asked to do. Capito Hatch Most importantly, again, I wish to go Rubio In this case, in my opinion—and I Cassidy Hoeven Sasse think the opinion of many—the right Coats Inhofe back to the point I just made. This bill Scott Cochran Isakson call would have been a plan that actu- fully funds the Department of Home- Sessions Collins Johnson ally puts us on a path for a balanced land Security for the full year, and we Shelby Corker Kirk budget, addresses a skyrocketing man- are being blocked from going to the Sullivan Cornyn Lankford datory spending burden and reforms bill, debating the bill, allowing amend- Cotton Lee Thune Tillis our outdated Tax Code. These are, ments on the bill, and getting to the Crapo McCain Cruz McConnell Toomey hopefully, ideas that both Republicans final product for the American people, Daines Moran Vitter and Democrats could agree on. They while working with the House. Remem- Enzi Murkowski Wicker would be in our national interest to ber, we have to produce a product that NAYS—47 move forward on. The time is now— passes the House, too, to fund the De- Baldwin Heinrich Nelson with a Democratic President and a Re- partment of Homeland Security for Bennet Heitkamp Peters publican Congress—to work together to this country. Blumenthal Heller Reed achieve what Ronald Reagan and Tip With that, I yield the floor. Booker Hirono Reid The PRESIDING OFFICER. The ma- Boxer Kaine Sanders O’Neill agreed to and what Bill Clinton Brown King Schatz and Newt Gingrich agreed to on welfare jority leader. Cantwell Klobuchar Mr. MCCONNELL. Mr. President, I Schumer reform and on a number of other major Cardin Leahy Shaheen Carper Manchin initiatives that had been undertaken in move to proceed to the motion to re- Stabenow Casey Markey consider the motion to invoke cloture Tester Congress with support from both par- Coons McCaskill Udall ties. They could be addressed. on the motion to proceed to H.R. 240. Donnelly Menendez The PRESIDING OFFICER. The Durbin Merkley Warner But instead of pursuing a path of question is on agreeing to the motion. Feinstein Mikulski Warren consensus on these issues, the Presi- The motion was agreed to. Franken Murphy Whitehouse dent comes forward with $2.1 trillion in Wyden The PRESIDING OFFICER. The ma- Gillibrand Murray additional tax increases over the next jority leader. The PRESIDING OFFICER (Mr. 10 years. Is there any end to the obses- Mr. MCCONNELL. Mr. President, I TOOMEY). On this vote, the yeas are 53, sion the President has for raising taxes move to reconsider the motion to in- the nays are 47. on the American people? voke cloture on the motion to proceed Three-fifths of the Senators duly cho- All the debate at the end of the last to H.R. 240. sen and sworn not having voted in the cycle—the previous cycle before the The PRESIDING OFFICER. The affirmative, the motion is rejected. last cycle—was over the fiscal cliff. question is on agreeing to the motion. The Senator from Indiana. Let’s raise taxes on the richest people The motion was agreed to. f in America and the high earners, and CLOTURE MOTION that will address the problem of taxes. The PRESIDING OFFICER. Pursuant MORNING BUSINESS But we never could get to the spending to rule XXII, the Chair lays before the Mr. COATS. Mr. President, I ask issue. Senate the pending cloture motion, unanimous consent that the Senate be So if you like government to just which the clerk will state. in a period of morning business, with keep increasing: Send your tax dollars

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S760 CONGRESSIONAL RECORD — SENATE February 4, 2015 to Washington, and we will spend it. I regret the President has yet to Most of us on both sides of this aisle That seems to be what the President come forward with the serious intent of have recognized the disastrous poten- had to say. Rather than looking at the working with us to deal with one of our tial consequences of our not taking ac- dire consequences of not addressing country’s most challenging and most tion. I appreciate the tremendous work these long-term problems, the Presi- pressing problems with creative solu- the Senator from Virginia has done in dent proposes to spend nearly $4 tril- tions. We will only be able to accom- leading this effort, and I know we both lion in fiscal year 2016, a 7-percent in- plish the results we need if we work to- regret that we haven’t achieved suc- crease from fiscal year 2015 and about gether, as the President has said. But cess. $1 trillion more than what was spent in it takes his engagement if we are going I thank the Senator, and I yield 2008. The President wants to eliminate to succeed. back. the very budget caps that his adminis- I yield the floor. Mr. WARNER. I thank the Senator tration proposed and he signed into law The PRESIDING OFFICER. The Sen- for his comments. We might agree or in 2011. ator from Virginia. disagree on the role the President has Well, it may be one thing to adjust Mr. WARNER. First, Mr. President, I played, but that still doesn’t beg the those budget caps, particularly as it commend my good friend, the Senator fact that we need to continue our ef- impacts our national defense and na- from Indiana, for his good work on lay- forts in this body and in the body down tional security, but if that was done in ing out, with the Senator from Oregon, the hall. one approach on reforming the Tax conjunction with a larger proposal to f address this out-of-control mandatory Code and his willingness to look at this DEPARTMENT OF HOMELAND spending, wasteful spending, and un- issue of our national debt. Let me echo, at $18 trillion—he cited SECURITY FUNDING necessary spending that is taking place some statistics—interest rates go up 1 here in Washington, that would be one Mr. WARNER. Mr. President, the percent. That is more than $120 billion thing to consider. subject of our debate today is that it is But this simply is just more of the a year off the top. That is more than wholly inappropriate that at this mo- same, going in the same direction, pro- we spend each year on the issues I am ment in time some in Congress are de- posing unbalanced budgets each year, going to speak to—the Department of ciding that they are going to hold hos- Homeland Security. and adding more and more to our def- tage Homeland Security funding unless The only issue I would raise with my icit and to our debt. they get 100 percent of what they want. friend is that we do need that grand The President likes to talk about his I think immigration reform is a ter- bargain. But no one who has looked at veto pen and, with the release of this ribly important issue. I was proud to this problem hasn’t said: You are not budget, we can only conclude that pen join in one of the broadest, bipartisan going to solve it without revenues only contains red ink. The President votes in the past few years to pass bi- being part of the mix. You have to do has taken a pass on the golden oppor- partisan immigration reform. I was dis- entitlement reform. But even with the tunity to move forward and work to- appointed when our friends in the so-called revenues from the fiscal cliff, gether. Instead, his budget takes us in House didn’t take up that legislation let me just point out that we brought and pass it. the same direction we have been going the country to the brink of unforeseen Subsequent to that failure to act on in the past 6 years without any pro- financial areas. posal to address it in any kind of seri- To raise $600 billion, well, in the past the part of the House, the President ous way. I think it is imperative that few years we have had unprecedented has acted—and I believe there are even we do that. one-time revenues from the Federal folks here watching these proceedings Just last week, the Congressional Reserve north of $400 billion, $200 bil- now who are beneficiaries of those Ex- Budget Office released its latest eco- lion-plus that CBO counts as revenue ecutive actions, some of the DREAM- nomic report and the findings were, from paybacks of Fannie and Freddie. ers. once again, very sobering. This non- We do not have the revenue streams. If Now if this body wants to redebate partisan report warned that under cur- we can get back to revenue streams immigration, that is a fair topic, a fair rent law our ‘‘large and growing federal from the late 1990s, revenue as a per- subject. And I, for one, would welcome debt would have serious negative con- cent of our GDP, when the economy that full-throated debate again. But it sequences, including increasing federal was booming and jobs were being cre- should not—it should not—be tied to a spending for interest payments; re- ated and there was bipartisan collabo- critical part of national homeland se- straining economic growth in the long ration, I think that, combined with en- curity funding. term; giving policymakers less flexi- titlement reform—to make sure Social The remarkable thing is this is actu- bility to respond to unexpected chal- Security and Medicare are truly sus- ally an area where both parties came lenges; and eventually heightening the tainable for the next 50 years—there is to agreement on the size of the budget risk of a fiscal crisis.’’ a path there and I thank the Senator and the program prioritization. There The CBO projects that the gross Fed- for his work. was an agreement. But instead, extra- eral debt is expected to raise another Mr. COATS. If I could ask the Sen- neous items were added that now some $10 trillion over the next decade. The ator from Virginia to yield for a re- are saying if we don’t get these items report also says that we will spend sponse without yielding the floor, and I we are willing to roll the dice or poten- down almost $800 billion of the Social will yield right back to him. tially shut down the most essential Security Trust Fund over the next 10 I wish to say that the perception of parts of our government at a time of years. the public is that this is a partisan enormous international and poten- Ten years from now, it is projected issue. It is not. The Democratic Sen- tially domestic challenge. that spending on mandatory programs ator from Virginia has taken a lead in All of us, obviously, can come and and interest on the debt will consume this effort and committed an extraor- speak about the unspeakable tragedies almost 94 percent of all Federal reve- dinary amount of effort—only to come we saw reported coming out of the Mid- nues, leaving far fewer funds for other up short. dle East. We see as well challenges that important national priorities, such as I have been privileged to work with ISIL presents potentially—not just in strengthening our infrastructure, na- him and a number of Members from the that region but to the homeland and in tional defense, medical research, edu- other side of the aisle together with terms of trying to encourage home- cation, and any number of issues that Republicans, and we see the need to grown terrorists. The notion there could be dealt with on a national basis work together on this. We have lacked would be Members of this body or any that would affect the future of this one thing. We have lacked support body who would say it is okay to cut country. But it will not be able to be from the executive branch. Until we off funding to DHS at this moment in done because we have not taken these have that, I don’t believe we will be time is remarkable. steps. Time is running out to make the able to take serious steps forward in The American people—as someone tough fiscal choices now so future gen- addressing this problem. who just went through a refreshing re- erations will not be saddled with an But that is not something that can minder of what they are looking for even higher burden of debt. be defined as one party versus another. through my last election process—do

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S761 not want us to legislate in this way. our ports. The security risks facing the The assistant legislative clerk pro- They want us to get things done. They ports are many, and workers such as ceeded to call the roll. want us to actually find common Captain Regalbuto help ensure they re- Mr. SESSIONS. Mr. President, I ask ground. And on homeland security we main safe and secure from threats. For unanimous consent that the order for have made the hard choices on where our Nation’s ports to remain safe, we the quorum call be rescinded. the dollars ought to come from and must ensure our foreign shipping part- The PRESIDING OFFICER. Without where they ought to be prioritized. ners follow established international objection, it is so ordered. But if the loudest voices get their port security requirements. So part of f way and hold this funding hostage, not Captain Regalbuto’s job is to make DEPARTMENT OF HOMELAND only would it make our country more sure foreign countries that want to SECURITY FUNDING vulnerable to terrorist threats but a conduct business using U.S. ports ad- DHS shutdown would jeopardize our here to these requirements. Mr. SESSIONS. Mr. President, the national security by disrupting other Captain Regalbuto has developed a House of Representatives has voted to important programs, such as grants to solution—a model code that countries fully fund homeland security, as the train local law enforcement and to pro- could use as a guide to strengthen their President has requested. It sent a bill tect our communities. And as many as own laws to improve the security of to the Senate that fully funds all the 240,000 people responsible for frontline their ports. He also oversaw the cre- lawful policies and programs in home- security—more than 80 percent of DHS ation of the Maritime Security Risk land security. The bill will not deny a employees—will still have to show up Analysis Model. It helps the Coast penny of funding. In fact, it says, spend to work—they just won’t get paid for Guard analyze and address major port the money, but on enforcing the laws it. Many of them in the Commonwealth security weaknesses by measuring a of the United States. Don’t spend of Virginia. variety of factors. This risk analysis money undermining the laws of the This is a threat to the homeland, it is model has helped the Coast Guard United States. Don’t spend money in a threat to our law enforcement, it is a evaluate more than 30,000 potential violation of the laws of the United threat in terms of our ability to re- targets and 100,000 attack scenarios States. Don’t spend money in violation spond to crises with FEMA, and there across the country. of the established policies of Congress, is threat even without those potential Furthermore, this data has helped to which rejected the President’s ideas tragedies of the normal course of an efficiently allocate more than $2.7 bil- that he is now executing. And don’t American citizen as they pass through lion in grants where they can best help spend money in violation of the will of airports and other venues. Ultimately, improve port security and get the best the American people who overwhelm- for an agency that has been under some bang for the taxpayer dollars. ingly oppose the President’s unlawful strain, these 240,000 people who are CAPT Anthony Regalbuto is just one Executive amnesty. working hard to protect our homeland of many Federal employees. He also That is what we are talking about have to provide for their families. happens to be a Federal employee who today, and my colleagues continue to This is not the way this body should would potentially be affected by De- suggest that somehow Republicans are operate. I want to commend the major- partment of Homeland Security fund- not funding the Homeland Security De- ity for trying to say we will bring back ing, which is the current issue on the partment. Nothing could be further an open process. But the notion that floor of the Senate. from the truth. we will have a repeat of what we saw One of the challenges, even as we Our colleagues have now voted to when we self-inflicted damage upon move past this particular debate, is to block going to the bill. If they don’t this whole economy when we shut make sure in these tight budget like some of the provisions that came down the government a few years ago times—going back to the comments of over from the House, well, let’s get on because of an unwillingness of a few to the bill and let’s have some relevant compromise—if that is repeated now the Senator from Indiana—that we husband our resources. We are going to amendments and let’s vote on it. That around homeland security, it would be is what Congress is about. That is the a dreadful mistake. have to do more with less. One of the things that is terribly important—as way we are supposed to do business f someone who has spent more time in here. TRIBUTE TO FEDERAL EMPLOYEE business than I have in politics—if you But our colleagues have gotten ANTHONY REGALBUTO want your workforce to do more, you spoiled. They think they can block Mr. WARNER. Mr. President, I come find ways both psychically, mone- anything and turn around and blame to the floor to continue a tradition tarily, and through appropriate review the Republicans for it and that some- that was begun by my esteemed former to reward them. how everybody is going to agree with colleague, the former Senator from Too often Members come to this floor them. Delaware, Ted Kaufman. Senator Kauf- and sometimes tend to demonize our Look, the American people get this. man would come to this floor from Federal workforce. Too often over the The President is not entitled to spend time to time to celebrate members of past few years the Federal workforce is money to implement a system of immi- the Federal workforce who exemplify the first to receive the cuts in funding. gration that Congress, representing the excellence in public service. In that If we are going to make sure our coun- American people, rejected. If our tradition I want to honor a great Fed- try remains strong, we want to make Democratic colleagues are unhappy, eral employee: CAPT Anthony sure folks such as Captain Regalbuto then, as I said, they can offer amend- Regalbuto. keep our ports and keep our homeland ments. Captain Regalbuto is a constituent of safe. We need to recognize their service I feel it would be a stunning event if mine from Burke, VA. He currently and, by all means, make sure we don’t the Senate removes language from a serves as the Chief of the U.S. Coast put in particular the DHS through an- bill that simply restores the separation Guard’s Office of International and Do- other ill-fated, politically driven gov- of powers and prevents the President mestic Port Security. But, in fact, Cap- ernment shutdown. from overreaching in violating the tain Regalbuto has spent his entire Mr. President, I yield the floor. Constitution. But if they want to bring adult life in service to the Coast Guard, The PRESIDING OFFICER. The Sen- up amendments that would allow the with 31 years on active duty and more ator from Utah. President to do this activity, let’s do than 12 years as a civilian—a total of 43 (The remarks of Mr. HATCH per- it, let’s bring it up, and let’s vote on it. years of service. In this role he has taining to the introduction of S. J. Perhaps they might win it. But I think been responsible for addressing the se- Res. 6 are printed in today’s RECORD it is untenable constitutionally and it curity weaknesses facing our Nation’s under ‘‘Statements on Introduced Bills is untenable legally, because it is con- ports. He has also assisted other coun- and Joint Resolutions.’’) trary to the law and the will of the tries with improving the safety of their Mr. HATCH. Mr. President, I suggest American people. own ports. the absence of a quorum. My good friend Senator SCHUMER is More than 90 percent of the imported The PRESIDING OFFICER. The one of our able Members of this body. goods of the United States go through clerk will call the roll. He spoke earlier today and he said: The

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These grants ensure Take our hard right stance on immi- City, hiring 1,000 persons to process ap- that all of the places terrorists have gration, or we won’t fund national se- plications of people illegally in the targeted and will continue to target curity. country and to provide them the are able to effectively prevent those That is not so, Senator SCHUMER. earned-income tax credit, which is a di- violent acts from happening. Give me a break. Come on. You are rect check from the United States of New York City is my home State. It blocking the bill. The House has voted America, provide them a Social Secu- is the No. 1 terror target in the Nation. to fund homeland security. It is on the rity number, the right to participate in It relies on the urban security program floor. We need to pass it, and we will Social Security, legal status in the to keep its millions of residents and give you an opportunity to offer your country, the right to work in the coun- tourists safe. It also relies on our amendments if you are not happy with try, and participation in Medicare, Homeland Security network to stop it. It is absolutely not so that they are when the law of the United States says the plans of would-be terrorists. doing that. if someone is here unlawfully, they Since 9/11, New York City has thwart- So how is it being reported? Repub- cannot work. So that is what this is all ed at least 16 terrorist attacks, and it licans frequently complain they don’t about. has done so because of the constant get fair reporting in the press, but let’s I just want to push back. I urge my support the Department of Homeland look at this: colleagues—at least seven of my Demo- Security provides. If we cannot pass U.S. News and World Report, today: cratic colleagues have said they oppose this bill, the Urban Areas Security Ini- ‘‘Senate Democrats Block Bill Undoing President Obama’s actions. When do tiative and the extensive network of Immigration Actions.’’ That is the they have a clearer chance to confront security systems in New York City headline, ‘‘Undoing Immigration Ac- that action and demonstrate with con- would lose their funding, and every vis- tions.’’ Those are President Obama’s viction that they meant what they said itor to an urban area in this country, unlawful actions. So they are defending than on this vote? including right here in Washington, his actions, not defending homeland se- It allows the bill to come forward. It DC, would be less safe. curity. allows us to have a vote. It allows any- If we cannot pass this bill, not only How about this one, USA Today: body in the Senate to offer amend- would our security suffer, but the in- ‘‘Democrats again block efforts to de- ments that would be relevant to the spectors at our ports would not be paid, rail immigration order.’’ The effort bill. I feel strongly about that. our security personnel would not be would derail the President’s unlawful I see the Senator from New York. I paid, and our Border Patrol agents Executive amnesty—but it funds home- think she was in line to speak before I would not be paid. If we don’t pass this land security, as the article makes was, and I was able to grab a few min- bill, then we have failed at our most clear. utes. So I would just say this. Col- solemn responsibility, to keep the Fox News: ‘‘Senate Dems nix debate leagues, please review your position on American people safe. on Homeland Security bill, blocking it, this. Let’s move to this bill. Let’s fund I urge all my colleagues to please put in protest over immigration.’’ Homeland Security. Let’s discuss and politics aside, vote to pass a bill free of Who is blocking the bill? have amendments and vote on the divisive policy riders and fully fund the Politico: ‘‘Democrats filibuster De- President’s Executive order, and the Department of Homeland Security. partment of Homeland Security bill.’’ one who wins the votes, so be it. That Thank you, Mr. President. That is exactly what is happening. is the way the Congress of the United I yield the rest of my time. The bill has passed the House. It is on States works. I suggest the absence of a quorum. the floor. We are trying to bring it up. I thank the Chair, and I yield the The PRESIDING OFFICER (Mr. We are trying to have debate. We are floor. FLAKE). The clerk will call the roll. trying to have amendments. And they The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- are blocking the bill—according to Po- ator from New York. ceeded to call the roll. litico, no rightwing publication. Mrs. GILLIBRAND. Mr. President, I Mr. SCHATZ. Mr. President, I ask The Washington Post: ‘‘Senate rise to urge my colleagues to do the unanimous consent that the order for Democrats block DHS spending bill right thing and pass a bill that would the quorum call be rescinded. targeting Obama’s immigration ac- fully fund the Department of Homeland The PRESIDING OFFICER. Without tions.’’ Security, without the politically driv- objection, it is so ordered. The Atlantic. This is a good one. For en riders that are the focus of this de- Mr. SCHATZ. Mr. President, I rise those of us who have been around here bate. today to urge my colleagues to pass a a long time, and I think for reporters Protecting our country from ter- clean Homeland Security funding bill who cover it, this is really humorous, rorist attacks should be our top pri- for fiscal year 2015. This is an issue of to have our Democratic colleagues, ority in Congress and we should not be national security, and we cannot allow having complained for years about playing games with Homeland Security politics to divert attention from our what Republicans do. This is the head- funding. That is the least our constitu- responsibility as Senators. line in the Atlantic: ‘‘The New Demo- ents expect of us. I know that for many The majority in the House sent the cratic Obstructionists.’’ of my colleagues the question of immi- Senate a bill with five poison pills that Here is the headline in the New York gration is a very contentious one and they know will prevent the passage of Times: ‘‘Senate Democrats Block Re- an important one worthy of debate. We this legislation. Yesterday and again publicans’ Homeland Security Bill.’’ should have that debate without risk- today, my Senate colleagues and I sent So I would say, colleagues, the Amer- ing the safety of our families by once a clear message that these politically ican people know better. The media again putting an immigration bill on divisive immigration provisions have knows better. They know who is block- the floor of the Senate. no place in this bill. ing this bill. They know that the Con- But this funding bill for such a vi- I urge my colleagues to dispense with gress of the United States—that the tally important part of our national se- any further delays and allow for an up- House of Representatives and the Sen- curity is simply not the place for an or-down vote on the bill as originally ate is not required to fund any program ideological debate. If we fail to pass drafted. it doesn’t like. and fund the Department of Homeland The Department of Homeland Secu- It is absolutely not required, and it Security, the consequences for our rity funding bill—created in the wake has a duty not to fund Presidential ex- safety could potentially be dev- of 9/11, as Senator DURBIN reminded us penditures that are illegal. The Depart- astating. Take for example the Urban earlier—is not the place to litigate im- ment of Homeland Security is provided Areas Security Initiative. This is the migration policy; rather, those issues funds to enforce the laws of the United program that helps our cities pay for are appropriately addressed in a com- States. The President right now is tak- things such as surveillance equipment, prehensive immigration bill, and I hope

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These should be Taking that wisdom to heart, I will be Paris, Ottawa, and Australia serve as our top priorities, and I support those brief. reminders of the very real threat we efforts, but if Members of the House I want to thank the Henry Clay Center for face. take issue with them, they should draft Statesmanship and the Kentucky Distillers’ Each day we delay in providing ade- and adopt immigration reform, just as Association for hosting this grand event— quate, reliable resources to the Depart- not only tonight’s affair, but shipping a bar- the Senate did on a bipartisan basis 18 rel of Bourbon whiskey from Henry Clay’s ment of Homeland Security, we under- months ago. mine the Department’s efforts to de- estate in Ashland to Washington, DC, just as Our path forward is simple: Pass a the Great Compromiser reportedly often did fend the home front. That is why I am clean funding bill. If my colleagues some two centuries ago. calling on my colleagues to take up want to fix our broken immigration The history of Bourbon whiskey and the and pass a clean bill. system, then let’s take up a bill, but legend of Henry Clay have long been inter- My colleagues on the Appropriations let’s not use this critical funding bill twined. It is said that whenever Clay went to Committee Senator SHAHEEN and Vice to play partisan politics. Washington, he carried a barrel with him, to Chairwoman MIKULSKI have introduced ‘‘lubricate the wheels of government.’’ The dedicated men and women of the Clay is also credited with writing the first a clean DHS funding bill that reflects Department of Homeland Security de- the bipartisan agreement reached be- historical recipe for the mint julep and in- serve better. The American people de- troducing it to the public in this very hotel. tween the House and Senate appropri- serve better. Let’s put aside politics He recorded in his diary his own method ators. This bill funds a wide range of and let’s pass a clean Department of for making the cocktail. Clay called for programs that keep Americans safe and Homeland Security funding bill. ‘‘mellow bourbon, aged in oaken barrels’’ and secure. also instructed that ‘‘the mint leaves, fresh For example, the clean version of Mr. President, I yield the floor. and tender, should be pressed against a coin- this bill funds a host of counterterror- I suggest the absence of a quorum. silver goblet with the back of a silver ism, intelligence, and security func- The PRESIDING OFFICER. The spoon.’’ tions; investments in cyber security clerk will call the roll. The historical record also shows that Clay The legislative clerk proceeded to used Bourbon as an aid to legislating. One defense technologies and personnel, in- observer from that era recalls witnessing vestments to detect and protect call the roll. Mr. ALEXANDER. Mr. President, I Clay and fellow Senate great John Calhoun against biological threats, research and sipping whiskey in the Old Senate Chamber. development of nuclear detection tech- ask unanimous consent that the order Together they would drain their glasses be- nologies, TSA and Coast Guard oper- for the quorum call be rescinded. hind the vice president’s chair—and Clay, ations to keep our skies and our waters The PRESIDING OFFICER (Mr. LEE). with good humor, would say to Calhoun, safe. The clean version also funds $6 Without objection, it is so ordered. ‘‘Well, Mr. Senator, I will admit that you billion in disaster funds to help States, (The remarks of Mr. ALEXANDER per- have had the better of me today; but I’ll be taining to the submission of S. Res. 67 your match tomorrow.’’ localities, businesses, and individuals Legend also holds that Clay’s oratorical are printed in today’s RECORD under rebuild after a natural disaster, staff- skills were often enhanced by his consump- ing nearly 24,000 Customs and Border ‘‘Submitted Resolutions.’’) tion of Kentucky’s favorite beverage. Some Protection officers who ensure legiti- f have said that it is the lime in the water mate travel of individuals who seek to used to make Kentucky Bourbon that lends RECOGNIZING THE HENRY CLAY both Bourbon whiskey and Clay’s oratory enter the country, and staffing 20,000 CENTER FOR STATESMANSHIP Border Patrol agents who protect the their special flare. AND THE KENTUCKY DIS- Whatever it may be that gives Bourbon 6,000 miles of our land border and 2,000 TILLERS’ ASSOCIATION whiskey its unique taste, Kentucky is proud miles of coastal waters. to be the birthplace of Bourbon. Department of Homeland Security Mr. MCCONNELL. Mr. President, last The drink itself is named for Bourbon Secretary Johnson has been clear that night I had the honor of speaking at a County, where the product first emerged. while the Department operates under bourbon event hosted by the Henry Kentucky produces 95 percent of the world’s the current CR, it cannot fund key Clay Center for Statesmanship and the Bourbon supply, and Kentucky’s iconic Bour- homeland security initiatives. Kentucky Distillers’ Association here bon brands ship more than 30 million gallons A short-term CR would prevent the in Washington, DC. This event was for of the spirit to 126 countries, making Bour- Department from awarding new dis- Kentuckians and by Kentuckians and bon the largest export category among all United States distilled spirits. aster preparedness grants that support featured the so-called ‘‘Bourbon Barrel Bourbon also gives much back to Ken- our local emergency responders. It of Compromise’’ that had been deliv- tucky. It is a vital part of the state’s tour- would delay the hiring of more inves- ered from Ashland, the Henry Clay Es- ism and economy. Many a visitor to the tigators for cases related to human tate in Lexington, KY. I would ask that Commonwealth has traced the famous Ken- trafficking and smuggling. It would my remarks at that event last night be tucky Bourbon Trail. And the industry is re- also prevent the Secret Service from entered into the RECORD. sponsible for nearly 10,000 jobs in our state. And both Bourbon and Clay have one thing training for the next Presidential elec- There being no objection, the mate- tion, and the list goes on. in common: They excel at bringing people rial was ordered to be printed in the together in a spirit of compromise. We cannot expect DHS to do long- RECORD, as follows: I’d like to think that this Kentucky spirit term strategic planning with short- [Feb. 3, 2015] of compromise lives on in the Senate today. term funding measures. The Depart- With the new Senate of the 114th Congress, LEADER MCCONNELL’S REMARKS AT BOURBON ment needs reliable funding to operate it’s great to see some real debate on the floor EVENT efficiently and effectively. of the Senate once again. The House majority is unfortunately Thank you, Robert [Clay, co-chairman of It’s been great to see both sides able to the Henry Clay Center for Statesmanship]. playing politics with our homeland se- offer amendments once more. It’s a pleasure to be here to celebrate the I know many of the Democratic Senators curity because the President has taken spirit of Kentucky—literally. Tonight we are glad to be able to give more of a voice to an action that every President since honor two of Kentucky’s most important their constituents too. I believe they wel- the 1950s has taken: He has provided gifts to the nation: the drink that is Bourbon come our vision of a Senate where we’re commonsense direction to our immi- whiskey and the revered statesman Henry doing some real legislating. gration enforcement efforts. Clay. I’m glad to be here to talk about both. A more open Senate presents more oppor- The President’s Executive actions on There are a lot of good Henry Clay stories, tunities for legislators with serious ideas to immigration are fundamentally aimed but let me share one of my favorites—a story make a mark on the legislative process. It at keeping families together, making that demonstrates Clay’s sense of humor and can give members of both parties a real quick wit. our communities safer, and using our stake in the outcome. And it helps lead, I On one occasion, a long-winded colleague hope, to greater bipartisan accomplishments resources efficiently. It is hard to un- of Clay’s, Alexander Smyth of Virginia, was down the road. derstand how someone could oppose giving a speech. He turned to Clay in mid- Just because we have a Republican Con- that. speech and said disdainfully, ‘‘You, sir, speak gress and a Democrat in the White House

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S764 CONGRESSIONAL RECORD — SENATE February 4, 2015 doesn’t mean we can’t deliver for the Amer- and lost opportunities in the early re- ters for Disease Control and Prevention ican people. On the contrary—divided gov- sponse to this disease outbreak. and the U.S. Agency for International ernment has frequently been a time to get Ebola pushed governments, inter- Development and international organi- big things done. That’s something Henry national organizations, and the private zations such as WHO the resources they Clay would have well understood and appre- ciated. sector and health care responders into need? Can we count on them to take Because principled compromise across unknown territory, forcing everyone to the steps to ensure that the right peo- party lines was very familiar to Henry Clay. think and act in new ways. Unfortu- ple are in the right places with the au- Three times in the early years of the nately, with the exception of the non- thority to make the necessary deci- American Republic, the split between North governmental organization Doctors sions in a timely manner? and South threatened to tear the country Without Borders, we were all too slow Too often it seems that we have to apart. And three times before the Civil War to recognize this. The initial response relearn the same lessons each time for finally began, Henry Clay kept the nation to- missed key opportunities to prevent gether, through compromise and negotia- different situations and countries. tion. the crisis from becoming an epidemic, There are already reports, including a Were it not for his leadership, America as and as a result thousands of people died January 19 article in the Washington we know it may not exist today. who might have avoided infection. The Post that describes newly built Ebola The Henry Clay Center for Statesmanship symptoms of the initial victims were response centers, paid for by the rightly keeps his spirit of compromise alive not recognized as Ebola, signs that the United States Government, that stand today through its education programs for epidemic was spreading rather than re- empty or have closed because the num- high school and college students. The Center ceding, as some believed, were mis- teaches Kentucky’s future leaders about ber of new Ebola cases has dropped Henry Clay and the art of meaningful dia- interpreted, and governments and sharply. It is far better to be prepared logue and discourse. international organizations did not ef- than unprepared, but we need to reas- It makes me proud as a Kentuckian to see fectively communicate or coordinate sess the situation and be sure that we Henry Clay’s legacy live on, whether it is with local communities impacted by are adjusting our response appro- through the Clay Center, through the U.S. the virus, nor were the necessary re- priately. Senate, or through all of us here today. sources to combat the disease available The fiscal year 2015 Consolidated Ap- It makes me proud as a Kentuckian to see in-country early enough. the imprint the Bluegrass State has made on propriations Act includes $2.5 billion the history of this country. Not only Clay, As work was done to overcome these for the Department of State and but famous Kentuckians like Abraham Lin- missteps and challenges, the epidemic USAID response to the Ebola crisis. As coln. John Sherman Cooper. Alben Barkley. spread further across borders, as did ranking member of the appropriations And the recently departed Wendell Ford. rumors, and fear increased, people in subcommittee that funds those agen- And it makes me proud as a Kentuckian to the affected areas became increasingly cies, I hope they will ensure that we see how many other Kentucky traditions distrustful of those who were trying to use these funds to avoid past mistakes, have made a lasting imprint on our country. help, and already scarce health care by improving flexibility to respond to Not least of which is the Run for the Roses workers became harder to recruit. on the first Saturday of every May. the crisis as it changes, relying less on So thank you for allowing me to be here The consequences of not containing international nongovernmental organi- tonight. And thank you for taking the spirit the disease in the early stages have zations and foreign contractors, and in- of Kentucky with you wherever you go. been catastrophic. As of January 28, creasing support for building local pub- Good night. WHO estimates that 8,795 people have lic health capacity and a sustainable f died from the Ebola virus, and accord- and resilient private sector, increasing ing to UNICEF’s preliminary esti- LESSONS FROM THE EBOLA awareness and sensitivity to cultural mates, as of December 29 at least 3,700 EPIDEMIC norms of those impacted by the crisis, children in Guinea, Liberia, and Sierra and improving communication and co- Mr. LEAHY. Mr. President, not long Leone have lost one or both parents to ordination among local communities, ago Liberia, Sierra Leone, and Guinea, the disease. The children of those coun- local and national governments, and the World Health Organization, WHO, tries have not attended school since the international community. These and the United Nations, and the United mid-2014. While Guinea reopened their are not new ideas but they emerge time States, Great Britain, France, and schools in mid-January, attendance and again. other countries were frantically trying has remained low. Liberia is preparing Finally, we need to be far better pre- to bring the Ebola crisis in West Africa to reopen schools in mid-February, and pared for protecting American citizens under control. Sierra Leone hopes to reopen its from contagious diseases that can Thousands of people died due to a dis- schools by the end of March. spread like wildfire from a single astrous failure by WHO’s Africa re- Unemployment and business closures health care worker or other infected gional representative, serious mis- have increased, cross-border trade has individual who returns from an af- calculations by local officials and glob- plummeted, and there are concerns fected country. Fortunately, only one al health experts, and a myriad of that food shortages and malnutrition death from Ebola occurred in the U.S., other problems ranging from weak will increase because food stock that but it could have been far worse. local health systems that were quickly would normally be kept for next year is Now is the time to reassess how we overwhelmed to a lack of accurate in- already being eaten. should respond domestically and inter- formation and cultural practices that According to the World Bank’s De- nationally to regional epidemics and helped spread the disease rather than cember estimates, the growth in GDP prepare accordingly. We cannot afford contain it. in 2014 for Liberia and Sierra Leone fell to waste time and resources making But in the past few weeks there has by over 60 percent in each country and the same mistakes and relearning old been some good news about progress in Guinea’s GDP growth in 2014 is down lessons. stopping Ebola. According to WHO, Li- by 89 percent. beria, Sierra Leone, and Guinea re- Much of our investments in the re- f corded their lowest weekly numbers of building of Liberia and Sierra Leone A RETURN TO DEMOCRACY IN SRI new cases in months. The United Na- since the civil wars there have been ob- LANKA tions special envoy on Ebola stated literated by Ebola. These countries are that the epidemic appears to be slow- back at square one. Mr. LEAHY. Mr. President, for hun- ing down, and the Government of Libe- The world’s initial response to the dreds of millions of people around the ria has set a target of zero new Ebola Ebola crisis illustrates how unprepared globe, including in countries whose cases by the end of February. we are for future global health crises governments are allies of the United It is heartening to see that the hard which may be far more devastating and States, democracy and human rights work by Liberia, Sierra Leone, Guinea, fast spreading than Ebola, if that is are aspirations that seem beyond and the international community are possible to imagine. reach. According to a recent report by bringing results. But we are not out of How can we avoid repeating our mis- Freedom House, the state of freedom in the woods yet and there are important takes? Are we going to provide our own the world declined in almost every re- lessons to be learned from the mistakes government agencies such as the Cen- gion over the past year. But while we

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S765 should be deeply concerned by this dis- with independent police and judicial proaches to improve academic outcomes for couraging trend, we should also recog- institutions, and inclusive governance. students, particularly low-income and at- nize where progress is being made. He has also committed to taking steps risk students? Second, how can we improve On January 8, the people of Sri the federal law to encourage more states, to address the cases of those detained districts, and schools to innovate? Lanka stunned a repressive govern- under the Prevention of Terrorism Act, And when I say law, I should also draw at- ment that had been rapidly central- PTA, many of whom are political pris- tention to the regulations that have followed izing power and dismantling demo- oners like Jeyakumari Balendran. The these laws. For example, every state has to cratic institutions. President Mahinda reviews should be carried out expedi- submit a plan to the federal government to Rajapaksa, who sensed his increasing tiously. While the release of 572 pris- receive its share of the $14.5 billion Title I unpopularity, called a snap election 2 program distributed to states for low-income oners at the time of Pope Francis’s children. That’s about $1,300 for every child years early hoping to take advantage visit on January 14 was a positive step, who lives at or below the federal poverty of his fragmented opposition. However, it is the cases of political prisoners de- line. Those Title I applications are reviewed to his surprise and the surprise of tained under the PTA that will dem- by the Department of Education, as well as many observers, a broad coalition of onstrate the Sirisena government’s by outside experts, before you can spend a Sri Lankans voted to oust his adminis- commitment to reconciliation. The dime of that money. In addition, 42 states, tration and to chart a new course. sooner innocent victims of the the District of Columbia and Puerto Rico are operating under waivers from the out-of-date Rather than balk at forfeiting the Rajapaksa government’s repression are and unworkable regulations in No Child Left chance for an unprecedented third freed, the faster Sri Lanka will be able Behind. To receive those waivers, states have term, President Rajapaksa, under pres- to recover. to submit waiver applications. In Tennessee, sure from the international commu- Over the years I have spoken in this that waiver application was 91 pages long nity, stepped down within hours of the Chamber in support of independent in- with more than 170 pages of attachments. election results being published. vestigations of war crimes and justice Since 2012, the state has had to submit eight This was welcome news. After suf- different updates or amendments to the plan. and reconciliation in Sri Lanka. I have In addition to all this, the U.S. Depart- fering decades of on-and-off conflict met the relatives of victims of the war. ment of Education spends another $9–10 bil- that is estimated to have cost as many President Sirisena’s election offers the lion or so on about 90 different programs as 100,000 lives, only to have the vio- chance for all Sri Lankans to finally that are either authorized or funded under lence replaced by increasing repression recover from that tragic period by re- No Child Left Behind, with separate applica- and political and ethnic polarization, building their country in a spirit of tol- tion and program requirements. These pro- the peaceful transfer of power has erance, respect, and common purpose. grams include Promise Neighborhoods and Investing in Innovation. helped breathe life into the hopes of f So are we spending this money in a way Sri Lankans for reconciliation and a FIXING NO CHILD LEFT BEHIND: that makes it easier or harder for you to in- better future. For that hope to become novate and achieve better academic out- reality, newly elected President INNOVATION TO BETTER MEET comes? Maithripala Sirisena will need to gain THE NEEDS OF STUDENTS My own view is that the government ought the trust of all Sri Lankans, regardless Mr. ALEXANDER. Mr. President, I to be an enabler and encourager, rather than of their ethnicity or political views. In ask unanimous consent that a copy of a mandater, of innovation. It can do this well. For example, last year Congress over- too many countries democracy has my remarks at the Senate Health, Edu- whelmingly supported reauthorizing the been treated as an election rather than cation, Labor and Pensions Committee Child Care and Development Block Grant a way of governing, but for it to suc- hearing yesterday be printed in the program that gives grants to states that ceed all citizens must have the ability RECORD. allow parents to receive a voucher for the to participate meaningfully. As Presi- There being no objection, the mate- child care of their choice so they can attend dent Sirisena stated in his inaugural rial was ordered to be printed in the school or go to work. Seven decades ago the G.I. Bill enabled RECORD, as follows: address, what Sri Lanka needs ‘‘is not World War II veterans to attend a college of a King, but a real human being’’. FIXING NO CHILD LEFT BEHIND: INNOVATION their choice, helping them become the great- Of course, democracy alone will not TO BETTER MEET THE NEEDS OF STUDENTS est generation. Today, half our college stu- heal Sri Lankan society. No one knows This is the 27th hearing in the last six dents have federal grants or loans that fol- this better than those who lost family, years about fixing No Child Left Behind or a low them to the colleges of their choice, ena- friends, and loved ones in the war with related elementary and secondary education bling them to buy the surest ticket to a bet- the LTTE, or Tamil Tigers. In the final issue. I hope we are not far from a conclu- ter life and job. About 98 percent of the fed- sion—from moving from hearings and discus- months of that war, many thousands of eral dollars that go to higher education fol- sions to marking up a bill. From the begin- low the student to the school they attend. In civilians died, mostly as a result of ning of our work on No Child Left Behind, we K–12, the only money that follows students shelling by the Sri Lankan military of concluded it would be better, rather than to the school they attend is the school lunch civilians who had been uprooted by the start from scratch on a new Elementary and program. fighting. The United Nations, the Secondary Education Act, to identify the Now, I’ll turn to Ranking Member Murray United States, other governments and problems in the law and try to fix them. for her opening statement and then we’ll get human rights organizations have long Generally speaking, we agree on the prob- the conversation going. called for thorough, independent inves- lems, and on several solutions we are not far f from reaching consensus. We still have some tigations and punishment of those re- work to do on accountability. And by ac- SCHOOL CHOICE sponsible for war crimes and crimes countability, I mean goals, standards, an- Mr. ALEXANDER. Mr. President, I against humanity. nual tests, disaggregated reporting of test ask unanimous consent that a copy of While President Sirisena has pledged results, and defining success or failure for my remarks at the Brookings Institu- to launch a domestic inquiry into al- teachers and schools as well as the con- tion earlier today be printed in the leged war crimes, I agree with those sequences of that success or failure. On some RECORD. who insist that nothing less than an of these things, we pretty much agree, like the need for a new goal. On other things, we There being no objection, the mate- international investigation, as called rial was ordered to be printed in the for by the U.N. Human Rights Council, still have some work to do, like whether or not to keep the 17 annual federal standard- RECORD, as follows: will likely suffice to overcome the sus- ized tests. SCHOOL CHOICE picion and distrust concerning this This morning we are holding a roundtable I am delighted to be here, but I should issue. It would be far better if the gov- discussion on ‘‘Fixing No Child Left Behind: warn you: Based on my track record, I’m ernment seeks the assistance of the UN Innovation to Better Meet the Needs of Stu- probably not your most reliable observer on High Commissioner for Human Rights dents.’’ We aim for this to be different than school choice. in developing a credible plan for inves- a hearing. Senator Murray and I will each If I take you back to September 1992, I tigating violations of human rights by have a short opening statement and then we gave a speech at Ashland University in Ohio, both sides in the conflict, and holding will introduce our roundtable of partici- and I predicted that by the year 2000 ‘‘school pants. Then we’re going to jump right into choice will not be an issue.’’ those responsible accountable. the conversation, posing two questions to I suggested that an Ashland student writ- I am encouraged that President help guide the discussion. ing a thesis in 2000 ought to make the sub- Sirisena has pledged to return the First, what is your state, district, or ject parental choice of schools, because by country to a parliamentary democracy school doing to implement innovative ap- then, I said, ‘‘It will be a matter of history.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S766 CONGRESSIONAL RECORD — SENATE February 4, 2015 ‘‘Your colleagues will wonder along with In addition, today more than 300,000 chil- President George H. W. Bush, I wrote every you as you examine this strange era when we dren are served by 41 private school choice school superintendent in America asking granted government monopolies control of programs across 19 states, D.C., and Douglas them to try this new idea from Minnesota the most valuable and important enterprises County, Colorado. These programs often give called ‘‘start-from-scratch schools.’’ At the in town, and so many people fought furiously students who meet certain criteria—usually time there were only twelve of them. They to keep doors to many of the best schools based on income, special needs, or academic were the first charter schools. Today there closed to poor children. performance—an opportunity for a voucher, are more than 6,000. ‘‘They will ask, how could this have ever tax credit program, or education savings ac- Charter schools have had strong bipartisan happened in America, at a time when the count to allow them to attend private support—including from President Clinton ideas of freedom, choice and opportunity schools. and Secretary Duncan. were sweeping the rest of the world?’’ Also, the option for homeschooling is We’ve got in our discussion draft provi- My prediction might not have been right, available in all states and parents of about sions that would streamline and update the but not because we didn’t try. three percent of school-age children choose existing Charter Schools Program to: In 1984, I gave a speech at the University of to homeschool. Provide grants to State entities to start the South outlining the ‘‘deep ruts’’ into Allowing students to choose among schools new charter schools and to replicate or ex- which American K–12 education had fallen. is not a new idea for the federal government. pand high-quality charter schools. One of those was the lack of school choice Allowing federal dollars to follow students Provide grants to entities to enhance cred- for parents. has been a successful strategy in American it methods to finance charter school facili- In 1985, the National Governors Associa- education for 70 years. ties. tion (NGA) embarked on a project called In 1944, the G.I. Bill allowed veterans to Provide grants to charter management or- ‘‘Time for Results.’’ We divided into seven choose among colleges, public or private. ganizations, like KIPP or Rocketship in my task forces, each chaired by a governor, to Today, about $136 billion in federal grants home state of Tennessee, to replicate or ex- ask seven of the toughest questions you and loans continue to follow students to the pand high-quality charter schools. could ask about American education. One of college or university of their choice. Our goal is to grow the federal investment those questions was, ‘‘Why not let parents Just last year, Congress reauthorized the in expanding and replicating high-quality choose the schools their children attend?’’ $2.4 billion Child Care and Development charter schools with a demonstrated record The task force working on that question was Block Grant program, or CCDBG, which, of success, and hold charter schools account- chaired by the Democratic governor of Colo- when combined with other federal and state able for their performance. rado, Richard Lamm, who said then, ‘‘You funding, helps approximately 900,000 families Other senators also have some good pro- know, it is interesting that America is a pay for child care of their choice while they posals. Senators Paul and Lee both have bills land of choices. We have 100 breakfast cere- work or attend school, mostly through to allow federal dollars from Title I of the als to choose from, 200 different makes of vouchers. Elementary and Secondary Education Act to cars. But in this one educational area . . . we These are among the most successful and follow low-income children to the public or have not done a lot in choice.’’ popular federal programs—why is it so hard private school of their parents’ choice. Sen- Then in 1992, President Bush proposed his to apply the same sorts of choices to elemen- ator Rubio has a bill that creates a new fed- ‘‘GI Bill for Children,’’ which was a plan to tary and secondary schools? eral tax credit for individual and corporate allow states and cities to give $1,000 annual What can the federal government do now donations to organizations that provide low- scholarships in new federal dollars to each to expand the opportunity parents have to income students with private school scholar- child of a middle- and low-income family in choose the most appropriate school for their ships. a participating state or locality. children? As for the future, I think I’ve learned my Families could spend the scholarships at The first is Scholarships for Kids. This is a lesson—I’m not about to make a prediction. any lawfully operated school—public, private bill I introduced that would use $24 billion of It looks like it will be a while before or religious. the federal dollars we spend each year on K– school choice will be a matter of history. And up to half of the scholarship could be 12 education and allow states to create $2,100 But the progress so many have made is im- spent on other academic programs, like a scholarships to follow 11 million low-income pressive—there is plenty of opportunity to Saturday math tutoring program or a sum- children to any public or private school of do more. mer accelerated language course. their parents’ choice. As Ross Perot told me in 1984, ‘‘Changing That year, the Carnegie Foundation had Also, the discussion draft I’ve just released the public schools of Texas was the hardest, reported that 28 percent of our nation’s par- to fix No Child Left Behind gives states the meanest, bloodiest thing I’ve ever tried to ents would like to send their child to a dif- option of using $14.5 billion in Title I money do.’’ ferent school. to follow 11 million low income children to Since I’m not going to make a prediction Today, that number is even higher—it is, the public school they attend. then I’ll end with a question—the same one in fact, more than twice as high. A recent Most people agree that Title I money, I asked in 1992: If we trust parents to choose 2013 Luntz Global study found that 64 per- which is supposed to help low-income kids, child care for their children, and we trust cent of parents said that ‘‘if given the finan- gets diverted to different schools because of them to help their children choose a college cial opportunity,’’ they would send one or all a formula that targets money to districts to attend—and both those systems have been of their children to a different school. based on how much states spend per student. so successful—why do we not also trust them The last 23 years have seen some positive That is largely influenced by teacher sala- to choose the best elementary or high school changes in the ability of parents to choose ries. for their children? their children’s schools. The simplest way to solve that problem is f Today all 50 states and Washington, D.C. to let that money follow the child to the offer to some students alternatives to the school they attend. You could do that to just HONORING OUR ARMED FORCES school they would normally be assigned public schools, which has been the tradition NAVY SPECIAL WARFARE OPERATOR FIRST based on their residence. with Title I money, or to private schools, CLASS WILLIAM MARSTON Approximately 15 percent of school-age which is what I would prefer. Ms. AYOTTE. Mr. President, I wish The second is the CHOICE Act. This is a children attend a school other than their to honor the life of William ‘‘Blake’’ school of residence through open-enrollment proposal by Senator Tim Scott to allow programs. about $11 billion the federal government now Marston, a Navy SEAL from New Policies in 42 states allow some, or all, par- spends for children with disabilities to follow Hampshire who was tragically killed in ents to send their children to public schools those six million children to the schools the line of duty. outside their districts. their parents believe provide the best serv- Blake Marston was an extraordinary Of those 42 states—15 states require dis- ices. man who served our Nation with honor, tricts to participate, 23 allow them to par- I think it’s important to note that these courage, and commitment. His decision ticipate, and three require it specifically for bills do not require states to do anything— to become a Navy SEAL and take risks low-income students and students in failing instead they give them the option to have schools. money follow the child. in training and combat missions alike In 31 states, parents are allowed to choose The third is the DC Opportunity Scholar- speaks to his love of country and his among schools within their district. ship Program. Senator Scott’s CHOICE Act dedication to serving his fellow Ameri- Of those 31 states—16 states require dis- would also expand the D.C. Opportunity cans. His ultimate sacrifice in the line tricts to participate, 10 allow them to par- Scholarship Program that began in 2004 and of duty leaves all New Hampshire citi- ticipate, and 6 require it for low-income stu- has provided about 6,000 low-income students zens in Blake’s debt. dents or students in failing schools 6 states. in Washington, D.C. with the opportunity to Blake grew up in Bedford, NH, where More than 2.5 million—or nearly five per- receive a scholarship to attend a private he excelled as a student athlete and cent of all public school children—are en- school of their parents’ choice. Today, far rolled in more than 6,000 public charter more parents in the city have applied for the was known by his coaches for being a schools in 42 states and D.C. Typically par- scholarships than have received them. hard worker and dedicated team mem- ents choose to enroll their children in these The fourth is expanding charter schools. In ber. He loved baseball and was an al- schools. my final year as education secretary under pine ski racer. It is clear that Blake

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S767 was special from an early age. From pound, while under heavy fire, to ad- America and to freedom-loving nations his involvement in the church youth minister aid to the wounded and move around the world. His service to his group, to his mentorship of young ath- them to safety. His valiant actions dur- country and his bravery earn him a letes, Blake was devoted to helping ing the assault did not end there. place among the outstanding men and others. While not a weapons specialist, Mas- women who have valiantly defended At Stonehill College, Blake majored ter Sergeant Holt nonetheless was a our Nation. in criminal justice and studio arts, and professional Special Operations soldier His commitment to helping those it was during his senior year that he who knew how to fire every weapon in around him, as well as serving the decided that he wanted to become a that camp accurately and effectively. country, demonstrates his unwavering Navy SEAL—a member of the most He was also a decisive leader who took selfless character. His actions rep- elite special forces unit. Blake’s charge of a silent 106 mm recoilless resent only the greatest of Nevada’s athleticism, leadership, and determina- rifle and brought it to life, destroying values, including a sense of community tion provided him with the physical three enemy tanks before running out and an obligation to help others. and mental toughness he needed to en- of ammunition. As a member of the Senate Veterans’ dure one of the most grueling training Master Sergeant Holt then supplied Affairs Committee, I recognize that experiences in the world in order to be- himself with light anti-tank weapons Congress has a responsibility not only come a SEAL. And he succeeded. and charged into the face of the enemy, to honor these brave individuals who Blake’s service to our Nation in- single-handedly attacking the tank serve our Nation, but also to ensure cluded two tours of duty in Afghani- formation, and allowing time for his they are cared for when they return stan. He never let up on his desire to brothers-in-arms to fight their way to home. I remain committed to uphold- improve and be the best SEAL he could safety. When two enemy tanks broke ing this promise for our veterans and be. Just as he put in the time in his through the perimeter, Master Ser- servicemembers in Nevada and backyard with his dad honing his base- geant Holt delivered deadly fire on throughout the Nation. ball skills, he also worked tirelessly at them, scoring a direct hit on one of the During his tenure, Sergeant Mahana being the best that he could be as a de- armored vehicles. has demonstrated professionalism, fender of our country. The Battle of Lang Vei was a short, commitment to excellence, and dedica- Blake died training to conduct the but costly battle that could have even tion to the highest standards of the Air kinds of missions that keep Americans worse for American forces if it were Force. I am both humbled and honored safe. We owe our freedom and security not for Master Sergeant Holt’s heroics. by his service and am proud to call him to Blake and the men and women like For his acts of bravery, Master Ser- a fellow Nevadan. Today, I ask my col- him in our armed services. geant Holt was posthumously awarded leagues to join me in recognizing Sgt. During the Celebration of Life serv- the Silver Star for gallantry in action Justin Mahana for all of his accom- ice held in Blake’s honor, his family, and the Purple Heart. plishments and wish him well in all of friends, and classmates described a I was at the ceremony in 2013 when his future endeavors.∑ young man who was kind, compas- Master Sergeant Holt was post- f humously inducted into the Arkansas sionate, thoughtful, and funny—a REMEMBERING DAVID LEE Military Veterans Hall of Fame and I gentle giant, yet also a highly trained, THOMAS, SR. elite warrior. In describing his devo- wish I could be onhand when the com- ∑ tion to his fellow SEALs, Blake once munity honors him this weekend. Mr. SESSIONS. Mr. President, I rise remarked to his father, ‘‘You know, These tributes will help ensure Master today to pay tribute to David Lee Dad, I can’t possibly imagine being in Sergeant Holt’s remarkable story of Thomas, Sr. of Mobile, AL, who passed any other profession where I have such bravery and selfless sacrifice forever away on January 22, 2015. He and I were respect and love for my teammates.’’ lives on.∑ friends for many years. I first got to Blake will be laid to rest in Arling- f know him when I was a young Assist- ton National Cemetery, a hero sur- ant U.S. attorney in Mobile and he was TRIBUTE TO SERGEANT JUSTIN already a proven and respected Federal rounded by his brothers in arms. MAHANA My thoughts and prayers are with law officer. He had been hired as the Blake’s parents Nancy and Bill, and ∑ Mr. HELLER. Mr. President, I wish first African-American investigator in sister Emily, who have lost a loving to recognize Sgt Justin Mahana for his the southeast region, with the office of son and brother. May God bless Blake courageous act to help others. After inspector general, U.S. Department of and his family. driving from Las Vegas to Lake Agriculture. He was investigating Havasu, AZ, to help a coworker whose fraud by stores and businesses that f car had broken down, Sergeant Mahana were buying food stamps for cash or ADDITIONAL STATEMENTS stopped at a gas station to check that carrying on other unlawful activities. his own car was ready for the trip back One of the highlights of his career with to Nevada. While there, Sergeant the OIG was receiving a letter from REMEMBERING MASTER Mahana witnessed a car crash into a President Ronald Reagan for solving a SERGEANT JAMES WILLIAM HOLT median, leading him to investigate the fraud case which saved the U.S. Gov- ∑ Mr. BOOZMAN. Mr. President, this accident and pull the driver out of the ernment $10 million. During that time, Saturday, February 7, 2015, members of car as it lit into flames. It gives me we worked a number of cases together. the Hempstead County community will great pleasure to recognize his bravery Several went to trial, and he taught me gather for a memorial service for MSG and his commitment to others both in a great deal about law, trials, and how James William Holt of Hope, AR, who this moment and throughout his life. fraud and abuse occur. was killed in action in Vietnam in 1968. Sergeant Mahana, a 17-year veteran, David retired from the OIG in 1990, The service will take place on the joined the U.S. Air Force because he but that retirement lasted all of 6 47th anniversary of Master Sergeant wanted to make a difference in the months. He began working at the Mo- Holt’s heroic actions and will coincide lives of others. His job entails the bile Drug Coalition, and from there he with the return of his remains for prop- maintenance and upkeep of military began the second most rewarding ca- er burial. vehicles that are used by reer when he became the assistant di- In the early morning hours of Feb- pararescuemen when conducting com- rector of the Mobile County Commu- ruary 7, 1968, the North Vietnamese bat search and rescue missions, as well nity Corrections Center. In that role, Army launched a massive, coordinated as humanitarian relief operations. he established the Court Police Depart- tank and infantry assault on the Spe- Both his commitment to the Air Force, ment and helped develop the Mobile cial Forces Camp at Lang Vei that cre- as well as his daily actions, prove his County Drug Court Program, which ated numerous casualties among the regard for others. was the first of its kind in Alabama. troops defending the base. I extend my deepest gratitude to Ser- David loved his community and was As a Special Forces medic, Master geant Mahana for his courageous con- involved in many organizations to Sergeant Holt raced around the com- tributions to the United States of make Mobile a better place to live. He

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S768 CONGRESSIONAL RECORD — SENATE February 4, 2015 was also very active in his church. He While the Government of Coˆ te Management Rule)’’ (RIN0596–AD17) received was a great law enforcement officer, d’Ivoire and its people continue to in the Office of the President of the Senate citizen, friend, and devoted father and make progress toward peace and pros- on February 2, 2015; to the Committee on Ag- riculture, Nutrition, and Forestry. grandfather. This Nation has many ex- perity, the situation in or in relation EC–506. A communication from the Asso- cellent Federal employees and officials. to Coˆ te d’Ivoire continues to pose an ciate Administrator of the Fruit and Vege- David was one of the best. His record unusual and extraordinary threat to table Programs, Agricultural Marketing speaks for itself. I extend my sympathy the national security and foreign pol- Service, Department of Agriculture, trans- to his friends and family.∑ icy of the United States. For these rea- mitting, pursuant to law, the report of a rule sons, I have determined that it is nec- entitled ‘‘Irish Potatoes Grown in Colorado; f Relaxation of the Handling Regulation for essary to continue the national emer- MESSAGES FROM THE PRESIDENT Area No. 3’’ (Docket No. AMS–FV–14–0092; gency and related measures blocking FV14–948–1 IR) received in the Office of the Messages from the President of the the property of certain persons contrib- President of the Senate on February 2, 2015; United States were communicated to uting to the conflict in Coˆ te d’Ivoire. to the Committee on Agriculture, Nutrition, the Senate by Mr. Pate, one of his sec- and Forestry. BARACK OBAMA. retaries. EC–507. A communication from the Asso- THE WHITE HOUSE, February 4, 2015. ciate Administrator of the Fruit and Vege- f f table Programs, Agricultural Marketing Service, Department of Agriculture, trans- EXECUTIVE MESSAGES REFERRED MESSAGE FROM THE HOUSE mitting, pursuant to law, the report of a rule As in executive session the Presiding entitled ‘‘Marketing Order Regulating the At 2:16 p.m., a message from the Handling of Spearmint Oil Produced in the Officer laid before the Senate messages House of Representatives, delivered by from the President of the United Far West; Revision of the Salable Quantity Mrs. Cole, one of its reading clerks, an- and Allotment Percentage for Class 3 (Na- States submitting sundry nominations nounced that the House has passed the tive) Spearmint Oil for the 2014–2015 Mar- which were referred to the appropriate following bill, in which it requests the keting Year’’ (Docket No. AMS–FV–13–0087; committees. concurrence of the Senate: FV14–985–1B IR) received in the Office of the (The messages received today are President of the Senate on February 2, 2015; H.R. 596. An act to repeal the Patient Pro- to the Committee on Agriculture, Nutrition, printed at the end of the Senate pro- tection and Affordable Care Act and health ceedings.) and Forestry. care-related provisions in the Health Care EC–508. A communication from the Asso- f and Education Reconciliation Act of 2010, ciate Administrator of the Fruit and Vege- and for other purposes. table Programs, Agricultural Marketing REPORT ON THE CONTINUATION f Service, Department of Agriculture, trans- OF THE NATIONAL EMERGENCY mitting, pursuant to law, the report of a rule THAT WAS DECLARED IN EXECU- MEASURES REFERRED entitled ‘‘Oranges and Grapefruit Grown in TIVE ORDER 13396 ON FEBRUARY The following bills were read the first Lower Rio Grande Valley in Texas; De- 7, 2006, WITH RESPECT TO THE creased Assessment Rate’’ (Docket No. AMS– and the second times by unanimous FV–14–0054; FV14–906–3 FIR) received in the SITUATION IN OR IN RELATION consent, and referred as indicated: TO COˆ TE D’IVOIRE—PM 4 Office of the President of the Senate on Feb- H.R. 159. An act to stop exploitation ruary 2, 2015; to the Committee on Agri- The PRESIDING OFFICER laid be- through trafficking; to the Committee on culture, Nutrition, and Forestry. fore the Senate the following message the Judiciary. EC–509. A communication from the Direc- from the President of the United H.R. 181. An act to provide justice for the tor of the Regulatory Management Division, Environmental Protection Agency, transmit- States, together with an accompanying victims of trafficking; to the Committee on the Judiciary. ting, pursuant to law, the report of a rule en- report; which was referred to the Com- titled ‘‘Poly(oxy-1,2-ethanediyl), a-(3- mittee on Banking, Housing, and H.R. 285. An act to amend title 18, United States Code, to provide a penalty for know- carboxy-1-oxosulfopropyl)-w-hydroxy-, (C10- Urban Affairs: ingly selling advertising that offers certain C16) - alkyl ethers, disodium salts; Exemp- commercial sex acts; to the Committee on tion from the Requirement of a Tolerance’’ To the Congress of the United States: (FRL No. 9920–44) received in the Office of the Judiciary. Section 202(d) of the National Emer- the President of the Senate on February 2, H.R. 515. An act to protect children from gencies Act (50 U.S.C. 1622(d)) provides 2015; to the Committee on Agriculture, Nu- exploitation, especially sex trafficking in trition, and Forestry. for the automatic termination of a na- tourism, by providing advance notice of in- tional emergency, unless, within 90 EC–510. A communication from the Board tended travel by registered child-sex offend- Chair and Chief Executive Officer, Farm days prior to the anniversary date of ers outside the United States to the govern- Credit Administration, transmitting the its declaration, the President publishes ment of the country of destination, request- Agency’s proposed fiscal year 2016 budget; to in the Federal Register and transmits to ing foreign governments to notify the United the Committee on Agriculture, Nutrition, the Congress a notice stating that the States when a known child-sex offender is and Forestry. emergency is to continue in effect be- seeking to enter the United States, and for EC–511. A communication from the Con- yond the anniversary date. In accord- other purposes; to the Committee on Foreign gressional Review Coordinator, Animal and Relations. ance with this provision, I have sent to Plant Health Inspection Service, Department f of Agriculture, transmitting, pursuant to the Federal Register for publication the law, the report of a rule entitled ‘‘Commuted enclosed notice stating that the na- MEASURES READ THE FIRST TIME Traveltime; Correction’’ (Docket No. APHIS– tional emergency declared in Executive 2004–0108) received in the Office of the Presi- The following bill was read the first Order 13396 of February 7, 2006, with re- dent of the Senate on February 3, 2015; to the time: spect to the situation in or in relation Committee on Agriculture, Nutrition, and to Coˆ te d’Ivoire is to continue in effect H.R. 596. An act to repeal the Patient Pro- Forestry. tection and Affordable Care Act and health EC–512. A communication from the Con- beyond February 7, 2015. gressional Review Coordinator, Animal and ˆ care-related provisions in the Health Care The Government of Cote d’Ivoire and and Education Reconciliation Act of 2010, Plant Health Inspection Service, Department its people continue to make significant and for other purposes. of Agriculture, transmitting, pursuant to progress in promotion of democratic, law, the report of a rule entitled ‘‘Importa- social, and economic development. The f tion of Two Hybrids of Unshu Orange From United States also supports the ad- EXECUTIVE AND OTHER the Republic of Korea Into the Continental ˆ United States’’ ((RIN0579–AD87) (Docket No. vancement of impartial justice in Cote COMMUNICATIONS APHIS–2013–0085)) received in the Office of d’Ivoire as well as the Government of The following communications were the President of the Senate on January 30, Coˆ te d’Ivoire’s efforts to prepare for a laid before the Senate, together with 2015; to the Committee on Agriculture, Nu- peaceful, fair, and transparent presi- trition, and Forestry. accompanying papers, reports, and doc- EC–513. A communication from the Chair dential election in 2015, which will be uments, and were referred as indicated: an important milestone in Coˆ te of the Military Compensation and Retire- EC–505. A communication from the Man- ment Modernization Commission, transmit- d’Ivoire’s progress. We urge all sides to agement and Program Analyst, Forest Serv- ting, pursuant to law, reports entitled ‘‘Re- work for the benefit of the country as ice, Department of Agriculture, transmit- port of the Military Compensation and Re- a whole by rejecting violence and par- ting, pursuant to law, the report of a rule en- tirement Modernization Commission: Legis- ticipating in the electoral process. titled ‘‘Use By Over-Snow Vehicles (Travel lative Proposals,’’ ‘‘Report of the Military

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S769 Compensation and Retirement Moderniza- export Controls Under the Export Adminis- EC–531. A communication from the Direc- tion Commission: Interim Report,’’ and Re- tration Regulations’’ (RIN0694–AF72) re- tor of the Regulatory Management Division, port of the Military Compensation and Re- ceived in the Office of the President of the Environmental Protection Agency, transmit- tirement Modernization Commission: Final Senate on January 28, 2015; to the Com- ting, pursuant to law, the report of a rule en- Report’’; to the Committee on Armed Serv- mittee on Banking, Housing, and Urban Af- titled ‘‘Approval and Promulgation of Air ices. fairs. Quality Implementation Plans; New Mexico; EC–514. A communication from the Under EC–524. A communication from the Con- Albuquerque/Bernalillo County; Revisions to Secretary of Defense (Personnel and Readi- gressional Review Coordinator, Animal and Emissions Inventory Requirements, and Gen- ness), transmitting the report of an officer Plant Health Inspection Service, Department eral Provisions’’ (FRL No. 9922–25–Region 6) authorized to wear the insignia of the grade of Agriculture, transmitting, pursuant to received in the Office of the President of the of brigadier general in accordance with title law, the report of a rule entitled ‘‘Brucellosis Senate on February 2, 2015; to the Com- 10, United States Code, section 777; to the Class Free States Certified Brucellosis-Free mittee on Environment and Public Works. Committee on Armed Services. Herds; Revisions to Testing and Certification EC–532. A communication from the Assist- EC–515. A communication from the Under Requirements’’ ((RIN0579–AD22) (Docket No. ant Secretary of the Army (Civil Works), Secretary of Defense (Personnel and Readi- APHIS–2009–0083)) received in the Office of transmitting, pursuant to law, a report enti- ness), transmitting the report of an officer the President of the Senate on February 3, tled ‘‘North Atlantic Coast Comprehensive authorized to wear the insignia of the grade 2015; to the Committee on Agriculture, Nu- Study: Resilient Adaptation to Increasing of major general in accordance with title 10, trition, and Forestry. Risk’’; to the Committee on Environment United States Code, section 777; to the Com- EC–525. A communication from the Assist- and Public Works. mittee on Armed Services. ant General Counsel for Legislation, Regula- EC–533. A communication from the Man- EC–516. A communication from the Sec- tion and Energy Efficiency, Department of agement and Program Analyst, Federal retary of the Treasury, transmitting, pursu- Energy, transmitting, pursuant to law, the Aviation Administration, Department of ant to law, a six-month periodic report on report of a rule entitled ‘‘Technical Amend- Transportation, transmitting, pursuant to the national emergency that was declared in ments: Transfer of Office Functions’’ law, the report of a rule entitled ‘‘Airworthi- Executive Order 13441 with respect to Leb- (RIN1992–AA47) received in the Office of the ness Directives; Dassault Aviation Air- anon; to the Committee on Banking, Hous- President of the Senate on February 2, 2015; planes’’ ((RIN2120–AA64) (Docket No. FAA– ing, and Urban Affairs. to the Committee on Energy and Natural Re- 2014–0626)) received in the Office of the Presi- EC–517. A communication from the Chief sources. dent of the Senate on February 2, 2015; to the Counsel, Federal Emergency Management EC–526. A communication from the Assist- Committee on Commerce, Science, and Agency, Department of Homeland Security, ant General Counsel for Legislation, Regula- Transportation. transmitting, pursuant to law, the report of tion and Energy Efficiency, Office of Energy EC–534. A communication from the Man- a rule entitled ‘‘Suspension of Community Efficiency and Renewable Energy, Depart- agement and Program Analyst, Federal Eligibility’’ ((44 CFR Part 64) (Docket No. ment of Energy, transmitting, pursuant to Aviation Administration, Department of FEMA–2014–0002)) received in the Office of law, the report of a rule entitled ‘‘Energy Transportation, transmitting, pursuant to the President of the Senate on February 3, Conservation Program: Energy Conservation law, the report of a rule entitled ‘‘Airworthi- 2015; to the Committee on Banking, Housing, Standards for Automatic Ice Makers’’ ness Directives; ATR–GIE Avions de Trans- and Urban Affairs. ((RIN1904–AC39) (Docket No. EERE–2010–BT– port Regional Airplanes’’ ((RIN2120–AA64) EC–518. A communication from the Chief STD–0037)) received in the Office of the (Docket No. FAA–2014–0530)) received in the Counsel, Federal Emergency Management President of the Senate on January 30, 2015; Office of the President of the Senate on Feb- Agency, Department of Homeland Security, to the Committee on Energy and Natural Re- ruary 2, 2015; to the Committee on Com- transmitting, pursuant to law, the report of sources. merce, Science, and Transportation. a rule entitled ‘‘Suspension of Community EC–527. A communication from the Assist- EC–535. A communication from the Man- Eligibility’’ ((44 CFR Part 64) (Docket No. ant General Counsel for Legislation, Regula- agement and Program Analyst, Federal FEMA–2014–0002)) received in the Office of tion and Energy Efficiency, Office of Energy Aviation Administration, Department of the President of the Senate on February 2, Efficiency and Renewable Energy, Depart- Transportation, transmitting, pursuant to 2015; to the Committee on Banking, Housing, ment of Energy, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- and Urban Affairs. law, the report of a rule entitled ‘‘Energy ness Directives; Airbus Airplanes’’ ((RIN2120– EC–519. A communication from the Sec- Conservation Program: Energy Conservation AA64) (Docket No . FAA–2014–0526)) received retary of the Treasury, transmitting, pursu- Standards for General Service Fluorescent in the Office of the President of the Senate ant to law, a six-month periodic report on Lamps and Incandescent Reflector Lamps’’ on February 2, 2015; to the Committee on the national emergency with respect to ((RIN1904–AC39) (Docket No. EERE–2011–BT– Commerce, Science, and Transportation. Libya that was originally declared in Execu- STD–0006)) received in the Office of the EC–536. A communication from the Man- tive Order 13566 of February 25, 2011; to the President of the Senate on January 30, 2015; agement and Program Analyst, Federal Committee on Banking, Housing, and Urban to the Committee on Energy and Natural Re- Aviation Administration, Department of Affairs. sources. Transportation, transmitting, pursuant to EC–520. A communication from the Sec- EC–528. A communication from the Direc- law, the report of a rule entitled ‘‘Airworthi- retary of the Treasury, transmitting, pursu- tor of the Regulatory Management Division, ness Directives; Bombardier, Inc. Airplanes’’ ant to law, a six-month periodic report on Environmental Protection Agency, transmit- ((RIN2120–AA64) (Docket No. FAA–2014–0582)) the national emergency that was declared in ting, pursuant to law, the report of a rule en- received in the Office of the President of the Executive Order 13348 of July 22, 2004, rel- titled ‘‘Significant New Use Rules on Certain Senate on February 2, 2015; to the Com- ative to the former Liberian regime of Chemical Substances’’ ((RIN2070–AB27) (FRL mittee on Commerce, Science, and Transpor- Charles Taylor; to the Committee on Bank- No. 9919–68)) received in the Office of the tation. ing, Housing, and Urban Affairs. President of the Senate on February 2, 2015; EC–537. A communication from the Man- EC–521. A communication from the Sec- to the Committee on Environment and Pub- agement and Program Analyst, Federal retary of the Treasury, transmitting, pursu- lic Works. Aviation Administration, Department of ant to law, a six-month periodic report on EC–529. A communication from the Direc- Transportation, transmitting, pursuant to the national emergency with respect to tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Airworthi- transnational criminal organizations that Environmental Protection Agency, transmit- ness Directives; Airbus Helicopters (Pre- was declared in Executive Order 13581 of July ting, pursuant to law, the report of a rule en- viously Eurocopter France)’’ ((RIN2120–AA64) 24, 2011; to the Committee on Banking, Hous- titled ‘‘National Emission Standards for Haz- (Docket No. FAA–2014–1058)) received in the ing, and Urban Affairs. ardous Air Pollutants for Polyvinyl Chloride Office of the President of the Senate on Feb- EC–522. A communication from the Chief and Copolymers Production Area Sources ruary 2, 2015; to the Committee on Com- Counsel, Federal Emergency Management Wastewater Limit Withdrawal’’ ((RIN2060– merce, Science, and Transportation. Agency, Department of Homeland Security, AS45) (FRL No. 9921–80–OAR)) received in the EC–538. A communication from the Man- transmitting, pursuant to law, the report of Office of the President of the Senate on Feb- agement and Program Analyst, Federal a rule entitled ‘‘Suspension of Community ruary 2, 2015; to the Committee on Environ- Aviation Administration, Department of Eligibility’’ ((44 CFR Part 64) (Docket No. ment and Public Works. Transportation, transmitting, pursuant to FEMA–2014–0002)) received in the Office of EC–530. A communication from the Direc- law, the report of a rule entitled ‘‘Standard the President of the Senate on January 28, tor of the Regulatory Management Division, Instrument Approach Procedures, and Take- 2015; to the Committee on Banking, Housing, Environmental Protection Agency, transmit- off Minimums and Obstacle Departure Proce- and Urban Affairs. ting, pursuant to law, the report of a rule en- dures; Miscellaneous Amendments (20); EC–523. A communication from the Deputy titled ‘‘Approval and Promulgation of State Amdt. No. 3619’’ (RIN2120–AA65) received in Assistant Secretary for Export Administra- Plans for Designated Facilities and Pollut- the Office of the President of the Senate on tion, Bureau of Industry and Security, De- ants; Idaho and Oregon: Negative Declara- February 2, 2015; to the Committee on Com- partment of Commerce, transmitting, pursu- tions’’ (FRL No. 9922–34–Region 10) received merce, Science, and Transportation. ant to law, the report of a rule entitled in the Office of the President of the Senate EC–539. A communication from the Man- ‘‘U.S.-India Bilateral Understanding: Addi- on February 2, 2015; to the Committee on En- agement and Program Analyst, Federal tional Revisions to the U.S. Export and Re- vironment and Public Works. Aviation Administration, Department of

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S770 CONGRESSIONAL RECORD — SENATE February 4, 2015 Transportation, transmitting, pursuant to bia, transmitting, pursuant to law, a report transmitting, pursuant to law, a report rel- law, the report of a rule entitled ‘‘Standard on D.C. Act 20–589, ‘‘Early Learning Quality ative to mileage reimbursement rates for Instrument Approach Procedures, and Take- Improvement Network Temporary Amend- Federal employees who use privately owned off Minimums and Obstacle Departure Proce- ment Act of 2014’’; to the Committee on vehicles while on official travel; to the Com- dures; Miscellaneous Amendments (75); Homeland Security and Governmental Af- mittee on Homeland Security and Govern- Amdt. No. 3621’’ (RIN2120–AA65) received in fairs. mental Affairs. the Office of the President of the Senate on EC–549. A communication from the Direc- EC–559. A communication from the Asso- February 2, 2015; to the Committee on Com- tor, Office of Government Ethics, transmit- ciate General Counsel for General Law, De- merce, Science, and Transportation. ting, pursuant to law, the Annual Perform- partment of Homeland Security, transmit- EC–540. A communication from the Man- ance Plan for the Office of Government Eth- ting, pursuant to law, a report relative to a agement and Program Analyst, Federal ics for fiscal year 2016; to the Committee on vacancy in the position of Under Secretary Aviation Administration, Department of Homeland Security and Governmental Af- for Management, Department of Homeland Transportation, transmitting, pursuant to fairs. Security, received in the Office of the Presi- law, the report of a rule entitled ‘‘Standard EC–550. A communication from the Senior dent of the Senate on January 28, 2015; to the Instrument Approach Procedures, and Take- Procurement Executive, Office of Acquisi- Committee on Homeland Security and Gov- off Minimums and Obstacle Departure Proce- tion Policy, General Services Administra- ernmental Affairs. dures; Miscellaneous Amendments (19); tion, transmitting, pursuant to law, the re- EC–560. A communication from the Board Amdt. No. 3620’’ (RIN2120–AA65) received in port of a rule entitled ‘‘Federal Acquisition Chair and Chief Executive Officer, Farm the Office of the President of the Senate on Regulation; Federal Acquisition Circular Credit Administration, transmitting, pursu- February 2, 2015; to the Committee on Com- 2005–80; Small Entity Compliance Guide’’ ant to law, the Administration’s annual re- merce, Science, and Transportation. (FAC 2005–80) received in the Office of the port concerning its compliance with the Sun- EC–541. A communication from the Man- President of the Senate on February 3, 2015; shine Act for calendar year 2014; to the Com- agement and Program Analyst, Federal to the Committee on Homeland Security and mittee on Homeland Security and Govern- Aviation Administration, Department of Governmental Affairs. mental Affairs. Transportation, transmitting, pursuant to EC–551. A communication from the Senior EC–561. A communication from the Senior law, the report of a rule entitled ‘‘Standard Procurement Executive, Office of Acquisi- Procurement Executive, Office of Acquisi- Instrument Approach Procedures, and Take- tion Policy, General Services Administra- tion Policy, General Services Administra- off Minimums and Obstacle Departure Proce- tion, transmitting, pursuant to law, the re- tion, transmitting, pursuant to law, the re- dures; Miscellaneous Amendments (108); port of a rule entitled ‘‘Federal Acquisition port of a rule entitled ‘‘Federal Acquisition Amdt. No. 3622’’ (RIN2120–AA65) received in Regulation; Technical Amendments’’ (FAC Regulation; Federal Acquisition Circular the Office of the President of the Senate on 2005–80) received in the Office of the Presi- 2005–80; Introduction’’ (FAC 2005–80) received February 2, 2015; to the Committee on Com- dent of the Senate on February 3, 2015; to the in the Office of the President of the Senate on February 2, 2015; to the Committee on merce, Science, and Transportation. Committee on Homeland Security and Gov- EC–542. A communication from the Man- ernmental Affairs. Homeland Security and Governmental Af- agement and Program Analyst, Federal EC–552. A communication from the Senior fairs. EC–562. A communication from the Man- Aviation Administration, Department of Procurement Executive, Office of Acquisi- agement and Program Analyst, Federal Transportation, transmitting, pursuant to tion Policy, General Services Administra- Aviation Administration, Department of law, the report of a rule entitled ‘‘Aviation tion, transmitting, pursuant to law, the re- Transportation, transmitting, pursuant to Training Device Credit for Pilot Certifi- port of a rule entitled ‘‘Federal Acquisition law, the report of a rule entitled ‘‘Standard cation; Withdrawal’’ (RIN2120–AK62) received Regulation; Ending Trafficking in Persons’’ Instrument Approach Procedures, and Take- in the Office of the President of the Senate ((RIN9000–AM55) (FAC 2005–80)) received in off Minimums and Obstacle Departure Proce- the Office of the President of the Senate on on February 2, 2015; to the Committee on dures; Miscellaneous Amendments (33); February 3, 2015; to the Committee on Home- Commerce, Science, and Transportation. Amdt. No. 3624’’ (RIN2120–AA65) received in EC–543. A communication from the Man- land Security and Governmental Affairs. the Office of the President of the Senate on agement and Program Analyst, Federal EC–553. A communication from the Senior February 2, 2015; to the Committee on Com- Aviation Administration, Department of Procurement Executive, Office of Acquisi- tion Policy, General Services Administra- merce, Science, and Transportation. Transportation, transmitting, pursuant to EC–563. A communication from the Chair tion, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Safety of the Aerospace Safety Advisory Panel, Na- port of a rule entitled ‘‘Federal Acquisition Management Systems for Domestic, Flag, tional Aeronautics and Space Administra- and Supplemental Operations Certificate Regulation; Management and Oversight of tion, transmitting, pursuant to law, the Pan- Holders’’ (RIN2120–AJ86) received in the Of- the Acquisition of Services’’ ((RIN9000–AM84) el’s annual report for 2014; to the Committee fice of the President of the Senate on Feb- (FAC 2005–80)) received in the Office of the on Commerce, Science, and Transportation. ruary 2, 2015; to the Committee on Com- President of the Senate on February 3, 2015; EC–564. A communication from the Sec- merce, Science, and Transportation. to the Committee on Homeland Security and retary of Transportation, transmitting, pur- EC–544. A communication from the Sec- Governmental Affairs. suant to law, the Department’s Annual Re- retary of Labor, transmitting, pursuant to EC–554. A communication from the Direc- port of the Maritime Administration law, the Pension Benefit Guaranty Corpora- tor, Employee Services, Office of Personnel (MARAD) for fiscal year 2013; to the Com- tion’s Office of Inspector General’s Semi- Management, transmitting, pursuant to law, mittee on Commerce, Science, and Transpor- annual Report to Congress and the Pension the report of a rule entitled ‘‘Prevailing Rate tation. Benefit Guaranty Corporation Management’s Systems: Redefinition of the Fort Wayne- EC–565. A communication from the Attor- Response for the period from April 1, 2014, Marion, IN, and Detroit, MI, Appropriated ney-Advisor, U.S. Coast Guard, Department through September 30, 2014; to the Com- Fund Federal Wage System Wage Areas’’ of Homeland Security, transmitting, pursu- mittee on Homeland Security and Govern- (RIN3206–AN06) received in the Office of the ant to law, the report of a rule entitled ‘‘An- mental Affairs. President of the Senate on February 2, 2015; chorage Regulations; Port of New York’’ EC–545. A communication from the Chief to the Committee on Homeland Security and ((RIN1625–AA01) (Docket No. USCG–2013– Financial Officer, Department of Homeland Governmental Affairs. 0018)) received in the Office of the President Security, transmitting, pursuant to law, a EC–555. A communication from the Chair- of the Senate on January 28, 2015; to the report entitled ‘‘U.S. Department of Home- man of the Council of the District of Colum- Committee on Commerce, Science, and land Security Annual Performance Report bia, transmitting, pursuant to law, a report Transportation. for Fiscal Years 2014–2016’’; to the Committee on D.C. Act 20–592, ‘‘District Government EC–566. A communication from the Deputy on Homeland Security and Governmental Af- Certificate of Good Standing Filing Require- Assistant Administrator for Regulatory Pro- fairs. ment Amendment Act of 2014’’; to the Com- grams, Office of Sustainable Fisheries, De- EC–546. A communication from the Chair- mittee on Homeland Security and Govern- partment of Commerce, transmitting, pursu- man of the Council of the District of Colum- mental Affairs. ant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report EC–556. A communication from the Chair- ‘‘Fisheries Off West Coast States; List of Au- on D.C. Act 20–590, ‘‘Education Licensure man of the Occupational Safety and Health thorized Fisheries and Gear’’ (RIN0648–BD67) Commission Temporary Amendment Act of Review Commission, transmitting, pursuant received in the Office of the President of the 2014’’; to the Committee on Homeland Secu- to law, the Commission’s Buy American Act Senate on February 2, 2015; to the Com- rity and Governmental Affairs. Report for fiscal year 2014; to the Committee mittee on Commerce, Science, and Transpor- EC–547. A communication from the Chair- on Homeland Security and Governmental Af- tation. man of the Council of the District of Colum- fairs. EC–567. A communication from the Sec- bia, transmitting, pursuant to law, a report EC–557. A communication from the Chair- retary of the Commission, Bureau of Con- on D.C. Act 20–591, ‘‘Wage Theft Prevention man of the Council of the District of Colum- sumer Protection, Federal Trade Commis- Correction and Clarification Temporary bia, transmitting, pursuant to law, a report sion, transmitting, pursuant to law, the re- Amendment Act of 2014’’; to the Committee on D.C. Act 20–501, ‘‘Paint Stewardship Act port of a rule entitled ‘‘Telemarketing Sales on Homeland Security and Governmental Af- of 2014’’; to the Committee on Homeland Se- Rule Fees’’ (RIN3084–AA98) received in the fairs. curity and Governmental Affairs. Office of the President of the Senate on Jan- EC–548. A communication from the Chair- EC–558. A communication from the Admin- uary 28, 2015; to the Committee on Com- man of the Council of the District of Colum- istrator, General Services Administration, merce, Science, and Transportation.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S771 EC–568. A communication from the Trial Military Affairs, Department of State, trans- ment of State, transmitting, pursuant to Attorney, Federal Railroad Administration, mitting, pursuant to law, an addendum to a law, a report relative to section 36(c) of the Department of Transportation, transmitting, certification of the proposed sale or export of Arms Export Control Act (DDTC 14–130); to pursuant to law, the report of a rule entitled defense articles and/or defense services to a the Committee on Foreign Relations. ‘‘National Highway-Rail Crossing Inventory Middle East country (OSS–2015–0098); to the f Reporting Requirements’’ (RIN2130–AC26) re- Committee on Foreign Relations. ceived in the Office of the President of the EC–579. A communication from the Asso- REPORTS OF COMMITTEES Senate on February 2, 2015; to the Com- ciate General Counsel for General Law, De- mittee on Commerce, Science, and Transpor- partment of Homeland Security, transmit- The following reports of committees tation. ting, pursuant to law, a report relative to a were submitted: EC–569. A communication from the Assist- vacancy in the position of Under Secretary By Mr. ALEXANDER, from the Committee ant Secretary for Legislation, Department of for Management, Department of Homeland on Health, Education, Labor, and Pensions, Health and Human Services, transmitting, Security, received in the Office of the Presi- without amendment: pursuant to law, a report entitled ‘‘Office of dent of the Senate on January 28, 2015; to the S. 227. A bill to strengthen the Federal the Medicare Ombudsman 2013 Report to Committee on Homeland Security and Gov- education research system to make research Congress’’; to the Committee on Finance. ernmental Affairs. and evaluations more timely and relevant to EC–570. A communication from the Chief of EC–580. A communication from the Assist- State and local needs in order to increase the Publications and Regulations Branch, In- ant Secretary of the Interior (Indian Af- student achievement. ternal Revenue Service, Department of the fairs), transmitting, pursuant to law, a re- Treasury, transmitting, pursuant to law, the port entitled ‘‘Fiscal Year 2013 Report to f report of a rule entitled ‘‘List of Automatic Congress Pursuant to 25 U.S.C. 450j–1(c) on INTRODUCTION OF BILLS AND Changes’’ (Rev. Proc. 2015–14) received in the the Funding Requirements for Contract Sup- Office of the President of the Senate on Feb- port Costs’’; to the Committee on Indian Af- JOINT RESOLUTIONS ruary 2, 2015; to the Committee on Finance. fairs. The following bills and joint resolu- EC–571. A communication from the Chief of EC–581. A communication from the Deputy tions were introduced, read the first the Publications and Regulations Branch, In- Assistant Administrator of the Office of Di- and second times by unanimous con- ternal Revenue Service, Department of the version Control, Drug Enforcement Agency, Treasury, transmitting, pursuant to law, the Department of Justice, transmitting, pursu- sent, and referred as indicated: report of a rule entitled ‘‘Section 5000A Na- ant to law, the report of a rule entitled By Mr. LEE (for himself, Mr. LEAHY, tional Average Premium for a Bronze Level ‘‘Schedules of Controlled Substances: Tem- Mr. CORNYN, Mr. MORAN, Mr. GARD- of Coverage (2015)’’ (Rev. Proc. 2015–15) re- porary Placement of Three Synthetic NER, Mrs. SHAHEEN, Mr. MERKLEY, ceived in the Office of the President of the Cannabinoids into Schedule I’’ (Docket No. and Mr. BLUMENTHAL): Senate on February 2, 2015; to the Com- DEA–402) received in the Office of the Presi- S. 356. A bill to improve the provisions re- mittee on Finance. dent of the Senate on January 30, 2015; to the lating to the privacy of electronic commu- EC–572. A communication from the Chief of Committee on the Judiciary. nications; to the Committee on the Judici- the Publications and Regulations Branch, In- EC–582. A communication from the Sec- ary. ternal Revenue Service, Department of the retary, Judicial Conference of the United By Mr. FLAKE (for himself and Mr. Treasury, transmitting, pursuant to law, the States, transmitting, pursuant to law, a re- CORNYN): report of a rule entitled ‘‘Procedures to port entitled ‘‘Report of the Proceedings of S. 357. A bill to amend title 11 of the Change a Method of Accounting for Federal the Judicial Conference of the United United States Code to require the public dis- Income Tax Purposes’’ (Rev. Proc. 2015–13) States’’ for the September 2014 session; to closure by trusts established under section received in the Office of the President of the the Committee on the Judiciary. 524(g) of such title, of quarterly reports that Senate on February 2, 2015; to the Com- EC–583. A communication from the Chief contain detailed information regarding the mittee on Finance. Executive Officer, Corporation for National receipt and disposition of claims for injuries EC–573. A communication from the Chief of and Community Service, transmitting, pur- based on exposure to asbestos, and for other the Publications and Regulations Branch, In- suant to law, the Corporation’s fiscal year purposes; to the Committee on the Judici- ternal Revenue Service, Department of the 2016 Congressional Budget Justification; to ary. Treasury, transmitting, pursuant to law, the the Committee on Health, Education, Labor, By Mrs. SHAHEEN (for herself, Mr. report of a rule entitled ‘‘Biodiesel and Al- and Pensions. REID, Mrs. MURRAY, Mr. BROWN, Mr. EC–584. A communication from the Inspec- ternative Fuels; Claims for 2014; Excise Tax’’ BENNET, Mr. BLUMENTHAL, Mr. tor General of the Railroad Retirement (Notice 2015–3) received in the Office of the WHITEHOUSE, Mr. MARKEY, Mrs. Board, transmitting, pursuant to law, the President of the Senate on February 2, 2015; GILLIBRAND, Ms. BALDWIN, Mr. DUR- Board’s Congressional Budget Justification to the Committee on Finance. BIN, Mr. COONS, Mr. SANDERS, Ms. EC–574. A communication from the Chief of for fiscal year 2016; to the Committee on STABENOW, Mrs. BOXER, Ms. WARREN, the Publications and Regulations Branch, In- Health, Education, Labor, and Pensions. Mrs. FEINSTEIN, Ms. CANTWELL, Mr. ternal Revenue Service, Department of the EC–585. A communication from the Acting MENENDEZ, Mr. TESTER, Mr. CARDIN, Treasury, transmitting, pursuant to law, the Assistant Secretary, Legislative Affairs, De- Ms. HIRONO, Mr. FRANKEN, and Mr. report of a rule entitled ‘‘Application for partment of State, transmitting, pursuant to SCHATZ): Recognition as a 501(c) (29) Organization’’ law, a report relative to section 36(c) of the S. 358. A bill to amend title 10, United ((RIN1545–BK64) (TD 9709)) received in the Of- Arms Export Control Act (DDTC 14–113); to States Code, to ensure that women members fice of the President of the Senate on Feb- the Committee on Foreign Relations. of the Armed Forces and their families have ruary 2, 2015; to the Committee on Finance. EC–586. A communication from the Acting EC–575. A communication from the Chief of Assistant Secretary, Legislative Affairs, De- access to the contraception they need in the Publications and Regulations Branch, In- partment of State, transmitting, pursuant to order to promote the health and readiness of ternal Revenue Service, Department of the law, a report relative to section 36(c) of the all members of the Armed Forces, and for Treasury, transmitting, pursuant to law, the Arms Export Control Act (DDTC 14–128); to other purposes; to the Committee on Armed report of a rule entitled ‘‘Applicable Federal the Committee on Foreign Relations. Services. Rates - February 2015’’ (Rev. Rul. 2015–3) re- EC–587. A communication from the Assist- By Mr. CASSIDY (for himself and Mr. ceived in the Office of the President of the ant Secretary, Legislative Affairs, Depart- RUBIO): Senate on February 2, 2015; to the Com- ment of State, transmitting, pursuant to S. 359. A bill to amend title I of the Patient mittee on Finance. law, a report relative to section 36(c) of the Protection and Affordable Care Act to im- EC–576. A communication from the Acting Arms Export Control Act (DDTC 14–123); to pose restrictions on the risk corridor pro- Assistant Secretary, Bureau of Political- the Committee on Foreign Relations. gram, and for other purposes; to the Com- Military Affairs, Department of State, trans- EC–588. A communication from the Assist- mittee on Health, Education, Labor, and mitting, pursuant to law, an addendum to a ant Secretary, Legislative Affairs, Depart- Pensions. certification of the proposed sale or export of ment of State, transmitting, pursuant to By Mr. CRAPO (for himself and Mr. defense articles and/or defense services to a law, a report relative to section 36(c) of the RISCH): Middle East country (OSS–2015–0096); to the Arms Export Control Act (DDTC 14–080); to S. 360. A bill to authorize an additional dis- Committee on Foreign Relations. the Committee on Foreign Relations. trict judgeship for the district of Idaho; to EC–577. A communication from the Acting EC–589. A communication from the Assist- the Committee on the Judiciary. Assistant Secretary, Bureau of Political- ant Legal Adviser for Treaty Affairs, Depart- By Mr. LEE (for himself and Mr. Military Affairs, Department of State, trans- ment of State, transmitting, pursuant to the MCCAIN): mitting, pursuant to law, an addendum to a Case-Zablocki Act, 1 U.S.C. 112b, as amended, S. 361. A bill to direct the Secretary of the certification of the proposed sale or export of the report of the texts and background state- Interior to sell certain Federal lands in Ari- defense articles and/or defense services to a ments of international agreements, other zona, Colorado, Idaho, Montana, Nebraska, Middle East country (OSS–2015–0097); to the than treaties (List 2015–0004 - 2015–0010); to Nevada, New Mexico, Oregon, Utah, and Wy- Committee on Foreign Relations. the Committee on Foreign Relations. oming, previously identified as suitable for EC–578. A communication from the Acting EC–590. A communication from the Assist- disposal, and for other purposes; to the Com- Assistant Secretary, Bureau of Political- ant Secretary, Legislative Affairs, Depart- mittee on Energy and Natural Resources.

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By Mr. BLUNT (for himself, Mr. other purposes; to the Committee on Health, AYOTTE, Mr. THUNE, Mr. KIRK, Mr. GRASSLEY, Mr. ROBERTS, Mr. CORNYN, Education, Labor, and Pensions. ROBERTS, Mr. PORTMAN, Mr. CRUZ, Mr. COATS, Mr. SCOTT, and Mr. By Ms. MURKOWSKI (for herself, Mrs. Mr. GRAHAM, Mr. CASSIDY, Mr. RUBIO, RISCH): BOXER, Mr. SULLIVAN, and Ms. CANT- Ms. MURKOWSKI, Mrs. FISCHER, Mr. S. 362. A bill to amend title 5, United WELL): FLAKE, Mr. RISCH, Mr. PERDUE, Mr. States Code, to provide for investigative S. 371. A bill to remove a limitation on a COCHRAN, Mr. LANKFORD, Mr. BURR, leave requirements with respect to Senior prohibition relating to permits for dis- Mrs. CAPITO, Mr. SULLIVAN, Mr. Executive Service employees, and for other charges incidental to normal operation of DAINES, Mr. ROUNDS, Mr. MCCONNELL, purposes; to the Committee on Homeland Se- vessels; to the Committee on Environment Mr. GRASSLEY, Mr. COATS, Mrs. curity and Governmental Affairs. and Public Works. ERNST, Mr. TILLIS, Mr. COTTON, Ms. By Mr. GRASSLEY (for himself, Ms. By Mrs. CAPITO (for herself, Mr. COLLINS, Mr. SHELBY, Mr. CORKER, MIKULSKI, Mr. CASEY, Mr. WHITE- CRAPO, Ms. HEITKAMP, Mr. MANCHIN, Mr. PAUL, Mr. SESSIONS, and Mr. HOUSE, and Mr. BOOZMAN): Mr. MERKLEY, and Mr. TOOMEY): SASSE): S. 363. A bill to amend the Elementary and S. 372. A bill to ensure access to certain in- S.J. Res. 6. A joint resolution proposing an Secondary Education Act of 1965 to aid gifted formation for financial services industry reg- amendment to the Constitution of the and talented and high-ability learners by ulators, and for other purposes; to the Com- United States relative to balancing the budg- empowering the Nation’s teachers, and for mittee on Banking, Housing, and Urban Af- et; to the Committee on the Judiciary. other purposes; to the Committee on Health, fairs. By Mr. TESTER (for himself and Mr. Education, Labor, and Pensions. By Mr. RUBIO (for himself, Mr. THUNE, WHITEHOUSE): By Mr. BLUNT (for himself and Mr. and Mr. NELSON): S.J. Res. 7. A joint resolution proposing an SCHUMER): S. 373. A bill to provide for the establish- amendment to the Constitution of the S. 364. A bill to amend the Internal Rev- ment of nationally uniform and environ- United States to clarify the authority of enue Code of 1986 to extend tax incentives to mentally sound standards governing dis- Congress and the States to regulate corpora- certain live theatrical performances, and for charges incidental to the normal operation tions, limited liability companies, and other other purposes; to the Committee on Fi- of a vessel; to the Committee on Commerce, corporate entities established by the laws of nance. Science, and Transportation. any State, the United States, or any foreign By Mr. HATCH (for himself and Mr. By Mrs. SHAHEEN (for herself and Ms. state; to the Committee on the Judiciary. LEE): AYOTTE): f S. 365. A bill to improve rangeland condi- S. 374. A bill to amend the Veterans Ac- tions and restore grazing levels within the cess, Choice, and Accountability Act of 2014 SUBMISSION OF CONCURRENT AND Grand Staircase-Escalante National Monu- to extend the requirement of the Secretary SENATE RESOLUTIONS ment, Utah; to the Committee on Energy to furnish hospital care and medical services The following concurrent resolutions and Natural Resources. through non-Department of Veterans Affairs and Senate resolutions were read, and By Mr. TESTER (for himself, Mr. COCH- entities to veterans residing in certain loca- referred (or acted upon), as indicated: RAN, Mr. LEAHY, Mrs. MCCASKILL, Mr. tions; to the Committee on Veterans’ Af- By Mr. MENENDEZ (for himself, Mrs. UDALL, Mrs. BOXER, Mr. DURBIN, Mr. fairs. SHAHEEN, Mr. COONS, Mr. ISAKSON, KING, Ms. HEITKAMP, Ms. WARREN, By Mr. CARDIN (for himself, Ms. COL- Mr. BOOZMAN, and Mr. DURBIN): Mr. DONNELLY, Mr. BROWN, Mr. SAND- LINS, Ms. BALDWIN, Mr. COCHRAN, Mr. S. Res. 65. A resolution supporting efforts ERS, Mrs. GILLIBRAND, Mr. MENENDEZ, BLUMENTHAL, Mr. KIRK, Mr. CARPER, to bring an end to violence perpetrated by Ms. HIRONO, Mr. HEINRICH, Mr. Ms. MURKOWSKI, Mr. CASEY, Mr. Boko Haram, and urging the Government of WHITEHOUSE, Mr. FRANKEN, Ms. KLO- PORTMAN, Ms. CANTWELL, Mr. COONS, Nigeria to conduct transparent, peaceful, Mr. HEINRICH, Ms. HIRONO, Mr. KING, BUCHAR, Mr. MURPHY, Mr. CARDIN, and credible elections; to the Committee on Mr. LEAHY, Mr. MARKEY, Mr. MENEN- Mr. PETERS, Mr. MERKLEY, Mr. Foreign Relations. DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. KAINE, Ms. AYOTTE, Ms. COLLINS, Mr. By Mr. BLUMENTHAL: GARDNER, Mr. GRASSLEY, Mr. SCOTT, MURPHY, Mr. SANDERS, Mr. SCHUMER, S. Res. 66. A resolution expressing support Mr. WICKER, and Mr. DAINES): Mr. WYDEN, and Ms. KLOBUCHAR): for the designation of February 12, 2015, as S. 366. A bill to require Senate candidates S. 375. A bill to amend the Internal Rev- ‘‘Darwin Day’’ and recognizing the impor- to file designations, statements, and reports enue Code of 1986 to provide a reduced rate of tance of science in the betterment of human- in electronic form; to the Committee on excise tax on beer produced domestically by ity; to the Committee on Commerce, Rules and Administration. certain qualifying producers; to the Com- Science, and Transportation. By Mr. TESTER (for himself, Mr. mittee on Finance. By Mr. ALEXANDER (for himself and UDALL, Mrs. GILLIBRAND, and Mrs. By Mr. KIRK (for himself, Mr. BLUNT, Mr. LEE): BOXER): Mr. DURBIN, Mr. BOOZMAN, and Mr. S. Res. 67. A resolution amending rule XXII S. 367. A bill to amend the Internal Rev- LEAHY): of the Standing Rules of the Senate to revise enue Code of 1986 to require that return in- S. 376. A bill to amend the Internal Rev- the number of affirmative votes required to formation from tax-exempt organizations be enue Code of 1986 to exclude payments re- end debate on nominations; to the Com- made available in a searchable format and to ceived under the Work Colleges Program mittee on Rules and Administration. provide the disclosure of the identity of con- from gross income, including payments made By Mr. JOHNSON (for himself and Mrs. tributors to certain tax-exempt organiza- from institutional funds; to the Committee SHAHEEN): tions; to the Committee on Finance. on Finance. S. Res. 68. A resolution expressing the By Mr. TOOMEY (for himself and Mr. By Mr. SCHUMER (for himself, Mr. sense of the Senate regarding the January MANCHIN): ROBERTS, Mr. LEAHY, and Ms. COL- 24, 2015, attacks carried out by Russian- S. 368. A bill to amend title 18, United LINS): backed rebels on the civilian population in States Code, to require that the Director of S. 377. A bill to amend title XVIII of the Mariupol, Ukraine, and the provision of le- the Bureau of Prisons ensure that each chief Social Security Act to increase access to thal and non-lethal military assistance to executive officer of a Federal penal or cor- ambulance services under the Medicare pro- Ukraine; to the Committee on Foreign Rela- rectional institution provides a secure stor- gram and to reform payments for such serv- tions. age area located outside of the secure perim- ices under such program, and for other pur- f eter of the Federal penal or correctional in- poses; to the Committee on Finance. stitution for firearms carried by certain em- By Mr. GRASSLEY (for himself, Mr. ADDITIONAL COSPONSORS ployees of the Bureau of Prisons, and for BLUNT, Mr. CRUZ, Mr. HATCH, Mr. S. 149 PAUL, Mr. CORNYN, Mr. RUBIO, Mr. other purposes; to the Committee on the Ju- At the request of Mr. HATCH, the diciary. INHOFE, Mrs. FISCHER, Mr. FLAKE, Mr. name of the Senator from Utah (Mr. By Ms. KLOBUCHAR (for herself and LEE, Mrs. CAPITO, and Mr. GARDNER): LEE) was added as a cosponsor of S. 149, Mr. BLUNT): S. 378. A bill to impose certain limitations S. 369. A bill to enhance pre- and post- on consent decrees and settlement agree- a bill to amend the Internal Revenue adoptive support services; to the Committee ments by agencies that require the agencies Code of 1986 to repeal the excise tax on on Finance. to take regulatory action in accordance with medical devices. By Mrs. FEINSTEIN (for herself, Ms. the terms thereof, and for other purposes; to S. 165 AYOTTE, Mrs. GILLIBRAND, Mrs. the Committee on the Judiciary. At the request of Ms. AYOTTE, the BOXER, Ms. HEITKAMP, Ms. BALDWIN, By Mr. HATCH (for himself, Mr. COR- names of the Senator from South Da- Mr. BROWN, Ms. MIKULSKI, Ms. STABE- NYN, Mr. LEE, Mr. MCCAIN, Mr. ENZI, kota (Mr. ROUNDS) and the Senator NOW, Mrs. CAPITO, Mrs. SHAHEEN, Mr. Mr. SCOTT, Mr. JOHNSON, Mr. INHOFE, from Alaska (Mr. SULLIVAN) were added CASEY, Ms. HIRONO, Mrs. MCCASKILL, Mr. BLUNT, Mr. MORAN, Mr. ISAKSON, Ms. WARREN, and Ms. CANTWELL): Mr. GARDNER, Mr. HOEVEN, Mr. BAR- as cosponsors of S. 165, a bill to extend S. 370. A bill to require breast density re- RASSO, Mr. CRAPO, Mr. WICKER, Mr. and enhance prohibitions and limita- porting to physicians and patients by facili- VITTER, Mr. HELLER, Mr. ALEXANDER, tions with respect to the transfer or re- ties that perform mammograms, and for Mr. TOOMEY, Mr. BOOZMAN, Ms. lease of individuals detained at United

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S773 States Naval Station, Guantanamo national investment in biomedical re- my colleagues, what were you doing in Bay, Cuba, and for other purposes. search. 1986? Mr. President, 1986 was a long S. 168 S. 291 time ago. In 1986 I was in the ninth At the request of Mr. ROBERTS, the At the request of Mr. INHOFE, the grade. This was an age when not every- name of the Senator from Arizona (Mr. name of the Senator from Arkansas one had a personal computer. My fam- FLAKE) was added as a cosponsor of S. (Mr. BOOZMAN) was added as a cospon- ily didn’t have a computer. Most of the 168, a bill to codify and modify regu- sor of S. 291, a bill to amend the Immi- people I knew who had a computer had latory requirements of Federal agen- gration and Nationality Act to provide something like the Commodore VIC–20, cies. for extensions of detention of certain which was a very small computer with S. 182 aliens ordered removed, and for other very little processing power compared At the request of Mr. ROBERTS, the purposes. to what we have today. But this law, name of the Senator from Kentucky S. 301 the Electronic Communications Pri- (Mr. PAUL) was added as a cosponsor of At the request of Mrs. FISCHER, the vacy Act—or ECPA, as it is sometimes S. 182, a bill to amend the Elementary names of the Senator from Missouri known—was and still is an important and Secondary Education Act of 1965 to (Mr. BLUNT), the Senator from New law with an increasingly important ob- prohibit Federal education mandates, Hampshire (Mrs. SHAHEEN) and the jective; that is, to ensure that govern- and for other purposes. Senator from Wyoming (Mr. ENZI) were ment agencies respect the Fourth S. 209 added as cosponsors of S. 301, a bill to Amendment in accessing an individ- ual’s electronic communications. At the request of Mr. BARRASSO, the require the Secretary of the Treasury name of the Senator from Alaska (Ms. to mint coins in commemoration of the In the nearly three decades since MURKOWSKI) was added as a cosponsor centennial of Boys Town, and for other ECPA became law, technology has ad- of S. 209, a bill to amend the Indian purposes. vanced rapidly, dramatically, far be- Tribal Energy Development and Self- S. 316 yond the capacity of this particular Determination Act of 2005, and for At the request of Mr. KIRK, the law, ECPA, to keep up. The prevalence other purposes. names of the Senator from Texas (Mr. of email and the low cost of electronic S. 257 CORNYN) and the Senator from Florida data storage have made what were once At the request of Mr. MORAN, the (Mr. RUBIO) were added as cosponsors robust protections vastly insufficient names of the Senator from Mississippi of S. 316, a bill to amend the charter to ensure that citizens’ rights are pro- (Mr. COCHRAN) and the Senator from school program under the Elementary tected with respect to their electronic Minnesota (Ms. KLOBUCHAR) were added and Secondary Education Act of 1965. communications, such as email. as cosponsors of S. 257, a bill to amend S. 334 There is no reason we should still be title XVIII of the Social Security Act At the request of Mr. PORTMAN, the operating under a law written in the with respect to physician supervision name of the Senator from Mississippi analog age when we are living in a dig- of therapeutic hospital outpatient serv- (Mr. WICKER) was added as a cosponsor ital world. This is a little bit like oper- ices. of S. 334, a bill to amend title 31, ating with a DOS-based operating sys- S. 258 United States Code, to provide for tem in the age of much more sophisti- At the request of Mr. ROBERTS, the automatic continuing resolutions. cated software systems that help us name of the Senator from Indiana (Mr. S. 338 interact relatively seamlessly with our DONNELLY) was added as a cosponsor of At the request of Mr. BURR, the computers. That is why Senator LEAHY S. 258, a bill to amend title XVIII of the names of the Senator from New Hamp- and I have come together to craft this Social Security Act to remove the 96- shire (Mrs. SHAHEEN) and the Senator truly bipartisan piece of legislation hour physician certification require- from South Carolina (Mr. GRAHAM) which would modernize ECPA and ment for inpatient critical access hos- were added as cosponsors of S. 338, a bring constitutional protections pital services. bill to permanently reauthorize the against worthless searches and seizures S. 269 Land and Water Conservation Fund. into harmony with the technological realities of the 21st century. At the request of Mr. KIRK, the S.J. RES. 1 names of the Senator from Texas (Mr. At the request of Mr. VITTER, the The Lee-Leahy ECPA Amendments CORNYN) and the Senator from Lou- name of the Senator from North Caro- Act of 2015 would prohibit electronic isiana (Mr. VITTER) were added as co- lina (Mr. TILLIS) was added as a co- communications or remote computing sponsors of S. 269, a bill to expand sponsor of S.J. Res. 1, a joint resolu- service providers—such as Gmail or sanctions imposed with respect to Iran tion proposing an amendment to the Facebook or Twitter, for example— and to impose additional sanctions Constitution of the United States rel- from voluntarily disclosing the con- with respect to Iran, and for other pur- ative to limiting the number of terms tents of customer emails or other com- poses. that a Member of Congress may serve. munications. It eliminates the ambig- S. 271 S. RES. 63 uous and outdated 180-day rule that At the request of Mr. REID, the At the request of Mr. KING, his name some government agencies believe names of the Senator from New Hamp- was added as a cosponsor of S. Res. 63, grants them warrantless access to the shire (Mrs. SHAHEEN) and the Senator a resolution congratulating the New content of older emails. That is any from Michigan (Ms. STABENOW) were England Patriots on their victory in emails older than the very young age added as cosponsors of S. 271, a bill to Super Bowl XLIX. of 180 days old. Instead, all requests for amend title 10, United States Code, to the content of electronic communica- f permit certain retired members of the tions would require a search warrant— uniformed services who have a service- STATEMENTS ON INTRODUCED a search warrant required by the connected disability to receive both BILLS AND JOINT RESOLUTIONS Fourth Amendment, a search warrant disability compensation from the De- By Mr. LEE (for himself, Mr. based on probable cause—and law en- partment of Veterans Affairs for their LEAHY, Mr. CORNYN, Mr. forcement agencies would be required disability and either retired pay by MORAN, Mr. GARDNER, Mrs. to notify within 10 days any persons reason of their years of military serv- SHAHEEN, Mr. MERKLEY, and whose email accounts were searched, ice or Combat-Related Special Com- Mr. BLUMENTHAL): subject to some logical and narrow ex- pensation, and for other purposes. S. 356. A bill to improve the provi- ceptions, of course. S. 289 sions relating to the privacy of elec- This legislation is also carefully At the request of Mr. DURBIN, the tronic communications; to the Com- crafted so that it would not impede the name of the Senator from Rhode Island mittee on the Judiciary. ability of law enforcement agencies to (Mr. WHITEHOUSE) was added as a co- Mr. LEE. Mr. President, the Elec- conduct legitimate investigative ac- sponsor of S. 289, a bill to prioritize tronic Communications Privacy Act tivities consistent with the Fourth funding for an expanded and sustained was first enacted in 1986. I would ask Amendment.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S774 CONGRESSIONAL RECORD — SENATE February 4, 2015 I am pleased to say that our bill en- ments Act of 2015. We want to bring to promptly notify individuals when joys very broad support from the tech- this law into the 21st century. Our leg- the government has obtained their nology industry, from privacy advo- islation is very straightforward. It en- emails through their service providers, cates, constitutional scholars, and pol- sures that the private information that but permits a delay of that notice to icy groups on both ends of the ideolog- we Americans electronically store in protect the integrity of ongoing inves- ical spectrum in America. the cloud gets the same protections as tigations—no different from what we The Lee-Leahy ECPA Amendments the private information we Americans do in other law enforcement matters. Act of 2015 is truly bipartisan in na- physically store at home. As it did in The bill would also require service pro- ture. The Senate bill, in addition to 1986, I hope the Senate will come to- viders to notify the government three Senators LEAHY and myself as the prin- gether on a bipartisan basis to support days before they inform a customer cipal sponsors, also has six additional these commonsense protections. that the provider disclosed their infor- cosponsors. We have Republican Sen- All of us have an expectation that mation to the government. ators CORNYN, MORAN, and GARDNER the things we store in our house are This is not a Republican or Demo- and Democratic Senators SHAHEEN, private. If law enforcement wants ac- cratic issue, nor is it liberal or conserv- MERKLEY, and BLUMENTHAL. I hope and cess to them, they have to get the ative. In fact, Senator LEE and I would expect that we will have a lot of addi- proper search warrants. Today, there note that we have a broad coalition of tional Senators of both political par- seems to be an idea that if they are more than 50 privacy, civil liberties, ties who will join us in this effort. The stored electronically, these rules civil rights, and technology industry House version of this bill has 228 addi- should not apply. groups and leaders from across the po- tional cosponsors—a very critical ma- I believe they should. litical spectrum who have endorsed this reform effort. Support spans from jority. The bill Senator LEE and I intro- By working together as a Democrat duced today protects Americans’ dig- the Heritage Foundation and Ameri- from Vermont and a Republican from ital privacy—in their emails and all cans for Tax Reform, to the Center for Democracy and Technology and the Utah, we hope all Senators will join the other files and photographs they store in the cloud. It promotes cloud ACLU. with us to pass this meaningful, bipar- Mr. President, I ask unanimous con- tisan legislation that would benefit all computing and other new technologies sent to have printed in the RECORD the Americans. Congress should pass ECPA by building consumer trust. And it also January 22, 2015, coalition letter in reform this year, and President Obama provides law enforcement agencies support of the bill. should sign these important privacy re- with the tools they need to ensure pub- There being no objection, the mate- forms into law. lic safety. rial was ordered to be printed in the I will end this discussion as I began. I would remind my colleagues that RECORD, as follows: What were you doing in 1986? As it re- several years ago the U.S. Circuit JANUARY 22, 2015. lates to your interaction with the dig- Court of Appeals for the Sixth Circuit Hon. CHARLES GRASSLEY, ital world with computers, I would found that email was fully protected by Chairman, imagine that even though your life the Fourth Amendment. It said that Senate Judiciary Committee. might be in many respects similar to ‘‘the Fourth Amendment must keep Hon. PATRICK J. LEAHY, what it was in 1986, it is very different pace with the inexorable march of Ranking Member, in the way you interact with com- technological progress, or its guaran- Senate Judiciary Committee. puters, with technology, with the on- tees will wither and perish.’’ This bill DEAR CHAIRMAN GRASSLEY AND RANKING MEMBER LEAHY: We, the undersigned compa- line world, which basically no one was takes up that challenge. nies and organizations, are writing to urge even aware of in 1986. Since 1986 the Obviously we have technologies speedy consideration of Sen. Leahy’s and world has changed. We need to change today that nobody would have dreamed Sen. Lee’s ECPA Amendments Act that we the world to keep up with the times. of just a couple of generations ago. But expect will be introduced in the coming We need to change the law to hold in we have a Constitution that has pro- weeks. The bill would update the Electronic place those protections that have been tected this country for well over 200 Communications Privacy Act (ECPA) to pro- years, and we hope it will protect it for vide stronger protection to sensitive per- in our Constitution since 1791 to make sonal and proprietary communications sure the privacy rights of the American hundreds of years into the future. We stored in ‘‘the cloud.’’ The legislation was people are respected. need to make sure our laws keep up considered and adopted by a voice vote in the I encourage each of my colleagues to with the protections we Americans ex- Committee in the 113th Congress. support this bill pect from our Constitution. ECPA, which sets standards for govern- Mr. LEAHY. Mr. President, I want to First and most importantly, the bill ment access to private communications, is talk about privacy because privacy is enshrines in statute the fundamental critically important to businesses, govern- not a partisan issue. It never has been, Fourth Amendment warrant require- ment investigators and ordinary citizens. Though the law was forward-looking when and never should be. Remember, 30 ment for email, texts, and other elec- enacted in 1986, technology has advanced years ago I was in the minority. The tronic data. It requires that the gov- dramatically and ECPA has been outpaced. Republicans were in the majority and ernment have a criminal search war- Courts have issued inconsistent interpreta- controlled the Senate. It was then that rant based on possible cause to obtain tions of the law, creating uncertainty for I worked with my colleagues and led the stored content of Americans’ email service providers, for law enforcement agen- the effort to write the Electronic Com- and other electronic communications cies, and for the hundreds of millions of munications Privacy Act, ECPA. from third-party providers. This en- Americans who use the Internet in their per- It required a lot of education because sonal and professional lives. Moreover, the sures that email communications have Sixth Circuit Court of Appeals in US v. back then, electronic mail was an the same protections as phone calls Warshak has held that a provision of ECPA emerging technology. The World Wide and private documents stored in your allowing the government to obtain a person’s Web was unimaginable. Electronic data home. email without a warrant is unconstitutional. storage was astronomically expensive. However, the bill’s warrant require- The ECPA Amendments Act would update No one could have envisioned the way ment contains an important exception ECPA in one key respect, making it clear mobile technologies would transform to address emergency circumstances. It that, except in emergencies or under other existing exceptions, the government must our lives. Yet fortunately many of us explicitly states that it does not affect obtain a warrant in order to compel a service in Congress had the foresight to antici- current authorities under the Wiretap provider to disclose the content of emails, pate that these new electronic commu- Act or the Foreign Intelligence Sur- texts or other private material stored by the nications would also need privacy pro- veillance Act. And it ensures that law service provider on behalf of its users. tections. enforcement can continue to inves- This standard would provide greater pri- That was 30 years ago. Look at what tigate corporate wrong-doing by using vacy protections and create a more level has changed since then. Now three dec- grand jury subpoenas to obtain emails playing field for technology. It would cure the constitutional defect identified by the ades later, that law is out of date. So directly from corporate entities when Sixth Circuit It would allow law enforcement today the Senator from Utah, Mr. LEE, held on their internal systems. officials to obtain electronic communica- and I are reintroducing the Electronic The second major component of the tions in all appropriate cases while pro- Communications Privacy Act Amend- bill requires law enforcement agencies tecting

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S775 Americans’ constitutional rights. Notably, of Americans’ email and update our mammogram report, that they already the Department of Justice and FBI already laws to keep pace with technology. And receive, if they have dense breast tis- follow the warrant-for-content rule. It would I also congratulate our House partners, sue, and that they may want to talk provide certainty for American businesses developing innovative new services and com- Representatives YODER and POLIS, who with their doctor if they have ques- peting in a global marketplace. It would im- are introducing this legislation today tions and if they might benefit from plement a core principle supported by Dig- in the House of Representatives with additional screening. Withholding this ital Due Process, www.digitaldueprocess.org, 228 cosponsors from both parties. kind of medical information from a broad coalition of companies, privacy In the last Congress, the Senate Judi- women just doesn’t make any sense. groups, think tanks, academics and other ciary Committee unanimously sup- This bill doesn’t change any state groups.– ported this bill, Republicans and Demo- laws. It sets a minimum Federal stand- This legislation has seemingly been held up by only one issue—an effort to allow civil crats alike. We have continued the ard, so any state that wants to have regulators to demand, without a warrant, hard work of building a broad bipar- additional reporting requirements may the content of customer documents and com- tisan coalition in support of this bill. do so. The bill also requires the Depart- munications directly from third party serv- Now is the time to act swiftly to bring ment of Health and Human Services to ice providers. This should not be permitted. our privacy protections into the digital focus on research and improved screen- Such warrantless access would expand gov- age. ing for patients with dense breast tis- ernment power; government regulators cur- I will continue to work with Senator sue. Early detection is the key to beat- rently cannot compel service providers to LEE, Senator CORNYN, Senator MORAN, ing cancer. Every patient deserves ac- disclose their customers’ communications. It would prejudice the innovative services that Senator SHAHEEN, Senator MERKLEY, cess to their own information, espe- all stakeholders support, and would create Senator GARDNER, and Senator cially when it may be what saves their one procedure for data stored locally and a BLUMENTHAL on this issue because life. different one for data stored in the cloud. while I am proud to have them as co- I want to thank Senator AYOTTE for Because of all its benefits, there is an ex- sponsors, I am also proud that we are working with me on this bill. I urge my traordinary consensus around ECPA re- doing the right thing colleagues to join us, and Senators form—one unmatched by any other tech- GILLIBRAND, BOXER, HEITKAMP, BALD- nology and privacy issue. Successful passage By Mrs. FEINSTEIN (for herself, of ECPA reform sends a powerful message— WIN, BROWN, MIKULSKI, STABENOW, CAP- Congress can act swiftly on crucial, widely Ms. AYOTTE, Mrs. GILLIBRAND, ITO, SHAHEEN, CASEY, HIRONO, MCCAS- supported, bipartisan legislation. Failure to Mrs. BOXER, Ms. HEITKAMP, Ms. KILL, and WARREN in cosponsoring the enact reform sends an equally powerful mes- BALDWIN, Mr. BROWN, Ms. MI- Breast Density and Mammography Re- sage—that privacy protections are lacking in KULSKI, Ms. STABENOW, Mrs. porting Act. This bill is supported by law enforcement access to user information CAPITO, Mrs. SHAHEEN, Mr. organizations including the American and that constitutional values are imperiled CASEY, Ms. HIRONO, Mrs. Cancer Society Cancer Action Net- in a digital world. MCCASKILL, Ms. WARREN, and For all these reasons, we strongly urge all work, Are You Dense Advocacy, Breast members of the Senate Judiciary Committee Ms. CANTWELL): Cancer Fund, and Susan G. Komen. to support the ECPA Amendments Act. S. 370. A bill to require breast density I look forward to working with my Sincerely, reporting to physicians and patients by colleagues on this important issue. ACT—The App Association, Adobe, Ama- facilities that perform mammograms, zon, American Association of Law Libraries, and for other purposes; to the Com- By Mr. CARDIN (for himself, Ms. American Booksellers for Free Expression, mittee on Health, Education, Labor, COLLINS, Ms. BALDWIN, Mr. American Civil Liberties Union, American and Pensions. COCHRAN, Mr. BLUMENTHAL, Mr. Library Association, Americans for Tax Re- Mrs. FEINSTEIN. Mr. President, KIRK, Mr. CARPER, Ms. MUR- form and Digital Liberty, AOL, Apple, Asso- ciation of Research Libraries, Automattic, even though we have made great KOWSKI, Mr. CASEY, Mr. Autonet Mobile, Brennan Center for Justice, strides in the treatment and diagnosis PORTMAN, Ms. CANTWELL, Mr. BSA |, The Software Alliance, Center for Fi- of breast cancer, this disease continues COONS, Mr. HEINRICH, Ms. nancial Privacy and Human Rights, Center to be the second leading cause of death HIRONO, Mr. KING, Mr. LEAHY, for Democracy & Technology, Center for Na- for women in the United States. Mr. MARKEY, Mr. MENENDEZ, tional Security Studies, Cisco, Competitive When women receive their mammog- Mr. MERKLEY, Ms. MIKULSKI, Enterprise Institute, Computer & Commu- raphy report and it comes out normal, Mr. MURPHY, Mr. SANDERS, Mr. nications Industry Association, Consumer they usually move on with their day SCHUMER, Mr. WYDEN, and Ms. Action, Council for Citizens Against Govern- ment Waste, Data Foundry, Deluxe Corpora- thinking everything is just fine. This KLOBUCHAR): tion, Demand Progress, Direct Marketing may be the case, but for women with S. 375. A bill to amend the Internal Association, Discovery Institute, Distributed dense breast tissue this ‘‘normal’’ re- Revenue Code of 1986 to provide a re- Computing Industry Association (DCIA). port doesn’t capture the whole picture. duced rate of excise tax on beer pro- Dropbox, eBay, Electronic Frontier Foun- This is because cancer may still be duced domestically by certain quali- dation, Engine, Evernote, Facebook, First present and missed on their mammo- fying producers; to the Committee on Amendment Coalition, Foursquare, gram because it is obscured by dense Finance. FreedomWorks, Future of Privacy Forum, Gen Opp, Golden Frog, Google, Hewlett- breast tissue. Mr. CARDIN. Mr. President, I am Packard, Information Technology Industry It is vital for women to be told this pleased to rise today with my friend Council (ITI), Internet Association, Internet simple, yet potentially life-saving, in- and colleague, the senior Senator from Infrastructure Coalition (I2Coalition), In- formation about their own health so Maine, Senator COLLINS, to re-intro- tuit, Less Government, Liberty Coalition, they can discuss with their doctor if duce the Small Brewer Reinvestment & LinkedIn, NetChoice, New America’s Open additional screening makes sense for Expanding Workforce Act of 2015, oth- Technology Institute, Newspaper Associa- them. That could be the difference be- erwise known as the Small BREW Act. tion of America, Oracle, Personal, R Street, tween catching breast cancer early and Our esteemed former colleague, Sen- ServInt, SIIA: Software & Information In- dustry Association, Snapchat, Sonic, Tax- surviving, or waiting until its too late ator Kerry, now Secretary of State, in- payers Protection Alliance, TechFreedom, because you were never told your full troduced this bill in the 112th Congress. TechNet, The Constitution Project, The Fed- medical information. I was honored to take up the mantel in eration of Genealogical Societies, Tumblr, Even though there is a risk for can- the 113th Congress. Twitter, U.S. Chamber of Commerce, Ven- cer being missed, when women receive The Small BREW Act of 2015 would ture Politics, Yahoo. their mammogram report there is cur- reduce the excise tax on America’s Mr. LEAHY. I am also pleased that rently no federal requirement to in- craft brewers. Under current Federal Senators SHAHEEN, MORAN, CORNYN, clude notice that they have dense law, brewers producing 2 million or MERKLEY, GARDNER, and BLUMENTHAL breast tissue. This is the case even fewer barrels annually pay $7 per barrel have joined this effort with Senator though the radiologist makes that de- on the first 60,000 barrels they brew, LEE and I. I commend them because we termination upon reading the mammo- and $18 per barrel on every barrel do have an opportunity this year to gram thereafter, one barrel = 31 gallons. The make progress on bipartisan, common- This bill is a simple solution. It re- Small BREW Act would create a new sense legislation to protect the privacy quires that women be informed on the excise tax rate structure that helps

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S776 CONGRESSIONAL RECORD — SENATE February 4, 2015 start-up and small breweries and re- ally, small and independent brewers Flying Dog, Union Craft, Ruddy Duck, flects the evolution of the craft brew- employ over 110,000 full- and part-time Baying Hound, Heavy Seas, and The ing industry. The rate for the smallest employees, generate more than $3 bil- Brewers Art create jobs and reinvest packaging breweries and brewpubs lion in wages and benefits, and pay their profits back into their local would be $3.50 per barrel on the first more than $2.3 billion in business, per- economies. The Federal Government 60,000 barrels. For production between sonal and consumption taxes, accord- needs to be investing in industries that 60,001 and 2 million barrels, the rate ing to the BA. As the craft beer indus- invest in America and create real jobs would be $16.00 per barrel. Thereafter, try grows so, too, does the demand for here at home. With more than 3,200 the rate would be $18.00 per barrel. American-grown barley and hops and small and independent breweries and Breweries with an annual production of American-made brewing, bottling, can- brew-pubs currently operating in the 6 million barrels or less would qualify ning, and other equipment. That de- United States—and many more being for these recalibrated tax rates. mand creates more good jobs. planned—now is the time to take The small brewer threshold and tax Maryland is home to 43 craft brewers, meaningful action to help them and rate were established in 1976 and have up from 34 in 2013, with 24 more in the our economy grow. An article in to- never been updated. Since then, the planning stages. The existing breweries day’s New York Times entitled ‘‘Bet- largest multinational producer of beer and brew-pubs employ roughly 600 peo- ting on the Growth of Microbreweries’’ has increased its annual production ple who were directly involved in pro- quotes BA economist Dr. Bart Watson from 45 million barrels to 97 million ducing craft beer in the State last as saying, ‘‘Brewery after brewery is barrels domestically and 325 million year, and another 700 to 1,400 part-time looking for ways to grow because when barrels globally. To put the matter in workers including brew-pub restaurant you talk to these companies, the big- perspective, the biggest domestic craft staff and associated employees. In 2012, gest constraint is capacity. They’re brewer produces 2.7 million barrels of the Brewers Association determined selling beer as fast as they can make beer annually. Raising the ceiling that that the economic impact of the craft it.’’ Let us help them grow. defines small breweries from 2 million brewing industry on the State was $455 I am proud to announce that Sen- barrels to 6 million barrels more accu- million and that the industry created a ators BALDWIN, BLUMENTHAL, CANT- rately reflects the intent of the origi- total of 5,422 ‘‘full-time equivalent’’, WELL, CARPER, CASEY, COCHRAN, COONS, nal differentiation between large and FTE, jobs in Maryland, including indi- HEINRICH, HIRONO, KING, KIRK, KLO- small brewers in the U.S. Because of rect and induced jobs, paying over $185 BUCHAR, LEAHY, MARKEY, MENENDEZ, differences in economies of scale, small million in wages. Based on 2013 produc- MERKLEY, MIKULSKI, MURKOWSKI, MUR- brewers have higher costs for raw ma- tion figures, the Small BREW Act PHY, PORTMAN, SANDERS, SCHUMER, and terials, production, packaging, and would provide Maryland’s small brew- WYDEN have all signed on as original market entry compared to larger, well- ers with roughly $570,000 to reinvest in co-sponsors of the Small BREW Act, established multi-national competi- their growing businesses and hire more and I encourage the rest of my Senate tors. Adjusting the excise tax rate workers. colleagues to consider joining us in would provide small brewers with an Small brewers have been anchors of this worthwhile legislative endeavor. additional $67 million each year they local communities and America’s econ- Mr. President, I ask unanimous con- could use to start or expand their busi- omy since the start of our history. In- sent that the text of the bill be printed nesses on a local, regional, or national deed, there is a Mayflower document in the RECORD. There being no objection, the text of scale. published in 1622 that explains why the This past November, the Joint Com- Pilgrims landed at Plymouth Rock the bill was ordered to be printed in mittee on Taxation, JCT, estimated which states, ‘‘For we could not now the RECORD, as follows: the bill would cost $253 million through take time for further search or consid- S. 375 2019 and $641 million over 10 years. A eration: our victuals being much spent, Be it enacted by the Senate and House of Rep- resentatives of the United States of America in March 2013 study on the costs and bene- especially our beer.’’ Presidents from Congress assembled, fits of the Small BREW Act bill which George Washington to Barack Obama SECTION 1. SHORT TITLE. then-Harvard University economist have been homebrewers. Going back This Act may be cited as the ‘‘Small Brew- John Friedman prepared on behalf of much further, the oldest extant recipe er Reinvestment and Expanding Workforce the Brewers Association, BA, indicates is for beer. And many people would Act’’ or as the ‘‘Small BREW Act’’. that the bill would directly reduce the argue that our thirst for beer is what SEC. 2. REDUCED RATE OF EXCISE TAX ON BEER excise tax revenue the Federal Govern- drove man from being a hunter-gath- PRODUCED DOMESTICALLY BY CER- ment collects by $67.0 million the first erer to a crop cultivator since the ear- TAIN QUALIFYING PRODUCERS. (a) IN GENERAL.—Paragraph (2) of section year after enactment. But Professor liest domesticated cereal grains were 5051(a) of the Internal Revenue Code of 1986 Friedman notes that such a loss would various types of barley better suited is amended— be offset in large part by $49.1 million for beer production than making bread. (1) by redesignating subparagraphs (B) and in new payroll and income taxes col- Saint Arnulf of Metz, also known as St. (C) as subparagraphs (C) and (D), respec- lected on increased economic activity. Arnold, who lived from roughly 582 to tively, and Professor Friedman believes that de- 640 AD, is known as the ‘‘Patron Saint (2) by striking subparagraph (A) and in- mand for craft beer will continue to in- of Brewers’’ because he recognized that serting the following new subparagraphs: ‘‘(A) IN GENERAL.—In the case of a brewer crease and the Federal Government beer, which is boiled first, contains al- who produces not more than 6,000,000 barrels would collect an additional $1.1 million cohol and is slightly acidic, was much of beer during the calendar year, the per bar- in excise taxes from the increased safer to consume than water. French rel rate of tax imposed by this section shall sales. The net revenue loss, therefore, chemist and microbiologist Louis Pas- be— would be $16.9 million the first year teur, 1822–1895, who discovered yeast ‘‘(i) $3.50 on the first 60,000 qualified barrels after enactment. The total net revenue and propounded the germ theory that of production, and loss over 5 years would be $95.9 million. is the basis of so much of modern medi- ‘‘(ii) $16 on the first 1,940,000 qualified bar- The bill would lead to the creation of cine, worked for breweries for much of rels of production to which clause (i) does not apply. 5,230 new jobs in the first 12–18 months his career. The pH scale, the standard ‘‘(B) QUALIFIED BARRELS OF PRODUCTION.— after passage and the cost of each new measurement of acidity, was developed For purposes of this paragraph, the term job in foregone revenue would be just by the head of Carlsberg Laboratory’s ‘qualified barrels of production’ means, with $3,300. Chemical Department in 1909. Dr Soren respect to any brewer for any calendar year, While some people may think this is Sorensen, 1868–1939, developed the pH the number of barrels of beer which are re- a bill about beer, it is really about scale during his pioneering research moved in such year for consumption or sale jobs. Blue collar jobs and white collar into proteins, amino acids and en- and which have been brewed or produced by jobs. Small brewers are small business zymes—the basis of today’s protein such brewer at qualified breweries in the United States.’’. owners in communities in each and chemistry. So it is fair to say that civ- (b) CONFORMING AMENDMENTS.— every State across the country. Rough- ilization and beer go hand-in-hand. (1) Subparagraph (C) of section 5051(a)(2) of ly 75 percent of Americans now live In addition to making high-quality such Code, as redesignated by this section, is within 10 miles of a brewery. Nation- beers, craft brewers such as Maryland’s amended—

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S777 (A) by striking ‘‘2,000,000 barrel quantity’’ it would rather push forward with its latory action is driven not by the pub- and inserting ‘‘6,000,000 barrel quantity’’, and interest-driven regulatory agenda than lic interest, but by special interest pri- (B) by striking ‘‘60,000 barrel quantity’’ and ease the heavy burden upon our econ- orities, and often comes as a complete inserting ‘‘60,000 and 1,940,000 barrel quan- omy and our entrepreneurs. surprise to those most affected by it. tities’’. (2) Subparagraph (D) of such section, as so To make matters worse, this admin- Sue-and-settle litigation also helps redesignated, is amended by striking istration is pursuing new regulations agencies avoid accountability. Instead ‘‘2,000,000 barrels’’ and inserting ‘‘6,000,000 through litigation tactics that take an of having to answer to the public for barrels’’. end-run around the laws enacted by controversial regulations and policy (c) EFFECTIVE DATE.—The amendments Congress to ensure transparency and decisions, agency officials are able to made by this section shall apply to beer re- accountability in the regulatory proc- simply point to a court order entering moved during calendar years beginning after ess. This strategy has come to be the agreement and maintain that they the date of the enactment of this Act. known as sue-and-settle, and regu- were required to take action under its By Mr. GRASSLEY (for himself, lators have been using it to speed up terms. Mr. BLUNT, Mr. CRUZ, Mr. rulemaking and to keep the public, in- Further, the abuse of consent decrees HATCH, Mr. PAUL, Mr. CORNYN, dustries, and even the States away as a method for taking regulatory ac- Mr. RUBIO, Mr. INHOFE, Mrs. from the table when regulatory deci- tion can have lasting negative impact FISCHER, Mr. FLAKE, Mr. LEE, sions are negotiated behind closed on the ability of future administra- Mrs. CAPITO, and Mr. GARDNER): doors. tions to adapt the Federal regulatory S. 378. A bill to impose certain limi- Sue-and-settle cases typically follow scheme to changing circumstances. Not tations on consent decrees and settle- a similar pattern. First, an interest only does this raise serious concerns ment agreements by agencies that re- group files a lawsuit against a Federal about bad public policy; it also puts quire the agencies to take regulatory agency, claiming that the agency has into question the constitutional im- action in accordance with the terms failed to take a certain regulatory ac- pact of one administration’s actions thereof, and for other purposes; to the tion by a statutory deadline. Through binding the hands of its successors. Committee on the Judiciary. the complaint, the interest group seeks Sue-and-settle, and the consequences Mr. GRASSLEY. Mr. President, I rise to compel the agency to take action by that come with such tactics, is not a today to introduce an important piece a new, often-rushed deadline. The new phenomenon. Evidence of sue-and- of regulatory reform legislation. plaintiff-interest group frequently will settle tactics and closed-door rule- A study released this past fall by the be one that shares a common regu- making can be found in nearly every National Association of Manufacturers latory and policy agenda with the administration over the previous few estimates that U.S. Federal Govern- agency that it sues, such as when an decades. ment regulations imposed over $2 tril- environmental group sues the Environ- But there has been an alarming in- lion in compliance costs on American mental Protection Agency, EPA. crease in sue-and-settle tactics under businesses in 2012. This is an amount Next, the agency and interest group the Obama administration. A study by equal to 12 percent of our Nation’s enter into friendly negotiations to the U.S. Chamber of Commerce shows GDP. produce either a settlement agreement that just during President Obama’s The study also demonstrated—and or consent decree behind closed doors first term, 60 Clean Air Act lawsuits this should come as no surprise—that that commits the agency to satisfying against the EPA were resolved through the cost of complying with all those the interest group’s demands. The consent decrees or settlement agree- regulations falls disproportionately on agreement is then entered by a court, ments, an increase from 28 during small businesses. Small manufacturing binding executive discretion to under- President George W. Bush’s second firms, in particular, grapple with regu- take a regulatory action. And notice- term. latory compliance costs that are more ably absent from these negotiations Since 2009, sue-and-settle cases than three times those felt by the aver- are the very parties who will likely be against the EPA have imposed at least age company in the United States. most impacted by the new regulation. $13 billion in annual regulatory costs. It is no wonder why many American Sue-and-settle tactics by advocacy In November 2010, environmental ad- businesses are shuttering or moving groups and complicit government agen- vocacy groups filed a complaint their entire operation overseas. And cies have severe consequences on trans- against the EPA under the Clean Water how many folks dreamed of starting a parency, public accountability, and ul- Act to compel the agency to revise small business but ultimately decided timately on the quality of the result- wastewater regulations. Interestingly, against taking the risk because of the ing public policy. the same day that the complaint was overwhelming burden and uncertainty Such tactics undermine congres- filed, the plaintiff-advocacy groups of our regulatory state? sional intent by shutting out affected filed a proposed consent decree already We have to do better. parties, such as industries and even the signed by the EPA and requiring Small businesses are fed up with ex- States that are charged with imple- prompt regulatory action. As is char- cessive Federal regulation, and they menting new regulations. acteristic of sue-and-settle cases, po- are making sure we know about it. A The Administrative Procedure Act, tentially affected parties were kept out November 2014 survey conducted by the APA, which has been characterized as of the lawsuit and negotiations. Such a National Federation of Independent the citizens’ ‘‘regulatory bill of scenario should raise serious concerns Business asked small business owners rights,’’ was enacted to ensure trans- over how truly adversarial these law- across the country to rank the ten parency and public accountability in suits really are. most pressing problems they face. our Federal rulemaking process. A cen- In another case, environmental advo- Overwhelmingly, the top two answers tral aspect of the APA is the notice- cacy groups filed suit against the EPA from small business owners were taxes and-comment process, which requires to compel the agency to issue new air and complying with government red agencies to notify the public of pro- quality standards for pollutants from tape. I am happy to say that this Con- posed regulations and to respond to coal and oil-fired power plants. The gress intends to confront these issues comments submitted by interested par- plaintiff-advocacy groups alleged that head-on. ties. the EPA had violated its statutory The Federal Government needs to do Rulemaking driven by sue-and-settle duty to issue new standards. everything possible to promote an en- tactics, however, frequently results in An industry group intervened in the vironment that will allow private sec- reprioritized agency agendas and trun- case to represent utility companies but tor employers to create jobs. To ac- cated deadlines for regulatory action. was ultimately left out of subsequent complish that, common sense would This renders the notice-and-comment negotiations between the plaintiffs and tell us that the government needs to requirements of the APA a mere for- the EPA, which resulted in a consent remove barriers to job creation rather mality, depriving regulated entities, decree. The industry group challenged than put up new ones. the States and the public of sufficient the consent decree on numerous Unfortunately, the Obama adminis- time to have any meaningful input on grounds, including the rulemaking tration has proven time and again that the final rules. The resulting regu- timeframe established under the decree

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SHORT TITLE. judge concluding that ‘‘[s]hould haste This Act may be cited as the ‘‘Sunshine for By enacting reasonable, pro-account- Regulatory Decrees and Settlements Act of make waste, the resulting regulations ability measures, the Sunshine bill 2015’’. will be subject to successful chal- aims to address many of the problems SEC. 2. DEFINITIONS. lenge. . . If EPA needs more time to I have outlined so far. In this Act— get it right, it can seek more time.’’ This bill provides for greater trans- (1) the terms ‘‘agency’’ and ‘‘agency ac- The resulting rule, despite its opaque parency by shedding light on sue-and- tion’’ have the meanings given those terms promulgation, was estimated by the under section 551 of title 5, United States settle tactics. It requires agencies to Code; EPA to cost $9.6 billion annually by publish sue-and-settle complaints and 2015. And according to estimates by the (2) the term ‘‘covered civil action’’ means a notices of intent-to-sue in a readily ac- civil action— American Coalition for Clean Coal cessible manner. (A) seeking to compel agency action; Electricity, the rule promulgated The bill requires agencies to publish (B) alleging that the agency is unlawfully under the consent decree would con- proposed consent decrees and settle- withholding or unreasonably delaying an tribute to a loss of 1.44 million jobs in ment agreements at least 60 days be- agency action relating to a regulatory action that would affect the rights of— the U.S. between 2013 and 2020. fore they can be filed with a court. The EPA could have done things (i) private persons other than the person This provides a valuable opportunity right the first time by crafting a sen- bringing the action; or for affected parties to weigh-in, which sible, workable rule that protects the (ii) a State, local, or tribal government; will increase public accountability in and environment without causing unneces- the rulemaking process. It will also (C) brought under— sary job losses or higher electricity prevent those scenarios where lawsuits (i) chapter 7 of title 5, United States Code; prices for hard-working American fam- are filed on the same day as previously or ilies. But as a result of backroom, sue- (ii) any other statute authorizing such an negotiated agreements, a practice that and-settle tactics, we were left with a action; effectively blocks any meaningful par- controversial regulation that fails to (3) the term ‘‘covered consent decree’’ ticipation by affected parties. properly take into account the impact means— The bill also makes it easier for af- (A) a consent decree entered into in a cov- on affected parties and that remains fected parties such as States and busi- ered civil action; and the subject of litigation to this day. (B) any other consent decree that requires The EPA, it seems, has turned a ness owners to take part in both the lawsuit and settlement negotiations to agency action relating to a regulatory action blind eye to the calls for more trans- that affects the rights of— parency and public accountability in ensure that their interests are properly (i) private persons other than the person our Federal rulemaking process. In represented. It requires the Attorney bringing the action; or February 2014, EPA’s General Counsel General or, if appropriate, the head of (ii) a State, local, or tribal government; issued a statement declaring: the defendant-agency, to certify to the (4) the term ‘‘covered consent decree or court that he or she has personally ap- settlement agreement’’ means a covered con- The sue and settle rhetoric, strategically sent decree and a covered settlement agree- mislabeled by its proponents, is an often-re- proved certain proposed consent de- crees or settlement agreements that, ment; and peated but a wholly invented accusation that (5) the term ‘‘covered settlement agree- gets no more true with frequent retelling. for example, convert a discretionary ment’’ means— I think many would take issue with authority of an agency into a non-dis- (A) a settlement agreement entered into in that assessment. In fact, the Environ- cretionary duty to act. It requires that a covered civil action; and mental Council of the States, or courts consider whether the terms of a (B) any other settlement agreement that ECOS—a national non-profit, non-par- proposed agreement are contrary to requires agency action relating to a regu- latory action that affects the rights of— tisan association made up of State and the public interest. The bill promotes greater trans- (i) private persons other than the person territorial environmental agency lead- bringing the action; or ers—adopted a resolution entitled ‘‘The parency by requiring agencies to pub- (ii) a State, local, or tribal government. Need for Reform and State Participa- licly post and report to Congress infor- SEC. 3. CONSENT DECREE AND SETTLEMENT RE- tion in EPA’s Consent Decrees which mation on sue-and-settle complaints, FORM. Settle Citizen Suits,’’ stating, among consent decrees and settlement agree- (a) PLEADINGS AND PRELIMINARY MAT- other things: ments. TERS.— Finally, the bill resolves key con- (1) IN GENERAL.—In any covered civil ac- [S]tate environmental agencies are not al- tion, the agency against which the covered ways notified of citizen suits that allege U.S. stitutional concerns by making it easi- civil action is brought shall publish the no- EPA’s failure to perform its nondis- er for succeeding administrations to tice of intent to sue and the complaint in a cretionary duties, are often not parties to modify the effect of a prior administra- readily accessible manner, including by these citizen suits, and are usually not pro- tion’s consent decrees. It does so by making the notice of intent to sue and the vided with an opportunity to participate in providing for de novo review of motions complaint available online not later than 15 the negotiation of agreements to settle cit- to modify existing consent decrees due days after receiving service of the notice of izen suits[.] to changed circumstances. intent to sue or complaint, respectively. ECOS further resolved that: (2) ENTRY OF A COVERED CONSENT DECREE OR The Sunshine for Regulatory Decrees SETTLEMENT AGREEMENT.—A party may not [G]reater transparency of citizen suit set- and Settlements Act will shed light on tlement agreements is needed for the public make a motion for entry of a covered con- to understand the impact of these agree- the problem. It will help rein in back- sent decree or to dismiss a civil action pur- ments on the administration of environ- room rulemaking, encourage the ap- suant to a covered settlement agreement mental programs[.] propriate use of consent decrees and until after the end of proceedings in accord- settlements, and reinforce the proce- ance with paragraph (1) and subparagraphs I agree. (A) and (B) of paragraph (2) of subsection (d) Clearly, the EPA has no intention of dures laid out decades ago to ensure a transparent and accountable regu- or subsection (d)(3)(A), whichever is later. acknowledging the use or consequences (b) INTERVENTION.— of sue-and-settle tactics. And unfortu- latory process. (1) REBUTTABLE PRESUMPTION.—In consid- nately, I think this sentiment is shared I urge my colleagues to work with ering a motion to intervene in a covered by other executive branch agencies me and support this important legisla- civil action or a civil action in which a cov- today. tion. ered consent decree or settlement agreement That is why today I am introducing Mr. President, I ask unanimous con- has been proposed that is filed by a person the Sunshine for Regulatory Decrees sent that the text of the bill be printed who alleges that the agency action in dis- pute would affect the person, the court shall and Settlements Act of 2015. Senators in the RECORD. presume, subject to rebuttal, that the inter- BLUNT, HATCH, CRUZ, PAUL, CORNYN, There being no objection, the text of ests of the person would not be represented RUBIO, INHOFE, FISCHER, FLAKE, LEE, the bill was ordered to be printed in adequately by the existing parties to the ac- CAPITO and GARDNER are cosponsors of the RECORD, as follows: tion.

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(2) STATE, LOCAL, AND TRIBAL GOVERN- (3) PUBLIC HEARINGS PERMITTED.— procedures for a rulemaking that is the sub- MENTS.—In considering a motion to inter- (A) IN GENERAL.—After providing notice in ject of the covered settlement agreement; vene in a covered civil action or a civil ac- the Federal Register and online, an agency (II) commits the agency to expend funds tion in which a covered consent decree or may hold a public hearing regarding whether that have not been appropriated and that settlement agreement has been proposed to enter into a proposed covered consent de- have not been budgeted for the regulatory that is filed by a State, local, or tribal gov- cree or settlement agreement. action in question; or ernment, the court shall take due account of (B) RECORD.—If an agency holds a public (III) for such a covered settlement agree- whether the movant— hearing under subparagraph (A)— ment that commits the agency to exercise in (A) administers jointly with an agency (i) the agency shall— a particular way discretion which was com- that is a defendant in the action the statu- (I) submit to the court a summary of the mitted to the agency by statute or the Con- tory provisions that give rise to the regu- proceedings; stitution of the United States to respond to latory action to which the action relates; or (II) submit to the court a certified index of changing circumstances, to make policy or (B) administers an authority under State, the hearing record; and managerial choices, or to protect the rights local, or tribal law that would be preempted (III) provide access to the hearing record to of third parties. by the regulatory action to which the action the court; and (f) REVIEW BY COURT.— relates. (ii) the full hearing record shall be in- (1) AMICUS.—A court considering a pro- (c) SETTLEMENT NEGOTIATIONS.—Efforts to cluded in the court record. posed covered consent decree or settlement settle a covered civil action or otherwise (4) MANDATORY DEADLINES.—If a proposed agreement shall presume, subject to rebut- reach an agreement on a covered consent de- covered consent decree or settlement agree- tal, that it is proper to allow amicus partici- cree or settlement agreement shall— ment requires an agency action by a date pation relating to the covered consent decree (1) be conducted pursuant to the mediation certain, the agency shall, when moving for or settlement agreement by any person who or alternative dispute resolution program of entry of the covered consent decree or settle- filed public comments or participated in a the court or by a district judge other than ment agreement or dismissal based on the public hearing on the covered consent decree the presiding judge, magistrate judge, or spe- covered consent decree or settlement agree- or settlement agreement under paragraph (2) cial master, as determined appropriate by ment, inform the court of— or (3) of subsection (d). the presiding judge; and (A) any required regulatory action the (2) REVIEW OF DEADLINES.— (2) include any party that intervenes in the agency has not taken that the covered con- (A) PROPOSED COVERED CONSENT DECREES.— action. sent decree or settlement agreement does For a proposed covered consent decree, a (d) PUBLICATION OF AND COMMENT ON COV- not address; court shall not approve the covered consent ERED CONSENT DECREES OR SETTLEMENT (B) how the covered consent decree or set- decree unless the proposed covered consent AGREEMENTS.— tlement agreement, if approved, would affect decree allows sufficient time and incor- (1) IN GENERAL.—Not later than 60 days be- the discharge of the duties described in sub- fore the date on which a covered consent de- porates adequate procedures for the agency paragraph (A); and to comply with chapter 5 of title 5, United cree or settlement agreement is filed with a (C) why the effects of the covered consent court, the agency seeking to enter the cov- States Code, and other applicable statutes decree or settlement agreement on the man- that govern rulemaking and, unless contrary ered consent decree or settlement agreement ner in which the agency discharges its duties shall publish in the Federal Register and on- to the public interest, the provisions of any is in the public interest. Executive order that governs rulemaking. line— (e) SUBMISSION BY THE GOVERNMENT.— (B) PROPOSED COVERED SETTLEMENT AGREE- (A) the proposed covered consent decree or (1) IN GENERAL.—For any proposed covered MENTS.—For a proposed covered settlement settlement agreement; and consent decree or settlement agreement that agreement, a court shall ensure that the cov- (B) a statement providing— contains a term described in paragraph (2), ered settlement agreement allows sufficient (i) the statutory basis for the covered con- the Attorney General or, if the matter is time and incorporates adequate procedures sent decree or settlement agreement; and being litigated independently by an agency, (ii) a description of the terms of the cov- the head of the agency shall submit to the for the agency to comply with chapter 5 of ered consent decree or settlement agree- court a certification that the Attorney Gen- title 5, United States Code, and other appli- ment, including whether it provides for the eral or head of the agency approves the pro- cable statutes that govern rulemaking and, award of attorneys’ fees or costs and, if so, posed covered consent decree or settlement unless contrary to the public interest, the the basis for including the award. agreement. The Attorney General or head of provisions of any Executive order that gov- (2) PUBLIC COMMENT.— the agency shall personally sign any certifi- erns rulemaking. (g) ANNUAL REPORTS.—Each agency shall (A) IN GENERAL.—An agency seeking to cation submitted under this paragraph. submit to Congress an annual report that, enter a covered consent decree or settlement (2) TERMS.—A term described in this para- agreement shall accept public comment dur- graph is— for the year covered by the report, includes— ing the period described in paragraph (1) on (A) in the case of a covered consent decree, (1) the number, identity, and content of any issue relating to the matters alleged in a term that— covered civil actions brought against and the complaint in the applicable civil action (i) converts into a nondiscretionary duty a covered consent decree or settlement agree- or addressed or affected by the proposed cov- discretionary authority of an agency to pro- ments entered against or into by the agency; ered consent decree or settlement agree- pose, promulgate, revise, or amend regula- and ment. tions; (2) a description of the statutory basis for— (B) RESPONSE TO COMMENTS.—An agency (ii) commits an agency to expend funds shall respond to any comment received under that have not been appropriated and that (A) each covered consent decree or settle- subparagraph (A). have not been budgeted for the regulatory ment agreement entered against or into by the agency; and (C) SUBMISSIONS TO COURT.—When moving action in question; that the court enter a proposed covered con- (iii) commits an agency to seek a par- (B) any award of attorneys fees or costs in sent decree or settlement agreement or for ticular appropriation or budget authoriza- a civil action resolved by a covered consent dismissal pursuant to a proposed covered tion; decree or settlement agreement entered consent decree or settlement agreement, an (iv) divests an agency of discretion com- against or into by the agency. agency shall— mitted to the agency by statute or the Con- SEC. 4. MOTIONS TO MODIFY CONSENT DECREES. (i) inform the court of the statutory basis stitution of the United States, without re- If an agency moves a court to modify a for the proposed covered consent decree or gard to whether the discretion was granted covered consent decree or settlement agree- settlement agreement and its terms; to respond to changing circumstances, to ment and the basis of the motion is that the (ii) submit to the court a summary of the make policy or managerial choices, or to terms of the covered consent decree or set- comments received under subparagraph (A) protect the rights of third parties; or tlement agreement are no longer fully in the and the response of the agency to the com- (v) otherwise affords relief that the court public interest due to the obligations of the ments; could not enter under its own authority upon agency to fulfill other duties or due to (iii) submit to the court a certified index of a final judgment in the civil action; or changed facts and circumstances, the court the administrative record of the notice and (B) in the case of a covered settlement shall review the motion and the covered con- comment proceeding; and agreement, a term— sent decree or settlement agreement de (iv) make the administrative record de- (i) that provides a remedy for a failure by novo. scribed in clause (iii) fully accessible to the the agency to comply with the terms of the SEC. 5. EFFECTIVE DATE. court. covered settlement agreement other than This Act shall apply to— (D) INCLUSION IN RECORD.—The court shall the revival of the civil action resolved by the (1) any covered civil action filed on or after include in the court record for a civil action covered settlement agreement; and the date of enactment of this Act; and the certified index of the administrative (ii) that— (2) any covered consent decree or settle- record submitted by an agency under sub- (I) interferes with the authority of an ment agreement proposed to a court on or paragraph (C)(iii) and any documents listed agency to revise, amend, or issue rules under after the date of enactment of this Act. in the index which any party or amicus cu- the procedures set forth in chapter 5 of title riae appearing before the court in the action 5, United States Code, or any other statute By Mr. HATCH (for himself, Mr. submits to the court. or Executive order prescribing rulemaking CORNYN, Mr. LEE, Mr. MCCAIN,

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S780 CONGRESSIONAL RECORD — SENATE February 4, 2015 Mr. ENZI, Mr. SCOTT, Mr. JOHN- head in the sand or at other times cried elect. Perhaps they think the Federal SON, Mr. INHOFE, Mr. BLUNT, that the sky would fall if we really did Government should control the Con- Mr. MORAN, Mr. ISAKSON, Mr. get our fiscal act together. Over many stitution, not the other way around. GARDNER, Mr. HOEVEN, Mr. decades we have demonstrated that I say to my colleagues who think BARRASSO, Mr. CRAPO, Mr. nothing short of a constitutional re- those things: I can understand why you WICKER, Mr. VITTER, Mr. HELL- quirement will work. would oppose sending this balanced ER, Mr. ALEXANDER, Mr. Third, the American people have the budget amendment to the States for TOOMEY, Mr. BOOZMAN, Ms. right to set rules for how Washington consideration. AYOTTE, Mr. THUNE, Mr. KIRK, handles their money. The Constitution But now a word to my other col- Mr. ROBERTS, Mr. PORTMAN, Mr. is a rulebook for government and it be- leagues: If you think this growing CRUZ, Mr. GRAHAM, Mr. CAS- longs to the American people. Pro- mountain of debt is dangerous and SIDY, Mr. RUBIO, Ms. MUR- posing an amendment does not add it must be stopped, if you believe we have KOWSKI, Mrs. FISCHER, Mr. to the Constitution but only sends it to exhausted every other means of stop- FLAKE, Mr. RISCH, Mr. PERDUE, the States for debate and consider- ping it, and if you say the American Mr. COCHRAN, Mr. LANKFORD, ation. And while it takes two-thirds of people have the right to decide how Mr. BURR, Mrs. CAPITO, Mr. Congress to propose an amendment to their government should operate, then SULLIVAN, Mr. DAINES, Mr. the Constitution, it takes three-fourths I invite you to support this joint reso- ROUNDS, Mr. MCCONNELL, Mr. of the States to ratify it. That high lution, S.J. Res. 6. GRASSLEY, Mr. COATS, Mrs. level of national consensus may or may The Senate has on four separate oc- ERNST, Mr. TILLIS, Mr. COTTON, not exist, but the American people de- casions voted on a balanced budget Ms. COLLINS, Mr. SHELBY, Mr. serve the opportunity to find out. amendment since I introduced that CORKER, Mr. PAUL, Mr. SES- On June 7, 1979, nearly 36 years ago, proposal in 1979. You can see it on this SIONS, and Mr. SASSE): I stood on this floor when I introduced chart. We actually passed one in 1982 S.J. Res. 6. A joint resolution pro- Senate Joint Resolution 86, my first when the national debt was $2.5 tril- posing an amendment to the Constitu- balanced budget amendment. In to- lion. But the House, controlled by tion of the United States relative to day’s dollars the budget deficit that Democrats at the time, did not take it balancing the budget; to the Com- year was $95 billion and the national up. mittee on the Judiciary. debt was $2.6 trillion, which was about The Senate voted on another bal- Mr. HATCH. Mr. President, today I 30 percent of our gross domestic prod- anced budget amendment in 1994 when am introducing a resolution proposing uct. I said then that only in Wash- the national debt was $6.9 trillion. It a constitutional amendment to require ington could this situation be described fell a few votes short. that Congress and the President handle as anything less than obscene. Three years later, when the national the American people’s money more re- The more things change, the more debt was $7.9 trillion, we came within a sponsibly and balance the Nation’s they stay the same. I concede a few single vote of passage in 1997. debt and budget. Like the last two Con- things have changed since 1979. For ex- And in 2011, the fourth from the left gresses, the entire Republican Con- ample, the deficit for the current fiscal there on the chart, we voted on the last ference has cosponsored this proposal. year is six times higher than it was in balanced budget amendment I intro- I know the Constitution sets a high 1979, and the national debt is seven duced. At that time, the national debt threshold for Congress to propose an times as large. To put that number in had grown to $15.1 trillion, and it is al- amendment, but it is critical we do so perspective, the national debt is now most $3 trillion higher today. for three reasons: larger than our entire economy. CBO tells us not only that the na- First, piling up more debt year after The situation is not only getting tional debt will swell by an additional year is imposing greater and greater worse, it is getting worse faster than $7.6 trillion in the next 10 years, but harm to our economy and to our soci- ever. More than 40 percent of the na- that interest on that debt will be a ety. Last week, Congressional Budget tional debt accumulated since our larger and larger portion of the budget. Office Director Douglas Elmendorf tes- founding has piled up under President The low interest rates we see today, tified before the House Budget Com- Obama, and he has 2 more years in of- after all, will not last forever. mittee, noting that the national debt is fice. While those things have changed, CBO warns that, on our current path, expected to swell by another $7.6 tril- and changed for the worse, the choice interest costs alone will quadruple lion—trillion with a T—over the next before us remains the same. from $200 billion today to nearly $800 10 years. He said: Some of my colleagues might dis- billion in 10 years. In only 6 years, if agree with the CBO Director and think Such large and growing national debt we do not change course, spending on would have serious negative consequences, that piling up trillions and trillions of interest will surpass either defense or including increasing Federal spending for in- dollars in debt is no big deal; that nondefense spending. Every dollar terest payments; restraining economic these are just numbers in the air with spent to service debt cannot be spent growth in the long term; giving policy- no impact on the real world. Perhaps protecting our country or helping our makers less flexibility to respond to unex- they think our large and growing na- citizens. This is the fiscal equivalent of pected challenges; and eventually height- tional debt won’t have any negative fiddling while Rome burns. The debt ening the risk of a fiscal crisis. consequences, won’t impede economic keeps growing, the danger keeps build- He is the Director of the Federal growth, won’t restrain policymakers’ ing, while Congress keeps pretending budget office and he said that on Janu- flexibility to respond to challenges, and stalling. ary 21, 2015. Just think about that. And and won’t heighten the risk of the fis- What if we had sent a balanced budg- he is a Democrat. He has been a very cal crisis. Some of my colleagues et amendment to the States in the good budget director, as far as I am might believe we have no obligation to 1970s, 1980s, or even 1990s? How dif- concerned, and I have enjoyed looking handle the American people’s money ferent would the budget process be at his analyses over the years. responsibly or perhaps they believe today? Our Nation is on an unsustainable this money belongs to government and When I spoke here in June 1979, I of- path and we simply cannot wait any not the American people at all. fered two additional reasons for adopt- longer to make responsible decisions Some of my colleagues might insist, ing a balanced budget amendment. for our future. despite decades of demonstrated fail- First, I said a fixed spending ceiling Second, Washington will not keep ure, that Congress can somehow get its ‘‘requires that Congress think in order our fiscal house in order unless re- fiscal act together on its own. One defi- of budget priorities.’’ quired to do so by the Constitution. nition of insanity is doing the same Second, I said: Congress has pretended that good in- thing over and over and expecting dif- In my mind, a balanced budget or spending tentions alone would keep our check- ferent results. limitation amendment offers the potential book balanced. Congress has tried put- Some of my colleagues might say the to impose new limits upon the National Gov- ting limits in place by legislation or American people should not be able to ernment, replacing those that have largely other rules. Congress has stuck its set fiscal rules for the government they been eroded over the years.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S781 That is why the American people Constitution. It is the only way we can northeastern border, prompting the African have never been able to use their Con- find enough people in this country who Union, the Lake Chad Basin Commission, the stitution to set fiscal rules for Wash- respect the Constitution to cause the European Union, and the United Nations Se- curity Council to recognize that there must ington—because doing so would set result that we live—or at least start be a regional response; limits the national government does living—within our means. Whereas the United States Government not want. But our liberty depends on f has stepped forward to offer assistance setting and enforcing such limits. through intelligence sharing, bilateral and I will repeat what I said here in 1979: SUBMITTED RESOLUTIONS international sanctioning of Boko Haram This is certainly not a trivial objective. leaders, counterterrorism assistance through Rather, it goes to the heart of what our sys- the Global Security Contingency Fund pro- tem of government is going to be in the fu- SENATE RESOLUTION 65—SUP- gram for countries in the region to counter ture. PORTING EFFORTS TO BRING AN the militant group, and humanitarian serv- END TO VIOLENCE PER- ices to populations affected by and vulner- That is the choice before us, and be- able to Boko Haram violence; fore the American people. PETRATED BY BOKO HARAM, AND URGING THE GOVERNMENT Whereas Boko Haram emerged partially as I have to say that if we look at the a response to underdevelopment in north- current budget, it is a fraud the Presi- OF NIGERIA TO CONDUCT eastern Nigeria, and inequality, elite impu- dent has submitted. It is pathetic. And TRANSPARENT, PEACEFUL, AND nity, and alleged human rights abuses by se- even with that current budget, saying CREDIBLE ELECTIONS curity forces may be fueling anti-govern- they are going to save us money, we Mr. MENENDEZ (for himself, Mrs. ment sentiment; Whereas it is clear that a military ap- are about a half trillion dollars in SHAHEEN, Mr. COONS, Mr. ISAKSON, Mr. proach alone will not eliminate the threat of debt—in further debt, I might add. It is BOOZMAN, and Mr. DURBIN) submitted Boko Haram, and gross human rights abuses piling up in irreducible ways. It is the following resolution; which was re- and atrocities by security forces causes inse- something we have to do something ferred to the Committee on Foreign curity and mistrust among the civilian popu- about. We can no longer sit around and Relations: lation; pretend that, somehow, Congress is S. RES. 65 Whereas it is imperative that the Govern- ment of Nigeria implement a comprehensive, going to take care of it, when Congress Whereas Nigeria is the most populous na- doesn’t have the will to take care of it. civilian security focused plan that tion in Africa, with the largest economy; prioritizes protecting civilians and also ad- A balanced budget amendment is an Whereas the Governments of the United dresses legitimate political and economic important part of changing that. States and Nigeria have had a strong bilat- grievances of citizens in northern Nigeria; I will speak later on the actual eral relationship, and Nigeria has been a val- Whereas Nigeria is scheduled to hold na- amendment and what it says and what ued partner of the United States since its tional elections in February 2015, and the it means and how it will work. I believe transition to civilian rule; elections appear to be the most closely con- Whereas the Government of Nigeria is cur- tested in Nigeria since the return to civilian it is an appropriate way of bringing rently confronted with threats to internal this country under control and getting rule; security by terrorists, insurgents, and com- Whereas election-related violence has oc- us to live within our means. It will munal violence that have caused consider- curred in Nigeria in successive elections, in- take time even if we start today. But able population displacement, and at the cluding in 2011, when nearly 800 people died we are not starting today. same time must administer transparent and in clashes following the presidential elec- This administration cannot get any- peaceful elections with a credible outcome; tion; where near what it wants in this budg- Whereas the government and those who as- Whereas President Goodluck Ebele et without a huge tax increase. We pire to hold office in Nigeria must dem- Azikiwe Jonathan, General Muhammadu have had tax increase after tax in- onstrate the political will to address both of Buhari, and other presidential candidates these challenges in a responsible way, in- crease after tax increase, and it never pledged to reverse this trend by signing the cluding by ensuring full enfranchisement, ‘‘Abuja Accord’’ on January 14, 2015, in which makes a dip in the Federal debt. We with particular emphasis on developing a they committed themselves and their cam- have to wake up around here and start means for enfranchisement for the hundreds paigns to refraining from public statements doing some things right, or this coun- of thousands displaced by violence; that incite violence, to running issue-based try—the greatest country in the Whereas the members of Jama’atu Ahlis campaigns that do not seek to divide citizens world—will not be able to remain so. Sunna Lidda’awati wal-Jihad, commonly along religious or ethnic lines, and to sup- But it has to. known as Boko Haram, have terrorized the porting the impartial conduct of the elec- If we look at the rest of the world— people of Nigeria with increasing violence toral commission and the security services; since 2009, targeting military, government, we are in terrible shape throughout the Whereas Secretary of State John Kerry and civilian sites in Nigeria, including visited Nigeria on January 25, 2015, to em- rest of the world. There is no other schools, mosques, churches, markets, vil- phasize the importance of ensuring the up- country in this world that can lead like lages, and agricultural centers, and killing coming elections are peaceful, nonviolent, ours can—except for evil. There are thousands and abducting hundreds of civil- and credible; countries that can really lead, but they ians in Nigeria and the surrounding coun- Whereas tensions in the country remain would lead for evil. We have got to stop tries; high, and either electoral fraud or violence that. And the only way we can is to Whereas the Department of State named could undermine the credibility of the up- have a nation that lives within its several individuals linked to Boko Haram, coming election; including its leader, Abubakar Shekau, as means, does what is right, and balances Whereas the people of Nigeria aspire for a Specially Designated Global Terrorists in fair, competently executed, and secure elec- its budget. It is going to take years, if 2012, and designated Boko Haram as a For- toral process, as well as an outcome that can we pass this amendment, to balance eign Terrorist Organization (FTO) in Novem- be accepted peacefully by all citizens; and the budget. If the amendment gets ber 2013; Whereas it is in the best interest of the passed and then is supported by three- Whereas, in May 2014, the United Nations United States to maintain close ties with a quarters of the States—38 States—this Security Council added Boko Haram to its al politically stable, democratic and economi- amendment will do the job. Qaeda sanctions list, and on January 19, 2015, cally sound Nigeria: Now, therefore, be it Whatever we do, it is going to be the United Nations Security Council issued a Resolved, That the Senate— presidential statement condemning the re- (1) condemns Boko Haram for its violent tough. But that is better than a prof- cent escalation of attacks in northeastern attacks, particularly the indiscriminate tar- ligacy that is continuing to go along Nigeria and surrounding countries and ex- geting of civilians, especially women and under all kinds of phony arguments pressing concern that the situation was un- girls, and the use of children as fighters and that, when we look back on them, are dermining peace and security in West and suicide bombers; really phony. They act as though they Central Africa; (2) stands with— are really trying to do something Whereas the over 200 school girls abducted (A) the people of Nigeria in their right to about this, while spending us into by Boko Haram on April 14, 2014, from the live free from fear or intimidation by state bankruptcy, and more and more caus- Government Girls Secondary School in the or nonstate actors, regardless of their eth- northeastern state of Borno, whose kidnap- nic, religious, or regional affiliation; ing us to not be able to live within our ping sparked domestic and international out- (B) the people of Cameroon, Chad, and means. rage spawning the Twitter campaign Niger who are increasingly at risk of becom- We have got to change this, and I am #BringBackOurGirls, are still missing; ing victims of Boko Haram’s violence; and convinced the only way we will is with Whereas the militant group is an increas- (C) the international community in its ef- a balanced budget amendment to the ing menace to the countries along Nigeria’s forts to defeat Boko Haram;

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S782 CONGRESSIONAL RECORD — SENATE February 4, 2015 (3) supports the Abuja Accord, and calls on religions and ethnic groups. It has tar- presidential elections are scheduled for candidates, party officials, and adherents of geted schools, mosques, churches, mar- February 14. For the first time since all political movements to comply with the kets, villages and agricultural centers Nigeria transitioned from military rule code of conduct spelled out therein, by re- with a wave of kidnappings, killings fraining from any rhetoric or action that to democracy in 1999, a unified opposi- seeks to demonize or delegitimize opponents, and suicide bombs. Boko Haram terror- tion party will challenge the ruling sow division among Nigerians, or otherwise ists have abducted hundreds, including People’s Democratic Party, PDP. This inflame tensions; the Chibok girls, who to this day re- election will test the strength of an (4) condemns any and all abuses of civil- main missing; and has killed thou- electoral process that has been marred ians by security forces of the Government of sands—by some accounts over 6,000 last by violence. In 2011, more than 800 peo- Nigeria; year alone and, since 2009, more than a ple were killed in clashes that followed (5) urges the Government of Nigeria— million have been displaced. (A) to conduct timely, credible, trans- what international observers deemed parent, and peaceful elections; In January, Boko Haram staged a 4 to be the most free, fair, and best-ad- (B) to refrain from using security services day assault on the northeastern town ministered elections to date. for political purposes in connection with the of Baga, abducting civilians, and forc- elections; ing thousands to flee. Eyewitnesses Despite the history of electoral vio- (C) to prioritize the safety and security of claim as many as 2000 dead, though the lence, the Nigerian Government has Nigerians vulnerable to Boko Haram at- government disputes this number. Sat- yet to implement reforms rec- tacks; ellite photographs show disturbing im- ommended by the Independent Na- (D) to implement a comprehensive, civilian ages of towns burned and razed. What tional Electoral Commission, INEC. security focused response to defeat Boko INEC itself has taken a number of Haram that addresses political and economic began as a localized insurgency that grievances of citizens in the north; targeted the military and government steps to improve the legitimacy of the (E) to improve the capacity and conduct of has grown into a sub-regional menace. voting process, including conducting Nigeria’s security forces, including respect Boko Haram has metastasized, effec- widespread voter registration programs for human rights, and take steps to hold ac- tively denying the government control and introducing biometric voter identi- countable through a transparent process over a significant swathe of territory fication cards. INEC is engaged in a those members of the security forces respon- in the three most affected states of valiant effort to distribute permanent sible for abuses; (F) to recognize that security forces are in- northeast Nigeria, and undertaking voter cards in time for next month’s tended to protect the safety and security of bold incursions into neighboring coun- elections, and we should continue to all citizens equally; and tries. The Nigerian government’s re- support such efforts until the job is (G) to cooperate with regional and inter- sponse has been ineffective at best. At done to protect the legitimacy and in- national partners to defeat Boko Haram; worst, the actions of the security tegrity of the elections. (6) urges all Nigerians to engage in the forces, who have been accused of National Security Advisor Sambo electoral process, to insist on full enfran- alarming excesses, may have exacer- chisement, and to reject inflammatory or di- Dasuki has said the voter card dis- bated the problem. These are things visive rhetoric or actions; and tribution is too slow, and recently sug- the Nigerian government must ac- (7) reaffirms that the people of the United gested that the elections be postponed. knowledge and address if they want to States will continue to stand with the people I think this suggestion has understand- of Nigeria in support of peace and democ- end the reign of Boko Haram in com- racy. munities most affected by the terrorist ably raised suspicion and skepticism as to his motives and those of the PDP Mr. MENENDEZ. Mr. President, I am group. given that the race between President here today to speak to the troubling The international community, the situation in Nigeria, one of our strong- African Union, European Union, the Jonathan and his challenger, est allies in Africa since its transition Lake Chad Basin Commission, and Muhammadu Buhari, is by all accounts from military dictatorship to civilian United Nations Security Council—have close to a dead heat. It is true, how- rule over a decade ago. all recognized that there must be a re- ever, that increasing violence in three Nigeria is currently facing two grave gional response to Boko Haram. On northern states threatens to disenfran- threats to its stability. First, the coun- January 26, AU Commission Chair- chise a significant number of voters. try is preparing to vote next month in woman Dlamini Zuma said that Boko And it is unclear how those who have the most closely contested presidential Haram is a threat to the whole con- been internally displaced will be given election in recent history, but there is tinent. Just days ago, the AU Peace the opportunity to vote. In my view, a very real danger of prolonged vio- and Security Council approved a 7500 there must be an effort to develop a lence across Nigeria and mass casual- strong regional force to combat the consensus about how these twin chal- ties if the election results are not group. Recent U.S. efforts to provide lenges should be addressed or Nigerians deemed credible. assistance have been unilaterally may well dispute the results. Second, in the last 2 months, Boko rebuffed. Clearly, the international The two leading presidential can- Haram, infamous for kidnapping over community is concerned and engaged. didates have made a public commit- 200 schoolgirls in Chibok in 2014, has What is not so clear is the commitment ment to non-violence during the elec- stepped up its murderous scorched- of the Nigerian government to a tions. They should be commended for earth campaign, killing thousands of thoughtful strategy of engagement. their verbal assurances, and they innocent civilians, gaining control over During my meeting with President should be held responsible if they re- an increasing amount of territory in Jonathan at last year’s African Lead- nege. As Secretary Kerry said in Lagos the northeastern portion of the coun- ers’ Summit, I urged him to implement at the end of last month, ‘‘the inter- a comprehensive approach to address try, and threatening to disrupt elec- national community is paying very the Boko Haram insurgency—one that tions. close attention to this election.’’ It is in the face of these dual chal- addresses both the security threat as lenges, that I, along with Senators well as the legitimate grievances of Nigeria has the largest economy and ISAKSON, SHAHEEN, BOOZMAN and local communities. At the end of the is the most populous country in Africa. COONS, have submitted a resolution day, Nigerian officials must come to So goes, Nigeria, so goes West Africa. which calls on Nigerian leaders to step- terms with the fact that a military so- We cannot, from a strategic stand- up to the plate and show real leader- lution alone will not solve the problem. point, afford for it to fail. That is why ship in prioritizing the safety and secu- To date, the government does not ap- the international community must rity of Nigerians in the elections and pear to have formulated a comprehen- continue to urge Nigerian political doing everything possible to combat sive strategy, and as a result, the in- leaders to listen to all voices, regard- Boko Haram. surgency continues to gain momentum. less of ethnic, religious, or regional af- For over 5 years, Boko Haram has Against this backdrop of government filiation, and to safeguard the right of shocked the conscience of the world inaction and Boko Haram’s unspeak- the Nigerian people to shape their own and terrorized Nigerian citizens of all able terrorism raging in the north, destiny.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S783 SENATE RESOLUTION 66—EX- measure, motion, or matter, by three-fifths been in the Senate that Presidential PRESSING SUPPORT FOR THE of the Senators duly chosen and sworn, then nominations deserved an up-or-down, DESIGNATION OF FEBRUARY 12, the foregoing measure, motion or matter 51-majority vote. That has basically pending before the Senate, or the unfinished 2015, AS ‘‘DARWIN DAY’’ AND business, upon which the question was de- been the tradition. Even with the most RECOGNIZING THE IMPORTANCE cided in the affirmative shall be the unfin- controversial nominations, such as OF SCIENCE IN THE BETTER- ished business to the exclusion of all other that of Clarence Thomas, the Supreme MENT OF HUMANITY business until disposed of.’’. Court Justice—I believe the vote was 52 Mr. BLUMENTHAL submitted the Mr. ALEXANDER. Mr. President, I to 48—there never was a suggestion following resolution; which was re- am especially pleased to see that the that someone might use cloture to re- ferred to the Committee on Commerce, Senator from Utah is presiding this quire it to be 60 votes. Cloture didn’t Science, and Transportation: afternoon because I come to the floor apply to nominations until 1949, so it was never used between the time Jef- S. RES. 66 today to offer a resolution which is his inspiration, really, and on which I am ferson wrote the rules at the beginning Whereas Charles Darwin developed the the- of the Senate and 1949. ory of evolution by the mechanism of nat- pleased to be working with him. ural selection, which, together with the Simply put, this is a resolution to es- It was first used in 1968, but not real- monumental amount of scientific evidence tablish a majority vote on Presidential ly. President Johnson was trying to Charles Darwin compiled to support the the- nominations. This would establish by save face for Abe Fortas, his friend who ory, provides humanity with a logical and in- rule the Senate tradition of approving was a Supreme Court Justice. He had tellectually compelling explanation for the Presidential nominations by a simple nominated him for Chief Justice. A diversity of life on Earth; majority vote. The rules change we problem came out, and President John- Whereas the validity of the theory of evo- propose would establish by rule this son engineered a 45-to-43 cloture vote, lution by natural selection developed by tradition of approving Presidential which Fortas ‘‘won.’’ Charles Darwin is further strongly supported That is really the only exception in by the modern understanding of the science nominations of Cabinet Members and of genetics; judges by a simple majority vote, the whole history of the Senate until Whereas it has been the human curiosity which existed from the time Thomas 2003, when the Senate said it is going and ingenuity exemplified by Charles Darwin Jefferson wrote the rules in 1789 until to take 60 votes to confirm a Presi- that has promoted new scientific discoveries 2003, when Democrats began filibus- dential nomination for a judge rather that have helped humanity solve many prob- tering Federal Circuit Court of Appeals than the traditional 51. lems and improve living conditions; nominees. I have talked to several of my col- Whereas the advancement of science must Most importantly, it would change leagues on the other side about this be protected from those unconcerned with the rules in the right way, through a issue. They are fairly straightforward the adverse impacts of global warming and climate change; two-thirds vote, which is what the ex- about why they did it. They thought Whereas the teaching of creationism in isting rules of the Senate provide. Un- President George W. Bush’s nominees some public schools compromises the sci- fortunately, on November 21, 2013, were ‘‘too conservative.’’ entific and academic integrity of the edu- Democrats broke the Senate rules I knew some of those judges—Judge cation systems of the United States; without even attempting to get the 67 Pickering of Mississippi, for example. Whereas Charles Darwin is a worthy sym- votes required to change the rules, He put his children into a public school bol of scientific advancement on which to which caused former Senator Carl in Mississippi in the 1960s, and he was focus and around which to build a global Levin, a Democrat from Michigan, to being accused of being a segregationist celebration of science and humanity in- when he was actually leading the tended to promote a common bond among all say at the time, quoting former Sen- the people of the Earth; and ator Arthur Vandenberg of Michigan, charge in his State of Mississippi to de- Whereas February 12, 2015, is the anniver- that ‘‘if a majority of the Senate can segregate the public schools. sary of the birth of Charles Darwin in 1809 change its rules at any time, there are William Pryor of Alabama was a law and would be an appropriate date to des- no rules.’’ We are the Nation’s rule- clerk for Judge John Minor Wisdom. I ignate as ‘‘Darwin Day’’: Now, therefore, be making body. If we cannot follow our know the distinguished Senator from it own rules, how can we expect the Utah, who was a Supreme Court law Resolved, That the Senate— American people to show respect for clerk, knows of Judge Wisdom. He was (1) supports the designation of ‘‘Darwin and follow the rules we help to create? regarded by everyone as one of the fin- Day’’; and est Federal circuit judges in the coun- (2) recognizes Charles Darwin as a worthy The proposal Senator LEE and I have symbol on which to celebrate the achieve- made will be considered by the Senate try. He had the greatest respect for ments of reason, science, and the advance- Committee on Rules and Administra- William Pryor. He would have been ment of human knowledge. tion, according to the Senator from shocked to hear what was said about f Missouri, Senator BLUNT, the chairman him at the time. of the Rules Committee. It would ulti- It was a shocking thing to me to ar- SENATE RESOLUTION 67—AMEND- mately require a two-thirds vote of the rive in the Senate in 2003 and find my ING RULE XXII OF THE STAND- Senate to change the Senate rules. friends on the other side of the aisle for ING RULES OF THE SENATE TO This all has to do with the so-called the first time in Senate history saying REVISE THE NUMBER OF AF- nuclear option. it would take 60 votes to confirm Presi- FIRMATIVE VOTES REQUIRED TO If I might say an additional word dent Bush’s judges. I strongly objected END DEBATE ON NOMINATIONS about the so-called nuclear option, I to that. I even suggested that if a few Mr. ALEXANDER (for himself and came to the Senate in 2003, which was Senators on this side and a few Sen- Mr. LEE) submitted the following reso- when our Democratic friends decided ators on that side would work together, lution; which was referred to the Com- they would use cloture, which requires we could break the stalemate. A Gang mittee on Rules and Administration: 60 votes to cut off debate, as a way of of 14 was created. It did break the S. RES. 67 denying a Presidential nomination on a stalemate, but as a result, five judges Resolved, Federal circuit judge. It had never in nominated by George W. Bush were not SECTION 1. CLOTURE RULE. the history of the Senate been used be- confirmed because the other side de- The second undesignated subparagraph of fore in that way. Cloture had been used cided they didn’t like their philo- paragraph 2 of rule XXII of the Standing twice, I believe, based on my research, sophical views. So instead of a 51-vote Rules of the Senate is amended by striking to deny a sub-Cabinet member a posi- margin, they required 60, and so they ‘‘And if that question’’ and all that follows tion in the 1990s, but that was the first weren’t confirmed. through ‘‘disposed of.’’ and inserting the fol- time it had ever been used on any such This is the tally in the history of the lowing: ‘‘If the question is decided in the af- position with the exception of Abe Senate. The number of Supreme Court firmative in the case of a nomination on the nominees in the history of our country Executive Calendar by a majority of the Sen- Fortas. ators duly chosen and sworn; in the case of a It is important, given all the misin- who have ever had their nomination measure or motion to amend the Senate formation that has been spread about denied by filibuster, by a cloture vote, rules by two-thirds of the Senators present the nuclear option, to know what the is zero, with the exception of the and voting; and in the case of any other facts are. The tradition has always Fortas nomination, if you want to

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S784 CONGRESSIONAL RECORD — SENATE February 4, 2015 count that. Not a single one. Supreme first down. No one would have any re- the calendar was filled only with peo- Court nominations are among the most spect for the game if they did that, and ple the Democratic majority had ap- controversial nominations ever before no one will have any respect for the proved of. the Senate. Senate if we keep doing that, which is There was only one way for anyone The number of Cabinet members who the point Senator LEE and I would like to get off the Executive Calendar and have ever had their nominations denied to make because the tradition of the onto the floor of the Senate to be con- by a filibuster, by requiring 60 votes in Senate has always been to give to a firmed, and that was for the Demo- the history of the Senate—zero. Not President the prerogative of allowing cratic leader, the majority leader, to one. Not an Obama nominee. Not a his nominations to be confirmed by 51 move to do that. We can’t object to Clinton nominee. Not a Bush nominee. votes or a simple majority of Senators that. We have to vote on it. There is no Zero. Not one. duly chosen and sworn. We propose to motion to proceed with a nomination; Let’s go to district judges. There has change the rule to reflect the tradition he can bring it up anytime he wants to. been a lot of talk about district judges of the Senate. The charge was made that there was and how difficult it was for President Some say: Well, why don’t you do to a big backlog of people on this cal- Obama to have district judges con- them what they did to you? endar. Well, here are the facts, and firmed. There is no truth to that what- I don’t think that is a very good way anyone who doubts it can look at the soever. I was in the Senate; I know to live your life. I mean, if the Demo- Executive Calendar for November 21, that. I will give an example. There was crats did the wrong thing, if they 2013, and they will see what the back- an effort to deny a seat to a judge from brought the Senate to its knees, if they log was. There were 78 regular order the State of Rhode Island by 60 votes, made the Senate into a place that nominations on November 21, 2013. a judge whom I didn’t support, but I doesn’t follow its own rules, then we Fifty-four of those nominees had been and a group of other Republicans made should do that to them? No. I think on the calendar less than 3 weeks. Six- sure we did not use cloture to deny a what we should do is replace bad be- teen had been on the calendar between seat to a President’s district judge havior with good behavior, and good 3 and 9 weeks. Eight had been on the nominee for the first time in history, behavior means we adopt changes to calendar for more than 9 weeks. and so we did not. the rules in the way the rules require, There was an informal agreement be- So the number of Federal district which is, in effect, 67 votes or two- tween the floor staffs that 40 of the judges in the history of the United thirds of the Senators present and vot- uncontroversial nominees on this cal- States who have ever had their nomi- ing. endar—40 of the 78—could be confirmed nation denied by a filibuster, by the 60- So we will be offering our resolution, before the Senate left at the end of the vote cloture rule, is zero. as we do today. We will be offering it in week. So Supreme Court Justices, except the Senate Rules Committee. We hope Let me use a specific example—dis- for Fortas, Cabinet members, district the Senate Rules Committee will ap- trict judges. We hear a lot about dis- judges—zero. Filibusters have not been prove it and report it to the floor. We trict judges. We had changed the rules widely used in the history of this Sen- hope Senator MCCONNELL will find at the request of the majority leader to ate to deny a President his nomina- time on the floor to bring it up. We make it easier to confirm district tion. However, there are other prob- hope that 67 of our colleagues will judges. We basically said that there lems that nominations have. agree with it. We will show the country could only be 2 hours of debate on a I was nominated once. I came to be that we know how to follow our own district judge and the majority could nominated to be the Secretary of the rules and that we know how to take give back 1 of those hours. Department of Education. A Senator the tradition of the Senate, which has On the date the Democrats said there from Ohio, Senator Metzenbaum, put a been there since Thomas Jefferson was a big backlog, there were 13 dis- so-called secret hold on my nomination wrote the rules, with very few excep- trict judges on the calendar. Those and held me up for 3 months, but then tions, to make sure that Presidential were the only ones who could have when I came to the floor, I was con- nominees are entitled to an up-or-down been brought up by the majority lead- firmed. We have abolished those kinds vote by a majority of the Senate. That er. One had been waiting for more than of secret holds. We have made changes has been the rule, that has been the 9 weeks. Four had been waiting for be- in the rules to make it easier for the tradition, and that should be the rule, tween 3 and 9 weeks. Eight had been President’s nominees to be confirmed. and the rules should be changed in the waiting for less than 3 weeks. But the There have been seven sub-Cabinet way that rules are supposed to be important point is that we could have members, including John Bolton— changed. confirmed them all over the weekend. three Republicans and four Demo- There is one other issue I wish to All the majority leader had to do was crats—who have had their nominations mention without going into any length to move the nomination of each of the rejected because of a cloture vote, all about it. What happened in the Senate 13, wait an intervening day, and then if since 1994. So no Cabinet members, no on November 21, 2013, was the lowest they did that on Thursday, the inter- Supreme Court Justices, no district point in the Senate that I have seen. vening day would be Friday, and then judges, seven sub-Cabinet members. The majority decided that because it we would come back on Monday and we What is the score on circuit judges? didn’t have the votes to put three would have 1 hour of debate for each of This is what brought up the fuss in 2003 judges—liberal judges—on the DC those nominations. So there was no ex- when the Democrats filibustered 10 Court of Appeals, it would break the cuse. There was no backlog. nominations because they were too rules to change the rules, and it just The Washington Post and the Con- conservative. As I mentioned earlier, put them there anyway. It pretended gressional Research Service said that five were confirmed and five were re- that the reason it did that was because President Obama’s nominees were mov- jected as part of the compromise. Since President Obama couldn’t get his ing through the Senate at about the that time, Republicans have rejected nominees confirmed. same speed that President Clinton and two Democrats. So the score is the Well, on every Senator’s desk is an President George W. Bush’s nominees Democrats have rejected five Federal Executive Calendar. Everyone who can had been at that time in their terms. Circuit judges and Republicans re- be confirmed has been reported by a That is what the Congressional Re- jected two. Republicans actually re- committee to the floor and is listed on search Service and the Washington jected three others, but that led to the the Executive Calendar. There is only Post said. events of November 21, 2013, when the one way to get on this calendar—there The calendar speaks the truth about Democrats broke the rules to change was only one way on November 21, 2013, the absence of a backlog. And I was in- the rules. and that was for a Democratic major- volved three times in working to It would be as if in a Super Bowl or ity in a committee to report a nominee change the rules to make it easier to in a playoff game, let’s say, Seattle to the floor of the Senate. That was the do Presidential nominations. It was gained 9 yards and they needed 10, so only way you could get there. Repub- nothing more than a power grab. So they changed the rules because they licans couldn’t do it; only the Demo- our friends should just admit that and were the home team and said that is a crats could. So on November 21, 2013 admit that it was the wrong thing to

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S785 do for the Senate. A lot of Senators When our colleagues on other side of SENATE RESOLUTION 68—EX- weren’t here then. the aisle voted in November 2013, ap- PRESSING THE SENSE OF THE The resolution Senator LEE and I pealing the ruling of the Chair, they re- SENATE REGARDING THE JANU- have proposed gives the Senate a versed the precedent. They acted con- ARY 24, 2015, ATTACKS CARRIED chance to abandon bad behavior and trary to the language of the rule itself. OUT BY RUSSIAN-BACKED begin to adopt good behavior, to take a This creates a certain amount of uncer- REBELS ON THE CIVILIAN POPU- tradition of the Senate that has been tainty, and that uncertainty I think LATION IN MARIUPOL, UKRAINE, followed almost without exception needs to be resolved. We don’t want to AND THE PROVISION OF LETHAL since 1789 and make it the order of the operate in an environment in which we AND NON-LETHAL MILITARY AS- day and to do it the way the Senate have the rule saying one thing and the SISTANCE TO UKRAINE rules say it should be done—with 67 Senate precedent saying another thing. Mr. JOHNSON (for himself and Mrs. votes. So it was out of a certain amount of SHAHEEN) submitted the following reso- In closing, let me simply say that I practical necessity that we looked to lution; which was referred to the Com- appreciate the fact that I am able to this as an alternative. In order to bring mittee on Foreign Relations: work on this with Senator LEE. This Senate practice back into harmony S. RES. 68 legislation developed really from a con- with the rules of the Senate, the best versation and a suggestion he made to Whereas Russian-backed rebels continue to way we could come up with to do that expand their campaign in Ukraine, which has me on the floor of this Senate. I would be to change the language of the already claimed more than 5,000 lives and thought about it, and I said: I think rule. generated an estimated 1,500,000 refugees and you may be right about that. We Of course to change the language of internally displaced persons; worked together, and because of his Whereas, on January 23, 2015, Russian the rule it takes 67 votes. While we are background in the law and his experi- rebels pulled out of peace talks with Western ence in the Supreme Court, his leader- not certain what is going to happen, leaders; ship on this issue has been invaluable. this is perhaps the only thing we could Whereas, on January 24, 2015, the Ukrain- I thank the Senator for his sugges- think of that could possibly get 67 ian port city of Mariupol received rocket fire tions, I thank him for his leadership, votes—67 Senators saying yes, we can from territory in the Donetsk region con- and I look forward to working with do that. trolled by rebels; Whereas, on January 24, 2015, Alexander him when it comes before the Senate So it is very important that we have rules that are clear—rules that will Zakharchenko, leader of the Russian-backed Rules Committee. I hope we can per- rebel Donetsk People’s Republic, publicly suade our fellow Senators in a bipar- apply regardless of who is in the White announced that his troops had launched an tisan way that a good way to begin this House, regardless of which party hap- offensive against Mariupol; year would be to begin to change the pens to control the majority of the Whereas Mariupol is strategically located rules the right way and to reject the seats in this body. If, after all, we are on the Sea of Azov and is a sea link between bad behavior and bad habits of the last making the rules that would govern Russian-occupied Crimea and Russia, and session of Congress. the country, if, after all, we are being could be used to form part of a land bridge I yield the floor. asked to confirm Presidential nomi- between Crimea and Russia; Mr. LEE. Mr. President, I wish to nees to high positions, we need to be Whereas the indiscriminate attack on Mariupol killed 30 people, including 2 chil- speak briefly in support of this resolu- following our own rules. dren, and wounded 102 in markets, homes, tion. First of all, I wish to thank my We have to remember also that one and schools; distinguished colleague, the senior of the things we have prided ourselves Whereas any group that fires rockets Senator from Tennessee, for his leader- on, one of the things that has distin- knowingly into a civilian population is com- ship in introducing this legislation. guished the Senate from other legisla- mitting war crimes and is in violation of The Senator from Tennessee has shown tive bodies—we call ourselves the international humanitarian law; great leadership on this issue. With his world’s greatest deliberative legisla- Whereas, even after the Russian Federa- tion and the Russian-backed rebels signed a mastery of the Senate rules, his famili- tive body—is because from the very be- arity with the procedures of the Sen- ceasefire agreement called the Minsk Pro- ginning this has been the kind of place tocol in September 2014, NATO’s Supreme ate, the Senate’s history, and his love where in theory we will continue to de- Allied Commander, General Philip for the Senate as an institution, the bate things as long as basically any Breedlove, reported in November 2014 the sponsor of this measure understands one Member wants to continue to de- movement of ‘‘Russian troops, Russian artil- and appreciates the importance of bate. Cloture is an exception to that. lery, Russian air defense systems, and Rus- maintaining order in the Senate. It is Cloture allows for three-fifths of the sian combat troops’’ into Ukraine; to this issue I would like to speak Senators present to decide it is time to Whereas, on January 24, 2015, NATO Sec- retary General Jens Stoltenberg stated, ‘‘For briefly. bring the debate to an end, even if a When the Senate made this change in several months we have seen the presence of minority of Senators want to continue. Russian forces in eastern Ukraine, as well as November of 2013, what happened was But it requires a supermajority. all of a sudden we had a split—a split a substantial increase in Russian heavy There are many reasons to do this, equipment such as tanks, artillery, and ad- that occurred between on the one hand but one of the reasons I think is impor- vanced air defense systems. Russian troops the wording of the rule itself that gov- tant to point out is because it protects in eastern Ukraine are supporting offensive erns cloture, on the other hand the the right of each Senator to continue operations with command and control sys- precedent by which the Senate pur- tems, air defense systems with advanced sur- to offer improvements, to point out ports to be governed. So separate and face-to-air missiles, unmanned aerial sys- apart from what the history tells us— flaws and offer potential improvements tems, advanced multiple rocket launcher from how often the Senate either has to legislation—the amendment process. systems, and electronic warfare systems.’’; or hasn’t used cloture on the Executive The amendment process is itself of Whereas, on January 25, 2015, after Rus- Calendar—there is this separate dis- course different in the context of legis- sian-backed rebels attacked Mariupol, Euro- lation than it is in the context of a pean Council President Donald Tusk wrote, tinction that has now arisen. ‘‘Once again appeasement encourages the ag- The cloture rule says it takes three- Presidential nominee. I am personally not aware of any gressor to greater acts of violence; time to fifths—a vote of three-fifths of the Sen- step up our policy based on cold facts, not il- ators—to bring end to debate on a par- means by which one can amend a nomi- lusions.’’; ticular matter. The rule itself makes nee. I am not aware of any process by Whereas, on November 19, 2014, at a Com- no distinction between the Executive which one can confirm a Presidential mittee on Foreign Relations of the Senate Calendar and the legislative calendar. nominee’s right hand but not his left. confirmation hearing, Deputy National Secu- It makes no distinction between ordi- I support this change. I think this rity Adviser Anthony Blinken stated that nary legislative business where we are change is important for this body and the provision of defensive lethal assistance for the continuity of the Senate rules to the Government of Ukraine ‘‘remains on legislating and making law on the one the table. It’s something we’re looking at.’’; hand and on the other we are meeting and I am grateful to the senior Senator Whereas the Ukraine Freedom Support Act to decide whether to confirm a Presi- from Tennessee for his efforts in this (Public Law 113-272), which was passed by dential nominee. The rule doesn’t dis- regard, which I wholeheartedly sup- Congress unanimously and signed into law tinguish, but the precedent now does. port. by the President on December 18, 2014, states

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that it is the policy of the United States to curity, as authorized by law, $132,573,000: Pro- ANALYSIS AND OPERATIONS further assist the Government of Ukraine in vided, That not to exceed $45,000 shall be for For necessary expenses for intelligence restoring its sovereignty and its territorial official reception and representation ex- analysis and operations coordination activi- integrity to deter the Government of the penses: Provided further, That all official ties, as authorized by title II of the Home- Russian Federation from further desta- costs associated with the use of government land Security Act of 2002 (6 U.S.C. 121 et bilizing and invading Ukraine and other aircraft by Department of Homeland Secu- seq.), $255,804,000; of which not to exceed independent countries in Central and East- rity personnel to support official travel of $3,825 shall be for official reception and rep- ern Europe, the Caucasus, and Central Asia; the Secretary and the Deputy Secretary resentation expenses; and of which and shall be paid from amounts made available $102,479,000 shall remain available until Sep- Whereas the Ukraine Freedom Support Act for the Immediate Office of the Secretary tember 30, 2016. authorizes $350,000,000 in fiscal years 2015– and the Immediate Office of the Deputy Sec- OFFICE OF INSPECTOR GENERAL retary: Provided further, That not later than 2017 for the President to provide the Govern- For necessary expenses of the Office of In- 30 days after the date of enactment of this ment of Ukraine with defense articles, de- spector General in carrying out the provi- Act, the Secretary of Homeland Security fense services, and military training for the sions of the Inspector General Act of 1978 (5 shall submit to the Committees on Appro- purpose of countering offensive weapons and U.S.C. App.), $118,617,000; of which not to ex- priations of the Senate and the House of reestablishing the sovereignty and terri- ceed $300,000 may be used for certain con- Representatives, the Committees on the Ju- torial integrity of Ukraine, including anti- fidential operational expenses, including the diciary of the House of Representatives and tank and anti-armor weapons; crew weapons payment of informants, to be expended at the Senate, the Committee on Homeland Se- and ammunition; counter-artillery radars; the direction of the Inspector General. curity of the House of Representatives, and fire control and guidance equipment; surveil- TITLE II lance drones; and secure command and com- the Committee on Homeland Security and munications equipment: Now, therefore, be Governmental Affairs of the Senate, a com- SECURITY, ENFORCEMENT, AND it prehensive plan for implementation of the INVESTIGATIONS Resolved, That the Senate— biometric entry and exit data system re- UNITED STATES CUSTOMS AND BORDER (1) condemns the attack on Mariupol by quired under section 7208 of the Intelligence PROTECTION Russian-backed rebels; Reform and Terrorism Prevention Act of 2004 SALARIES AND EXPENSES (2) urges the President to provide lethal (8 U.S.C. 1365b), including the estimated For necessary expenses for enforcement of and non-lethal military assistance to costs for implementation. laws relating to border security, immigra- Ukraine as unanimously supported by Con- OFFICE OF THE UNDER SECRETARY FOR tion, customs, agricultural inspections and gress in the Ukraine Freedom Support Act of MANAGEMENT regulatory activities related to plant and 2014 (Public Law 113-272); For necessary expenses of the Office of the animal imports, and transportation of unac- (3) calls on the United States, its European Under Secretary for Management, as author- companied minor aliens; purchase and lease allies, and the international community to ized by sections 701 through 705 of the Home- of up to 7,500 (6,500 for replacement only) po- continue to apply economic and other forms land Security Act of 2002 (6 U.S.C. 341 lice-type vehicles; and contracting with indi- of pressure on the Russian Federation, espe- through 345), $187,503,000, of which not to ex- viduals for personal services abroad; cially in the form of sanctions, if the Gov- ceed $2,250 shall be for official reception and $8,459,657,000; of which $3,274,000 shall be de- ernment of the Russian Federation continues representation expenses: Provided, That of rived from the Harbor Maintenance Trust to refuse to cease its aggression in Ukraine; the total amount made available under this Fund for administrative expenses related to (4) calls on the Government of the Russian heading, $4,493,000 shall remain available the collection of the Harbor Maintenance Federation to immediately end its support until September 30, 2016, solely for the alter- Fee pursuant to section 9505(c)(3) of the In- for the rebels in eastern Ukraine, allow ation and improvement of facilities, tenant ternal Revenue Code of 1986 (26 U.S.C. Ukraine to regain control of its internation- improvements, and relocation costs to con- 9505(c)(3)) and notwithstanding section ally-recognized borders, and withdraw its solidate Department headquarters oper- 1511(e)(1) of the Homeland Security Act of military presence in eastern Ukraine; and ations at the Nebraska Avenue Complex; and 2002 (6 U.S.C. 551(e)(1)); of which $30,000,000 (5) expresses solidarity with the people of $6,000,000 shall remain available until Sep- shall be available until September 30, 2016, Ukraine regarding the humanitarian crisis in tember 30, 2016, for the Human Resources In- solely for the purpose of hiring, training, and their country and the destruction caused by formation Technology program: Provided fur- equipping United States Customs and Border the military, financial, and ideological sup- ther, That the Under Secretary for Manage- Protection officers at ports of entry; of port of the Government of the Russian Fed- ment shall include in the President’s budget which not to exceed $34,425 shall be for offi- eration for the rebels in eastern Ukraine. proposal for fiscal year 2016, submitted pur- cial reception and representation expenses; suant to section 1105(a) of title 31, United of which such sums as become available in f States Code, a Comprehensive Acquisition the Customs User Fee Account, except sums AMENDMENTS SUBMITTED AND Status Report, which shall include the infor- subject to section 13031(f)(3) of the Consoli- PROPOSED mation required under the heading ‘‘Office of dated Omnibus Budget Reconciliation Act of the Under Secretary for Management’’ under 1985 (19 U.S.C. 58c(f)(3)), shall be derived from SA 249. Ms. COLLINS submitted an amend- title I of division D of the Consolidated Ap- that account; of which not to exceed $150,000 ment intended to be proposed by her to the propriations Act, 2012 (Public Law 112–74), shall be available for payment for rental bill H.R. 240, making appropriations for the and shall submit quarterly updates to such space in connection with preclearance oper- Department of Homeland Security for the report not later than 45 days after the com- ations; and of which not to exceed $1,000,000 fiscal year ending September 30, 2015, and for pletion of each quarter. shall be for awards of compensation to in- other purposes; which was ordered to lie on OFFICE OF THE CHIEF FINANCIAL OFFICER formants, to be accounted for solely under the table. For necessary expenses of the Office of the the certificate of the Secretary of Homeland f Chief Financial Officer, as authorized by sec- Security: Provided, That for fiscal year 2015, tion 103 of the Homeland Security Act of 2002 the overtime limitation prescribed in section TEXT OF AMENDMENTS (6 U.S.C. 113), $52,020,000: Provided, That the 5(c)(1) of the Act of February 13, 1911 (19 SA 249. Ms. COLLINS submitted an Secretary of Homeland Security shall sub- U.S.C. 267(c)(1)) shall be $35,000; and notwith- amendment intended to be proposed by mit to the Committees on Appropriations of standing any other provision of law, none of her to the bill H.R. 240, making appro- the Senate and the House of Representatives, the funds appropriated by this Act shall be at the time the President’s budget proposal available to compensate any employee of priations for the Department of Home- for fiscal year 2016 is submitted pursuant to United States Customs and Border Protec- land Security for the fiscal year ending section 1105(a) of title 31, United States tion for overtime, from whatever source, in September 30, 2015, and for other pur- Code, the Future Years Homeland Security an amount that exceeds such limitation, ex- poses; which was ordered to lie on the Program, as authorized by section 874 of cept in individual cases determined by the table; as follows: Public Law 107–296 (6 U.S.C. 454). Secretary of Homeland Security, or the des- Strike all after the enacting clause and in- OFFICE OF THE CHIEF INFORMATION OFFICER ignee of the Secretary, to be necessary for sert the following: For necessary expenses of the Office of the national security purposes, to prevent exces- sive costs, or in cases of immigration emer- TITLE I Chief Information Officer, as authorized by section 103 of the Homeland Security Act of gencies: Provided further, That the Border DEPARTMENTAL MANAGEMENT AND 2002 (6 U.S.C. 113), and Department-wide Patrol shall maintain an active duty pres- OPERATIONS technology investments, $288,122,000; of ence of not less than 21,370 full-time equiva- OFFICE OF THE SECRETARY AND EXECUTIVE which $99,028,000 shall be available for sala- lent agents protecting the borders of the MANAGEMENT ries and expenses; and of which $189,094,000, United States in the fiscal year. For necessary expenses of the Office of the to remain available until September 30, 2016, AUTOMATION MODERNIZATION Secretary of Homeland Security, as author- shall be available for development and acqui- For necessary expenses for United States ized by section 102 of the Homeland Security sition of information technology equipment, Customs and Border Protection for operation Act of 2002 (6 U.S.C. 112), and executive man- software, services, and related activities for and improvement of automated systems, in- agement of the Department of Homeland Se- the Department of Homeland Security. cluding salaries and expenses, $808,169,000; of

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S787 which $446,075,000 shall remain available accounted for solely under the certificate of itation as to time and condition of section until September 30, 2017; and of which not the Secretary of Homeland Security; of 503(d) of this Act, the Secretary may propose less than $140,970,000 shall be for the develop- which not less than $305,000 shall be for pro- to reprogram and transfer funds within and ment of the Automated Commercial Envi- motion of public awareness of the child por- into this appropriation necessary to ensure ronment. nography tipline and activities to counter the detention of aliens prioritized for re- BORDER SECURITY FENCING, INFRASTRUCTURE, child exploitation; of which not less than moval. AND TECHNOLOGY $5,400,000 shall be used to facilitate agree- AUTOMATION MODERNIZATION ments consistent with section 287(g) of the For expenses of immigration and customs For expenses for border security fencing, Immigration and Nationality Act (8 U.S.C. infrastructure, and technology, $382,466,000, enforcement automated systems, $26,000,000, 1357(g)); of which not to exceed $40,000,000, to to remain available until September 30, 2017. to remain available until September 30, 2017. remain available until September 30, 2017, is TRANSPORTATION SECURITY ADMINISTRATION AIR AND MARINE OPERATIONS for maintenance, construction, and lease AVIATION SECURITY For necessary expenses for the operations, hold improvements at owned and leased fa- maintenance, and procurement of marine cilities; and of which not to exceed $11,216,000 For necessary expenses of the Transpor- vessels, aircraft, unmanned aircraft systems, shall be available to fund or reimburse other tation Security Administration related to the Air and Marine Operations Center, and Federal agencies for the costs associated providing civil aviation security services other related equipment of the air and ma- with the care, maintenance, and repatriation pursuant to the Aviation and Transportation rine program, including salaries and ex- of smuggled aliens unlawfully present in the Security Act (Public Law 107–71; 115 Stat. penses, operational training, and mission-re- United States: Provided, That none of the 597; 49 U.S.C. 40101 note), $5,639,095,000, to re- lated travel, the operations of which include funds made available under this heading main available until September 30, 2016; of the following: the interdiction of narcotics shall be available to compensate any em- which not to exceed $7,650 shall be for official reception and representation expenses: and other goods; the provision of support to ployee for overtime in an annual amount in Pro- vided, That any award to deploy explosives Federal, State, and local agencies in the en- excess of $35,000, except that the Secretary of detection systems shall be based on risk, the forcement or administration of laws enforced Homeland Security, or the designee of the airport’s current reliance on other screening by the Department of Homeland Security; Secretary, may waive that amount as nec- solutions, lobby congestion resulting in in- and, at the discretion of the Secretary of essary for national security purposes and in creased security concerns, high injury rates, Homeland Security, the provision of assist- cases of immigration emergencies: Provided airport readiness, and increased cost effec- ance to Federal, State, and local agencies in further, That of the total amount provided, tiveness: Provided further, That security serv- other law enforcement and emergency hu- $15,770,000 shall be for activities to enforce ice fees authorized under section 44940 of manitarian efforts; $750,469,000; of which laws against forced child labor, of which not to exceed $6,000,000 shall remain available title 49, United States Code, shall be credited $299,800,000 shall be available for salaries and to this appropriation as offsetting collec- expenses; and of which $450,669,000 shall re- until expended: Provided further, That of the total amount available, not less than tions and shall be available only for aviation main available until September 30, 2017: Pro- security: Provided further, That the sum ap- vided, That no aircraft or other related $1,600,000,000 shall be available to identify aliens convicted of a crime who may be de- propriated under this heading from the gen- equipment, with the exception of aircraft eral fund shall be reduced on a dollar-for-dol- that are one of a kind and have been identi- portable, and to remove them from the United States once they are judged deport- lar basis as such offsetting collections are re- fied as excess to United States Customs and able: Provided further, That the Secretary of ceived during fiscal year 2015 so as to result Border Protection requirements and aircraft Homeland Security shall prioritize the iden- in a final fiscal year appropriation from the that have been damaged beyond repair, shall tification and removal of aliens convicted of general fund estimated at not more than be transferred to any other Federal agency, a crime by the severity of that crime: Pro- $3,574,095,000: Provided further, That the fees department, or office outside of the Depart- vided further, That funding made available deposited under this heading in fiscal year ment of Homeland Security during fiscal under this heading shall maintain a level of 2013 and sequestered pursuant to section 251A year 2015 without prior notice to the Com- not less than 34,000 detention beds through of the Balanced Budget and Emergency Def- mittees on Appropriations of the Senate and September 30, 2015: Provided further, That of icit Control Act of 1985 (2 U.S.C. 901a), that the House of Representatives: Provided fur- the total amount provided, not less than are currently unavailable for obligation, are ther, That funding made available under this $3,431,444,000 is for detention, enforcement, hereby permanently cancelled: Provided fur- heading shall be available for customs ex- and removal operations, including transpor- ther, That notwithstanding section 44923 of penses when necessary to maintain or to tation of unaccompanied minor aliens: Pro- title 49, United States Code, for fiscal year temporarily increase operations in Puerto vided further, That of the amount provided 2015, any funds in the Aviation Security Cap- Rico: Provided further, That the Secretary of for Custody Operations in the previous pro- ital Fund established by section 44923(h) of Homeland Security shall report to the Com- viso, $45,000,000 shall remain available until title 49, United States Code, may be used for mittees on Appropriations of the Senate and September 30, 2019: Provided further, That of the procurement and installation of explo- the House of Representatives, not later than the total amount provided for the Visa Secu- sives detection systems or for the issuance of 90 days after the date of enactment of this rity Program and international investiga- other transaction agreements for the pur- Act, on any changes to the 5-year strategic tions, $43,000,000 shall remain available until pose of funding projects described in section plan for the air and marine program required September 30, 2016: Provided further, That not 44923(a) of such title: Provided further, That under the heading ‘‘Air and Marine Interdic- less than $15,000,000 shall be available for in- notwithstanding any other provision of law, tion, Operations, and Maintenance’’ in Pub- vestigation of intellectual property rights mobile explosives detection equipment pur- lic Law 112–74. violations, including operation of the Na- chased and deployed using funds made avail- CONSTRUCTION AND FACILITIES MANAGEMENT tional Intellectual Property Rights Coordi- able under this heading may be moved and For necessary expenses to plan, acquire, nation Center: Provided further, That none of redeployed to meet evolving passenger and construct, renovate, equip, furnish, operate, the funds provided under this heading may baggage screening security priorities at air- manage, and maintain buildings, facilities, be used to continue a delegation of law en- ports: Provided further, That none of the and related infrastructure necessary for the forcement authority authorized under sec- funds made available in this Act may be used administration and enforcement of the laws tion 287(g) of the Immigration and Nation- for any recruiting or hiring of personnel into relating to customs, immigration, and bor- ality Act (8 U.S.C. 1357(g)) if the Department the Transportation Security Administration der security, $288,821,000, to remain available of Homeland Security Inspector General de- that would cause the agency to exceed a until September 30, 2019. termines that the terms of the agreement staffing level of 45,000 full-time equivalent governing the delegation of authority have screeners: Provided further, That the pre- UNITED STATES IMMIGRATION AND CUSTOMS been materially violated: Provided further, ceding proviso shall not apply to personnel ENFORCEMENT That none of the funds provided under this hired as part-time employees: Provided fur- SALARIES AND EXPENSES heading may be used to continue any con- ther, That not later than 90 days after the For necessary expenses for enforcement of tract for the provision of detention services date of enactment of this Act, the Adminis- immigration and customs laws, detention if the two most recent overall performance trator of the Transportation Security Ad- and removals, and investigations, including evaluations received by the contracted facil- ministration shall submit to the Committees intellectual property rights and overseas ity are less than ‘‘adequate’’ or the equiva- on Appropriations of the Senate and the vetted units operations; and purchase and lent median score in any subsequent per- House of Representatives a detailed report lease of up to 3,790 (2,350 for replacement formance evaluation system: Provided fur- on— only) police-type vehicles; $5,932,756,000; of ther, That nothing under this heading shall (1) the Department of Homeland Security which not to exceed $10,000,000 shall be avail- prevent United States Immigration and Cus- efforts and resources being devoted to de- able until expended for conducting special toms Enforcement from exercising those au- velop more advanced integrated passenger operations under section 3131 of the Customs thorities provided under immigration laws screening technologies for the most effective Enforcement Act of 1986 (19 U.S.C. 2081); of (as defined in section 101(a)(17) of the Immi- security of passengers and baggage at the which not to exceed $11,475 shall be for offi- gration and Nationality Act (8 U.S.C. lowest possible operating and acquisition cial reception and representation expenses; 1101(a)(17))) during priority operations per- costs, including projected funding levels for of which not to exceed $2,000,000 shall be for taining to aliens convicted of a crime: Pro- each fiscal year for the next 5 years or until awards of compensation to informants, to be vided further, That without regard to the lim- project completion, whichever is earlier;

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S788 CONGRESSIONAL RECORD — SENATE February 4, 2015 (2) how the Transportation Security Ad- Act (Public Law 107–71; 115 Stat. 597; 49 Guard, Acquisition, Construction, and Im- ministration is deploying its existing pas- U.S.C. 40101 note), $917,226,000, to remain provements’’ of this Act, is submitted to the senger and baggage screener workforce in available until September 30, 2016: Provided, Committees on Appropriations of the Senate the most cost effective manner; and That not later than 90 days after the date of and the House of Representatives: Provided (3) labor savings from the deployment of enactment of this Act, the Administrator of further, That funds made available under this improved technologies for passenger and the Transportation Security Administration heading for Overseas Contingency Oper- baggage screening and how those savings are shall submit to the Committees on Appro- ations/Global War on Terrorism may be allo- being used to offset security costs or rein- priations of the Senate and the House of cated by program, project, and activity, not- vested to address security vulnerabilities: Representatives— withstanding section 503 of this Act: Provided Provided further, That not later than April 15, (1) a report providing evidence dem- further, That, without regard to the limita- 2015, the Administrator of the Transpor- onstrating that behavioral indicators can be tion as to time and condition of section tation Security Administration shall submit used to identify passengers who may pose a 503(d) of this Act, after June 30, up to to the Committees on Appropriations of the threat to aviation security and the plans $10,000,000 may be reprogrammed to or from Senate and the House of Representatives, a that will be put into place to collect addi- Military Pay and Allowances in accordance semiannual report updating information on a tional performance data; and with subsections (a), (b), and (c) of section strategy to increase the number of air pas- (2) a report addressing each of the rec- 503. sengers eligible for expedited screening, in- ommendations outlined in the report enti- ENVIRONMENTAL COMPLIANCE AND cluding: tled ‘‘TSA Needs Additional Information Be- RESTORATION fore Procuring Next-Generation Systems’’, (1) specific benchmarks and performance For necessary expenses to carry out the published by the Government Accountability measures to increase participation in Pre- environmental compliance and restoration Office on March 31, 2014, and describing the Check by air carriers, airports, and pas- functions of the Coast Guard under chapter steps the Transportation Security Adminis- sengers; 19 of title 14, United States Code, $13,197,000, tration is taking to implement acquisition (2) options to facilitate direct application to remain available until September 30, 2019. for enrollment in Pre-Check through the best practices, increase industry engage- RESERVE TRAINING Transportation Security Administration’s ment, and improve transparency with regard Web site, airports, and other enrollment lo- to technology acquisition programs: For necessary expenses of the Coast Guard cations; Provided further, That of the funds provided Reserve, as authorized by law; operations (3) use of third parties to pre-screen pas- under this heading, $25,000,000 shall be with- and maintenance of the Coast Guard reserve sengers for expedited screening; held from obligation for Headquarters Ad- program; personnel and training costs; and (4) inclusion of populations already vetted ministration until the submission of the re- equipment and services; $114,572,000. by the Transportation Security Administra- ports required by paragraphs (1) and (2) of ACQUISITION, CONSTRUCTION, AND tion and other trusted populations as eligible the preceding proviso. IMPROVEMENTS for expedited screening; COAST GUARD For necessary expenses of acquisition, con- (5) resource implications of expedited pas- OPERATING EXPENSES struction, renovation, and improvement of senger screening resulting from the use of For necessary expenses for the operation aids to navigation, shore facilities, vessels, risk-based security methods; and and maintenance of the Coast Guard, not and aircraft, including equipment related (6) the total number and percentage of pas- otherwise provided for; purchase or lease of thereto; and maintenance, rehabilitation, sengers using Pre-Check lanes who: not to exceed 25 passenger motor vehicles, lease, and operation of facilities and equip- (A) have enrolled in Pre-Check since which shall be for replacement only; pur- ment; as authorized by law; $1,225,223,000; of Transportation Security Administration en- chase or lease of small boats for contingent which $20,000,000 shall be derived from the rollment centers were established; and emergent requirements (at a unit cost of Oil Spill Liability Trust Fund to carry out (B) enrolled using the Transportation Se- no more than $700,000) and repairs and serv- the purposes of section 1012(a)(5) of the Oil curity Administration’s Pre-Check applica- ice-life replacements, not to exceed a total of Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); tion Web site; $31,000,000; purchase or lease of boats nec- and of which the following amounts shall be (C) were enrolled as frequent flyers of a essary for overseas deployments and activi- available until September 30, 2019 (except as participating airline; ties; minor shore construction projects not subsequently specified): $6,000,000 for mili- (D) utilized Pre-Check as a result of their exceeding $1,000,000 in total cost on any loca- tary family housing; $824,347,000 to acquire, enrollment in a Trusted Traveler program of tion; payments pursuant to section 156 of effect major repairs to, renovate, or improve United States Customs and Border Protec- Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. vessels, small boats, and related equipment; tion; 1920); and recreation and welfare; $180,000,000 to acquire, effect major repairs (E) were selectively identified to partici- $7,043,318,000, of which $553,000,000 shall be for to, renovate, or improve aircraft or increase pate in expedited screening through the use defense-related activities, of which aviation capability; $59,300,000 for other ac- of Managed Inclusion in fiscal year 2014; and $213,000,000 is designated by the Congress for quisition programs; $40,580,000 for shore fa- (F) are enrolled in all other Pre-Check cat- Overseas Contingency Operations/Global War cilities and aids to navigation, including fa- egories: on Terrorism pursuant to section 251(b)(2)(A) cilities at Department of Defense installa- Provided further, That Members of the United of the Balanced Budget and Emergency Def- tions used by the Coast Guard; and States House of Representatives and United icit Control Act of 1985 and shall be available $114,996,000, to remain available until Sep- States Senate, including the leadership; the only if the President subsequently so des- tember 30, 2015, for personnel compensation heads of Federal agencies and commissions, ignates all such amounts and transmits such and benefits and related costs: Provided, That including the Secretary, Deputy Secretary, designations to the Congress; of which the funds provided by this Act shall be im- Under Secretaries, and Assistant Secretaries $24,500,000 shall be derived from the Oil Spill mediately available and allotted to contract of the Department of Homeland Security; Liability Trust Fund to carry out the pur- for the production of the eighth National Se- the United States Attorney General, Deputy poses of section 1012(a)(5) of the Oil Pollution curity Cutter notwithstanding the avail- Attorney General, Assistant Attorneys Gen- Act of 1990 (33 U.S.C. 2712(a)(5)); and of which ability of funds for post-production costs: eral, and the United States Attorneys; and not to exceed $15,300 shall be for official re- Provided further, That the Commandant of senior members of the Executive Office of ception and representation expenses: Pro- the Coast Guard shall submit to the Commit- the President, including the Director of the vided, That none of the funds made available tees on Appropriations of the Senate and the Office of Management and Budget, shall not by this Act shall be for expenses incurred for House of Representatives, the Committee on be exempt from Federal passenger and bag- recreational vessels under section 12114 of Commerce, Science, and Transportation of gage screening. title 46, United States Code, except to the ex- the Senate, and the Committee on Transpor- SURFACE TRANSPORTATION SECURITY tent fees are collected from owners of yachts tation and Infrastructure of the House of For necessary expenses of the Transpor- and credited to this appropriation: Provided Representatives, at the time the President’s tation Security Administration related to further, That to the extent fees are insuffi- budget proposal for fiscal year 2016 is sub- surface transportation security activities, cient to pay expenses of recreational vessel mitted pursuant to section 1105(a) of title 31, $123,749,000, to remain available until Sep- documentation under such section 12114, and United States Code, a future-years capital tember 30, 2016. there is a backlog of recreational vessel ap- investment plan for the Coast Guard that plications, then personnel performing non- identifies for each requested capital asset— INTELLIGENCE AND VETTING recreational vessel documentation functions (1) the proposed appropriations included in For necessary expenses for the develop- under subchapter II of chapter 121 of title 46, that budget; ment and implementation of intelligence and United States Code, may perform docu- (2) the total estimated cost of completion, vetting activities, $219,166,000, to remain mentation under section 12114: Provided fur- including and clearly delineating the costs of available until September 30, 2016. ther, That of the funds provided under this associated major acquisition systems infra- TRANSPORTATION SECURITY SUPPORT heading, $85,000,000 shall be withheld from structure and transition to operations; For necessary expenses of the Transpor- obligation for Coast Guard Headquarters Di- (3) projected funding levels for each fiscal tation Security Administration related to rectorates until a future-years capital in- year for the next 5 fiscal years or until ac- transportation security support pursuant to vestment plan for fiscal years 2016 through quisition program baseline or project com- the Aviation and Transportation Security 2020, as specified under the heading ‘‘Coast pletion, whichever is earlier;

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S789 (4) an estimated completion date at the Director of the Office of Management and which $2,366,000 shall be for forensic and re- projected funding levels; and Budget shall notify the Committees on Ap- lated support of investigations of missing (5) a current acquisition program baseline propriations of the Senate and the House of and exploited children; of which $6,000,000 for each capital asset, as applicable, that— Representatives, the Committee on Com- shall be for a grant for activities related to (A) includes the total acquisition cost of merce, Science, and Transportation of the investigations of missing and exploited chil- each asset, subdivided by fiscal year and in- Senate, and the Committee on Transpor- dren and shall remain available until Sep- cluding a detailed description of the purpose tation and Infrastructure of the House of tember 30, 2016; and of which not less than of the proposed funding levels for each fiscal Representatives when such review is com- $12,000,000 shall be for activities related to year, including for each fiscal year funds re- pleted: Provided further, That subsections (a) training in electronic crimes investigations quested for design, pre-acquisition activities, and (b) of section 6402 of Public Law 110–28 and forensics: Provided, That $18,000,000 for production, structural modifications, shall hereafter apply with respect to the protective travel shall remain available missionization, post-delivery, and transition amounts made available under this heading. until September 30, 2016: Provided further, to operations costs; RESEARCH, DEVELOPMENT, TEST, AND That $4,500,000 for National Special Security (B) includes a detailed project schedule EVALUATION Events shall remain available until Sep- tember 30, 2016: Provided further, That the through completion, subdivided by fiscal For necessary expenses for applied sci- United States Secret Service is authorized to year, that details— entific research, development, test, and eval- obligate funds in anticipation of reimburse- (i) quantities planned for each fiscal year; uation; and for maintenance, rehabilitation, and ments from Federal agencies and entities, as lease, and operation of facilities and equip- defined in section 105 of title 5, United States (ii) major acquisition and project events, ment; as authorized by law; $17,892,000, to re- including development of operational re- Code, for personnel receiving training spon- main available until September 30, 2017, of sored by the James J. Rowley Training Cen- quirements, contracting actions, design re- which $500,000 shall be derived from the Oil views, production, delivery, test and evalua- ter, except that total obligations at the end Spill Liability Trust Fund to carry out the of the fiscal year shall not exceed total budg- tion, and transition to operations, including purposes of section 1012(a)(5) of the Oil Pollu- necessary training, shore infrastructure, and etary resources available under this heading tion Act of 1990 (33 U.S.C. 2712(a)(5)): Pro- at the end of the fiscal year: Provided further, logistics; vided, That there may be credited to and (C) notes and explains any deviations in That none of the funds made available under used for the purposes of this appropriation this heading shall be available to com- cost, performance parameters, schedule, or funds received from State and local govern- estimated date of completion from the origi- pensate any employee for overtime in an an- ments, other public authorities, private nual amount in excess of $35,000, except that nal acquisition program baseline and the sources, and foreign countries for expenses most recent baseline approved by the De- the Secretary of Homeland Security, or the incurred for research, development, testing, designee of the Secretary, may waive that partment of Homeland Security’s Acquisi- and evaluation. tion Review Board, if applicable; amount as necessary for national security RETIRED PAY (D) aligns the acquisition of each asset to purposes: Provided further, That none of the mission requirements by defining existing For retired pay, including the payment of funds made available to the United States capabilities of comparable legacy assets, obligations otherwise chargeable to lapsed Secret Service by this Act or by previous ap- identifying known capability gaps between appropriations for this purpose, payments propriations Acts may be made available for the protection of the head of a Federal agen- such existing capabilities and stated mission under the Retired Serviceman’s Family Pro- cy other than the Secretary of Homeland Se- requirements, and explaining how the acqui- tection and Survivor Benefits Plans, pay- curity: Provided further, That the Director of sition of each asset will address such known ment for career status bonuses, concurrent the United States Secret Service may enter capability gaps; receipts, and combat-related special com- into an agreement to provide such protection (E) defines life-cycle costs for each asset pensation under the National Defense Au- on a fully reimbursable basis: Provided fur- and the date of the estimate on which such thorization Act, and payments for medical ther, That none of the funds made available costs are based, including all associated care of retired personnel and their depend- to the United States Secret Service by this costs of major acquisitions systems infra- ents under chapter 55 of title 10, United Act or by previous appropriations Acts may structure and transition to operations, delin- States Code, $1,450,626,000, to remain avail- able until expended. be obligated for the purpose of opening a new eated by purpose and fiscal year for the pro- permanent domestic or overseas office or lo- UNITED STATES SECRET SERVICE jected service life of the asset; cation unless the Committees on Appropria- (F) includes the earned value management SALARIES AND EXPENSES tions of the Senate and the House of Rep- system summary schedule performance For necessary expenses of the United resentatives are notified 15 days in advance index and cost performance index for each States Secret Service, including purchase of of such obligation: Provided further, That not asset, if applicable; and not to exceed 652 vehicles for police-type use later than 90 days after the date of enact- (G) includes a phase-out and decommis- for replacement only; hire of passenger ment of this Act, the Director of the United sioning schedule delineated by fiscal year for motor vehicles; purchase of motorcycles States Secret Service shall submit to the each existing legacy asset that each asset is made in the United States; hire of aircraft; Committees on Appropriations of the Senate intended to replace or recapitalize: services of expert witnesses at such rates as and the House of Representatives, a report Provided further, That the Commandant of may be determined by the Director of the providing evidence that the United States the Coast Guard shall ensure that amounts United States Secret Service; rental of build- Secret Service has sufficiently reviewed its specified in the future-years capital invest- ings in the District of Columbia, and fencing, professional standards of conduct; and has ment plan are consistent, to the maximum lighting, guard booths, and other facilities issued new guidance and procedures for the extent practicable, with proposed appropria- on private or other property not in Govern- conduct of employees when engaged in over- tions necessary to support the programs, ment ownership or control, as may be nec- seas operations and protective missions, con- projects, and activities of the Coast Guard in essary to perform protective functions; pay- sistent with the critical missions of, and the the President’s budget proposal for fiscal ment of per diem or subsistence allowances unique position of public trust occupied by, year 2016, submitted pursuant to section to employees in cases in which a protective the United States Secret Service: Provided 1105(a) of title 31, United States Code: Pro- assignment on the actual day or days of the further, That of the funds provided under this vided further, That any inconsistencies be- visit of a protectee requires an employee to heading, $10,000,000 shall be withheld from tween the capital investment plan and pro- work 16 hours per day or to remain overnight obligation for Headquarters, Management posed appropriations shall be identified and at a post of duty; conduct of and participa- and Administration until such report is sub- justified: Provided further, That the Director tion in firearms matches; presentation of mitted: Provided further, That for purposes of of the Office of Management and Budget awards; travel of United States Secret Serv- section 503(b) of this Act, $15,000,000 or 10 per- shall not delay the submission of the capital ice employees on protective missions with- cent, whichever is less, may be transferred investment plan referred to by the preceding out regard to the limitations on such ex- between Protection of Persons and Facilities provisos: Provided further, That the Director penditures in this or any other Act if ap- and Domestic Field Operations. of the Office of Management and Budget proval is obtained in advance from the Com- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, shall have no more than a single period of 10 mittees on Appropriations of the Senate and AND RELATED EXPENSES consecutive business days to review the cap- the House of Representatives; research and For necessary expenses for acquisition, ital investment plan prior to submission: development; grants to conduct behavioral construction, repair, alteration, and im- Provided further, That the Secretary of research in support of protective research provement of physical and technological in- Homeland Security shall notify the Commit- and operations; and payment in advance for frastructure, $49,935,000; of which $5,380,000, tees on Appropriations of the Senate and the commercial accommodations as may be nec- to remain available until September 30, 2019, House of Representatives, the Committee on essary to perform protective functions; shall be for acquisition, construction, im- Commerce, Science, and Transportation of $1,615,860,000; of which not to exceed $19,125 provement, and maintenance of the James J. the Senate, and the Committee on Transpor- shall be for official reception and representa- Rowley Training Center; and of which tation and Infrastructure of the House of tion expenses; of which not to exceed $100,000 $44,555,000, to remain available until Sep- Representatives one day after the capital in- shall be to provide technical assistance and tember 30, 2017, shall be for Information Inte- vestment plan is submitted to the Office of equipment to foreign law enforcement orga- gration and Technology Transformation pro- Management and Budget for review and the nizations in counterfeit investigations; of gram execution.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S790 CONGRESSIONAL RECORD — SENATE February 4, 2015 TITLE III Assistance Act of 2000 (division C, title I, 114 assistance, and other programs, of which PROTECTION, PREPAREDNESS, Stat. 583), the Earthquake Hazards Reduc- $162,991,000 shall be for training of State, RESPONSE, AND RECOVERY tion Act of 1977 (42 U.S.C. 7701 et seq.), the local, and tribal emergency response pro- Defense Production Act of 1950 (50 U.S.C. viders: NATIONAL PROTECTION AND PROGRAMS App. 2061 et seq.), sections 107 and 303 of the DIRECTORATE Provided, That for grants under paragraphs National Security Act of 1947 (50 U.S.C. 404, (1) through (4), applications for grants shall MANAGEMENT AND ADMINISTRATION 405), Reorganization Plan No. 3 of 1978 (5 be made available to eligible applicants not For salaries and expenses of the Office of U.S.C. App.), the National Dam Safety Pro- later than 60 days after the date of enact- the Under Secretary for the National Protec- gram Act (33 U.S.C. 467 et seq.), the Home- ment of this Act, that eligible applicants tion and Programs Directorate, support for land Security Act of 2002 (6 U.S.C. 101 et shall submit applications not later than 80 operations, and information technology, seq.), the Implementing Recommendations of days after the grant announcement, and the $61,651,000: Provided, That not to exceed $3,825 the 9/11 Commission Act of 2007 (Public Law Administrator of the Federal Emergency shall be for official reception and representa- 110–53), the Federal Fire Prevention and Con- Management Agency shall act within 65 days tion expenses: Provided further, That the trol Act of 1974 (15 U.S.C. 2201 et seq.), the after the receipt of an application: Provided President’s budget proposal for fiscal year Post-Katrina Emergency Management Re- further, That notwithstanding section 2016, submitted pursuant to section 1105(a) of form Act of 2006 (Public Law 109–295; 120 2008(a)(11) of the Homeland Security Act of title 31, United States Code, shall be detailed Stat. 1394), the Biggert-Waters Flood Insur- 2002 (6 U.S.C. 609(a)(11)) or any other provi- by office, and by program, project, and activ- ance Reform Act of 2012 (Public Law 112–141, sion of law, a grantee may not use more than ity level, for the National Protection and 126 Stat. 916), and the Homeowner Flood In- 5 percent of the amount of a grant made Programs Directorate. surance Affordability Act of 2014 (Public Law available under this heading for expenses di- INFRASTRUCTURE PROTECTION AND 113–89): Provided, That not to exceed $2,250 rectly related to administration of the grant: INFORMATION SECURITY shall be for official reception and representa- Provided further, That for grants under para- For necessary expenses for infrastructure tion expenses: Provided further, That of the graphs (1) and (2), the installation of commu- protection and information security pro- total amount made available under this nications towers is not considered construc- grams and activities, as authorized by title heading, $35,180,000 shall be for the Urban tion of a building or other physical facility: II of the Homeland Security Act of 2002 (6 Search and Rescue Response System, of Provided further, That grantees shall provide U.S.C. 121 et seq.), $1,188,679,000, of which which none is available for Federal Emer- reports on their use of funds, as determined $225,000,000 shall remain available until Sep- gency Management Agency administrative necessary by the Secretary of Homeland Se- tember 30, 2016: Provided, That if, due to costs: Provided further, That of the total curity: Provided further, That notwith- delays in contract actions, the National Pro- amount made available under this heading, standing section 509 of this Act, the Admin- tection and Programs Directorate will not $30,000,000 shall remain available until Sep- istrator of the Federal Emergency Manage- fully obligate funds for Federal Network Se- tember 30, 2016, for capital improvements ment Agency may use the funds provided in curity or for Network Security Deployment and other expenses related to continuity of paragraph (5) to acquire real property for the program, project, and activities as provided operations at the Mount Weather Emergency purpose of establishing or appropriately ex- in the accompanying statement and section Operations Center: Provided further, That of tending the security buffer zones around 548 of this Act, such funds may be applied to the total amount made available, $3,400,000 Federal Emergency Management Agency Next Generation Networks program, project, shall be for the Office of National Capital training facilities. and activities, notwithstanding section 503 of Region Coordination: Provided further, That FIREFIGHTER ASSISTANCE GRANTS this Act. of the total amount made available under For grants for programs authorized by the this heading, not less than $4,000,000 shall re- FEDERAL PROTECTIVE SERVICE Federal Fire Prevention and Control Act of main available until September 30, 2016, for The revenues and collections of security 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to re- expenses related to modernization of auto- main available until September 30, 2016, of fees credited to this account shall be avail- mated systems. able until expended for necessary expenses which $340,000,000 shall be available to carry STATE AND LOCAL PROGRAMS related to the protection of federally owned out section 33 of that Act (15 U.S.C. 2229) and For grants, contracts, cooperative agree- and leased buildings and for the operations $340,000,000 shall be available to carry out ments, and other activities, $1,500,000,000, of the Federal Protective Service: Provided, section 34 of that Act (15 U.S.C. 2229a). which shall be allocated as follows: That the Director of the Federal Protective EMERGENCY MANAGEMENT PERFORMANCE (1) $467,000,000 shall be for the State Home- Service shall submit at the time the Presi- GRANTS land Security Grant Program under section dent’s budget proposal for fiscal year 2016 is For emergency management performance 2004 of the Homeland Security Act of 2002 (6 submitted pursuant to section 1105(a) of title grants, as authorized by the National Flood U.S.C. 605), of which not less than $55,000,000 31, United States Code, a strategic human Insurance Act of 1968 (42 U.S.C. 4001 et seq.), shall be for Operation Stonegarden: Provided, capital plan that aligns fee collections to the Robert T. Stafford Disaster Relief and That notwithstanding subsection (c)(4) of personnel requirements based on a current Emergency Assistance Act (42 U.S.C. 5121 et such section 2004, for fiscal year 2015, the threat assessment. seq.), the Earthquake Hazards Reduction Act Commonwealth of Puerto Rico shall make OFFICE OF BIOMETRIC IDENTITY MANAGEMENT of 1977 (42 U.S.C. 7701 et seq.), and Reorga- available to local and tribal governments nization Plan No. 3 of 1978 (5 U.S.C. App.), For necessary expenses for the Office of Bi- amounts provided to the Commonwealth of $350,000,000. ometric Identity Management, as authorized Puerto Rico under this paragraph in accord- RADIOLOGICAL EMERGENCY PREPAREDNESS by section 7208 of the Intelligence Reform ance with subsection (c)(1) of such section PROGRAM and Terrorism Prevention Act of 2004 (8 2004. U.S.C. 1365b), $252,056,000: Provided, That of (2) $600,000,000 shall be for the Urban Area The aggregate charges assessed during fis- the total amount made available under this Security Initiative under section 2003 of the cal year 2015, as authorized in title III of the heading, $122,150,000 shall remain available Homeland Security Act of 2002 (6 U.S.C. 604), Departments of Veterans Affairs and Hous- until September 30, 2017. of which not less than $13,000,000 shall be for ing and Urban Development, and Inde- pendent Agencies Appropriations Act, 1999 OFFICE OF HEALTH AFFAIRS organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 (42 U.S.C. 5196e), shall not be less than 100 For necessary expenses of the Office of percent of the amounts anticipated by the Health Affairs, $129,358,000; of which and exempt from tax under section 501(a) of such code) determined by the Secretary of Department of Homeland Security necessary $26,148,000 is for salaries and expenses and for its radiological emergency preparedness $86,891,000 is for BioWatch operations: Pro- Homeland Security to be at high risk of a terrorist attack. program for the next fiscal year: Provided, vided, That of the amount made available That the methodology for assessment and under this heading, $16,319,000 shall remain (3) $100,000,000 shall be for Public Transpor- tation Security Assistance, Railroad Secu- collection of fees shall be fair and equitable available until September 30, 2016, for bio- and shall reflect costs of providing such serv- surveillance, chemical defense, medical and rity Assistance, and Over-the-Road Bus Se- curity Assistance under sections 1406, 1513, ices, including administrative costs of col- health planning and coordination, and work- lecting such fees: Provided further, That fees force health protection: Provided further, and 1532 of the Implementing Recommenda- tions of the 9/11 Commission Act of 2007 received under this heading shall be depos- That not to exceed $2,250 shall be for official ited in this account as offsetting collections reception and representation expenses. (Public Law 110–53; 6 U.S.C. 1135, 1163, and 1182), of which not less than $10,000,000 shall and will become available for authorized pur- FEDERAL EMERGENCY MANAGEMENT AGENCY be for Amtrak security and $3,000,000 shall be poses on October 1, 2015, and remain avail- SALARIES AND EXPENSES for Over-the-Road Bus Security: Provided, able until expended. For necessary expenses of the Federal That such public transportation security as- UNITED STATES FIRE ADMINISTRATION Emergency Management Agency, $934,396,000, sistance shall be provided directly to public For necessary expenses of the United including activities authorized by the Na- transportation agencies. States Fire Administration and for other tional Flood Insurance Act of 1968 (42 U.S.C. (4) $100,000,000 shall be for Port Security purposes, as authorized by the Federal Fire 4001 et seq.), the Robert T. Stafford Disaster Grants in accordance with 46 U.S.C. 70107. Prevention and Control Act of 1974 (15 U.S.C. Relief and Emergency Assistance Act (42 (5) $233,000,000 shall be to sustain current 2201 et seq.) and the Homeland Security Act U.S.C. 5121 et seq.), the Cerro Grande Fire operations for training, exercises, technical of 2002 (6 U.S.C. 101 et seq.), $44,000,000.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S791

DISASTER RELIEF FUND (D) in addition, for a disaster declaration 4015(d)) shall be credited as an offsetting col- (INCLUDING TRANSFER OF FUNDS) related to Hurricane Sandy, the cost of the lection to this account, to be available for For necessary expenses in carrying out the following categories of spending: public as- flood plain management and flood mapping: Robert T. Stafford Disaster Relief and Emer- sistance, individual assistance, mitigation, Provided further, That in fiscal year 2015, no gency Assistance Act (42 U.S.C. 5121 et seq.), administrative, operations, and any other funds shall be available from the National $7,033,464,494, to remain available until ex- relevant category (including emergency Flood Insurance Fund under section 1310 of the National Flood Insurance Act of 1968 (42 pended, of which $24,000,000 shall be trans- measures and disaster resources); and U.S.C. 4017) in excess of: ferred to the Department of Homeland Secu- (E) the date on which funds appropriated will be exhausted: (1) $136,000,000 for operating expenses; rity Office of Inspector General for audits (2) $1,139,000,000 for commissions and taxes Provided further, That the Administrator and investigations related to disasters: Pro- of agents; vided, That the Administrator of the Federal shall publish on the Agency’s Web site not (3) such sums as are necessary for interest Emergency Management Agency shall sub- later than 5 days after an award of a public on Treasury borrowings; and mit to the Committees on Appropriations of assistance grant under section 406 of the (4) $150,000,000, which shall remain avail- the Senate and the House of Representatives Robert T. Stafford Disaster Relief and Emer- able until expended, for flood mitigation ac- the following reports, including a specific de- gency Assistance Act (42 U.S.C. 5172) the spe- tions and for flood mitigation assistance scription of the methodology and the source cifics of the grant award: Provided further, under section 1366 of the National Flood In- data used in developing such reports: That for any mission assignment or mission surance Act of 1968 (42 U.S.C. 4104c), notwith- (1) an estimate of the following amounts assignment task order to another Federal de- standing sections 1366(e) and 1310(a)(7) of shall be submitted for the budget year at the partment or agency regarding a major dis- such Act (42 U.S.C. 4104c(e), 4017): time that the President’s budget proposal for aster, not later than 5 days after the Provided further, That the amounts collected fiscal year 2016 is submitted pursuant to sec- issuance of the mission assignment or task under section 102 of the Flood Disaster Pro- tion 1105(a) of title 31, United States Code: order, the Administrator shall publish on the tection Act of 1973 (42 U.S.C. 4012a) and sec- (A) the unobligated balance of funds to be Agency’s website the following: the name of tion 1366(e) of the National Flood Insurance carried over from the prior fiscal year to the the impacted State and the disaster declara- Act of 1968 shall be deposited in the National budget year; tion for such State, the assigned agency, the Flood Insurance Fund to supplement other (B) the unobligated balance of funds to be assistance requested, a description of the dis- amounts specified as available for section carried over from the budget year to the aster, the total cost estimate, and the 1366 of the National Flood Insurance Act of budget year plus 1; amount obligated: Provided further, That not 1968, notwithstanding section 102(f)(8), sec- (C) the amount of obligations for non-cata- later than 10 days after the last day of each tion 1366(e), and paragraphs (1) through (3) of strophic events for the budget year; month until the mission assignment or task section 1367(b) of such Act (42 U.S.C. (D) the amount of obligations for the budg- order is completed and closed out, the Ad- 4012a(f)(8), 4104c(e), 4104d(b)(1)–(3)): Provided et year for catastrophic events delineated by ministrator shall update any changes to the further, That total administrative costs shall event and by State; total cost estimate and the amount obli- not exceed 4 percent of the total appropria- (E) the total amount that has been pre- gated: Provided further, That of the amount tion: Provided further, That $5,000,000 is avail- viously obligated or will be required for cat- provided under this heading, $6,437,792,622 able to carry out section 24 of the Home- astrophic events delineated by event and by shall be for major disasters declared pursu- owner Flood Insurance Affordability Act of State for all prior years, the current year, ant to the Robert T. Stafford Disaster Relief 2014 (42 U.S.C. 4033). the budget year, the budget year plus 1, the and Emergency Assistance Act (42 U.S.C. NATIONAL PREDISASTER MITIGATION FUND budget year plus 2, and the budget year plus 5121 et seq.): Provided further, That the 3 and beyond; amount in the preceding proviso is des- For the predisaster mitigation grant pro- (F) the amount of previously obligated ignated by the Congress as being for disaster gram under section 203 of the Robert T. Staf- funds that will be recovered for the budget relief pursuant to section 251(b)(2)(D) of the ford Disaster Relief and Emergency Assist- year; Balanced Budget and Emergency Deficit ance Act (42 U.S.C. 5133), $25,000,000, to re- (G) the amount that will be required for Control Act of 1985. main available until expended. EMERGENCY FOOD AND SHELTER obligations for emergencies, as described in FLOOD HAZARD MAPPING AND RISK ANALYSIS section 102(1) of the Robert T. Stafford Dis- PROGRAM To carry out the emergency food and shel- ter program pursuant to title III of the aster Relief and Emergency Assistance Act For necessary expenses, including adminis- McKinney-Vento Homeless Assistance Act (42 U.S.C. 5122(1)), major disasters, as de- trative costs, under section 1360 of the Na- (42 U.S.C. 11331 et seq.), $120,000,000, to re- scribed in section 102(2) of the Robert T. tional Flood Insurance Act of 1968 (42 U.S.C. main available until expended: Provided, Stafford Disaster Relief and Emergency As- 4101), and under sections 100215, 100216, 100226, That total administrative costs shall not ex- sistance Act (42 U.S.C. 5122(2)), fire manage- 100230, and 100246 of the Biggert-Waters ceed 3.5 percent of the total amount made ment assistance grants, as described in sec- Flood Insurance Reform Act of 2012, (Public available under this heading. tion 420 of the Robert T. Stafford Disaster Law 112–141, 126 Stat. 916), $100,000,000, and Relief and Emergency Assistance Act (42 such additional sums as may be provided by TITLE IV U.S.C. 5187), surge activities, and disaster State and local governments or other polit- RESEARCH, DEVELOPMENT, TRAINING, readiness and support activities; and ical subdivisions for cost-shared mapping ac- AND SERVICES (H) the amount required for activities not tivities under section 1360(f)(2) of such Act UNITED STATES CITIZENSHIP AND IMMIGRATION covered under section 251(b)(2)(D)(iii) of the (42 U.S.C. 4101(f)(2)), to remain available SERVICES Balanced Budget and Emergency Deficit until expended. For necessary expenses for citizenship and Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); immigration services, $124,435,000 for the E- Public Law 99–177); NATIONAL FLOOD INSURANCE FUND Verify Program, as described in section (2) an estimate or actual amounts, if avail- For activities under the National Flood In- 403(a) of the Illegal Immigration Reform and able, of the following for the current fiscal surance Act of 1968 (42 U.S.C. 4001 et seq.), Immigrant Responsibility Act of 1996 (8 year shall be submitted not later than the the Flood Disaster Protection Act of 1973 (42 U.S.C. 1324a note), to assist United States fifth day of each month, and shall be pub- U.S.C. 4001 et seq.), the Biggert-Waters Flood employers with maintaining a legal work- lished by the Administrator on the Agency’s Insurance Reform Act of 2012 (subtitle A of force: Provided, That, notwithstanding any Web site not later than the fifth day of each title II of division F of Public Law 112–141; other provision of law, funds otherwise made month: 126 Stat. 916), and the Homeowner Flood In- available to United States Citizenship and (A) a summary of the amount of appropria- surance Affordability Act of 2014 (Public Law Immigration Services may be used to ac- tions made available by source, the transfers 113–89; 128 Stat. 1020), $179,294,000, which shall quire, operate, equip, and dispose of up to 5 executed, the previously allocated funds re- remain available until September 30, 2016, vehicles, for replacement only, for areas covered, and the commitments, allocations, and shall be derived from offsetting amounts where the Administrator of General Services and obligations made; collected under section 1308(d) of the Na- does not provide vehicles for lease: Provided (B) a table of disaster relief activity delin- tional Flood Insurance Act of 1968 (42 U.S.C. further, That the Director of United States eated by month, including— 4015(d)); which is available for salaries and Citizenship and Immigration Services may (i) the beginning and ending balances; expenses associated with flood mitigation authorize employees who are assigned to (ii) the total obligations to include and flood insurance operations; and flood- those areas to use such vehicles to travel be- amounts obligated for fire assistance, emer- plain management and additional amounts tween the employees’ residences and places gencies, surge, and disaster support activi- for flood mapping: Provided, That of such of employment. ties; amount, $23,759,000 shall be available for sal- (iii) the obligations for catastrophic events aries and expenses associated with flood FEDERAL LAW ENFORCEMENT TRAINING delineated by event and by State; and mitigation and flood insurance operations CENTER (iv) the amount of previously obligated and $155,535,000 shall be available for flood SALARIES AND EXPENSES funds that are recovered; plain management and flood mapping: Pro- For necessary expenses of the Federal Law (C) a summary of allocations, obligations, vided further, That any additional fees col- Enforcement Training Center, including ma- and expenditures for catastrophic events de- lected pursuant to section 1308(d) of the Na- terials and support costs of Federal law en- lineated by event; tional Flood Insurance Act of 1968 (42 U.S.C. forcement basic training; the purchase of not

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S792 CONGRESSIONAL RECORD — SENATE February 4, 2015 to exceed 117 vehicles for police-type use and $973,915,000; of which $538,926,000 shall remain ment of Homeland Security that remain hire of passenger motor vehicles; expenses available until September 30, 2017; and of available for obligation or expenditure in fis- for student athletic and related activities; which $434,989,000 shall remain available cal year 2015, or provided from any accounts the conduct of and participation in firearms until September 30, 2019, solely for operation in the Treasury of the United States derived matches and presentation of awards; public and construction of laboratory facilities: by the collection of fees or proceeds avail- awareness and enhancement of community Provided, That of the funds provided for the able to the agencies funded by this Act, shall support of law enforcement training; room operation and construction of laboratory fa- be available for obligation or expenditure for and board for student interns; a flat monthly cilities under this heading, $300,000,000 shall programs, projects, or activities through a reimbursement to employees authorized to be for construction of the National Bio- and reprogramming of funds in excess of use personal mobile phones for official du- Agro-defense Facility. $5,000,000 or 10 percent, whichever is less, ties; and services as authorized by section DOMESTIC NUCLEAR DETECTION OFFICE that: 3109 of title 5, United States Code; (1) augments existing programs, projects, MANAGEMENT AND ADMINISTRATION $230,497,000; of which up to $54,154,000 shall or activities; remain available until September 30, 2016, for For salaries and expenses of the Domestic (2) reduces by 10 percent funding for any materials and support costs of Federal law Nuclear Detection Office, as authorized by existing program, project, or activity; enforcement basic training; of which $300,000 title XIX of the Homeland Security Act of (3) reduces by 10 percent the numbers of shall remain available until expended to be 2002 (6 U.S.C. 591 et seq.), for management personnel approved by the Congress; or distributed to Federal law enforcement agen- and administration of programs and activi- (4) results from any general savings from a cies for expenses incurred participating in ties, $37,339,000: Provided, That not to exceed reduction in personnel that would result in a training accreditation; and of which not to $2,250 shall be for official reception and rep- change in existing programs, projects, or ac- exceed $7,180 shall be for official reception resentation expenses. tivities as approved by the Congress, unless and representation expenses: Provided, That RESEARCH, DEVELOPMENT, AND OPERATIONS the Committees on Appropriations of the the Center is authorized to obligate funds in For necessary expenses for radiological and Senate and the House of Representatives are anticipation of reimbursements from agen- nuclear research, development, testing, eval- notified 15 days in advance of such re- cies receiving training sponsored by the Cen- uation, and operations, $197,900,000, to re- programming of funds. ter, except that total obligations at the end main available until September 30, 2017. (c) Not to exceed 5 percent of any appro- priation made available for the current fiscal of the fiscal year shall not exceed total budg- SYSTEMS ACQUISITION etary resources available at the end of the year for the Department of Homeland Secu- For necessary expenses for the Domestic fiscal year: Provided further, That section rity by this Act or provided by previous ap- Nuclear Detection Office acquisition and de- 1202(a) of Public Law 107–206 (42 U.S.C. 3771 propriations Acts may be transferred be- ployment of radiological detection systems note), as amended under this heading in divi- tween such appropriations, but no such ap- in accordance with the global nuclear detec- sion F of Public Law 113–76, is further propriation, except as otherwise specifically tion architecture, $72,603,000, to remain amended by striking ‘‘December 31, 2016’’ and provided, shall be increased by more than 10 available until September 30, 2017. inserting ‘‘December 31, 2017’’: Provided fur- percent by such transfers: Provided, That any ther, That the Director of the Federal Law TITLE V transfer under this section shall be treated Enforcement Training Center shall schedule GENERAL PROVISIONS as a reprogramming of funds under sub- section (b) and shall not be available for ob- basic or advanced law enforcement training, (INCLUDING RESCISSIONS OF FUNDS) ligation unless the Committees on Appro- or both, at all four training facilities under SEC. 501. No part of any appropriation con- the control of the Federal Law Enforcement priations of the Senate and the House of tained in this Act shall remain available for Representatives are notified 15 days in ad- Training Center to ensure that such training obligation beyond the current fiscal year un- facilities are operated at the highest capac- vance of such transfer. less expressly so provided herein. (d) Notwithstanding subsections (a), (b), ity throughout the fiscal year: Provided fur- SEC. 502. Subject to the requirements of and (c) of this section, no funds shall be re- ther, That the Federal Law Enforcement section 503 of this Act, the unexpended bal- programmed within or transferred between Training Accreditation Board, including rep- ances of prior appropriations provided for ac- appropriations based upon an initial notifi- resentatives from the Federal law enforce- tivities in this Act may be transferred to ap- cation provided after June 30, except in ex- ment community and non-Federal accredita- propriation accounts for such activities es- traordinary circumstances that imminently tion experts involved in law enforcement tablished pursuant to this Act, may be threaten the safety of human life or the pro- training, shall lead the Federal law enforce- merged with funds in the applicable estab- tection of property. ment training accreditation process to con- lished accounts, and thereafter may be ac- (e) The notification thresholds and proce- tinue the implementation of measuring and counted for as one fund for the same time pe- dures set forth in this section shall apply to assessing the quality and effectiveness of riod as originally enacted. any use of deobligated balances of funds pro- Federal law enforcement training programs, SEC. 503. (a) None of the funds provided by vided in previous Department of Homeland facilities, and instructors. this Act, provided by previous appropriations Security Appropriations Acts. ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, Acts to the agencies in or transferred to the SEC. 504. The Department of Homeland Se- AND RELATED EXPENSES Department of Homeland Security that re- curity Working Capital Fund, established For acquisition of necessary additional main available for obligation or expenditure pursuant to section 403 of Public Law 103–356 real property and facilities, construction, in fiscal year 2015, or provided from any ac- (31 U.S.C. 501 note), shall continue oper- and ongoing maintenance, facility improve- counts in the Treasury of the United States ations as a permanent working capital fund ments, and related expenses of the Federal derived by the collection of fees available to for fiscal year 2015: Provided, That none of Law Enforcement Training Center, the agencies funded by this Act, shall be the funds appropriated or otherwise made $27,841,000, to remain available until Sep- available for obligation or expenditure available to the Department of Homeland tember 30, 2019: Provided, That the Center is through a reprogramming of funds that: Security may be used to make payments to authorized to accept reimbursement to this (1) creates a new program, project, or ac- the Working Capital Fund, except for the ac- appropriation from government agencies re- tivity; tivities and amounts allowed in the Presi- questing the construction of special use fa- (2) eliminates a program, project, office, or dent’s fiscal year 2015 budget: Provided fur- cilities. activity; ther, That funds provided to the Working SCIENCE AND TECHNOLOGY (3) increases funds for any program, Capital Fund shall be available for obliga- project, or activity for which funds have tion until expended to carry out the purposes MANAGEMENT AND ADMINISTRATION been denied or restricted by the Congress; of the Working Capital Fund: Provided fur- For salaries and expenses of the Office of (4) proposes to use funds directed for a spe- ther, That all departmental components shall the Under Secretary for Science and Tech- cific activity by either of the Committees on be charged only for direct usage of each nology and for management and administra- Appropriations of the Senate or the House of Working Capital Fund service: Provided fur- tion of programs and activities, as author- Representatives for a different purpose; or ther, That funds provided to the Working ized by title III of the Homeland Security (5) contracts out any function or activity Capital Fund shall be used only for purposes Act of 2002 (6 U.S.C. 181 et seq.), $129,993,000: for which funding levels were requested for consistent with the contributing component: Provided, That not to exceed $7,650 shall be Federal full-time equivalents in the object Provided further, That the Working Capital for official reception and representation ex- classification tables contained in the fiscal Fund shall be paid in advance or reimbursed penses. year 2015 Budget Appendix for the Depart- at rates which will return the full cost of RESEARCH, DEVELOPMENT, ACQUISITION, AND ment of Homeland Security, as modified by each service: Provided further, That the Com- OPERATIONS the report accompanying this Act, unless the mittees on Appropriations of the Senate and For necessary expenses for science and Committees on Appropriations of the Senate House of Representatives shall be notified of technology research, including advanced re- and the House of Representatives are noti- any activity added to or removed from the search projects, development, test and eval- fied 15 days in advance of such reprogram- fund: Provided further, That the Chief Finan- uation, acquisition, and operations as au- ming of funds. cial Officer of the Department of Homeland thorized by title III of the Homeland Secu- (b) None of the funds provided by this Act, Security shall submit a quarterly execution rity Act of 2002 (6 U.S.C. 181 et seq.), and the provided by previous appropriations Acts to report with activity level detail, not later purchase or lease of not to exceed 5 vehicles, the agencies in or transferred to the Depart- than 30 days after the end of each quarter.

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SEC. 505. Except as otherwise specifically SEC. 509. None of the funds appropriated or staff shall be classified as inherently govern- provided by law, not to exceed 50 percent of otherwise made available by this Act may be mental for the purpose of the Federal Activi- unobligated balances remaining available at used for expenses for any construction, re- ties Inventory Reform Act of 1998 (31 U.S.C. the end of fiscal year 2015, as recorded in the pair, alteration, or acquisition project for 501 note). financial records at the time of a reprogram- which a prospectus otherwise required under SEC. 518. (a) The Secretary of Homeland ming request, but not later than June 30, chapter 33 of title 40, United States Code, has Security shall submit a report not later than 2016, from appropriations for salaries and ex- not been approved, except that necessary October 15, 2015, to the Office of Inspector penses for fiscal year 2015 in this Act shall funds may be expended for each project for General of the Department of Homeland Se- remain available through September 30, 2016, required expenses for the development of a curity listing all grants and contracts in the account and for the purposes for which proposed prospectus. awarded by any means other than full and the appropriations were provided: Provided, SEC. 510. (a) Sections 520, 522, and 530 of the open competition during fiscal year 2015. That prior to the obligation of such funds, a Department of Homeland Security Appro- (b) The Inspector General shall review the request shall be submitted to the Commit- priations Act, 2008 (division E of Public Law report required by subsection (a) to assess tees on Appropriations of the Senate and the 110–161; 121 Stat. 2073 and 2074) shall apply Departmental compliance with applicable House of Representatives for approval in ac- with respect to funds made available in this laws and regulations and report the results cordance with section 503 of this Act. Act in the same manner as such sections ap- of that review to the Committees on Appro- SEC. 506. Funds made available by this Act plied to funds made available in that Act. priations of the Senate and the House of for intelligence activities are deemed to be (b) The third proviso of section 537 of the Representatives not later than February 15, specifically authorized by the Congress for Department of Homeland Security Appro- 2016. purposes of section 504 of the National Secu- priations Act, 2006 (6 U.S.C. 114), shall not SEC. 519. None of the funds provided by this rity Act of 1947 (50 U.S.C. 414) during fiscal apply with respect to funds made available or previous appropriations Acts shall be used year 2015 until the enactment of an Act au- in this Act. to fund any position designated as a Prin- thorizing intelligence activities for fiscal SEC. 511. None of the funds made available cipal Federal Official (or the successor there- year 2015. in this Act may be used in contravention of to) for any Robert T. Stafford Disaster Relief SEC. 507. (a) Except as provided in sub- the applicable provisions of the Buy Amer- and Emergency Assistance Act (42 U.S.C. sections (b) and (c), none of the funds made ican Act. For purposes of the preceding sen- 5121 et seq.) declared disasters or emer- available by this Act may be used to— tence, the term ‘‘Buy American Act’’ means gencies unless— (1) make or award a grant allocation, chapter 83 of title 41, United States Code. (1) the responsibilities of the Principal SEC. 512. None of the funds made available grant, contract, other transaction agree- Federal Official do not include operational in this Act may be used to amend the oath of ment, or task or delivery order on a Depart- functions related to incident management, allegiance required by section 337 of the Im- ment of Homeland Security multiple award including coordination of operations, and are migration and Nationality Act (8 U.S.C. contract, or to issue a letter of intent total- consistent with the requirements of section 1448). ing in excess of $1,000,000; 509(c) and sections 503(c)(3) and 503(c)(4)(A) of SEC. 513. Not later than 30 days after the the Homeland Security Act of 2002 (6 U.S.C. (2) award a task or delivery order requiring last day of each month, the Chief Financial an obligation of funds in an amount greater 319(c) and 313(c)(3) and 313(c)(4)(A)) and sec- Officer of the Department of Homeland Secu- tion 302 of the Robert T. Stafford Disaster than $10,000,000 from multi-year Department rity shall submit to the Committees on Ap- Relief and Assistance Act (42 U.S.C. 5143); of Homeland Security funds; propriations of the Senate and the House of (2) not later than 10 business days after the (3) make a sole-source grant award; or Representatives a monthly budget and staff- latter of the date on which the Secretary of (4) announce publicly the intention to ing report for that month that includes total Homeland Security appoints the Principal make or award items under paragraph (1), obligations of the Department for that Federal Official and the date on which the (2), or (3) including a contract covered by the month for the fiscal year at the appropria- President issues a declaration under section Federal Acquisition Regulation. tion and program, project, and activity lev- 401 or section 501 of the Robert T. Stafford (b) The Secretary of Homeland Security els, by the source year of the appropriation. Disaster Relief and Emergency Assistance may waive the prohibition under subsection Total obligations for staffing shall also be Act (42 U.S.C. 5170 and 5191, respectively), the (a) if the Secretary notifies the Committees provided by subcategory of on-board and on Appropriations of the Senate and the funded full-time equivalent staffing levels, Secretary of Homeland Security shall sub- House of Representatives at least 3 full busi- respectively, and the report shall specify the mit a notification of the appointment of the ness days in advance of making an award or number of, and total obligations for, con- Principal Federal Official and a description issuing a letter as described in that sub- tract employees for each office of the De- of the responsibilities of such Official and section. partment. how such responsibilities are consistent with (c) If the Secretary of Homeland Security SEC. 514. Except as provided in section paragraph (1) to the Committees on Appro- determines that compliance with this sec- 44945 of title 49, United States Code, funds priations of the Senate and the House of tion would pose a substantial risk to human appropriated or transferred to Transpor- Representatives, the Committee on Trans- life, health, or safety, an award may be made tation Security Administration ‘‘Aviation portation and Infrastructure of the House of without notification, and the Secretary shall Security’’, ‘‘Administration’’, and ‘‘Trans- Representatives, and the Committee on notify the Committees on Appropriations of portation Security Support’’ for fiscal years Homeland Security and Governmental Af- the Senate and the House of Representatives 2004 and 2005 that are recovered or fairs of the Senate; and not later than 5 full business days after such deobligated shall be available only for the (3) not later than 60 days after the date of an award is made or letter issued. procurement or installation of explosives de- enactment of this Act, the Secretary shall (d) A notification under this section— tection systems, air cargo, baggage, and provide a report specifying timeframes and (1) may not involve funds that are not checkpoint screening systems, subject to no- milestones regarding the update of oper- available for obligation; and tification: Provided, That semiannual reports ations, planning and policy documents, and (2) shall include the amount of the award; shall be submitted to the Committees on Ap- training and exercise protocols, to ensure the fiscal year for which the funds for the propriations of the Senate and the House of consistency with paragraph (1) of this sec- award were appropriated; the type of con- Representatives on any funds that are recov- tion. tract; and the account from which the funds ered or deobligated. SEC. 520. None of the funds provided or oth- are being drawn. SEC. 515. None of the funds appropriated by erwise made available in this Act shall be (e) The Administrator of the Federal Emer- this Act may be used to process or approve a available to carry out section 872 of the gency Management Agency shall brief the competition under Office of Management and Homeland Security Act of 2002 (6 U.S.C. 452). Committees on Appropriations of the Senate Budget Circular A–76 for services provided by SEC. 521. Funds made available in this Act and the House of Representatives 5 full busi- employees (including employees serving on a may be used to alter operations within the ness days in advance of announcing publicly temporary or term basis) of United States Civil Engineering Program of the Coast the intention of making an award under Citizenship and Immigration Services of the Guard nationwide, including civil engineer- ‘‘State and Local Programs’’. Department of Homeland Security who are ing units, facilities design and construction SEC. 508. Notwithstanding any other provi- known as Immigration Information Officers, centers, maintenance and logistics com- sion of law, no agency shall purchase, con- Contact Representatives, Investigative As- mands, and the Coast Guard Academy, ex- struct, or lease any additional facilities, ex- sistants, or Immigration Services Officers. cept that none of the funds provided in this cept within or contiguous to existing loca- SEC. 516. Any funds appropriated to ‘‘Coast Act may be used to reduce operations within tions, to be used for the purpose of con- Guard, Acquisition, Construction, and Im- any Civil Engineering Unit unless specifi- ducting Federal law enforcement training provements’’ for fiscal years 2002, 2003, 2004, cally authorized by a statute enacted after without the advance approval of the Com- 2005, and 2006 for the 110–123 foot patrol boat the date of enactment of this Act. mittees on Appropriations of the Senate and conversion that are recovered, collected, or SEC. 522. None of the funds made available the House of Representatives, except that otherwise received as the result of negotia- in this Act may be used by United States the Federal Law Enforcement Training Cen- tion, mediation, or litigation, shall be avail- Citizenship and Immigration Services to ter is authorized to obtain the temporary use able until expended for the Fast Response grant an immigration benefit unless the re- of additional facilities by lease, contract, or Cutter program. sults of background checks required by law other agreement for training that cannot be SEC. 517. The functions of the Federal Law to be completed prior to the granting of the accommodated in existing Center facilities. Enforcement Training Center instructor benefit have been received by United States

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Citizenship and Immigration Services, and SEC. 530. None of the funds appropriated by to provide, not later than 30 days after the the results do not preclude the granting of this Act may be used to conduct, or to imple- date of enactment of this Act, to the Spon- the benefit. ment the results of, a competition under Of- soring Entity written certification that the SEC. 523. Section 831 of the Homeland Secu- fice of Management and Budget Circular A– procedures used by the company to safeguard rity Act of 2002 (6 U.S.C. 391) is amended— 76 for activities performed with respect to and dispose of information are in compliance (1) in subsection (a), by striking ‘‘Until the Coast Guard National Vessel Documenta- with the requirements under subsection (a). September 30, 2014,’’ and inserting ‘‘Until tion Center. Such certification shall include a description September 30, 2015,’’; and SEC. 531. (a) Notwithstanding any other of the procedures used by the company to (2) in subsection (c)(1), by striking ‘‘Sep- provision of this Act, except as provided in comply with such requirements. tember 30, 2014,’’ and inserting ‘‘September subsection (b), and 30 days after the date on SEC. 537. Notwithstanding any other provi- 30, 2015,’’. which the President determines whether to sion of this Act, none of the funds appro- SEC. 524. The Secretary of Homeland Secu- declare a major disaster because of an event priated or otherwise made available by this rity shall require that all contracts of the and any appeal is completed, the Adminis- Act may be used to pay award or incentive Department of Homeland Security that pro- trator shall publish on the Web site of the fees for contractor performance that has vide award fees link such fees to successful Federal Emergency Management Agency a been judged to be below satisfactory per- acquisition outcomes (which outcomes shall report regarding that decision that shall formance or performance that does not meet be specified in terms of cost, schedule, and summarize damage assessment information the basic requirements of a contract. performance). used to determine whether to declare a SEC. 538. In developing any process to SEC. 525. Notwithstanding any other provi- major disaster. screen aviation passengers and crews for sion of law, none of the funds provided in (b) The Administrator may redact from a transportation or national security purposes, this or any other Act shall be used to ap- report under subsection (a) any data that the the Secretary of Homeland Security shall en- prove a waiver of the navigation and vessel- Administrator determines would com- sure that all such processes take into consid- inspection laws pursuant to 46 U.S.C. 501(b) promise national security. eration such passengers’ and crews’ privacy for the transportation of crude oil distrib- (c) In this section— and civil liberties consistent with applicable uted from the Strategic Petroleum Reserve (1) the term ‘‘Administrator’’ means the laws, regulations, and guidance. until the Secretary of Homeland Security, Administrator of the Federal Emergency SEC. 539. (a) Notwithstanding section after consultation with the Secretaries of Management Agency; and 1356(n) of title 8, United States Code, of the the Departments of Energy and Transpor- (2) the term ‘‘major disaster’’ has the funds deposited into the Immigration Exami- tation and representatives from the United meaning given that term in section 102 of the nations Fee Account, $10,000,000 may be allo- States flag maritime industry, takes ade- Robert T. Stafford Disaster Relief and Emer- cated by United States Citizenship and Im- quate measures to ensure the use of United gency Assistance Act (42 U.S.C. 5122). migration Services in fiscal year 2015 for the States flag vessels: Provided, That the Sec- SEC. 532. Any official that is required by purpose of providing an immigrant integra- retary shall notify the Committees on Ap- this Act to report or to certify to the Com- tion grants program. mittees on Appropriations of the Senate and propriations of the Senate and the House of (b) None of the funds made available to the House of Representatives may not dele- Representatives, the Committee on Com- United States Citizenship and Immigration gate such authority to perform that act un- Services for grants for immigrant integra- merce, Science, and Transportation of the less specifically authorized herein. tion may be used to provide services to Senate, and the Committee on Transpor- SEC. 533. None of the funds appropriated or aliens who have not been lawfully admitted tation and Infrastructure of the House of otherwise made available in this or any for permanent residence. Representatives within 2 business days of other Act may be used to transfer, release, SEC. 540. For an additional amount for the any request for waivers of navigation and or assist in the transfer or release to or with- ‘‘Office of the Under Secretary for Manage- vessel-inspection laws pursuant to 46 U.S.C. in the United States, its territories, or pos- ment’’, $48,600,000, to remain available until 501(b). sessions Khalid Sheikh Mohammed or any expended, for necessary expenses to plan, ac- SEC. 526. None of the funds made available other detainee who— quire, design, construct, renovate, reme- in this Act for United States Customs and (1) is not a United States citizen or a mem- diate, equip, furnish, improve infrastructure, Border Protection may be used to prevent an ber of the Armed Forces of the United and occupy buildings and facilities for the individual not in the business of importing a States; and department headquarters consolidation prescription drug (within the meaning of sec- (2) is or was held on or after June 24, 2009, project and associated mission support con- tion 801(g) of the Federal Food, Drug, and at the United States Naval Station, Guanta- solidation: Provided, That the Committees on Cosmetic Act) from importing a prescription namo Bay, Cuba, by the Department of De- Appropriations of the Senate and the House drug from Canada that complies with the fense. of Representatives shall receive an expendi- Federal Food, Drug, and Cosmetic Act: Pro- SEC. 534. None of the funds made available ture plan not later than 90 days after the vided, That this section shall apply only to in this Act may be used for first-class travel date of enactment of the Act detailing the individuals transporting on their person a by the employees of agencies funded by this allocation of these funds. personal-use quantity of the prescription Act in contravention of sections 301–10.122 SEC. 541. None of the funds appropriated or drug, not to exceed a 90-day supply: Provided through 301–10.124 of title 41, Code of Federal otherwise made available by this Act may be further, That the prescription drug may not Regulations. used by the Department of Homeland Secu- be— SEC. 535. None of the funds made available rity to enter into any Federal contract un- (1) a controlled substance, as defined in in this Act may be used to employ workers less such contract is entered into in accord- section 102 of the Controlled Substances Act described in section 274A(h)(3) of the Immi- ance with the requirements of subtitle I of (21 U.S.C. 802); or gration and Nationality Act (8 U.S.C. title 41, United States Code, or chapter 137 of (2) a biological product, as defined in sec- 1324a(h)(3)). title 10, United States Code, and the Federal tion 351 of the Public Health Service Act (42 SEC. 536. (a) Any company that collects or Acquisition Regulation, unless such contract U.S.C. 262). retains personal information directly from is otherwise authorized by statute to be en- SEC. 527. None of the funds in this Act shall any individual who participates in the Reg- tered into without regard to the above ref- be used to reduce the United States Coast istered Traveler or successor program of the erenced statutes. Guard’s Operations Systems Center mission Transportation Security Administration SEC. 542. (a) For an additional amount for or its government-employed or contract staff shall hereafter safeguard and dispose of such financial systems modernization, $34,072,000 levels. information in accordance with the require- to remain available until September 30, 2016. SEC. 528. The Secretary of Homeland Secu- ments in— (b) Funds made available in subsection (a) rity, in consultation with the Secretary of (1) the National Institute for Standards for financial systems modernization may be the Treasury, shall notify the Committees and Technology Special Publication 800–30, transferred by the Secretary of Homeland on Appropriations of the Senate and the entitled ‘‘Risk Management Guide for Infor- Security between appropriations for the House of Representatives of any proposed mation Technology Systems’’; same purpose, notwithstanding section 503 of transfers of funds available under section (2) the National Institute for Standards this Act. 9703.1(g)(4)(B) of title 31, United States Code and Technology Special Publication 800–53, (c) No transfer described in subsection (b) (as added by Public Law 102–393) from the Revision 3, entitled ‘‘Recommended Security shall occur until 15 days after the Commit- Department of the Treasury Forfeiture Fund Controls for Federal Information Systems tees on Appropriations of the Senate and the to any agency within the Department of and Organizations’’; and House of Representatives are notified of such Homeland Security: Provided, That none of (3) any supplemental standards established transfer. the funds identified for such a transfer may by the Administrator of the Transportation SEC. 543. Notwithstanding the 10 percent be obligated until the Committees on Appro- Security Administration (referred to in this limitation contained in section 503(c) of this priations of the Senate and the House of section as the ‘‘Administrator’’). Act, the Secretary of Homeland Security Representatives approve the proposed trans- (b) The airport authority or air carrier op- may transfer to the fund established by 8 fers. erator that sponsors the company under the U.S.C. 1101 note, up to $20,000,000 from appro- SEC. 529. None of the funds made available Registered Traveler program shall hereafter priations available to the Department of in this Act may be used for planning, test- be known as the ‘‘Sponsoring Entity’’. Homeland Security: Provided, That the Sec- ing, piloting, or developing a national identi- (c) The Administrator shall hereafter re- retary shall notify the Committees on Ap- fication card. quire any company covered by subsection (a) propriations of the Senate and the House of

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Notwithstanding any other provi- vided further, That continuous monitoring processing of passengers’’. sion of law, if the Secretary of Homeland Se- and diagnostics software procured by the (b) Section 560(g) of division D of Public curity determines that specific United funds made available by this section shall Law 113–6 is amended by inserting after States Immigration and Customs Enforce- not transmit to the Department of Homeland ‘‘payment of overtime’’ the following: ‘‘and ment Service Processing Centers or other Security any personally identifiable infor- the salaries, training and benefits of individ- United States Immigration and Customs En- mation or content of network communica- uals employed by U.S. Customs and Border forcement owned detention facilities no tions of other agencies’ users: Provided fur- Protection to support U.S. Customs and Bor- longer meet the mission need, the Secretary ther, That such software shall be installed, der Protection officers in performing law en- is authorized to dispose of individual Service maintained, and operated in accordance with forcement functions at ports of entry, in- Processing Centers or other United States all applicable privacy laws and agency-spe- cluding primary and secondary processing of Immigration and Customs Enforcement cific policies regarding network content. passengers’’. owned detention facilities by directing the (b) Funds made available under this sec- (c) The Commissioner of United States Administrator of General Services to sell all tion may not be used to supplant funds pro- Customs and Border Protection may modify real and related personal property which vided for any such system within an agency a reimbursable fee agreement in effect as of support Service Processing Centers or other budget. the date of enactment of this Act to include United States Immigration and Customs En- (c) Not later than July 1, 2015, the heads of costs specified in this section. SEC. 553. None of the funds made available forcement owned detention facilities, subject all Federal agencies shall submit to the in this Act may be used to pay for the travel to such terms and conditions as necessary to Committees on Appropriations of the Senate to or attendance of more than 50 employees protect Government interests and meet pro- and the House of Representatives expendi- of a single component of the Department of gram requirements: Provided, That the pro- ture plans for necessary cybersecurity im- ceeds, net of the costs of sale incurred by the Homeland Security, who are stationed in the provements to address known vulnerabilities United States, at a single international con- General Services Administration and United to information systems described in sub- States Immigration and Customs Enforce- ference unless the Secretary of Homeland section (a). Security, or a designee, determines that such ment, shall be deposited as offsetting collec- (d) Not later than October 1, 2015, and attendance is in the national interest and tions into a separate account that shall be semiannually thereafter, the head of each notifies the Committees on Appropriations available, subject to appropriation, until ex- Federal agency shall submit to the Director pended for other real property capital asset of the Senate and the House of Representa- of the Office of Management and Budget a re- tives within at least 10 days of that deter- needs of existing United States Immigration port on the execution of the expenditure plan and Customs Enforcement assets, excluding mination and the basis for that determina- for that agency required by subsection (c): tion: Provided, That for purposes of this sec- daily operations and maintenance costs, as Provided, That the Director of the Office of the Secretary deems appropriate: Provided tion the term ‘‘international conference’’ Management and Budget shall summarize shall mean a conference occurring outside of further, That any sale or collocation of feder- such execution reports and annually submit ally owned detention facilities shall not re- the United States attended by representa- such summaries to Congress in conjunction tives of the United States Government and sult in the maintenance of fewer than 34,000 with the annual progress report on imple- detention beds: Provided further, That the of foreign governments, international orga- mentation of the E-Government Act of 2002 nizations, or nongovernmental organiza- Committees on Appropriations of the Senate (Public Law 107–347), as required by section tions. and the House of Representatives shall be 3606 of title 44, United States Code. SEC. 554. None of the funds made available notified 15 days prior to the announcement (e) This section shall not apply to the leg- in this Act may be used to reimburse any of any proposed sale or collocation. islative and judicial branches of the Federal Federal department or agency for its partici- SEC. 545. The Commissioner of United Government and shall apply to all Federal pation in a National Special Security Event. States Customs and Border Protection and agencies within the executive branch except SEC. 555. With the exception of countries the Assistant Secretary of Homeland Secu- for the Department of Defense, the Central with preclearance facilities in service prior rity for United States Immigration and Cus- Intelligence Agency, and the Office of the Di- to 2013, none of the funds made available in toms Enforcement shall, with respect to fis- rector of National Intelligence. this Act may be used for new United States cal years 2015, 2016, 2017, and 2018, submit to SEC. 548. (a) None of the funds made avail- Customs and Border Protection air the Committees on Appropriations of the able in this Act may be used to maintain or preclearance agreements entering into force Senate and the House of Representatives, at establish a computer network unless such after February 1, 2014, unless— the time that the President’s budget pro- network blocks the viewing, downloading, (1) the Secretary of Homeland Security, in posal for fiscal year 2016 is submitted pursu- and exchanging of pornography. consultation with the Secretary of State, ant to the requirements of section 1105(a) of (b) Nothing in subsection (a) shall limit has certified to Congress that air title 31, United States Code, the information the use of funds necessary for any Federal, preclearance operations at the airport pro- required in the multi-year investment and State, tribal, or local law enforcement agen- vide a homeland or national security benefit management plans required, respectively, cy or any other entity carrying out criminal to the United States; under the headings ‘‘U.S. Customs and Bor- investigations, prosecution, or adjudication (2) United States passenger air carriers are der Protection, Salaries and Expenses’’ activities. not precluded from operating at existing under title II of division D of the Consoli- SEC. 549. None of the funds made available preclearance locations; and dated Appropriations Act, 2012 (Public Law in this Act may be used by a Federal law en- (3) a United States passenger air carrier is 112–74); ‘‘U.S. Customs and Border Protec- forcement officer to facilitate the transfer of operating at all airports contemplated for tion, Border Security Fencing, Infrastruc- an operable firearm to an individual if the establishment of new air preclearance oper- ture, and Technology’’ under such title; and Federal law enforcement officer knows or ations. section 568 of such Act. suspects that the individual is an agent of a SEC. 556. None of the funds made available SEC. 546. The Secretary of Homeland Secu- drug cartel unless law enforcement personnel by this or any other Act may be used by the rity shall ensure enforcement of all immi- of the United States continuously monitor Administrator of the Transportation Secu- gration laws (as defined in section 101(a)(17) or control the firearm at all times. rity Administration to implement, admin- of the Immigration and Nationality Act (8 SEC. 550. None of the funds provided in this ister, or enforce, in abrogation of the respon- U.S.C. 1101(a)(17))). or any other Act may be obligated to imple- sibility described in section 44903(n)(1) of SEC. 547. (a) Of the amounts made available ment the National Preparedness Grant Pro- title 49, United States Code, any requirement by this Act for ‘‘National Protection and gram or any other successor grant programs that airport operators provide airport-fi- Programs Directorate, Infrastructure Pro- unless explicitly authorized by Congress. nanced staffing to monitor exit points from tection and Information Security’’, SEC. 551. None of the funds made available the sterile area of any airport at which the $140,525,000 for the Federal Network Security in this Act may be used to provide funding Transportation Security Administration pro- program, project, and activity shall be used for the position of Public Advocate, or a suc- vided such monitoring as of December 1, 2013. to deploy on Federal systems technology to cessor position, within United States Immi- SEC. 557. In making grants under the head- improve the information security of agency gration and Customs Enforcement. ing ‘‘Firefighter Assistance Grants’’, the information systems covered by section SEC. 552. (a) Section 559 of division F of Secretary may grant waivers from the re- 3543(a) of title 44, United States Code: Pro- Public Law 113–76 is amended as follows: quirements in subsections (a)(1)(A), (a)(1)(B), vided, That funds made available under this (1) Subsection (f)(2)(B) is amended by add- (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 section shall be used to assist and support ing at the end: ‘‘Such transfer shall not be of the Federal Fire Prevention and Control Government-wide and agency-specific efforts required for personal property, including fur- Act of 1974 (15 U.S.C. 2229a). to provide adequate, risk-based, and cost-ef- niture, fixtures, and equipment.’’; and SEC. 558. (a) IN GENERAL.—Beginning on the fective cybersecurity to address escalating (2) Subsection (e)(3)(b) is amended by in- date of the enactment of this Act, the Sec- and rapidly evolving threats to information serting after ‘‘payment of overtime’’ the fol- retary shall not— security, including the acquisition and oper- lowing: ‘‘and the salaries, training and bene- (1) establish, collect, or otherwise impose ation of a continuous monitoring and fits of individuals employed by U.S. Customs any new border crossing fee on individuals diagnostics program, in collaboration with and Border Protection to support U.S. Cus- crossing the Southern border or the North- departments and agencies, that includes toms and Border Protection officers in per- ern border at a land port of entry; or

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(2) conduct any study relating to the impo- year before the end of the 30-day period be- SEC. 570. Notwithstanding section 404 or 420 sition of a border crossing fee. ginning on the date on which the Secretary of the Robert T. Stafford Disaster Relief and (b) BORDER CROSSING FEE DEFINED.—In this of Homeland Security submits to Congress a Emergency Assistance Act (42 U.S.C. 5170c section, the term ‘‘border crossing fee’’ notification that includes— and 5187), until September 30, 2015, the Presi- means a fee that every pedestrian, cyclist, (1) the number of full-time equivalent em- dent may provide hazard mitigation assist- and driver and passenger of a private motor ployee positions affected by such change; ance in accordance with such section 404 in vehicle is required to pay for the privilege of (2) funding required for such change for the any area in which assistance was provided crossing the Southern border or the North- current year and through the Future Years under such section 420. ern border at a land port of entry. Homeland Security Program; SEC. 571. That without regard to the limi- SEC. 559. The administrative law judge an- (3) justification for such change; and tation as to time and condition of section nuitants participating in the Senior Admin- (4) an analysis of compensation alter- 503(d) of this Act, the Secretary may propose istrative Law Judge Program managed by natives to such change that were considered to reprogram within and transfer funds into the Director of the Office of Personnel Man- by the Department. ‘‘U.S. Customs and Border Protection, Sala- agement under section 3323 of title 5, United SEC. 565. (a) Any agency receiving funds ries and Expenses’’ and ‘‘U.S. Immigration States Code, shall be available on a tem- made available in this Act, shall, subject to and Customs Enforcement, Salaries and Ex- porary reemployment basis to conduct arbi- subsections (b) and (c), post on the public penses’’ as necessary to ensure the care and trations of disputes arising from delivery of Web site of that agency any report required transportation of unaccompanied alien chil- assistance under the Federal Emergency to be submitted by the Committees on Ap- dren. Management Agency Public Assistance Pro- propriations of the Senate and the House of SEC. 572. Notwithstanding any other provi- gram. Representatives in this Act, upon the deter- sion of law, grants awarded to States along SEC. 560. As authorized by section 601(b) of mination by the head of the agency that it the Southwest Border of the United States the United States-Colombia Trade Pro- shall serve the national interest. under sections 2003 or 2004 of the Homeland motion Agreement Implementation Act (b) Subsection (a) shall not apply to a re- Security Act of 2002 (6 U.S.C. 604 and 605) (Public Law 112–42) fees collected from pas- port if— using funds provided under the heading sengers arriving from Canada, Mexico, or an (1) the public posting of the report com- ‘‘Federal Emergency Management Agency, adjacent island pursuant to section promises homeland or national security; or State and Local Programs’’ in division F of 13031(a)(5) of the Consolidated Omnibus (2) the report contains proprietary infor- Public Law 113–76 or division D of Public Budget Reconciliation Act of 1985 (19 U.S.C. mation. Law 113–6 may be used by recipients or sub- 58c(a)(5)) shall be available until expended. (c) The head of the agency posting such re- recipients for costs, or reimbursement of SEC. 561. None of the funds appropriated by port shall do so only after such report has costs, related to providing humanitarian re- this or any other Act shall be used to pay the been made available to the requesting Com- lief to unaccompanied alien children and salaries and expenses of personnel who pre- mittee or Committees of Congress for no less alien adults accompanied by an alien minor pare or submit appropriations language as than 45 days except as otherwise specified in where they are encountered after entering part of the President’s budget submission to law. the United States, provided that such costs the Congress of the United States for pro- SEC. 566. Section 605 of division E of Public were incurred during the award period of per- grams under the jurisdiction of the Appro- Law 110–161 (6 U.S.C. 1404) is hereby repealed. formance. priations Subcommittees on the Department SEC. 567. The Administrator of the Federal (RESCISSIONS) Emergency Management Agency may trans- of Homeland Security that assumes revenues SEC. 573. Of the funds appropriated to the fer up to $95,000,000 in unobligated balances or reflects a reduction from the previous Department of Homeland Security, the fol- made available for the appropriations ac- year due to user fees proposals that have not lowing funds are hereby rescinded from the count for ‘‘Federal Emergency Management been enacted into law prior to the submis- following accounts and programs in the spec- Agency, Disaster Assistance Direct Loan sion of the budget unless such budget sub- ified amounts: Provided, That no amounts Program’’ under section 2(a) of the Commu- mission identifies which additional spending may be rescinded from amounts that were nity Disaster Loan Act of 2005 (Public Law reductions should occur in the event the user designated by the Congress as an emergency 109–88; 119 Stat. 2061) or under chapter 5 of fees proposals are not enacted prior to the requirement pursuant to a concurrent reso- title I of division B of the Consolidated Secu- date of the convening of a committee of con- lution on the budget or the Balanced Budget rity, Disaster Assistance, and Continuing ference for the fiscal year 2016 appropriations and Emergency Deficit Control Act of 1985 Appropriations Act, 2009 (Public Law (110– Act. (Public Law 99–177): EC. 562. (a) The Secretary of Homeland 329; 122 Stat. 3592) to the appropriations ac- S (1) $5,000,000 from unobligated prior year Security shall submit to the Congress, not count for ‘‘Federal Emergency Management balances from ‘‘U.S. Customs and Border later than 180 days after the date of enact- Agency, Disaster Relief Fund’’. Amounts Protection, Border Security, Fencing, Infra- ment of this Act and annually thereafter, be- transferred to such account under this sec- structure, and Technology’’; ginning at the time the President’s budget tion shall be available for any authorized (2) $8,000,000 from Public Law 113–76 under proposal for fiscal year 2017 is submitted pur- purpose of such account. the heading ‘‘U.S. Customs and Border Pro- suant to section 1105(a) of title 31, United SEC. 568. Notwithstanding any other provi- tection, Air and Marine Operations’’ in divi- States Code, a comprehensive report on the sion of law, Gerardo Ismael Hernandez, a sion F of such Act; purchase and usage of weapons, subdivided Transportation Security Officer employed by (3) $10,000,000 from unobligated prior year by weapon type. The report shall include— the Transportation Security Administration balances from ‘‘U.S. Customs and Border (1) the quantity of weapons in inventory at who died as the direct result of an injury Protection, Construction and Facilities Man- the end of the preceding calendar year, and sustained in the line of duty on November 1, agement’’; the amount of weapons, subdivided by weap- 2013, at the Los Angeles International Air- (4) $15,300,000 from ‘‘Transportation Secu- on type, included in the budget request for port, shall be deemed to have been a public rity Administration, Aviation Security’’ ac- each relevant component or agency in the safety officer for the purposes of the Omni- count 70x0550; Department of Homeland Security; bus Crime Control and Safe Street Act of (5) $187,000,000 from Public Law 113–76 (2) a description of how such quantity and 1968 (42 U.S.C. 3711 et seq.). under the heading ‘‘Transportation Security purchase aligns to each component or agen- SEC. 569. The Office of Management and Administration, Aviation Security’’; cy’s mission requirements for certification, Budget and the Department of Homeland Se- (6) $2,550,000 from Public Law 112–10 under qualification, training, and operations; and curity shall ensure the congressional budget the heading ‘‘Coast Guard, Acquisition, Con- (3) details on all contracting practices ap- justifications accompanying the President’s struction, and Improvements’’; plied by the Department of Homeland Secu- budget proposal for the Department of (7) $12,095,000 from Public Law 112–74 under rity, including comparative details regarding Homeland Security, submitted pursuant to the heading ‘‘Coast Guard, Acquisition, Con- other contracting options with respect to section 1105(a) of title 31, United States struction, and Improvements’’; cost and availability. Code, include estimates of the number of un- (8) $16,349,000 from Public Law 113–6 under (b) The reports required by subsection (a) accompanied alien children anticipated to be the heading ‘‘Coast Guard, Acquisition, Con- shall be submitted in an appropriate format apprehended in the budget year and the num- struction, and Improvements’’; in order to ensure the safety of law enforce- ber of agent or officer hours required to proc- (9) $30,643,000 from Public Law 113–76 under ment personnel. ess, manage, and care for such children: Pro- the heading ‘‘Coast Guard, Acquisition, Con- SEC. 563. None of the funds made available vided, That such materials shall also include by this Act shall be used for the environ- estimates of all other associated costs for struction, and Improvements’’; mental remediation of the Coast Guard’s each relevant Departmental component, in- (10) $24,000,000 from ‘‘Federal Emergency LORAN support in Wildwood/Lower Town- cluding but not limited to personnel; equip- Management Agency, National Predisaster ship, New Jersey. ment; supplies; facilities; managerial, tech- Mitigation Fund’’ account 70x0716; and SEC. 564. None of the funds made available nical, and advisory services; medical treat- (11) $16,627,000 from ‘‘Science and Tech- to the Department of Homeland Security by ment; and all costs associated with trans- nology, Research, Development, Acquisition, this or any other Act may be obligated for porting such children from one Depart- and Operations’’ account 70x0800. any structural pay reform that affects more mental component to another or from a De- (RESCISSION) than 100 full-time equivalent employee posi- partmental component to another Federal SEC. 574. From the unobligated balances tions or costs more than $5,000,000 in a single agency. made available in the Department of the

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Treasury Forfeiture Fund established by sec- (RESCISSION) (11) The memorandum from the President tion 9703 of title 31, United States Code, SEC. 577. Of the unobligated balances made entitled ‘‘Creating Welcoming Communities (added by section 638 of Public Law 102–393), available to ‘‘Federal Emergency Manage- and Fully Integrating Immigrants and Refu- $175,000,000 shall be rescinded. ment Agency, Disaster Relief Fund’’, gees’’ dated November 21, 2014. (b) The memoranda referred to in sub- (RESCISSIONS) $375,000,000 shall be rescinded: Provided, That no amounts may be rescinded from amounts section (a) (or any substantially similar pol- SEC. 575. Of the funds transferred to the that were designated by the Congress as an icy changes issued or taken on or after Janu- Department of Homeland Security when it emergency requirement pursuant to a con- ary 9, 2015, whether set forth in memo- was created in 2003, the following funds are current resolution on the budget or the Bal- randum, Executive order, regulation, direc- hereby rescinded from the following ac- anced Budget and Emergency Deficit Control tive, or by other action) have no statutory or counts and programs in the specified Act of 1985, as amended: Provided further, constitutional basis and therefore have no amounts: That no amounts may be rescinded from the legal effect. (c) No funds or fees made available to the (1) $1,317,018 from ‘‘U.S. Customs and Bor- amounts that were designated by the Con- Secretary of Homeland Security, or to any der Protection, Salaries and Expenses’’; gress as being for disaster relief pursuant to other official of a Federal agency, by this (2) $57,998 from ‘‘Coast Guard, Acquisition, section 251(b)(2)(D) of the Balanced Budget Construction, and Improvements’’; Act or any other Act for any fiscal year, in- and Emergency Deficit Control Act of 1985. cluding any deposits into the ‘‘Immigration (3) $17,597 from ‘‘Federal Emergency Man- SEC. 578. The explanatory statement re- agement Agency, Office of Domestic Pre- Examinations Fee Account’’ established garding this Act, printed in the House of under section 286(m) of the Immigration and paredness’’; and Representatives section of the Congressional (4) $82,926 from ‘‘Federal Emergency Man- Nationality Act (8 U.S.C. 1356(m)), may be Record, on or about January 13, 2015, by the used to grant any Federal benefit to any agement Agency, National Predisaster Miti- Chairman of the Committee on Appropria- gation Fund’’. alien pursuant to any of the policy changes tions of the House, shall have the same effect set forth in the memoranda referred to in SEC. 576. The following unobligated bal- with respect to the allocation of funds and subsection (a) (or any substantially similar ances made available to the Department of implementation of this Act as if it were a policy changes issued or taken on or after Homeland Security pursuant to section 505 joint explanatory statement of a committee January 9, 2015, whether set forth in memo- of the Department of Homeland Security Ap- of conference. randum, Executive order, regulation, direc- propriations Act, 2014 (Public Law 113–76) are SEC. 579. (a) No funds, resources, or fees tive, or by other action). rescinded: made available to the Secretary of Homeland (d) The budgetary effects of this section (1) $463,404 from ‘‘Office of the Secretary Security, or to any other official of a Federal shall not be entered on either PAYGO score- and Executive Management’’; agency, by this Act or any other Act for any card maintained pursuant to section 4(d) of (2) $47,023 from ‘‘Office of the Under Sec- fiscal year, including any deposits into the the Statutory Pay-As-You-Go Act of 2010. retary for Management’’; ‘‘Immigration Examinations Fee Account’’ (e) Notwithstanding Rule 3 of the Budget (3) $29,852 from ‘‘Office of the Chief Finan- established under section 286(m) of the Im- Scorekeeping Guidelines set forth in the cial Officer’’; migration and Nationality Act (8 U.S.C. joint explanatory statement of the com- (4) $16,346 from ‘‘Office of the Chief Infor- 1356(m)), may be used to implement, admin- mittee of conference accompanying Con- mation Officer’’; ister, enforce, or carry out (including ference Report 105–217 and section 250(c)(8) of (5) $816,384 from ‘‘Analysis and Oper- through the issuance of any regulations) any the Balanced Budget and Emergency Deficit ations’’; of the policy changes set forth in the fol- Control Act of 1985, the budgetary effects of (6) $158,931 from ‘‘Office of Inspector Gen- lowing memoranda (or any substantially this section shall not be estimated— eral’’; similar policy changes issued or taken on or (1) for purposes of section 251 of the such (7) $635,153 from ‘‘U.S. Customs and Border after January 9, 2015, whether set forth in Act; and Protection, Salaries and Expenses’’; memorandum, Executive order, regulation, (2) for purposes of paragraph 4(C) of section (8) $65,195 from ‘‘U.S. Customs and Border directive, or by other action): 3 of the Statutory Pay-As-You-Go Act of 2010 Protection, Automation Modernization’’; (1) The memorandum from the Secretary of as being included in an appropriation Act. (9) $96,177 from ‘‘U.S. Customs and Border Homeland Security entitled ‘‘Southern Bor- SEC. 580. (a) No funds or fees made avail- Protection, Air and Marine Operations’’; der and Approaches Campaign’’ dated No- able to the Secretary of Homeland Security (10) $2,368,902 from ‘‘U.S. Immigration and vember 20, 2014. by this Act or any other Act for any fiscal Customs Enforcement, Salaries and Ex- (2) The memorandum from the Secretary of year may be used to implement, administer, penses’’; Homeland Security entitled ‘‘Policies for the enforce, or carry out (including through the (11) $600,000 from ‘‘Transportation Security Apprehension, Detention and Removal of Un- issuance of any regulations) any policy relat- Administration, Federal Air Marshals’’; documented Immigrants’’ dated November ing to the apprehension, detention, or re- (12) $3,096,521 from ‘‘Coast Guard, Oper- 20, 2014. moval of aliens that does not treat any alien ating Expenses’’; (3) The memorandum from the Secretary of convicted of any offense involving domestic (13) $208,654 from ‘‘Coast Guard, Reserve Homeland Security entitled ‘‘Secure Com- violence, sexual abuse, child molestation, or Training’’; munities’’ dated November 20, 2014. child exploitation as within the categories of (14) $1,722,319 from ‘‘Coast Guard, Acquisi- (4) The memorandum from the Secretary of aliens subject to the Department of Home- tion, Construction, and Improvements’’; Homeland Security entitled ‘‘Exercising land Security’s highest civil immigration en- (15) $1,256,900 from ‘‘United States Secret Prosecutorial Discretion with Respect to In- forcement priorities. Service, Salaries and Expenses’’; dividuals Who Came to the United States as (b) The budgetary effects of this section (16) $107,432 from ‘‘National Protection and Children and with Respect to Certain Indi- shall not be entered on either PAYGO score- card maintained pursuant to section 4(d) of Programs Directorate, Management and Ad- viduals Who Are the Parents of U.S. Citizens the Statutory Pay-As-You-Go Act of 2010. ministration’’; or Permanent Residents’’ dated November 20, (c) Notwithstanding Rule 3 of the Budget (17) $679,212 from ‘‘National Protection and 2014. Scorekeeping Guidelines set forth in the Programs Directorate, Infrastructure Pro- (5) The memorandum from the Secretary of joint explanatory statement of the com- tection and Information Security’’; Homeland Security entitled ‘‘Expansion of mittee of conference accompanying Con- (18) $26,169 from ‘‘Office of Biometric Iden- the Provisional Waiver Program’’ dated No- ference Report 105–217 and section 250(c)(8) of tity Management’’; vember 20, 2014. the Balanced Budget and Emergency Deficit (19) $37,201 from ‘‘Office of Health Affairs’’; (6) The memorandum from the Secretary of Control Act of 1985, the budgetary effects of (20) $818,184 from ‘‘Federal Emergency Homeland Security entitled ‘‘Policies Sup- this section shall not be estimated— Management Agency, Salaries and Ex- porting U.S. High-Skilled Businesses and (1) for purposes of section 251 of the such penses’’; Workers’’ dated November 20, 2014. Act; and (21) $447,280 from ‘‘Federal Emergency (7) The memorandum from the Secretary of (2) for purposes of paragraph 4(C) of section Management Agency, State and Local Pro- Homeland Security entitled ‘‘Families of 3 of the Statutory Pay-As-You-Go Act of 2010 grams’’; U.S. Armed Forces Members and Enlistees’’ as being included in an appropriation Act. (22) $98,841 from ‘‘Federal Emergency Man- dated November 20, 2014. SEC. 581. (a) The Congress finds that— agement Agency, United States Fire Admin- (8) The memorandum from the Secretary of (1) under the Patient Protection and Af- istration’’; Homeland Security entitled ‘‘Directive to fordable Care Act (Public Law 111–148), many (23) $448,073 from ‘‘United States Citizen- Provide Consistency Regarding Advance Pa- individuals and businesses are required to ship and Immigration Services’’; role’’ dated November 20, 2014. purchase health insurance coverage for (24) $519,503 from ‘‘Federal Law Enforce- (9) The memorandum from the Secretary of themselves and their employees; ment Training Center, Salaries and Ex- Homeland Security entitled ‘‘Policies to (2) individuals who were unlawfully present penses’’; Promote and Increase Access to U.S. Citizen- in the United States who have been granted (25) $500,005 from ‘‘Science and Technology, ship’’ dated November 20, 2014. deferred action under the Deferred Action for Management and Administration’’; and (10) The memorandum from the President Childhood Arrivals Program undertaken by (26) $68,910 from ‘‘Domestic Nuclear Detec- entitled ‘‘Modernizing and Streamlining the the Executive Branch and who then receive tion Office, Management and Administra- U.S. Immigrant Visa System for the 21st work authorization are exempt from these tion’’. Century’’ dated November 21, 2014. requirements;

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(3) many United States employers hiring COMMITTEE ON COMMERCE, SCIENCE, AND SELECT COMMITTEE ON INTELLIGENCE United States citizens or individuals legally TRANSPORTATION Mr. CORNYN. Mr. President, I ask present in the United States are required to Mr. CORNYN. Mr. President, I ask unanimous consent that the Select either offer those persons affordable health unanimous consent that the Com- Committee on Intelligence be author- insurance or pay a penalty of approximately mittee on Commerce, Science, and ized to meet during the session of the $3,000 per employee per year; and (4) an employer does not have to provide Transportation be authorized to meet Senate on February 4, 2015, at 2:00 p.m. insurance, or in many instances pay a pen- during the session of the Senate on The PRESIDING OFFICER. Without alty, if they hire individuals who were not February 4, at 2:30 p.m. in room SR–253 objection, it is so ordered. lawfully present but who have been granted of the Russell Senate Office Building to SPECIAL COMMITTEE ON AGING deferred action under the Deferred Action for conduct a subcommittee hearing enti- Mr. CORNYN. Mr. President, I ask Childhood Arrivals Program and work au- tled, ‘‘The Impacts of Vessel Discharge unanimous consent that the Special thorization. Regulations on Our Shipping and Fish- Committee on Aging be authorized to (b) It is the sense of the Congress that— ing Industries.’’ meet during the session of the Senate (1) this disparate treatment has the unac- on February 4, 2015, in room SD–562 of ceptable effect of discouraging the hiring of The PRESIDING OFFICER. Without United States citizens and those in a lawful objection, it is so ordered. the Dirksen Senate Office Building at immigration status in the United States; and COMMITTEE ON ENVIRONMENT AND PUBLIC 2:30 p.m., to conduct a hearing entitled (2) the Executive Branch should refrain WORKS ‘‘Broken Trust: Combating Financial from pursuing policies, such as granting de- Mr. CORNYN. Mr. President, I ask Exploitation of Vulnerable Seniors.’’ ferred action under the Deferred Action for unanimous consent that the Com- The PRESIDING OFFICER. Without Childhood Arrivals Program and work au- mittee on Environment and Public objection, it is so ordered. thorization to unlawfully present individ- Works be authorized to meet for a joint The PRESIDING OFFICER (Mr. uals, that disadvantage the hiring of United ALEXANDER). The majority leader. States citizens and those in a lawful immi- hearing with the House Transportation f gration status in the United States. and Infrastructure Committee during SEC. 582. It is the sense of the Congress the session of the Senate on February CONGRATULATING THE NEW ENG- that the Director of United States Citizen- 4, 2015 at 10 a.m., in room HVC–210 of LAND PATRIOTS ON THEIR VIC- ship and Immigration Services (USCIS) the Capitol Visitor Center, to conduct TORY IN SUPER BOWL XLIX should— a hearing entitled ‘‘Impacts of the Pro- (1) stop putting the interests of aliens who Mr. MCCONNELL. Mr. President, I posed Waters of the United States Rule ask unanimous consent that the Com- are unlawfully present in the United States on State and Local Governments.’’ ahead of the interests of aliens who are fol- merce, Science, and Transportation lowing proper immigration laws and proce- The PRESIDING OFFICER. Without Committee be discharged from consid- dures by adjudicating petitions and applica- objection, it is so ordered. eration of S. Res. 63 and the Senate tions for immigration benefits submitted by COMMITTEE ON FINANCE proceed to its immediate consider- aliens unlawfully present in the United Mr. CORNYN. Mr. President, I ask ation. States. When USCIS adjudicators and re- unanimous consent that the Com- The PRESIDING OFFICER. Without sources are used to adjudicate petitions and mittee on Finance be authorized to objection, it is so ordered. applications for aliens who are unlawfully present, the time it takes to process peti- meet during the session of the Senate The clerk will report the resolution tions and applications submitted by other on February 4, 2015, at 10 a.m., in room by title. aliens is significantly increased and a back- SD–215 Dirksen Senate Office Building, The assistant legislative clerk read log is created. In addition, it is unfair to use to conduct a hearing entitled, ‘‘The as follows: the fees paid by other aliens to cover the President’s Budget for Fiscal Year A resolution (S. Res. 63) congratulating the costs of adjudicating petitions and applica- 2016.’’ New England Patriots on their victory in tions for aliens unlawfully present in the The PRESIDING OFFICER. Without Super Bowl XLIX. United States; and objection, it is so ordered. There being no objection, the Senate (2) use the funds available under existing proceeded to consider the resolution. COMMITTEE ON FOREIGN RELATIONS law to improve services and increase the effi- Mr. MCCONNELL. I ask unanimous ciency of the immigration benefits applica- Mr. CORNYN. Mr. President, I ask consent that the resolution be agreed tion process for aliens abroad or who are unanimous consent that the Com- to, the preamble be agreed to, and the lawfully present in the United States. mittee on Foreign Relations be author- This Act may be cited as the ‘‘Department motions to reconsider be considered ized to meet during the session of the made and laid upon the table with no of Homeland Security Appropriations Act, Senate on February 4, 2015, at 9:30 a.m., 2015’’. intervening action or debate. to conduct a hearing entitled ‘‘Ending The PRESIDING OFFICER. Without f Modern Slavery: What is the Best way objection, it is so ordered. Forward?’’ The resolution (S. Res. 63) was agreed AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without to. MEET objection, it is so ordered. The preamble was agreed to. COMMITTEE ON ARMED SERVICES COMMITTEE ON HOMELAND SECURITY AND (The resolution, with its preamble, is Mr. CORNYN. Mr. President, I ask GOVERNMENTAL AFFAIRS printed in the RECORD of February 3, unanimous consent that the Com- Mr. CORNYN. Mr. President, I ask 2015, under ‘‘Submitted Resolutions.’’) mittee on Armed Services be author- unanimous consent that the Com- f ized to meet during the session of the mittee on Homeland Security and Gov- AUTHORIZING USE OF THE Senate on February 4, 2015, at 9:30 a.m. ernmental Affairs be authorized to CAPITOL ROTUNDA The PRESIDING OFFICER. Without meet during the session of the Senate objection, it is so ordered. on February 4, 2015, at 10 a.m., to con- Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- COMMITTEE ON COMMERCE, SCIENCE, AND duct a hearing entitled ‘‘Deferred Ac- ate proceed to the consideration of H. TRANSPORTATION tion on Immigration: Implications and Unanswered Questions.’’ Con. Res. 12, which is at the desk. Mr. CORNYN. Mr. President, I ask The PRESIDING OFFICER. The unanimous consent that the Com- The PRESIDING OFFICER. Without objection, it is so ordered. clerk will report the concurrent resolu- mittee on Commerce, Science, and tion by title. Transportation be authorized to meet COMMITTEE ON INDIAN AFFAIRS The assistant legislative clerk read during the session of the Senate on Mr. CORNYN. Mr. President, I ask as follows: February 4, at 10 a.m. in room SR–253 unanimous consent that the Com- A concurrent resolution (H. Con. Res. 12) of the Russell Senate Office Building to mittee on Indian Affairs be authorized authorizing the use of the rotunda of the conduct a hearing entitled, ‘‘Building a to meet during the session of the Sen- United States Capitol for a ceremony to More Secure Cyber Future: Examining ate on February 4, 2015, in room SD–628 present the Congressional Gold Medal to Private Sector Experience with NIST of the Dirksen Senate Office Building, Jack Nicklaus. Framework.’’ at 2:30 p.m. There being no objection, the Senate The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without proceeded to consider the concurrent objection, it is so ordered. objection, it is so ordered. resolution.

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S799 Mr. MCCONNELL. I ask unanimous The Senator from Alabama. Security, shutdown to get their way on im- migration. consent that the concurrent resolution f be agreed to and the motion to recon- This is how Senator SCHUMER framed DEPARTMENT OF HOMELAND sider be laid upon the table with no in- it: SECURITY FUNDING tervening action or debate. They’re saying take our hard right stance The PRESIDING OFFICER. Without Mr. SESSIONS. Mr. President, we are on immigration or we won’t fund national objection, it is so ordered. in an odd world. Our Democratic col- security. The concurrent resolution (H. Con. leagues continue to have the gall to He goes on to say: suggest and state that the Republicans Res. 12) was agreed to. We think the American people are on our are blocking funding for homeland se- f side. We’re willing to have that debate. curity in America when nothing could MEASURE READ THE FIRST be further from the truth. Well, why don’t we have it? Why TIME—H.R. 596 I guess they have gotten away with don’t we bring the bill up and let’s blaming Republicans for blocking have the debate if he wants to offer Mr. MCCONNELL. Mr. President, I amendments contrary to what the understand there is a bill at the desk things, so they just keep on saying it. But the House has fully funded all the House did? and I ask for its first reading. But remember, the House didn’t do The PRESIDING OFFICER. The legal policies and programs within Homeland Security, and they sent the anything but say we are going to spend clerk will read the bill by title for the money on all the programs in Home- first time. bill over here. What did they do? They simply said: land Security. It didn’t defund any of The assistant legislative clerk read You can’t take money out of homeland them. It didn’t change any of those as follows: security enforcement for immigration rules. A bill (H.R. 596) to repeal the Patient Pro- and border security, and spend it on ac- So, is it really true? Do only right- tection and Affordable Care Act and health tivities that violate the law, that un- wing Republicans want to end the care-related provisions in the Health Care President’s unlawful actions? No, no, and Education Reconciliation Act of 2010, dermine immigration law, that in fact and for other purposes. are contrary to immigration law—that no. That is not what the truth is. the President has said he intends to do Why don’t I share with our col- Mr. MCCONNELL. I now ask for its leagues here what many of our Demo- second reading and, in order to place no matter what Congress does, no mat- ter what the American people want. He cratic Senators have said about the the bill on the calendar under the pro- President’s unlawful action. Here is visions of rule XIV, I object to my own says he is going to do it anyway. They simply say we are not going to fund what the junior Senator from Indiana request. said: The PRESIDING OFFICER. Objec- that. tion is heard. So it comes over to pass. It fully It is clear the immigration system in this funds the Department of Homeland Se- country is broken, and only Congress has the The bill will be read for the second ability to change the law to fix it . . . I am time on the next legislative day. curity. It doesn’t change any of the laws in Homeland Security—and they as frustrated as anyone that Congress is not f say this is being obstructed by the Re- doing its job, but the President shouldn’t make such significant policy changes on his ORDERS FOR THURSDAY, publicans. own. FEBRUARY 5, 2015 But look. What does the media say about it? How is it being reported? That was just November last year. Mr. MCCONNELL. Mr. President, I Here is Politico: ‘‘Democrats fili- The senior Senator from Missouri ask unanimous consent that when the buster Department of Homeland Secu- said: Senate completes its business today, it rity bill.’’ That was yesterday. And Our immigration system is broken, and I adjourn until 10:30 a.m. on Thursday, that is exactly what is happening. support a comprehensive plan to fix it, but February 5, 2015; that following the They are filibustering the bill and say- executive orders aren’t the way to do it. prayer and pledge, the morning hour be ing Republicans are blocking it, when The senior Senator from West Vir- deemed expired, the Journal of pro- all that the Republicans are saying is: ginia: ceedings be approved to date, and the Let’s get on the bill. We can’t even get I disagree with the President’s decision to time for the two leaders be reserved for on the bill so amendments can be of- use executive action to make changes to our their use later in the day. I further ask fered because they are filibustering the immigration system. that following leader remarks, the Sen- motion to proceed to the bill, blocking The junior Senator from North Da- ate resume consideration of the motion us even getting on the legislation so kota: to proceed to H.R. 240, with the time amendments can be offered. I’m disappointed the president decided to until 11:30 a.m. equally divided in the If they are not happy with anything use executive action at this time on this usual form, and that the mandatory in the bill—the language the House put issue. . . . It’s Congress’ job to pass legisla- quorum call with respect to the cloture in or anything else—they can offer tion and deal with issues of this magnitude. vote and the motion to proceed to H.R. amendments to deal with it and strike Isn’t that true. 240 be waived. it out. The junior Senator from Maine: The PRESIDING OFFICER (Mr. LEE). That is what Politico said. I also have constitutional concerns about Without objection, it is so ordered. How about the New York Times. where prosecutorial discretion ends and un- f They are always favoring Democratic constitutional executive authority begins. PROGRAM immigration policies. This is their Well, I share that thought. headline: ‘‘Senate Democrats Block The junior Senator from Minnesota: Mr. MCCONNELL. Mr. President, the Republicans’ Homeland Security Bill.’’ cloture vote on the motion to proceed I have concerns about executive action. Isn’t that true? That is exactly true. . . . This is a job for Congress. will occur at 11:30 a.m. tomorrow How about the Atlantic. I think this morning. is almost amusing: ‘‘The New Demo- The senior Senator from Virginia: f cratic Obstructionists.’’ That is the . . . the best way to get a comprehensive so- lution is to take this through the legislative ORDER FOR ADJOURNMENT headline in their publication. So I would push back at this. Are we process. Mr. MCCONNELL. Mr. President, if through the looking glass? Are we So are those right-wingers? Are those there is no further business to come be- down the rabbit hole into never-never people who can’t be trusted to put the fore the Senate, I ask unanimous con- land? Where are we? public interest first? Are they exag- sent that it stand adjourned under the My good friend Senator SCHUMER, gerating? Are they somehow all in previous order, following the remarks one of our able advocates here—and I error to question the power of the Pres- of Senator STABENOW and Senator SES- really admire him. But this is what he idency to execute this policy? SIONS. said earlier today: No, and I will cite one more national The PRESIDING OFFICER. Without The right wing of the Republican party is leader that is well known. I would cite objection, it is so ordered. risking a D.H.S., a Department of Homeland President Obama himself, who on 20

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S800 CONGRESSIONAL RECORD — SENATE February 4, 2015 different occasions said he did not have around Congress and take executive ac- Female voters support this action by power to do what he now has done. So tion on immigration policy.’’ This was a 3-to-1 margin. Hispanic voters sup- Congress is not passing any new law. done back in August of last year. port the measure by a 19-point margin, Congress is not passing any new power. ‘‘Which do you support more: President 56 to 37 percent. I would say blue-collar Congress is simply saying: Mr. Presi- Obama changing immigration policy voters, people who go to work every dent, you cannot create new laws and on his own, or President Obama work- day, strongly oppose the President’s fund new programs that are contrary ing with Congress to change immigra- action by more than a 3-to-1 margin. to existing law, in violation of existing tion policy?’’ Well, 74 percent said he One in three Obama voters opposes his law, and in violation of the wishes of should work with Congress. Only 21 Executive action, overall. the American people and the decided percent said he should do it on his own. We are not going to stop. President actions of Congress itself. How about Independents? How about Obama does not have the authority to Remember all these ideas were pre- the Independents—not conservative do this. It is a challenge institutionally sented to Congress, and Congress re- rightwingers? What do they view as to to this body. No matter what you feel jected them. They were elected to rep- whether the President should work about amnesty or providing benefits resent the people of the United States with Congress and pass a law in the or- for people here unlawfully, it is of America, and they rejected these derly business according to legitimate Congress’s job, and we have to face up policies. So why should Congress fund processes or do it on his own? Among to it and wrestle with it. the President, who goes and does what Independents, 81 percent said he should Some say that if we don’t approve it, they now reject? work with Congress, and only 14 per- then we are not facing up to it. I don’t Well, Senator SCHUMER says he be- cent say he should do it on his own. agree. I think it is worth discussing lieves the American people are on his So this idea that somehow the Amer- and voting on it. So far Congress has side, or ‘‘our side,’’ the obstructionist ican people are all in support of Presi- rejected the President’s ideas of how it side, the side that is blocking Home- dent Obama’s outrageous actions, should be handled. I think they will land Security. which he himself 20 times said he had continue to do so. The American people Let’s look at the polling data. This is no power to do but did anyway, is just overwhelmingly want the Congress to a poll from Paragon Insights. The ques- false. It is not true, and it is not true defend their interests, to defend their tion to the American people was: the Republicans are blocking the right to work, to defend their declining Should you focus on bettering work Homeland Security bill, either. The wages, and to do something about the situations for Americans? Should that Democrats are filibustering the bill, wages that are declining, to do some- be our focus and not immigration ad- not allowing it to come to the floor so thing about the difficulty their chil- vancements or expansion. Among even an amendment can be voted on. dren have in finding a decent job—even Democrats, 64 percent said yes. Among What do our colleagues do? They college graduates. We don’t have a Independents, 75 percent said yes. seem to think that if they say the Re- shortage of workers in this country; we What about this: Do you believe pro- publicans are causing it to happen, have a shortage of jobs in this country. viding amnesty encourages illegal im- then the media will accept it. But the That is absolutely clear. migration? Democrats, 63 percent. Is media is not accepting this, and no- We can do this country a great serv- that part of the great rightwing con- body is accepting this. And I hope the ice, and we can do the struggling, hurt- spiracy? How about Independents—68 Democratic colleagues who openly ing middle-class workers a great serv- percent; Republicans, 88 percent. question this policy will re-evaluate ice if we slow down a bit in this unlaw- How about this: Do you believe ille- where they stand and think back. ful immigration flow. We have a gen- gal immigrants take jobs from vulner- Isn’t this the thing to do? Let’s move erous lawful flow. Let’s end the law- able citizens? Democrats, 57 percent; to the bill, and then we can debate all lessness and protect them, and maybe Independents, 73 percent. the language and all the issues that are their wages will begin to rise, for a How about this one: Do you believe relevant and see where we go from change, instead of falling, as they have amnesty is disastrous and unconstitu- there—not just block the bill. So I done for a decade. tional? Democrats, 53 percent; Inde- would urge colleagues to think that I thank the Chair, and I yield the pendents, 70 percent. through and change their view from floor. How about the question that illegal what they have been doing, which is The PRESIDING OFFICER. The Sen- immigrants take jobs from vulnerable supporting unanimously a filibuster. citizens. What do Hispanics say about Now there is some simple Paragon ator from Michigan. that? Mr. President, 65 percent of His- Insights polling data. It asked a simple Ms. STABENOW. Thank you, Mr. panics agree with that. policy question without reference to President. First, let me say to my What about the question that pro- Republicans and Democrats or Presi- friend from Alabama, I couldn’t agree viding amnesty encourages illegal im- dent Obama. What did they find in more that we need to focus on jobs. migration? We all know that it does, their poll, by a 50-point measure? There is no question about it. and 63 percent of Hispanics agree with The PRESIDING OFFICER (Mr. I couldn’t agree more that we need to that. What about the question: Am- TILLIS). The Senator’s time has ex- have a legal immigration system that nesty will hollow out the middle class. pired. works and that protects Americans We had a lot of talk about what to do Mr. SESSIONS. I ask unanimous con- first, in terms of jobs, people who are with the middle class. Ask the middle sent for 2 additional minutes. here legally, whether it is those work- class what they think for a change. The PRESIDING OFFICER. Without ing in agriculture, whether it is those Will amnesty hollow out the middle objection, it is so ordered. working in manufacturing or any other class? Independents—not Republicans, Mr. SESSIONS. I didn’t know we had part of our economy. We can very not Democrats, not rightwingers—73 a time limit. quickly, if the new majority wants to, percent agree; 62 percent of Hispanics By a 50-point margin voters want to bring an immigration bill and address agree with that statement. pass legislation making it harder to it. I think there are 68 of us, if I re- This idea somehow that the Amer- hire workers now illegally in the coun- member right, who voted for a pretty ican people support blocking the try—71 to 21. They want us to protect big bipartisan effort last year, a major Homeland Security bill to protect the American workers, to make it harder effort to actually fix a very broken sys- President’s unlawful Executive am- for businesses to hire people unlawfully tem. There were important protections nesty, that the American people sup- in the country. We are not doing any of in there for American workers. It is port the Democrats in doing that is not that. The President has given an Exec- something that would have been in- true. The data shows that, and that is utive order that provides 5 million peo- credibly important to get done and to consistent with my understanding. ple with work authorizations, Social put those prohibitions in. So this is not How about this question in a poll by Security cards, Social Security num- about that. Kellyanne Conway’s polling company, bers, and the right to take any job in It is very simple. The majority could a nationwide survey: ‘‘President America when we have a shortage of very quickly pass the funding for Obama recently said that he may go jobs in America. Homeland Security to keep us safe and

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE February 4, 2015 CONGRESSIONAL RECORD — SENATE S801 immediately go to the issue of immi- every single day. Customs and border whether to fund our Homeland Secu- gration, and I would support it whole- security, airport security, and police rity agencies that keep us safe from heartedly, as would colleagues on this and firefighters are on the frontlines ISIS and other terrorist threats. side of the aisle. every day protecting us. Let’s not for- I implore Republican colleagues to Here is what we don’t support: hold- get about the Coast Guard. All those join with us, regardless of the passion ing the security of our country hostage folks are on the frontlines protecting on this other issue. We can debate it. It while others debate policy, frankly, our families in America. That is what can be addressed. that was already agreed to by the ma- we are debating. There are Republican majorities in jority of the Senate last year. Regard- Do we want to play games with that? the House and Senate that can debate less of your feelings about the immi- Do we want to hold Homeland Security the President’s actions or debate any- gration policies, if you ask folks at this hostage because of a debate with the thing for that matter, but we can cer- time, when terror threats are all President on another issue or do we tainly debate immigration at any mo- around us, do they want games being fund Homeland Security and then have ment. We do not have to hold the fund- played with the funding of our home- that debate? We can do it imme- ing for the national defense of our land security, the answer would be no— diately—the same day. We could fund homeland hostage to do it. a resounding no. Homeland Security and then the Re- I encourage my colleagues to get on So let’s get on with the business in a publican leader could immediately call to the business of passing the funding. bipartisan way of funding our national up any bill he wants on immigration I thank the Presiding Officer. security effort, and then let’s imme- and then have that debate. Unfortu- f diately go to a vigorous and important nately—with terrorist threats all debate about immigration. I would around us—Republicans are willing to ADJOURNMENT UNTIL 10:30 A.M. agree that should be done as soon as shut down Homeland Security. TOMORROW possible. Boko Haram is gaining strength in The PRESIDING OFFICER. Under Since the attacks of 9/11 in 2001, we West Africa and hoping to inspire at- the previous order, the Senate stands have had a Department of Homeland tacks against Americans. We know adjourned until 10:30 a.m. tomorrow. Security that we organized and put to- what they have done. Yet here we are Thereupon, the Senate, at 6:06 p.m., gether to play a critical role in pro- debating whether Homeland Security is adjourned until Thursday, February 5, tecting America against acts of terror. going to be shut down. 2015, at 10:30 a.m. Make no mistake, as I said, we have In the months to come, we will need terrorist threats all around us, yet, un- all of the hard-working men and f fortunately, our Republican colleagues women who work in every part of that NOMINATIONS are willing to shut down our Homeland agency to be full speed so they can pro- Executive nominations received by Security Department to make a polit- tect us. Unless Republican colleagues the Senate: ical point. are willing to support a spending bill THE JUDICIARY Yesterday ISIS released a video and get that done right away, we are WAVERLY D. CRENSHAW, JR., OF TENNESSEE, TO BE showing the horrendous burning of a going to see the Department of Home- UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- Jordanian pilot. It was unbelievable. land Security management and head- TRICT OF TENNESSEE, VICE WILLIAM JOSEPH HAYNES, JR., RETIRED. But while that is happening, the Sen- quarters stop functioning. Some 30,000 LAWRENCE JOSEPH VILARDO, OF NEW YORK, TO BE ate can’t pass a Homeland Security employees will be furloughed. People UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NEW YORK, VICE RICHARD J. ARCARA, RE- funding bill. We need to pass a Home- will be asked to work without pay— TIRED. land Security bill. Colleagues who are talk about jobs for people. DEPARTMENT OF JUSTICE fighting about immigration are willing In Detroit alone—and all over Michi- EILEEN MAURA DECKER, OF CALIFORNIA, TO BE to shut down Homeland Security in gan—we get firefighter grants. The UNITED STATES ATTORNEY FOR THE CENTRAL DISTRICT order to make a point with the Presi- budget has already started, and we OF CALIFORNIA FOR THE TERM OF FOUR YEARS, VICE ANDRE BIROTTE, JR., RESIGNED. dent. have 150 firefighters in the city of De- JOHN W. HUBER, OF UTAH, TO BE UNITED STATES AT- This past weekend ISIS beheaded a troit alone whose ongoing funding has TORNEY FOR THE DISTRICT OF UTAH FOR THE TERM OF Japanese contractor. Yet Republicans been stalled. We have firefighters all FOUR YEARS, VICE DAVID B. BARLOW, RESIGNED. are willing to shut down Homeland Se- across Michigan. We have very impor- IN THE AIR FORCE curity to make a point. Last week at a tant law enforcement grants all over THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- hotel in Libya an American was killed Michigan that at the moment are on CATED UNDER TITLE 10, U.S.C., SECTION 624: in an attack by ISIS. Yet colleagues on hold and can’t go forward. To be major general the other side of the aisle are willing to We are talking about disrupting pro- BRIG. GEN. NINA M. ARMAGNO shut down Homeland Security in order grams used to detect weapons of mass BRIG. GEN. JOHN D. BANSEMER to make a political point. Last month destruction and the training of local BRIG. GEN. CASEY D. BLAKE BRIG. GEN. MICHAEL T. BREWER 11 people were killed in a terrorist law enforcement officers who are on BRIG. GEN. ANTHONY J. COTTON strike against America’s oldest ally, the frontlines of our defense. This BRIG. GEN. CLINTON E. CROSIER BRIG. GEN. THOMAS H. DEALE France. Yet Republicans are willing to makes no sense. BRIG. GEN. TIMOTHY G. FAY shut down Homeland Security. It would be one thing if Republican BRIG. GEN. TIMOTHY S. GREEN BRIG. GEN. JOSEPH T. GUASTELLA, JR. In November, a Canadian soldier was colleagues were in the minority and BRIG. GEN. DAVID A. HARRIS killed in an attack near the Canadian they felt the only way we could have BRIG. GEN. JAMES B. HECKER BRIG. GEN. SCOTT A. HOWELL Parliament, just 60 miles from the U.S. the debate they want to have is to tie BRIG. GEN. JAMES C. JOHNSON border. Michigan is on that northern the two together, but that is not the BRIG. GEN. MARK D. KELLY BRIG. GEN. MATTHEW H. MOLLOY border. Yet Republicans are willing to case. Republican colleagues are in the BRIG. GEN. MICHAEL D. ROTHSTEIN shut down Homeland Security. In fact, majority. We can pass Homeland Secu- BRIG. GEN. KEVIN B. SCHNEIDER BRIG. GEN. BARRE R. SEGUIN we heard Republicans in the House say rity together—100 to 0—and then get on BRIG. GEN. THOMAS J. SHARPY it wouldn’t be that big of a deal to shut to whatever immigration debate the BRIG. GEN. JAMES C. SLIFE BRIG. GEN. SCOTT F. SMITH down Homeland Security. Really? Any- majority wants to have or whatever BRIG. GEN. GIOVANNI K. TUCK body who reads the paper or watches else they would like to debate. We BRIG. GEN. GLEN D. VANHERCK BRIG. GEN. JAMES C. VECHERY the news can see what is happening don’t have to hold the Homeland Secu- BRIG. GEN. SARAH E. ZABEL every day around us, and Republicans rity funding hostage in order to do it. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT This past August our Defense Sec- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- in the House say it wouldn’t be a prob- CATED UNDER TITLE 10, U.S.C., SECTION 624: retary said of ISIS: lem to shut down Homeland Security? To be brigadier general That is stunning. They are as sophisticated and well-funded Detroit, MI, has the busiest northern as any group we have seen. They’re beyond COL. RANDALL REED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT border crossing in the country. It is the just a terrorist group. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- busiest northern border crossing for When we think about it, we are talk- CATED UNDER TITLE 10, U.S.C., SECTION 624: commerce, products, and people. We ing about a well-funded terrorist group To be brigadier general rely on our Customs and Border Patrol at the same time we are debating COL. CHRISTOPHER A. COFFELT

VerDate Sep 11 2014 00:37 Feb 06, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 9801 E:\RECORD15\S04FE5.REC S04FE5 rmajette on DSK6SPTVN1PROD with CONG-REC-ONLINE S802 CONGRESSIONAL RECORD — SENATE February 4, 2015 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major general COL. HUBERT C. HEGTVEDT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COL. JOHN A. HICKOK CATED UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. LEONARD W. ISABELLE, JR. COL. FARRIS C. HILL To be brigadier general BRIG. GEN. MICHAEL T. MCGUIRE COL. JOHN M. HILLYER BRIG. GEN. SAMI D. SAID COL. CRAIG L. LAFAVE COL. JEFFREY A. KRUSE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. PAMELA J. LINCOLN COL. LINDA M. MARSH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STATES OFFICER FOR APPOINTMENT IN THE RESERVE COL. STEVEN R. ROSENMEIER IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. STAN A. SHELEY CATED UNDER TITLE 10, U.S.C., SECTIONS 12203: TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COL. PATRICK M. WADE To be major general To be brigadier general COL. JOHN B. WILLIAMS BRIG. GEN. ABEL BARRIENTES COL. JAY N. SELANDERS THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED BRIG. GEN. BRIAN E. DOMINGUEZ STATES OFFICERS FOR APPOINTMENT IN THE RESERVE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIG. GEN. JOHN C. FLOURNOY, JR. STATES OFFICER FOR APPOINTMENT IN THE RESERVE BRIG. GEN. KATHRYN J. JOHNSON TITLE 10, U.S.C., SECTIONS 12203 AND 12212: OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIG. GEN. KENNETH D. LEWIS, JR. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIG. GEN. MARK L. LOEBEN To be brigadier general BRIG. GEN. VINCENT M. MANCUSO To be brigadier general COL. JOHNNY S. LIZAMA BRIG. GEN. RONALD B. MILLER COL. THOMAS W. RYAN BRIG. GEN. KAREN A. RIZZUTI COL. TODD M. AUDET COL. SCOTT A. YOUNG BRIG. GEN. RICHARD W. SCOBEE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- IN THE ARMY STATES OFFICER FOR APPOINTMENT IN THE RESERVE CATED UNDER TITLE 10, U.S.C., SECTION 12203: OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be brigadier general TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be major general COL. ARTHUR E. JACKMAN, JR. UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. RANDALL R. BALL To be brigadier general IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED UNDER TITLE 10, U.S.C., SECTION 12203: COL. BRIAN J. MENNES IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: To be brigadier general IN THE AIR FORCE To be major general COL. VITO E. ADDABBO THE FOLLOWING NAMED OFFICER FOR REGULAR AP- COL. THOMAS L. AYERS BRIG. GEN. DIXIE A. MORROW POINTMENT TO THE GRADE INDICATED IN THE UNITED COL. MAUREEN G. BANAVIGE STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. DENNIS T. BEATTY STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COL. JAMES N. COOMBES II To be major OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. CHRISTIAN G. FUNK TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COL. JAY S. GOLDSTEIN JEFFREY B. KRUTOY

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RECOGNIZING REIMAN’S HARLEY– service as a decorated Veteran of WWII. I am against H.R. 351, the Natural Gas Pipeline DAVIDSON IN KEWANEE, ILLI- pleased to join his family members, colleagues Permitting Reform Act. Had I voted, I would NOIS FOR THEIR SERVICE TO and friends in congratulating him on his retire- have voted NO on H.R. 351, in order to pro- OUR SERVICE MEMBERS ment. Mr. Craver has earned a great deal of tect the environment and our natural re- respect from his colleagues and friends and sources. HON. CHERI BUSTOS has certainly earned my sincere respect and f OF ILLINOIS admiration for his integrity, commitment, and impressive work ethic. I wish Mr. Craver con- COMMEMORATING THE LIFE OF IN THE HOUSE OF REPRESENTATIVES tinued happiness and contentment in the fu- CODIE PETERS Wednesday, February 4, 2015 ture. Mrs. BUSTOS. Mr. Speaker, I rise today to f HON. ROBERT HURT recognize Reiman’s Harley-Davidson in OF VIRGINIA Kewanee, Illinois, for going above and beyond IN RECOGNITION OF MR. GRANT IN THE HOUSE OF REPRESENTATIVES GREIDER ON HIS 100TH BIRTHDAY to serve the men and women who so bravely Wednesday, February 4, 2015 serve our country. Mr. HURT of Virginia. Mr. Speaker, I submit These business owners have a policy to HON. LOU BARLETTA these remarks to commemorate the life of waive storage fees for the motorcycles of de- OF PENNSYLVANIA Codie Carter Peters who passed away Janu- ployed service members. IN THE HOUSE OF REPRESENTATIVES ary 25, 2015. In their own words, they say ‘It is our honor Wednesday, February 4, 2015 Mrs. Peters was a pillar in the Charlottes- to keep your bike safe and secure while you ville community. She was a successful actress provide us with our freedoms. We hope you Mr. BARLETTA. Mr. Speaker, it is my honor and small business owner and a loving mother return to us safe and sound. Until that time, to recognize my constituent, Mr. Grant and grandmother. Active and passionate about we will store your bike at no charge to you. Greider, in celebration of his 100th birthday. politics, she served for six years in the Albe- This is our way of saying ‘Thank You’ for your Born in Middle Paxton Township, Pennsyl- marle-Charlottesville Republican Women’s service to our country.’ vania, Mr. Greider was the fifth of ten children born to Grant and Elizabeth Greider. Some of League, two of them as its president. Mr. Speaker, it is my honor to represent Codie Peters lived her life with an intense Grant’s earliest memories include traveling to such a remarkable company, and I want to dedication to the persons and causes she Broad Street Market in Harrisburg, where he once again thank them for their continued ef- loved. Whether she was asserting her opinion and his mother sold butter, cup cheese, and forts to honor the men and women of the on an issue of national importance or speak- baked bean sandwiches. After graduating from United States Armed Forces. ing of her beautiful family, the twinkle in her Halifax High School in 1935, he married Ruth f eyes was always present. Codie relished shar- Deibler, and they had six children together. ing with all what she had in abundance: a love HONORING THE CAREER OF BILL Ruth and Grant were married for 76 years of family, a love of life, and a love of country. CRAVER until Ruth’s passing in 2011. In 1945, Mr. Her delight in her commitment to her husband, Greider moved his family to a farm in Jackson Steve, was infectious; they were partners in Township. To this day, Mr. Greider still helps HON. BRIAN HIGGINS everything, from tending to their family to their his son, Randy, operate the farm. Mr. Greider OF NEW YORK public service in politics. was an employee of the Pennsylvania Rail- IN THE HOUSE OF REPRESENTATIVES Codie Peters will long be remembered for road for 39 years, where he worked alongside her dedication and her passion. She was pre- Wednesday, February 4, 2015 his father and three older brothers. He recalls deceased by her parents and is survived and Mr. HIGGINS. Mr. Speaker, I rise today to first earning an hourly wage of 45 cents as a fondly remembered by her husband, Steven L. honor the career and accomplishments of a laborer. After many years of hard work, he Peters; her daughter, Katherine J. Peters; her distinguished member of the Western New was proud to see his salary increase to $7.50 son-in-law, William A. Finn; and her two York community, Bill Craver on the occasion an hour, right before his retirement in 1979. grandchildren, Bennett Grace and William Pat- of his retirement after a remarkable career. To this day, he still collects his hard-earned rick Finn. Mr. Craver has served our community work- railroad pension. Additionally, Mr. Greider has My thoughts remain with the Peters family, ing for the Buffalo Sewer Authority for over 31 held several elected offices in Jackson Town- and I am grateful for the opportunity to have years. Mr. Craver began working for the Buf- ship, including Township Supervisor and known Codie Peters and to remember the falo Sewer Authority on June 6th, 1983 as a Judge of Elections. As an avid participant in wonderful life she led. Millwright. Less than a year later he was pro- the democratic process, he has proudly voted moted to Machinist. Prior to serving the City of in every election since turning 21 in 1936. f Buffalo, Mr. Craver had worked at Van Nott Mr. Speaker, I wish to recognize Mr. Greider HONORING THE TOWN OF Machinery, Buffalo Color and the Ford Stamp- on this important milestone, and to thank him YOUNTVILLE ing Plant, where he is held in high regard by for his time spent serving our local community. his co-workers. His commitment to family, hard work, Pennsyl- HON. MIKE THOMPSON At the age of 92, Mr. Craver holds the title vania, and our nation is exemplary, and I wish OF CALIFORNIA of the oldest active employee in the New York him a happy and healthy 100th birthday cele- IN THE HOUSE OF REPRESENTATIVES State Retirement System and oldest employee bration in the company of his family and in the Buffalo Sewer System, a record that will friends. Wednesday, February 4, 2015 undoubtedly be difficult to top. f Mr. THOMPSON of California. Mr. Speaker, Mr. Craver is a veteran of the United States I rise today to honor the Town of Yountville, and an honored recipient of the Bronze Star PERSONAL EXPLANATION California on the 50th anniversary of its incor- for his service in the Second World War. Dur- poration. The Town of Yountville has devel- ing World War II, he served in Okinawa and HON. MARK DeSAULNIER oped a reputation for culinary excellence, dis- the Philippines, where his most gloried accom- OF CALIFORNIA tinguished lodging, fine wines and renowned plishment was shooting down two enemy air- IN THE HOUSE OF REPRESENTATIVES retail businesses, which is especially impres- crafts off shore of Okinawa on April 15, 1945. sive considering that the town has less than Mr. Speaker, it is with great pride that I rise Wednesday, February 4, 2015 3,000 residents. today to honor the amazing accomplishments Mr. DESAULNIER. Mr. Speaker, last week I Yountville’s rich history dates back to 1831, of Bill Craver during his career and for his regret that I was unable to cast my vote when George Yount settled in Napa Valley. In

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

VerDate Sep 11 2014 04:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K04FE8.001 E04FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E160 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2015 1836 Mr. Yount obtained the first land grant play to the Women’s Suffrage Movement in NJ he continued to strive towards excellence from the Mexican government awarded to a Display, the MCHS offers interactive programs which was acknowledged through the depart- United States citizen in Northern California. By that are both engaging and insightful. ment with a promotion to Corporal in 1996 and 1855, a surveyor had laid out the town’s bor- The MCHS is housed in Acorn Hall, named Senior Corporal in 2008. In his leadership ders and Mr. Yount decided to call this town after the two-centuries-old red oak formerly lo- roles, Tony has supervised Patrol, Criminal In- Sebastopol. Given that there was another cated on the property. Built in 1853, Acorn vestigations and the Neighborhood Patrol Offi- town by the name of Sebastopol nearby, the Hall continues to retain its original interior de- cers Unit. town was renamed Yountville two years after sign characteristics and furnishings. In the Tony Burnett’s commitment to public safety Mr. Yount’s death in 1867 in honor of its Hall, the carpeting, wall covering, and decora- encouraged him to undergo extensive training founder and his invaluable contributions to the tive paint techniques mirror the original deco- as a patrol officer, criminal investigator, and town’s beginning, which included planting the rative selections implemented by the Hall’s department police trainer. His training earned first grape vines in Napa Valley. longest tenured owners, Augustus and Mary him the following certifications: Basic Police On February 4, 1965, the City of Yountville Crane. These aesthetical aspects of the Hall Certification in 1993, Intermediate Police Cer- was officially incorporated and in 1982 help visitors understand what exactly life was tification in 1997, Advanced Police Certifi- changed its name to Town of Yountville. Over like during the mid-19th century. cation in 1999, and Master Police Certification the past 50 years the town has grown to al- Among the multiple programs and activities in 2004. In 1995, Tony received his Police Of- most 3,000 residents. Today the town is home that the MCHS offers, its internship and volun- ficer Instructor License and his DARE Officer to many award-winning restaurants, such as teer program offers those individuals inter- Certification. In total, Tony received over 1,700 The French Laundry which boasts a Three- ested in maintaining some of Morris County’s hours of in-service training. Tony has also Star Michelin rating, and which contributes to most prized artifacts is rewarding for a diverse taught over 1,200 hours of police training in the town’s reputation as the ‘‘Culinary Capital group of people. Ranging from college stu- the Dallas-Fort Worth area, and he is highly of the Napa Valley’’. In addition to the town’s dents to senior citizens, the MCHS welcomes recognized by the region’s law enforcement rich culinary history, Yountville’s wine, retail, all individuals who care about Morris County’s community as an outstanding instructor. and lodging industries attract tourists from historical significance. The internship oppor- Aside from his police training, Tony Burnett around the world to this small town known as tunity is especially valuable for college stu- has also earned a Bachelor’s Degree from Co- the ‘‘Heart of Napa Valley’’TM. dents as it often offers college credit to interns lumbia College and a Master’s Degree in Mr. Speaker, it is my distinct pleasure to for semester-long projects. The MCHS values Criminology from the University of Texas at recognize the Town of Yountville, California on these volunteers and interns by offering them Arlington. the 50th anniversary of its incorporation. free admittance to the Acorn Hall and invita- Tony Burnett has led a distinguished career Yountville is a treasured part of our Napa Val- tions to members-only events. in the Euless Police Department where he re- ley and I look forward to seeing the town con- For members of the public, the MCHS offers ceived over 80 police commendations for pro- tinue to prosper over the next 50 years. guided tours of Acorn Hall. During these tours, fessionalism and service to the community. He f MCHS tour guides help depict life during the has also been nominated for numerous de- Victorian era, and offer insightful explanations partment awards which include Rookie of the OUR UNCONSCIONABLE NATIONAL about the various artifacts housed in Acorn Year Award in 1993, Civic Achievement Award DEBT Hall. Though these tours generally last an in 1998, Distinguished Service Award in 2005, hour, the experience leaves a long lasting im- and Police Officer of the Year in 2006. HON. MIKE COFFMAN pression. Also, after touring Acorn Hall, view- Tony Burnett and his wife Melissa of 20 OF COLORADO ers can swing by the Oakleaf Gift Shop and years have two children, Jacob and Andrew. IN THE HOUSE OF REPRESENTATIVES browse through various historical books de- Tony graduated from Richland High School in scribing the role Morris County played in the North Richland Hills, Texas, in 1989. Wednesday, February 4, 2015 Revolutionary War or the development of the Mr. Speaker, on behalf of the 24th Congres- Mr. COFFMAN. Mr. Speaker, on January Morristown Green. sional District of Texas, I ask all my distin- 20, 2009, the day President Obama took of- I commend the members of the MCHS, its guished colleagues to join me in thanking fice, the national debt was officers, and its Board of Directors, especially Tony Burnett for his years of public service as $10,626,877,048,913.08. Director Amy Curry, for their dedication to pro- a Euless Police Officer. Today, it is $18,099,042,237,253.89. We’ve moting Morris County’s rich history. Our soci- f added $7,472,165,188,340.81 to our debt in 6 ety has consistently demonstrated a dedica- years. This is over $7.4 trillion in debt our na- tion and commitment to preserving priceless PROTECTING WITH INTEGRITY tion, our economy, and our children could artifacts for Morris County residents to enjoy have avoided with a balanced budget amend- for years to come. HON. PETE OLSON ment. Mr. Speaker, I ask you and my colleagues OF TEXAS f to join me in congratulating the Morris County IN THE HOUSE OF REPRESENTATIVES Historical Society, as it celebrates its 70th An- CELEBRATING THE 70TH ANNIVER- Wednesday, February 4, 2015 niversary. SARY OF THE MORRIS COUNTY f Mr. OLSON. Mr. Speaker, I rise today to HISTORICAL SOCIETY congratulate Victor Peschke of the Sugar Land HONORING THE SERVICE OF EU- Fire Department for being selected by the de- HON. RODNEY P. FRELINGHUYSEN LESS POLICE OFFICER TONY partment and the Sugar Land Citizen’s Fire OF NEW JERSEY BURNETT Academy Alumni Association for the Fire- IN THE HOUSE OF REPRESENTATIVES fighter of the Year Award. This award recog- nizes his exemplary character and actions in Wednesday, February 4, 2015 HON. KENNY MARCHANT OF TEXAS protecting our communities. Mr. FRELINGHUYSEN. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES Peschke’s firefighting career now spans six today to honor the Morris County Historical years. Since he joined the service of the Society, located in Morristown, Morris County, Wednesday, February 4, 2015 Sugar Land Fire Department in 2011, he has New Jersey, as it celebrates its 70th Anniver- Mr. MARCHANT. Mr. Speaker, I am proud honorably safeguarded the community and sary. to recognize retiring Senior Corporal Tony strengthened our public safety system. The Morris County Historical Society, also Burnett for his 25 years of public service as a Peschke is not just a leader whose hard work known as the MCHS, seeks to preserve, ex- Euless Police Officer. and attitude others admire; he is a leader who hibit, and actively enhance its collections of Tony Burnett began his career in public inspires those who serve with him. Our com- historical items relating to Morris County, pre- safety as a North Hills Mall security officer. In munities are safer because of folks like Victor. dominantly during the Victorian period of 1990, Tony’s aspiration to join law enforce- I commend Victor Peschke for his exem- American history. The MCHS believes in pro- ment was achieved when Euless Police De- plary service to his community. On behalf of viding Morris County with a place in which its partment hired him as Public Service Officer in the residents of the Twenty-Second Congres- residents may learn about the County’s inter- the role as a jailer. Tony worked in that capac- sional of Texas, congratulations again to Vic- esting history. Through various exhibits, rang- ity for over three years until he was promoted tor for being honored with Sugar Land’s Fire- ing from Victorian Architecture & Design Dis- to Police Officer. Throughout Tony’s career, fighter of the Year Award.

VerDate Sep 11 2014 04:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A04FE8.003 E04FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 4, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E161 THE INTRODUCTION OF THE DIS- Congress. Our bill is a perfect candidate be- and economic contributions to every neighbor- TRICT OF COLUMBIA PAPER- cause it eliminates a paperwork process that hood in my district, from Washington Heights WORK REDUCTION ACT repeats itself without interruption. to Inwood. My bill would do no more than align the I am fortunate to have many excellent orga- HON. ELEANOR HOLMES NORTON Home Rule Act with congressional practice nizations, in my district, that promote Domini- OF THE DISTRICT OF COLUMBIA over the last twenty-three years. Of the more can culture and empower Dominicans living in IN THE HOUSE OF REPRESENTATIVES than 5,000 legislative acts transmitted to Con- Manhattan and the Bronx. The Dominican Women’s Development Center, New York Do- Wednesday, February 4, 2015 gress since the Home Rule Act, only three resolutions disapproving D.C. legislation have minican Officers’ Organization, Dominican Ms. NORTON. Mr. Speaker, today, I intro- been enacted—in 1979, 1981, and 1991—and Medical Association, National Dominican duce the District of Columbia Paperwork Re- two of those mistakenly involved federal inter- Women’s Caucus, Community Association of duction Act, to eliminate the wasteful congres- ests in the Height Act and the location of Progressive Dominicans, Alianza Dominicana, sional review process for legislation passed by chanceries. Placing a congressional hold on Dominican Bar Association, Association of Do- the District of Columbia Council and to align 5,000 D.C. bills has not only proven unneces- minican Classical Artists, Dominican Cultural longtime congressional practice and the law. sary, but has imposed fruitless costs on the Civic Center, Mirabal Sisters Cultural and The congressional review process for D.C. D.C. government, residents and businesses. Community Center all help strengthen their bills is ignored by Congress providing it no District residents and businesses are also communities and improve the lives of benefit, but imposes substantial costs (in time placed on hold because they have no certainty Dominicans in New York. and money) on the District. Congress has al- when D.C. bills, from taxes to regulations, will Like so many generations of immigrants, most always used the appropriations process take effect, making it difficult to plan. Instead Dominicans have fought tirelessly to achieve rather than the disapproval process and en- of using the congressional review process to the American Dream. They come to this great tirely abandoned the congressional review overturn D.C. legislation, Congress has pre- nation seeking a home, a place to raise their process as its mechanism for overturning D.C. ferred to use appropriation riders. Therefore, it families, and a community that will nurture legislation twenty-three years ago, and only is particularly unfair to require the D.C. Coun- their dreams. From the initial wave of Domini- used it three times before that, preferring rid- cil to engage in a labor-intensive and costly can migration in the 1960s to the most recent ers on D.C. appropriation bills instead. Yet process that Congress has itself long aban- arrivals of today, Dominicans have graced our Congress still requires the D.C. Council to use doned. My bill would only eliminate the auto- nation with their culture and traditions. Their Kafkaesque make-work procedures to comply matic hold placed on D.C. legislation and the contributions are integral to the success of our with the abandoned congressional review need for the D.C. Council to use a process ini- great nation and to strengthening the Amer- process established by the Home Rule Act of tially passed for the convenience of Congress, ican fabric. 1973. but that Congress has since eliminated in all f Our bill would eliminate the congressional but law. This bill would promote efficiency and PERSONAL EXPLANATION review process for legislation passed by the cost savings for Congress, the District, its resi- D.C. Council. However, Congress would lose dents, and businesses without reducing con- no authority it currently exercises because, gressional oversight, and would carry out a HON. CHRISTOPHER P. GIBSON even upon enactment of this bill, Congress policy stressed by Congress of eliminating OF NEW YORK would retain its authority under clause 17 of needless paperwork and make-work redun- IN THE HOUSE OF REPRESENTATIVES section 8 of article I of the U.S. Constitution to dancy. Wednesday, February 4, 2015 amend or overturn any D.C. legislation at any I urge my colleagues to support this good- Mr. GIBSON. Mr. Speaker, on roll call no. time. government measure. The congressional review process (30 days 51; 52; 53 H.R. 361, the Medical Prepared- f for civil bills and 60 days for criminal bills) in- ness Allowable Use Act; H.R. 623, the Social cludes those days when either house of Con- HONORING DOMINICAN HERITAGE Media Working Group Act; H.R. 615, the De- gress is in session, delaying D.C. bills from partment of Homeland Security Interoperable becoming law, often for many months. The HON. CHARLES B. RANGEL Communications Act. delay forces the D.C. Council to pass most Due to inclement weather, I was not present OF NEW YORK for the vote series on Monday, February 2, bills several times, using a cumbersome and IN THE HOUSE OF REPRESENTATIVES complicated process to ensure that the oper- 2015. ations of this large and rapidly changing city Wednesday, February 4, 2015 Had I been present, I would have voted AYE. continue uninterrupted, avoiding a lapse of the Mr. RANGEL. Mr. Speaker, I am proud to bill before it becomes final. The review period, honor the rich culture and heritage of f based on legislative, not calendar, days Dominicans, during the month of Carnival, the RENEWABLE FUEL STANDARD means, for example, that a 30-day period usu- most important period of religious celebration (RFS) REFORM ACT ally lasts three calendar months and often in the Dominican Republic. Dominicans are much longer because of congressional re- dedicated members of our communities and HON. BOB GOODLATTE cesses. The congressional review period for a have contributed so much to our country. This OF VIRGINIA bill that changed the word ‘‘handicap’’ to ‘‘dis- month, we take the opportunity to acknowl- IN THE HOUSE OF REPRESENTATIVES ability’’ lasted nine months. The Council esti- edge and applaud their service to our nation mates that 50–65 percent of the bills the and their many great achievements. Wednesday, February 4, 2015 Council passes could be eliminated if the re- Dominicans in our nation have been moti- Mr. GOODLATTE. Mr. Speaker, I rise today view period did not exist. To ensure that a bill vated by the value of hard work and the bonds to join my colleagues Representatives PETER becomes law, the Council often must pass the of family—the same pillars that have formed WELCH, STEVE WOMACK and JIM COSTA as we same legislation in three forms—emergency the foundation of our society for over 230 introduce the Renewable Fuel Standard (RFS) (in effect for 90 days), temporary (in effect for years. From Secretary of Labor Thomas Reform Act, a common sense solution to en- 225 days) and permanent. Moreover, the Perez, the first Dominican-American to serve sure that renewable fuels compete fairly in the Council has to carefully track the days the in the Cabinet, to Pedro Martinez, a former marketplace and avoid causing unintended House and Senate are in session for each pitcher for the New York Mets who was re- and negative consequences for American con- D.C. bill it passes to avoid gaps and to deter- cently elected to the Hall of Fame, Dominicans sumers. mine when the bills have taken effect. The are trailblazers who strengthen America’s di- The federal government’s creation of an arti- Council estimates that it could save 5,000 em- verse cultural heritage. ficial market for the ethanol industry has quite ployee-hours and 160,000 sheets of paper per Dominicans are one of the fastest growing frankly triggered a domino effect that is hurting two-year legislative Council period if the re- Hispanic groups in America. 1.5 million people our nation’s consumers, energy users, live- view period were eliminated. House Majority of Dominican descent currently live in the stock producers, food manufacturers, retailers, Leader KEVIN MCCARTHY addressed the issue United States. With over 700,000 people, and natural resources. Renewable fuels play of saving such resources by eliminating the Dominicans are the largest Hispanic group in an important role in our all-of-the-above en- amount of paperwork sent to Congress when New York City. I am honored to serve a con- ergy policy, but should compete fairly in the he proposed a cut in the number of reports gressional district with a significant Dominican marketplace and not be the beneficiary of an that federal agencies are required to submit to population. They bring vibrant and rich cultural anti-competitive government mandate.

VerDate Sep 11 2014 04:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.008 E04FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E162 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2015 American families and businesses should federal levels of government. In addition, the When it opened its doors in 1975, Plaid not have to shoulder the high cost of an un- association provides its members with training, House group home began with a capacity for workable federal ethanol mandate through the educational resources, and information relating five girls and was staffed by two Renewable Fuel Standard (RFS). According to to public policy. houseparents. Since then, the number of girls the Congressional Budget Office (CBO), the Despite the tremendous diversity found in at the home has expanded to ten, with super- heightened 2017 RFS requirements would in- New York, NYSAC has consistently and effec- vision increasing to a team of full-time staff crease the amount of total U.S. food expendi- tively promoted the best interests of all its working twenty-four hours a day to serve tures by $3.5 billion. At the same time, the De- members, from the urban areas downstate to these girls. The group home even underwent partment of Energy shows a decrease in fuel the rural and suburban areas of my congres- an expansion construction project in 2003 to mileage—triggering increasing energy costs sional district. I commend NYSAC on its ability provide much needed additional space and and lasting impacts on the environment. to combine such different perspectives into a improve the quality of living for its residents. The RFS mandates that 36 billion gallons of single unified mission that serves the interests Plaid House, Inc. also offers Thenen House, renewable fuels be part of our nation’s fuel of each county. which opened in 1989, to provide a supervised supply by 2022. However, in 2014 nearly 40 Mr. Speaker, it is my sincere pleasure to transitional living program to young women percent of the U.S. corn crop was used for congratulate NYSAC on 90 years of excellent who have outgrown group homes, but have ethanol production. This is more than the service to the counties, citizens, and officials been assessed as being unable to return amount of corn used to feed livestock and of the State of New York. The professionalism home. The residents are young women of poultry in the United States. and commitment displayed by the associa- ages from sixteen to twenty, who are under This is a kitchen table issue—this unwork- tion’s staff have ensured the effective man- the supervision of Child Protection and Perma- able policy impacts every American family try- agement and delivery of county services. I sa- nency and need assistance in preparing for ing to make financial decisions. From food lute NYSAC for a job well done, and extend independence. Here the residents are required costs to wear and tear on the family car and my best wishes for continued success in the to participate in a full-time educational and other equipment many families use, the RFS future. employment program, helping them to develop means added costs and less money for other f practical skills, establish emotional independ- purchases. ence, and learn budgeting techniques; the CELEBRATING THE 40TH ANNIVER- budgeting program demands that the women The RFS debate is no longer just a debate SARY OF PLAID HOUSE, INC. about fuel or food. It is also a debate about save fifty percent of their wages, which will be jobs, small business, economic growth, and returned to them when they leave the pro- freedom. HON. RODNEY P. FRELINGHUYSEN gram. The RFS is also hurting—not helping—to OF NEW JERSEY Plaid House’s Aftercare Program provides counseling to adolescent males and females preserve our natural resources. The EPA has IN THE HOUSE OF REPRESENTATIVES who have been discharged by Child Protection provided evidence that shows ethanol pro- Wednesday, February 4, 2015 and Permanency from residential placements duced 33 percent more emissions in 2012 Mr. FRELINGHUYSEN. Mr. Speaker, I rise or foster care. The goal of the program is to than gasoline. The RFS is impacting the qual- today to honor Plaid House, Inc. located in help these young adults transition successfully ity of life for all Americans. The nation has hit Morristown, New Jersey as it celebrates its from out of home placement into the commu- the ‘‘blend wall’’ or the point at which we can 40th Anniversary. nity, whether they are returning to their homes no longer blend ethanol into gasoline at levels Over the last forty years, Plaid House has or moving out to live on their own. In addition, safe for all engines. stayed true to its mission of providing residen- Their Aging Out Program serves male and fe- This Congress is the time for RFS reform. tial and counseling services to adolescents in male clients of ages fifteen to twenty who are The momentum around this issue continues to northern New Jersey. Since its foundation, the under the supervision of Child Protection and grow. Last year, we found that more than 218 members of Plaid House, Inc. have worked Permanency and currently in out of home Members of Congress were on record—either tirelessly to improve the lives of so many placement. The young adults participate in life by cosponsoring legislation or signing letters— young adults, as evidenced by the impact its skills training, presented in weekly workshops, expressing concerns about the current policy. programs have had on the community. which follow a curriculum including employ- The support from various stakeholders also In December of 1970, Katherine Merck was ment skills, money management, career plan- continues to expand as the RFS Reform Act asked by the Morris County Probation Office if ning, further education, communication, and is endorsed by a broad spectrum of groups she would be willing to take a seventeen year problem solving. Each participant completes a representing livestock, small engines, tax- old girl into her home for the holidays. The skills assessment at the beginning and end of payers, restaurants, boats, food manufac- local residential treatment center would be the program to measure the progress made turing, environmental issues, and food aid. I closed due to the holidays, and the judge had from training. urge my colleagues to join me in support of decreed that the girl, despite lacking a criminal Since the opening of their group home forty the Renewable Fuel Standard Reform Act to history, would be placed in Clinton State Pris- years ago, Plaid House has moved hundreds address the increasing costs of this broken on for Women if an alternative could not be of young adults through their programs. federal policy impacting our nation’s citizens. found. Upon taking the young woman into her Though the organization has undergone var- f home, Kate learned from the young woman ious changes and improvements since its in- ception, their commitment to providing these RECOGNIZING THE 90TH ANNIVER- about the numerous girls from the community adolescents with opportunities for success has SARY OF THE NEW YORK STATE that were often left without a place to live. So, she decided to start a group home for girls in remained constant. ASSOCIATION OF COUNTIES Mr. Speaker, I ask you and my colleagues (NYSAC) Morris County, and within a few years, the Plaid House group home opened its doors. to join me in congratulating Plaid House, Inc, The goal of the Plaid House group home is its dedicated staff and Board of Directors as it HON. TOM REED to provide a complete living experience and celebrates its 40th Anniversary. OF NEW YORK therapeutic environment for troubled adoles- f IN THE HOUSE OF REPRESENTATIVES cent girls. The residents of the Plaid House ‘‘HONOR, COURAGE, COMMITMENT’’ Wednesday, February 4, 2015 group home are placed there by the Depart- Mr. REED. Mr. Speaker, I rise today to rec- ment of Children and Families. The girls can HON. PETE OLSON ognize the 90th Anniversary of the New York range in age from fourteen to eighteen years OF TEXAS State Association of Counties (NYSAC). old and are accepted from anywhere in New IN THE HOUSE OF REPRESENTATIVES NYSAC was established by a group of com- Jersey. Girls are enrolled in local school and mitted local leaders in 1925 for the purposes encouraged to involve themselves in the com- Wednesday, February 4, 2015 of training county officials and advocating for munity through afterschool programs, working, Mr. OLSON. Mr. Speaker, I rise today to the needs of local governments. Since that and volunteering. The group home staff pro- congratulate Brice Kolle for being named the time, the organization has become the only vides a varied schedule throughout the week December 2014 Cadet of the Month by the statewide association representing the inter- including recreational and educational activi- Marine Military Academy. Kolle, a freshman at ests of New York’s 62 counties, including the ties. All girls regularly participate in individual the Marine Military Academy, hails from my five boroughs of New York City. and group counseling, provided both on site hometown of Sugar Land in TX–22. This es- NYSAC advocates for the interests of tax- by the Program Manager and off site by thera- teemed award recognizes his exemplary char- payers and county officials at the state and pists in community agencies. acter, leadership, academic achievement, and

VerDate Sep 11 2014 04:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.011 E04FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 4, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E163 esprit de corps while serving in the pre- with the rich and famous. Old photos show This organization seeks to improve the local paratory school’s band. Rick and the Carter family at home watching community with the goal of ensuring that the Kolle’s superb attitude and dedication to his the Kentucky Derby in the 1970s. Jefferson Township region is a wonderful studies will continue to serve him well at the The list of Rick’s accomplishments is long. place in which to live, work and raise a family. Marine Military Academy and beyond. Receiv- Rick and his brother, Charles, started two of The greater Jefferson Township area benefits ing this honor, speaks to Kolle’s dedication to Orlando’s first black pop radio stations— immensely from this organization’s dedication uphold academy’s mission and values. WORJ and WORL—and Kissimmee’s first to its neighbors and friends. I commend Brice Kolle for his outstanding tourist channel. Rick had a nationally syn- Since 1965, the Rotary Club of Jefferson leadership and development of character thus dicated radio show with Hugh Rodham, former Township has devoted its time and energy to far in his academic career. On behalf of the Secretary of State Hillary Clinton’s brother. He facilitating projects for the benefit of the com- residents of the Twenty-Second Congressional also served as interim manager for the munity. From distributing dictionaries to third District of Texas, congratulations again to Backstreet Boys and cut an album of Vietnam graders to financing the construction of four Kolle for being named the Marine Military War protest songs. vocational schools in Romania, this organiza- Academy’s Cadet of the Month for the Leath- Through his company, Stuyvesant Corpora- tion’s members continuously find ways to help erneck Band for December 2014. tion, Rick wrote hundreds of TV and radio ads those people in need of assistance. Whenever f including ‘‘Mr. Stereo and Video,’’ ‘‘Mad Max,’’ an opportunity arises to help others, like par- ‘‘Cheese Wars’’ and ‘‘Sounds Unlimited.’’ ticipating in End Polio Now, Rotary Club mem- RECOGNIZING THE LEGACY OF Many of his ads garnered him national Addy bers always seem to be the first volunteers to RICHARD NAMEY Awards for creative excellence. respond. Rick was most proud of his screenwriting, HON. ALAN GRAYSON which included Lake Woebegone Boys with Recently, this organization began several Garrison Keiler, and Matt Merlin, a story about new projects in order to support members of OF FLORIDA the Jefferson Township community. On De- IN THE HOUSE OF REPRESENTATIVES a kid wizard. Universal Studios optioned Matt Merlin well before Harry Potter took the world cember 6th and 7th, the Rotary Club partici- Wednesday, February 4, 2015 by storm. pated in the Sparta Christmas Bazaar by sell- ing desserts and candies to help fund its oper- Mr. GRAYSON. Mr. Speaker, I rise to rec- He was also the author of several published ations. The Rotary Club also sold Gertrude ognize the life and legacy of Richard ‘‘Rick’’ non-fiction books including Fodor’s Disney Hawk chocolate bars to fund its third grader Ellis Namey, who died of a heart attack on Like A Pro, Orlando Like A Pro, and Buy This dictionary distribution project. This organiza- February 26 at the age of 66. Rick wasn’t a Book and Make Me Rich, a political satire. His tion is also participating in ‘‘Walkfest 2015,’’ a man defined by one title, one line of work, or most recent book, Casey’s Ghost, chronicled Sunday morning event where participants walk one talent. He was many things: successful his brief stint as the ghost writer for Casey An- in Waterloo Village, located in Byram, New concert promoter, advertising genius, thony, who was acquitted of the 2008 murder Jersey. During this fundraising event, partici- pitchman, standup comic, author, screenwriter, of her daughter Caylee in a trial televised pants may donate money to various organiza- and political activist. Friends and family say worldwide. tions, including the Rotary Club, and have the one thing is certain; he didn’t do anything half- Mr. Namey was a longtime member of opportunity to receive prizes. way. With every endeavor, he went all out. Mensa. In recent years, he spent his time vol- Rick was born in Baltimore on February 12, unteering for local Democratic candidates and The Rotary Club of Jefferson also believes 1949. The oldest son of Albert and Salam rallying for liberal causes. His ideas never in a rich cultural experience for students. To Namey, his father met his mother while trav- stopped, his opinions grew stronger with age, ensure that students from Jefferson Township eling abroad in Beirut, Lebanon. An aerospace and his love for his family was unparalleled. expand their education outside of the class- engineer, Albert took a job with Martin Mari- I am humbled to honor the memory, life, room, the Rotary Club funds a Japanese Sum- etta and the family moved to Orlando when and outstanding achievements of Richard mer Exchange Program. In this program, Rick was 10. Namey. American students spend three weeks on the island of Shikoku, while Japanese students Rick began pursuing his ambitions while at- f tending Winter Park High School and Sanford spend three weeks in Northern New Jersey. Naval Academy. At age 16, he won a teen PERSONAL EXPLANATION Those students in Shikoku live with Japanese disc jockey competition on WLOF-AM and families and encounter Japanese culture, cui- began managing local bands like Mr. Banana HON. BARBARA LEE sine and customs. Those students visiting and the Bunch and Marshmallow New Jersey live with families affiliated with the OF CALIFORNIA Steamshovel. He was also a performer. Rotary Club, and attend excursions to New Rick’s first business venture was a coffee IN THE HOUSE OF REPRESENTATIVES York City. This program is yet another in- shop called The Hobbit in Daytona Beach, Wednesday, February 4, 2015 stance of the Rotary Club’s commitment to which catered to the hippie crowd, followed by students’ educational experience. Ms. LEE. Mr. Speaker, I was not present for The Purple Door in Bithlo. His success book- roll call votes 54–58 due to a family emer- To celebrate 50 successful years of offering ing national acts like Bob Seger and the Silver gency. assistance to those in need, the Rotary Club Bullet Band for events at the Tangerine Bowl Had I been present, I would have voted no of Jefferson Township is holding an anniver- and the Daytona International Speedway led on #54, no on #55, no on #56, yes on #57, sary dinner on Tuesday, February 24th at the him to start Cosmic Productions. Rick was and no on #58. Casa Bianca Restaurant in Oak Ridge, New part of the promotional team for Woodstock Jersey. At this celebration, the Rotary Club will and appears in a documentary about the 1969 f host buffet-style culinary offerings, as well as music festival. CELEBRATING THE 50TH ANNIVER- a cash bar. In honor of its dedication to 50 Rick took ideas and turned them into reality, SARY OF THE ROTARY CLUB OF years of service, the Rotary Club will present even if they failed. During the Summer of JEFFERSON TOWNSHIP its 2015 Citizen Year Award to Alice and Bela Love, he started a business selling love Szigethy. beads. He had an importer, stringer, and packager and he was going to make thou- HON. RODNEY P. FRELINGHUYSEN I commend the members of the Rotary Club of Jefferson Township, especially Alice and sands—until it was revealed the ink on his OF NEW JERSEY Bela Szigethy, for their dedication to improving product was poisonous. Despite some set- IN THE HOUSE OF REPRESENTATIVES backs, Rick’s many successes were featured the Jefferson Township area. The club has Wednesday, February 4, 2015 in an Orlando Sentinel article when he was consistently demonstrated a dedication and just 23. Mr. FRELINGHUYSEN. Mr. Speaker, I rise commitment to improving the community and An active participant in the civil rights move- today to honor the Rotary Club of Jefferson successfully completing numerous communal ment, Rick attended rallies and worked on Township, New Jersey, as it celebrates its projects. presidential campaigns including McGovern/ 50th anniversary. Mr. Speaker, I ask you and my colleagues Eagleton and Carter/Mondale. Though Central The Rotary Club of Jefferson Township to join me in congratulating the Rotary Club of Florida was always his home and he worked dedicates itself to bettering the township Jefferson, its members and Board of Directors hard to promote it, he often rubbed elbows through the completion of communal projects. as it celebrates its 50th anniversary.

VerDate Sep 11 2014 04:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A04FE8.014 E04FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E164 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2015 HONORING THE CHEERLEADING tablished a Russian School Program for the exclusion from Medicare coverage for devices TEAM FROM THOMAS W. KELLY youth. Over the years, the Orthodox popu- that include a lens to aid vision or provide HIGH SCHOOL lation in the area grew, as did the church magnification of images for impaired vision. itself. In 1952, the architectural firm S.E. Ultimately, not having these assistance de- HON. JASON SMITH Greydanus & Son was hired to construct the vices could shift more individuals from inde- new building. The project began on June 24, pendent living to care facilities or nursing OF MISSOURI 1952. During the construction period, services homes. IN THE HOUSE OF REPRESENTATIVES were held at the Signac Public School and the To understand the impact of covering these Wednesday, February 4, 2015 Signac Fire House. Less than one year later, devices for America’s seniors, we are intro- Mr. SMITH of Missouri. Mr. Speaker, I rise the project was completed and the first service ducing the Medicare Demonstration of Cov- today to honor the cheerleading team from was held in the new building on April 2, 1953. erage for Low Vision Devices Act of 2015. Thomas W. Kelly High School in Benton, Mis- From 1957 through 1970, the church contin- This legislation would create a five-year na- souri. At the National Cheerleaders Associa- ued to purchase new land and build additions. tional demonstration project administered by tion Championship this year they took home Its final project, an education-recreation cen- the Department of Health and Human Serv- the first place trophy, earning their first Na- ter, was completed on April 17, 1970. ices to evaluate the economic impact of allow- tional Championship. They earned this by The Parish of Saint John’s has been helping ing reimbursement for certain low vision de- working hard and setting their eyes on the the Orthodox community celebrate and prac- vices under the Social Security Act. Coverage prize early on. During their practices they fo- tice their religion and beliefs. The church has of such devices could help Medicare bene- cused on quality, not quantity and the team also done much more; with the construction of ficiaries with low vision lead healthy, safe, and would come together and give it their all to its education center it has been able to offer independent lives. perfect their routines. programs such as a youth recreation center f Last October, the cheerleading team proudly Sunday school, and much more to help edu- cate the youth of the Orthodox community. took home the title of Class 2A Large State PERSONAL EXPLANATION Champion, but they did not stop there. They The Sunday school teaches the youth about their religion and what it means to be an Or- traveled to St. Charles for the National Cham- HON. BARBARA LEE pionship to compete with schools from all over thodox Christian. Additionally, Saint John the the country. Baptist Church invites all of those who wish to OF CALIFORNIA practice and understand their Orthodox beliefs During the competition, the Kelly High IN THE HOUSE OF REPRESENTATIVES to join them. School cheerleading team competed against Wednesday, February 4, 2015 For Saint John the Baptist’s Centennial schools more than ten times the size of their Celebration, I commend all of the pastors and Ms. LEE. Mr. Speaker, I was not present for own. This may have seemed daunting to committees of the Parish. Since its founding, roll call votes 51–53 due to a family emer- some, but the team came prepared and rep- Saint John’s has been supported by the peo- gency. Had I been present, I would have resented Scott County admirably. ple of Little Falls; this is one of the main rea- voted yes on #51, yes on #52, and yes on This is the first National Championship tro- sons why the parish is still a big part of the #53. phy for the cheerleaders of Thomas W. Kelly community. After 100 years of outstanding High School, but I do not see it being their service to the Township of Little Falls, I com- f last. It is my privilege to recognize their mend and congratulate Saint John the Baptist achievements and hard work before the CONGRATULATING DOROTHY Church for all of its hard work and dedication. House of Representatives. KREUTER ON HER RETIREMENT Mr. Speaker, I ask you and my colleagues f to join me in congratulating the Parish of Saint HON. MICHAEL G. FITZPATRICK CELEBRATING THE 100TH ANNI- John the Baptist Russian Orthodox Greek OF PENNSYLVANIA VERSARY OF SAINT JOHN THE Catholic Church, as it celebrates its 100th An- BAPTIST RUSSIAN ORTHODOX niversary. IN THE HOUSE OF REPRESENTATIVES GREEK CATHOLIC CHURCH f Wednesday, February 4, 2015 INTRODUCTION OF THE MEDICARE Mr. FITZPATRICK. Mr. Speaker, I rise today HON. RODNEY P. FRELINGHUYSEN DEMONSTRATION OF COVERAGE to honor a dedicated public servant in my OF NEW JERSEY FOR LOW VISION DEVICES ACT Congressional District, Officer Dorothy Kreuter IN THE HOUSE OF REPRESENTATIVES OF 2015 of the Doylestown Township Police Depart- ment. Last month, Officer Kreuter celebrated Wednesday, February 4, 2015 HON. CAROLYN B. MALONEY her retirement after serving 26 years with the Mr. FRELINGHUYSEN. Mr. Speaker, I rise OF NEW YORK department—an accomplishment for which we today to honor the parish of Saint John the are all grateful. IN THE HOUSE OF REPRESENTATIVES Baptist Russian Orthodox Greek Catholic Officer Kreuter was the first female officer in Church, located in Little Falls, New Jersey as Wednesday, February 4, 2015 the Doylestown Township Police Department. it celebrates its 100th Anniversary. Mrs. CAROLYN B. MALONEY of New York. Since joining the force, she faithfully devoted The parish of Saint John the Baptist Rus- Mr. Speaker, it is estimated that more than 60 her life to protecting the health, safety and sian Orthodox Greek Catholic Church has million Americans are at risk of serious vision well-being of the constituents in the Central been an active part of the Little Falls commu- loss—a number expected to increase as the Bucks community. No matter the call, Officer nity since its founding in 1915. Through its baby boomer generation ages. Along with my Kreuter carried out her many responsibilities weekly masses, education center, and cultural colleague Rep. GUS BILIRAKIS, I am proud to with a sense of skill and professionalism that celebrations, the church greatly reflects and reintroduce legislation to support Americans was critical to the department’s success over celebrates its culture which has been rooted in with limited or impaired vision. For someone several decades. The integrity she displayed the church by its founders, while still taking on with a visual impairment, reading a book or for her job, and sense of duty is unmatched. new members in the present day. crossing the street could be blurred or dis- Officer Kreuter is a trusted friend to many Saint John’s was the product of two migra- torted even with the help of glasses or contact on the Police Department, and many in our tions: one from Europe prior to 1915 and one lenses. In many cases a physician can pre- community. I along with the residents of the from Pennsylvania about a decade later. The scribe magnifiers or special optical devices to 8th Congressional District wish her the best of original church was built in 1915 as a place for help an individual remain independent. While luck in her retirement, and appreciate her the Orthodox faithful to embrace their history, there are a wide variety of options to help many years of service and unwavering com- culture, and religion. In 1917, the church es- people with low vision, currently, there is an mitment to duty.

VerDate Sep 11 2014 04:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A04FE8.018 E04FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 4, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E165 SENATE COMMITTEE MEETINGS Committee on Commerce, Science, and Committee on Commerce, Science, and Transportation Transportation Title IV of Senate Resolution 4, Subcommittee on Surface Transportation To hold hearings to examine the Inter- agreed to by the Senate of February 4, and Merchant Marine Infrastructure, net. 1977, calls for establishment of a sys- Safety, and Security SR–253 tem for a computerized schedule of all To hold hearings to examine keeping Committee on Homeland Security and meetings and hearings of Senate com- goods moving. Governmental Affairs mittees, subcommittees, joint commit- SR–253 To hold hearings to examine the Govern- Committee on Finance ment Accountability Office’s (GAO) tees, and committees of conference. To hold hearings to examine tax reform, 2015 list of high risk government pro- This title requires all such committees focusing on lessons Congress can learn grams. to notify the Office of the Senate Daily from the Tax Reform Act of 1986. SD–342 Digest—designated by the Rules Com- SD–215 2:15 p.m. mittee—of the time, place and purpose Committee on Health, Education, Labor, Committee on Foreign Relations of the meetings, when scheduled and and Pensions To hold hearings to examine ending mod- any cancellations or changes in the To hold hearings to examine the reemer- ern day slavery, focusing on the role of meetings as they occur. gence of vaccine-preventable diseases, United States leadership. focusing on exploring the public health SD–419 As an additional procedure along successes and challenges. with the computerization of this infor- SD–106 FEBRUARY 12 mation, the Office of the Senate Daily 10 a.m. Digest will prepare this information for FEBRUARY 11 Committee on Energy and Natural Re- printing in the Extensions of Remarks 9:30 a.m. sources section of the CONGRESSIONAL RECORD Committee on Armed Services To hold hearings to examine the Presi- on Monday and Wednesday of each To hold hearings to examine the situa- dent’s proposed budget request for fis- cal year 2016 for the Department of En- week. tion in Afghanistan. SH–216 ergy. Meetings scheduled for Thursday, Committee on Environment and Public SD–366 February 5, 2015 may be found in the Works Daily Digest of today’s RECORD. To hold an oversight hearing to examine FEBRUARY 24 the Environmental Protection Agen- 10 a.m. cy’s (EPA) proposed carbon dioxide Committee on Energy and Natural Re- MEETINGS SCHEDULED emissions rules from new, modified, sources FEBRUARY 10 and existing power plants. To hold hearings to examine the Presi- 9:30 a.m. SD–406 dent’s proposed budget request for fis- Committee on Armed Services Committee on Health, Education, Labor, cal year 2016 for the Department of the To hold hearings to examine global chal- and Pensions Interior. lenges and the United States national To hold hearings to examine the Na- SD–366 security strategy. tional Labor Relations Board’s (NLRB) SH–216 new election rule, focusing on employ- FEBRUARY 26 10 a.m. ers and employees. 10 a.m. Committee on Banking, Housing, and SD–430 Committee on Energy and Natural Re- Urban Affairs 10 a.m. sources To hold hearings to examine regulatory Committee on the Budget To hold hearings to examine the Presi- relief for community banks and credit To hold hearings to examine Social Secu- dent’s proposed budget request for fis- unions. rity disability trust fund insolvency. cal year 2016 for the Forest Service. SD–538 SD–608 SD–366

VerDate Sep 11 2014 04:33 Feb 05, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\M04FE8.000 E04FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS Wednesday, February 4, 2015 Daily Digest Senate rejected the motion to close further debate on the Chamber Action motion to proceed to consideration of the bill. Routine Proceedings, pages S741–S802 Page S759 Measures Introduced: Twenty-three bills and six A unanimous-consent agreement was reached pro- resolutions were introduced, as follows: S. 356–378, viding for further consideration of the motion to S.J. Res. 6–7, and S. Res. 65–68. Pages S771–72 proceed to consideration of the bill at approximately 10:30 a.m., on Thursday, February 5, 2015, with the Measures Reported: time until 11:30 a.m. equally divided in the usual S. 227, to strengthen the Federal education re- form. Page S799 search system to make research and evaluations more timely and relevant to State and local needs in order Message from the President: Senate received the following message from the President of the United to increase student achievement. Page S771 States: Measures Passed: Transmitting, pursuant to law, a report on the Congratulating the New England Patriots: continuation of the national emergency that was de- Committee on Commerce, Science, and Transpor- clared in Executive Order 13396 on February 7, tation was discharged from further consideration of 2006, with respect to the situation in or in relation S. Res. 63, congratulating the New England Patriots to Cote d’Ivoire; which was referred to the Com- on their victory in Super Bowl XLIX, and the reso- mittee on Banking, Housing, and Urban Affairs. lution was then agreed to. Page S798 (PM–4) Page S768 Authorizing the Use of the Rotunda: Senate Nominations Received: Senate received the fol- agreed to H. Con. Res. 12, authorizing the use of lowing nominations: the rotunda of the United States Capitol for a cere- Waverly D. Crenshaw, Jr., of Tennessee, to be mony to present the Congressional Gold Medal to United States District Judge for the Middle District Jack Nicklaus. Pages S798–99 of Tennessee. Measures Considered: Lawrence Joseph Vilardo, of New York, to be United States District Judge for the Western Dis- Department of Homeland Security Appropria- trict of New York. tions Act—Agreement: Senate continued consider- Eileen Maura Decker, of California, to be United ation of the motion to proceed to consideration of States Attorney for the Central District of California H.R. 240, making appropriations for the Depart- for the term of four years. ment of Homeland Security for the fiscal year ending John W. Huber, of Utah, to be United States At- September 30, 2015. Pages S741–44, S755–59 torney for the District of Utah for the term of four During consideration of this measure today, Senate years. also took the following action: 68 Air Force nominations in the rank of general. Pursuant to the order of February 3, 2015, the 1 Army nomination in the rank of general. motion to proceed to the motion to reconsider the A routine list in the Air Force. Pages S801–02 vote by which cloture was not invoked on February Messages from the House: Page S768 3, 2015, was agreed to. Page S759 Pursuant to the order of February 3, 2015, the Measures Referred: Page S768 motion to reconsider the vote by which cloture was Measures Read the First Time: Pages S768, S799 not invoked on February 3, 2015, was agreed to. Executive Communications: Pages S768–71 Page S759 By 53 yeas to 47 nays (Vote No. 52), three-fifths Additional Cosponsors: Pages S772–73 of those Senators duly chosen and sworn, having not Statements on Introduced Bills/Resolutions: voted in the affirmative, Senate upon reconsideration Pages S773–81 D104

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Additional Statements: Pages S767–68 ida, on behalf of the National Association of Amendments Submitted: Pages S786–98 Charterboat Operators. Authorities for Committees to Meet: Page S798 ADMINISTRATION’S PROPOSED Record Votes: One record vote was taken today. EXPANSION OF WATER REGULATIONS (Total—52) Page S759 Committee on Environment and Public Works: Com- Adjournment: Senate convened at 9:30 a.m. and mittee concluded a joint hearing with the House adjourned at 6:06 p.m., until 10:30 a.m. on Thurs- Committee on Transportation and Infrastructure to day, February 5, 2015. (For Senate’s program, see examine state and local impacts of Administration’s the remarks of the Majority Leader in today’s Record proposed expansion of water regulations, after receiv- on page S799.) ing testimony from Jo-Ellen Darcy, Assistant Sec- retary of the Army for Civil Works, Department of Defense; Gina McCarthy, Administrator, Environ- Committee Meetings mental Protection Agency; E. Scott Pruitt, Okla- homa Attorney General, Oklahoma City; Adam H. (Committees not listed did not meet) Putnam, Florida Commissioner of Agriculture, Talla- hassee; Lemuel M. Srolovic, Office of New York NOMINATION State Attorney General, Bureau Chief of the Environ- Committee on Armed Services: Committee concluded a mental Protection Bureau, New York; Sallie Clark, hearing to examine the nomination of Ashton B. El Paso County Commissioner, Colorado Springs, Carter, of Massachusetts, to be Secretary of Defense, Colorado, on behalf of the National Association of after the nominee, who was introduced by former Counties; and Timothy Mauck, Clear Creek County Senator Lieberman, testified and answered questions Commissioner, Idaho Springs, Colorado. in his own behalf. PRESIDENT’S PROPOSED BUDGET REQUEST NATIONAL INSTITUTE OF STANDARDS Committee on Finance: Committee concluded a hearing AND TECHNOLOGY FRAMEWORK to examine the President’s proposed budget request Committee on Commerce, Science, and Transportation: for fiscal year 2016, after receiving testimony from Committee concluded a hearing to examine private Sylvia M. Burwell, Secretary of Health and Human sector experience with the National Institute of Services. Standards and Technology (NIST) framework, focus- ing on building a more secure cyber future, after re- ENDING MODERN SLAVERY ceiving testimony from Charles H. Romine, Direc- Committee on Foreign Relations: Committee concluded tor, Information Technology Laboratory, National a hearing to examine ending modern slavery, focus- Institute of Standards and Technology, Department ing on the best way forward, after receiving testi- of Commerce; Ann M. Beauchesne, U.S. Chamber of mony from Gary Haugen, International Justice Mis- Commerce, Paul Smocer, BITS/Financial Services sion, Arlington, Virginia; Shawna Bader-Blau, Soli- Roundtable, and James A. Lewis, Center for Stra- darity Center, and David S. Abramowitz, Humanity tegic and International Studies, all of Washington, United, both of Washington, DC; James Kofi DC; and Jeff England, Silver Star Communications, Annan, Challenging Heights, Accra, Ghana; and Freedom, Wyoming. Shandra Woworuntu, Mentari, New York, New York. IMPACTS OF VESSEL DISCHARGE REGULATIONS DEFERRED ACTION ON IMMIGRATION Committee on Commerce, Science, and Transportation: Sub- Committee on Homeland Security and Governmental Af- committee on Oceans, Atmosphere, Fisheries, and fairs: Committee concluded a hearing to examine de- Coast Guard concluded a hearing to examine the im- ferred action on immigration, focusing on implica- pacts of vessel discharge regulations on shipping and tions and unanswered questions, after receiving testi- fishing industries, after receiving testimony from mony from Stephen C. Goss, Chief Actuary, Social Claudia Copeland, Specialist in Resources and Envi- Security Administration; Eileen J. O’Connor, Pills- ronmental Policy, Resources Science and Industry bury Winthrop Shaw Pittman LLP, Luke Peter Division, Congressional Research Service, Library of Bellocchi, Wasserman, Mancini and Chang, PC, and Congress; James F. Farley, Kirby Offshore Marine, Bo Cooper, Fragomen, Del Ray, Bernsen and Loewy LLC, Houston, Texas; James H. I. Weakley, Lake LLP, all of Washington, DC; and Shawn Moran, Na- Carriers’ Association, Rocky River, Ohio; and Robert tional Border Patrol Council, Solana Beach, Cali- F. Zales, II, Bob Zales Charters, Panama City, Flor- fornia.

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BUSINESS MEETING Council, Washington, DC; Carol Gore, Cook Inlet Committee on Indian Affairs: Committee ordered favor- Housing Authority, Anchorage, Alaska; and Robert ably reported the following business items: Gauthier, United Native American Housing Associa- S. 184, to amend the Indian Child Protection and tion, Ronan, Montana. Family Violence Prevention Act to require back- INTELLIGENCE ground checks before foster care placements are or- Select Committee on Intelligence: Committee met in dered in tribal court proceedings; closed session to receive a briefing on certain intel- S. 209, to amend the Indian Tribal Energy Devel- ligence matters from officials of the intelligence opment and Self-Determination Act of 2005; community. S. 246, to establish the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, COMBATING FINANCIAL EXPLOITATION with an amendment in the nature of a substitute; OF VULNERABLE SENIORS and Special Committee on Aging: Committee concluded a S. 286, to amend the Indian Self-Determination hearing to examine combating financial exploitation and Education Assistance Act to provide further self- of vulnerable seniors, after receiving testimony from governance by Indian tribes. Judith M. Shaw, Maine Securities Administrator, Augusta; Page Ulrey, King County Prosecutor’s Of- LOAN LEVERAGING IN INDIAN COUNTRY fice, Seattle, Washington; Philip C. Marshall, Roger Committee on Indian Affairs: Committee concluded an Williams University, South Dartmouth, Massachu- oversight hearing to examine loan leveraging in In- setts; and Kathleen M. Quinn, National Adult Pro- dian country, after receiving testimony from Sami Jo tective Services Association, Fredericksburg, Vir- Difuntorum, National American Indian Housing ginia. h House of Representatives the House forthwith with an amendment, by a re- Chamber Action corded vote of 184 ayes to 239 noes, Roll No. 63. Public Bills and Resolutions Introduced: 47 pub- Pages H786–87 lic bills, H.R. 699–745; and 6 resolutions, H. Con. Pursuant to the Rule, the amendment in the na- Res. 14; and H. Res. 86–90, were introduced. ture of a substitute consisting of the text of Rules Pages H809–12 Committee Print 114–4, modified by the amend- ment printed in part B of H. Rept. 114–14, shall Additional Cosponsors: Page H814 be considered as adopted. Page H779 Reports Filed: There were no reports filed today. Agreed to: Speaker: Read a letter from the Speaker wherein he Reed amendment (No. 1 printed in part C of H. appointed Representative Jolly to act as Speaker pro Rept. 114–14) that requires an assessment of the ef- tempore for today. Page H759 fects that a proposed or final rule are expected to have on private property owners, including the use Recess: The House recessed at 10:28 a.m. and re- and value of affected property. Pages H781–82 convened at 12 noon. Page H762 Rejected: Guest Chaplain: The prayer was offered by the Cummings amendment (No. 2 printed in part C Guest Chaplain, Reverend Dean Curry, Life Center of H. Rept. 114–14) that strikes section 12 of the Church, Tacoma, Washington. Page H762 bill that would require federal agencies to conduct Unfunded Mandates Information and Trans- a retrospective cost-benefit analysis of any regulation parency Act of 2015: The House passed H.R. 50, at the request of the Chairman or Ranking Member to provide for additional safeguards with respect to of a Congressional Committee (by a recorded vote of 179 ayes to 245 noes, Roll No. 61); and imposing Federal mandates, by a recorded vote of Pages H782–83, H784–85 250 ayes to 173 noes, Roll No. 64. Pages H772–88 Connolly amendment (No. 3 printed in part C of Rejected the Bustos motion to recommit the bill H. Rept. 114–14) that provides that in the event to the Committee on Oversight and Government that the average annual rate of real gross domestic Reform with instructions to report the same back to product (GDP) growth remains below 5 percent over

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Trade, and Daniel Henry Marti, of Virginia, to be Intel- H.R. 212, the ‘‘Drinking Water Protection Act’’, 10 lectual Property Enforcement Coordinator, 10:30 a.m., a.m., 2123 Rayburn. SD–226. Committee on Foreign Affairs, Subcommittee on Africa, Select Committee on Intelligence: to receive a closed brief- Global Health, Global Human Rights, and International ing on certain intelligence matters, 2:30 p.m., SH–219. Organizations, hearing entitled ‘‘Human Rights in Cuba: House A Squandered Opportunity’’, 10 a.m., 2172 Rayburn. Committee on Energy and Commerce, Subcommittee on En- vironment and the Economy, hearing and markup on

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, February 5 9 a.m., Thursday, February 5

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 527— ation of the motion to proceed to consideration of H.R. Small Business Regulatory Flexibility Improvements Act 240, Department of Homeland Security Appropriations of 2015 (Subject to a Rule). Act, and vote on the motion to invoke cloture on the motion to proceed to consideration of the bill at 11:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gibson, Christopher P., N.Y., E161 Norton, Eleanor Holmes, D.C., E161 Goodlatte, Bob, Va., E161 Olson, Pete, Tex., E160, E162 Barletta, Lou, Pa., E159 Grayson, Alan, Fla., E163 Rangel, Charles B., N.Y., E161 Bustos, Cheri, Ill., E159 Higgins, Brian, N.Y., E159 Reed, Tom, N.Y., E162 Coffman, Mike, Colo., E160 Hurt, Robert, Va., E159 Smith, Jason, Mo., E164 DeSaulnier, Mark, Calif., E159 Lee, Barbara, Calif., E163, E164 Thompson, Mike, Calif., E159 Fitzpatrick, Michael G., Pa., E164 Maloney, Carolyn B., N.Y., E164 Frelinghuysen, Rodney P., N.J., E160, E162, E163, E164 Marchant, Kenny, Tex., E160

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