Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, SECOND SESSION

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

Vol. 162 WASHINGTON, MONDAY, JANUARY 11, 2016 No. 6 House of Representatives The House met at noon and was branded yarns for customers at every mass energy. It also produces more fuel called to order by the Speaker pro tem- level of the supply chain. than any other biofuel source. pore (Mr. SMITH of Nebraska). Unifi employs about 950 people in Repreve Renewables has had significant commercial success with Thrivez, f North Carolina’s Fifth District at its Repreve Recycling Center in its poultry bedding brand. Thrivez DESIGNATION OF SPEAKER PRO Yadkinville. The company is currently regrows annually without replanting, TEMPORE constructing an 85,000-square-foot ex- reducing soil erosion, improving water The SPEAKER pro tempore laid be- pansion that will more than double the quality, and minimizing water, herbi- fore the House the following commu- size of the facility. cide, and fertilizer needs. nication from the Speaker: Repreve is polyester yarn made from Unifi has been profitable for 5 con- chips that come mainly from recycled secutive years, and Repreve has ex- WASHINGTON, DC, panded from two main apparel cus- January 11, 2016. plastic bottles and industrial fiber tomers in 2007 to 32 in 2015. I commend I hereby appoint the Honorable ADRIAN waste. These environmentally friendly SMITH to act as Speaker pro tempore on this yarns have been used in products for Unifi for achieving economic success day. customers that include Ford, The through sustainability. PAUL D. RYAN, North Face, Nike, Haggar, Quiksilver, f Speaker of the House of Representatives. Volcom, and Patagonia. For example, a MALHEUR WILDLIFE REFUGE f classic fit casual dress pant by Haggar The SPEAKER pro tempore. The features seven recycled bottles. Seat MORNING-HOUR DEBATE Chair recognizes the gentleman from covers in a Ford F–150 truck contain 16 The SPEAKER pro tempore. Pursu- Oregon (Mr. BLUMENAUER) for 5 min- recycled bottles. utes. ant to the order of the House of Janu- Unifi is currently converting about 42 ary 5, 2016, the Chair will now recog- Mr. BLUMENAUER. Mr. Speaker, million pounds of recycled products a today is the ninth day of armed occu- nize Members from lists submitted by year into chips at its Yadkinville facil- the majority and minority leaders for pation of the Malheur National Wild- ity. That includes 31 million pounds of life Refuge in Oregon—lawless, reckless morning-hour debate. post-consumer plastic bottles and 11 behavior. As the Audubon Society The Chair will alternate recognition million pounds of post-industrial fiber points out: putting one of America’s between the parties, with each party and fabric waste. Once the expansion is most important wildlife refuges at risk limited to 1 hour and each Member complete, it will recycle 72 million and threatening Federal employees. other than the majority and minority pounds annually. David Jenkins, president of Conserv- leaders and the minority whip limited At current production levels, the atives for Responsible Stewardship, to 5 minutes, but in no event shall de- Yadkinville center accounts annually points out they are trampling on the bate continue beyond 1:50 p.m. for the conversion of 900 million recy- rights of every American, they are the f cled plastic bottles and saves the opposite of conservatives, and they will equivalent of 16 million gallons of gas- RECOGNIZING UNIFI MANUFAC- continue to bully, threaten, and test oline that would be required to make the limits of civil society until they TURING, INCORPORATED FOR ITS new polyester and nylon. COMMITMENT TO RECYCLING are stopped. Jenkins urged the Obama Last spring, Unifi also opened a 1- administration to follow Teddy Roo- The SPEAKER pro tempore. The megawatt solar farm onsite in sevelt’s advice that the law must be en- Chair recognizes the gentlewoman from Yadkinville. The solar farm is pro- forced with resolute firmness. North Carolina (Ms. FOXX) for 5 min- jected to provide about 10 percent of I fully understand policy differences, utes. the energy needed to run the recycling that compromises must be made and Ms. FOXX. Mr. Speaker, today, I rise center. that there will be mistakes. I have to commend Unifi Manufacturing, In- Additionally, Unifi is expanding the worked with my Republican colleague corporated for its commitment to recy- Repreve brand through its 60 percent GREG WALDEN, whose neighboring dis- cling. interest in Repreve Renewables, a bio- trict goes all the way to the Idaho bor- Headquartered in Greensboro, Unifi mass feedstock company that focuses der, as we struggled to make broad is a leading producer and processor of on the direct sales of Freedom Giant Federal policy work better for every- multifilament polyester and nylon tex- Miscanthus to farmers. Some analysts one as we spent several years devel- tured yarns. They provide innovative, believe this type of grass is extremely oping a vision for Mount Hood that in- global textile solutions and unique efficient in converting sunlight to bio- cluded protections for wilderness and

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 02:49 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.000 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H226 CONGRESSIONAL RECORD — HOUSE January 11, 2016 practices for infrastructure and man- RECESS on September 11, 1943, 28-year-old agement. It is an ongoing effort. But The SPEAKER pro tempore. Pursu- Sandy Thompson left her teaching job with 323 million Americans, diverse ant to clause 12(a) of rule I, the Chair and volunteered for the Women landscapes, and philosophies that are declares the House in recess until 2 Airforce Service Pilots, better known buried, there are going to be struggles p.m. today. as the WASP. As a pilot, she towed tar- and differences that continue. Accordingly (at 12 o’clock and 9 min- gets for live antiaircraft practice, The answer is to keep working to utes p.m.), the House stood in recess. helped deliver planes to overseas bases, and tested new aircraft. find common ground, like we did with f our staff and families on a 3-day hike Of the 1,000 women who were WASPs, around that magnificent mountain. b 1400 38 were killed during their missions. Sixteen of these unsung heroes still For that moment, Mount Hood wasn’t AFTER RECESS the dividing line between our districts; live in Texas, and these pilots are part it was a point around which we could The recess having expired, the House of the Greatest Generation. come together to agree and work to was called to order by the Speaker pro WASPs were considered civilians make things better. It brought us to- tempore (Mr. DENHAM) at 2 p.m. until 1977. Then Congress granted them gether. That is exactly what needs to f veteran status. In 2002, the WASPs happen now. were allowed to be cremated and have PRAYER their ashes placed in Arlington Na- There are tremendous challenges in The Chaplain, the Reverend Patrick tional Cemetery, but now bureaucrats our State of Oregon. We have a wildlife have decided that these veterans are refuge in the Klamath Basin with a his- J. Conroy, offered the following prayer: Merciful God, we give You thanks for not worthy of having a proper military toric opportunity to remove unneces- burial and have revoked burial rights sary dams that even the private owner giving us another day. Bless this place, this Chamber of the in Arlington. The reason they say is a doesn’t feel it could maintain, to help lack of space. This is disgraceful. A restore damage to salmon runs, to be House of Representatives. In the opening weeks of this new ses- lack of space is a sorry excuse to dis- able to deal with a parched wildlife honor these veterans. basin in the middle of a desert. sion, surround us with Your spirit. En- compass with Your power all the walls Mr. Speaker, the government owns 23 The Federal Government has prom- and the dome of this building, truly a percent of the land mass in the United ised far more in that basin to the symbol to the world of unalienable States. Find space to permanently stakeholders than it can deliver. There rights and the freedom of people. honor these female veterans. is a huge responsibility for all of us in May Your divine blessing shield and And that is just the way it is. the Federal Government to help un- protect this place from all attack, de- wind this unsustainable situation. struction, storm, sickness, and all that f Native Americans, particularly in might bring evil to Your people or the Northwest, despite solemn treaty shake the soul of this Nation. FEDERAL GOVERNMENT MUST rights promised to them by the Federal Guide and protect the Members of HELP CORRECT MANMADE DIS- Government and ratified by Congress, this assembly and all servants in gov- ASTER IN FLINT, MICHIGAN have long been abused and ignored. ernment, including all who work in (Mr. KILDEE asked and was given They deserve to be taken seriously and this place. May the comings and goings permission to address the House for 1 their rights respected. of Your people be under the seal of minute.) There are opportunities, like dam re- Your loving care, and may all that is Mr. KILDEE. Mr. Speaker, I rise to moval, that signal a winning oppor- done be for Your greater honor and talk to this Congress about my home- tunity to keep faith with our environ- glory. town of Flint, Michigan. mental responsibilities and treaty obli- Amen. This morning I wrote to the Presi- gations to Native Americans, to wild- f dent and wrote a letter to our Gov- life, and to the surrounding area. ernor, asking for help for my home- THE JOURNAL Far from being a threat to the re- town. The SPEAKER pro tempore. The gion’s economy, the removal, in an en- Almost beyond belief, for a year and Chair has examined the Journal of the vironmentally responsible way, of the a half, the city of Flint has had water last day’s proceedings and announces four dams which generate little energy running through the pipes and into the to the House his approval thereof. will provide hundreds of family wage homes of the people in Flint. The water Pursuant to clause 1, rule I, the Jour- jobs for years that will inject badly has extraordinarily high levels of lead, nal stands approved. needed money into the region in the which can affect the trajectory of a deconstruction phase, to say nothing of f child’s life permanently. This was a decision made by the the long-term benefits for tourism, PLEDGE OF ALLEGIANCE recreation, and enhanced environment. State government when it took over The SPEAKER pro tempore. Will the the city of Flint because of its finan- Let’s seize the opportunity in the gentleman from Texas (Mr. POE) come cial situation. To save a few dollars, it Klamath. Let’s take the opportunity to forward and lead the House in the switched from Lake Huron as its pri- implement the long-term vision and Pledge of Allegiance. mary water source to the Flint River, water restoration for the Malheur Mr. POE of Texas led the Pledge of without even any science or thought as Basin. These are items where hundreds Allegiance as follows: to how the river might be treated. As a and hundreds of people have labored in I pledge allegiance to the Flag of the result, that corrosive river has put lead good faith for tens of thousands of United States of America, and to the Repub- into the water source and into the bod- hours. They don’t need armed outsiders lic for which it stands, one nation under God, ies of young children. to come to Oregon, threatening public indivisible, with liberty and justice for all. Today, finally, after months and safety and the precious resources for f months and months, apparently, our their own political gains. Governor is going to announce some We ought to be able, in our region, to THE WASPS ARE BEING DENIED sort of response at the State level. I snatch victory from the jaws of defeat, BURIAL AT ARLINGTON CEME- can assure you this: There is no con- discord, and the specter of dissension, TERY fidence of the people of the city of anger, and a continued sense of (Mr. POE of Texas asked and was Flint and of the people of Michigan—I victimhood and loss. We don’t have to given permission to address the House have, certainly, no confidence myself— do that. Let’s build on the progress for 1 minute and to revise and extend that the State’s response will be ade- that we have established and work to- his remarks.) quate. I am asking the Federal Govern- gether to make these people and our- Mr. POE of Texas. Mr. Speaker, the ment to step in and help correct this selves winners. great World War II was at its peak. So, manmade disaster in Flint, Michigan.

VerDate Sep 11 2014 02:49 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.010 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H227 HONORING THE LIFE OF CARLYLE CHILD NICOTINE POISONING the special packaging of a household sub- FARNSWORTH PREVENTION ACT OF 2015 stance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 (Mr. MCKINLEY asked and was given Mrs. BROOKS of Indiana. Mr. Speak- U.S.C. 1472(a)). permission to address the House for 1 er, I move to suspend the rules and (d) DEFINITIONS.—In this section: minute.) pass the bill (S. 142) to require special (1) COMMISSION.—The term ‘‘Commission’’ Mr. MCKINLEY. Mr. Speaker, I rise packaging for liquid nicotine con- means the Consumer Product Safety Com- to recognize and honor the life of tainers, and for other purposes. mission. Carlyle Farnsworth from Wheeling, The Clerk read the title of the bill. (2) LIQUID NICOTINE CONTAINER.— (A) IN GENERAL.—Notwithstanding section who passed away on Christmas Eve. The text of the bill is as follows: 2(f)(2) of the Federal Hazardous Substances I was honored to have known him as S. 142 Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of a friend. Carlyle was a member of the Be it enacted by the Senate and House of Rep- the Consumer Product Safety Act (15 U.S.C. Greatest Generation in America, and resentatives of the United States of America in 2052(a)(5)), the term ‘‘liquid nicotine con- he served in the United States Marine Congress assembled, tainer’’ means a package (as defined in sec- Corps during World War II. When he re- SECTION 1. SHORT TITLE. tion 2 of the Poison Prevention Packaging turned home, he built a career, raised a This Act may be cited as the ‘‘Child Nico- Act of 1970 (15 U.S.C. 1471))— family, and was a community leader tine Poisoning Prevention Act of 2015’’. (i) from which nicotine in a solution or other form is accessible through normal and for a number of years. SEC. 2. SPECIAL PACKAGING FOR LIQUID NICO- TINE CONTAINERS. foreseeable use by a consumer; and He served on the board of the Wheel- (ii) that is used to hold soluble nicotine in ing Hospital for 29 years and was a past (a) REQUIREMENT.—Notwithstanding section 2(f)(2) of the Federal Hazardous Sub- any concentration. president. He was president of the stances Act (15 U.S.C. 1261(f)(2)) and section (B) EXCLUSION.—The term ‘‘liquid nicotine Wheeling Area Chamber of Commerce, 3(a)(5) of the Consumer Product Safety Act container’’ does not include a sealed, pre- was active in scouting with the local (15 U.S.C. 2052(a)(5)), any nicotine provided in filled, and disposable container of nicotine in valley Scout council, and served as the a liquid nicotine container sold, offered for a solution or other form in which such con- vice president of the Scouts for over 20 sale, manufactured for sale, distributed in tainer is inserted directly into an electronic cigarette, electronic nicotine delivery sys- years. Carlyle attended the very first commerce, or imported into the United States shall be packaged in accordance with tem, or other similar product, if the nicotine National Scouting Jamboree right here in the container is inaccessible through cus- in Washington in 1937. the standards provided in section 1700.15 of title 16, Code of Federal Regulations, as de- tomary or reasonably foreseeable handling He was a distinguished banker for termined through testing in accordance with or use, including reasonably foreseeable in- over 40 years and served as the bank the method described in section 1700.20 of gestion or other contact by children. president for many of those years. He title 16, Code of Federal Regulations, and (3) NICOTINE.—The term ‘‘nicotine’’ means belonged to numerous State and na- any subsequent changes to such sections any form of the chemical nicotine, including tional banking associations and served adopted by the Commission. any salt or complex, regardless of whether the chemical is naturally or synthetically (b) SAVINGS CLAUSE.— on the West Virginia State Board of In- derived. (1) IN GENERAL.—Nothing in this Act shall vestments. SEC. 3. EFFECTIVE DATE. My lasting impression of Carlyle was be construed to limit or otherwise affect the authority of the Secretary of Health and This Act shall take effect on the date that how cheerful, upbeat, and positive he Human Services to regulate, issue guidance, is 180 days after the date of the enactment of was. I offer my condolences to his lov- or take action regarding the manufacture, this Act. ing wife of 44 years, Sue; to his daugh- marketing, sale, distribution, importation, The SPEAKER pro tempore. Pursu- ter, Betsy Ann; to his son, Thomas, and or packaging, including child-resistant pack- ant to the rule, the gentlewoman from his wife C.J. aging, of nicotine, liquid nicotine, liquid nic- Indiana (Mrs. BROOKS) and the gen- Carlyle will be missed, but he will be otine containers, electronic cigarettes, elec- tleman from Maryland (Mr. SARBANES) remembered as a leader, as a loving tronic nicotine delivery systems or other each will control 20 minutes. husband, and as an inspiration to all of similar products that contain or dispense liq- The Chair recognizes the gentle- uid nicotine, or any other nicotine-related woman from Indiana. those with whom he came in contact. products, including— GENERAL LEAVE f (A) authority under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) Mrs. BROOKS of Indiana. Mr. Speak- RECESS and the Family Smoking Prevention and To- er, I ask unanimous consent that all bacco Control Act (Public Law 111–31) and Members may have 5 legislative days The SPEAKER pro tempore. Pursu- the amendments made by such Act; and in which to revise and extend their re- ant to clause 12(a) of rule I, the Chair (B) authority for the rulemaking entitled marks and to insert extraneous mate- declares the House in recess until ap- ‘‘Deeming Tobacco Products to Be Subject to rials into the RECORD. proximately 3:45 p.m. today. the Federal Food, Drug, and Cosmetic Act, The SPEAKER pro tempore. Is there Accordingly (at 2 o’clock and 7 min- as Amended by the Family Smoking Preven- objection to the request of the gentle- utes p.m.), the House stood in recess. tion and Tobacco Control Act; regulations on the Sale and Distribution of Tobacco Prod- woman from Indiana? f ucts and the Required Warning Statements There was no objection. for Tobacco Products’’ (April 2014) (FDA– Mrs. BROOKS of Indiana. Mr. Speak- b 1548 2014–N–0189), the rulemaking entitled ‘‘Nico- er, I yield myself such time as I may tine Exposure Warnings and Child-Resistant consume. AFTER RECESS Packaging for Liquid Nicotine, Nicotine- Recently there has been a significant The recess having expired, the House Containing E-Liquid(s), and Other Tobacco amount of debate surrounding liquid was called to order by the Speaker pro Products’’ (June 2015) (FDA–2015–N–1514), and nicotine, ranging from its use as ciga- subsequent actions by the Secretary regard- rette cessation to its use in public tempore (Mr. RIBBLE) at 3 o’clock and ing packaging of liquid nicotine containers. 48 minutes p.m. spaces. While there are differing points (2) CONSULTATION.—If the Secretary of on the future of vaping, everyone can f Health and Human Services adopts, maintains, enforces, or imposes or continues in ef- agree on the need to prevent the product from inadvertently reaching the ANNOUNCEMENT BY THE SPEAKER fect any packaging requirement for liquid hands of children. PRO TEMPORE nicotine containers, including a child-resistant packaging requirement, the Secretary That is why my colleague from Con- The SPEAKER pro tempore. Pursu- shall consult with the Commission, taking necticut (Ms. ESTY) and I introduced ant to clause 8 of rule XX, the Chair into consideration the expertise of the Com- the Child Nicotine Poisoning Preven- will postpone further proceedings mission in implementing and enforcing this tion Act, which simply requires child today on motions to suspend the rules Act and the Poison Prevention Packaging safety packaging be added to liquid on which a recorded vote or the yeas Act of 1970 (15 U.S.C. 1471 et seq.). nicotine containers. The bill we are and nays are ordered, or on which the (c) APPLICABILITY.—Notwithstanding sec- considering today and have already tion 3(a)(5) of the Consumer Product Safety vote incurs objection under clause 6 of Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of passed in the Senate is identical to our rule XX. the Federal Hazardous Substances Act (15 bill, which passed out of the Com- Record votes on postponed questions U.S.C. 1261(f)(2)), the requirement of sub- mittee on Energy and Commerce in Oc- will be taken later. section (a) shall be treated as a standard for tober of last year.

VerDate Sep 11 2014 02:49 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.005 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H228 CONGRESSIONAL RECORD — HOUSE January 11, 2016 Liquid nicotine, the product that is which would protect children from ex- being sold right now through e-ciga- used in vaping pipes, is getting into the posure to liquid nicotine. rettes. The packages are brightly col- hands of children at a startling rate. I Liquid nicotine comes in a variety of ored. They look like candy. They have witnessed this firsthand when I had the flavors, like orange, grape, bubblegum, flavors like strawberry, gummy bears, opportunity to visit the Indiana Poison and cotton candy, which appeal to cotton candy, peppermint, chocolate. Control Centers last year. kids, and many of these liquid nicotine Once you open the package, it smells Their director, Dr. Jim Mowry, products are easily accessible to chil- like candy. shared with me that exposures to e- dren for contact and consumption. At It is not surprising, particularly at cigarettes in Indiana alone have in- this time, there is no existing standard the holidays, that children who are see- creased eightfold from 2011 to 2014. The to protect against accidental poi- ing brightly colored food flavorings and numbers nationwide are even more soning. who are dyeing cookies and making startling, with poison control centers The threat of poisoning is not an them bright colors would be curious. across the country showing a 14-fold in- imagined threat. About a year ago the They smell it and want to taste it. Just crease in the exposure to e-cigarettes, first American victim—a 1-year-old— a little over a year ago a 2-year-old from 271 cases in 2011 to just under 4,000 died from liquid nicotine poisoning. died in New York from ingesting this. cases in 2014. The number of calls to poison control Even a small bottle of liquid nicotine Attracted by flavors like Skittles centers about liquid nicotine continues has enough poison to kill four small and Apple Jacks, curious children are to rise, and more than half of those re- children; so, I am grateful to my often tempted to taste this liquid. Un- ported exposures occurred in children friends today on both sides of the aisle fortunately, a single teaspoon of this who were under 6 years of age. for having joined us to reduce the risk liquid can be deadly to a child if it is This bill, as you heard, takes the of these poisonings by adding the sim- either ingested or absorbed through the commonsense step of directing the ple packaging that we are all familiar skin. Consumer Product Safety Commission with, those plastic wrappings that are Since there are no safety packaging to limit the risks of child liquid nico- on every bottle of eyedrops, on every requirements currently under Federal tine poisoning by requiring special bottle of contact lens solution, and on law, children aren’t hindered in any packaging for liquid nicotine con- all poisons and commonsense house- way from having access to this poten- tainers. hold products that we know could en- tially lethal product. With vaping be- At the same time, it allows the Food danger an adult. coming even more popular across the and Drug Administration to continue But here we are talking about chil- country and with an estimated 36 per- with its rules on tobacco products, in- dren, and they deserve our protection. cent of e-cigarette users not locking up cluding the requirement for the Liquid nicotine, which is just as dan- bottles of liquid nicotine or using childproof packaging of liquid nicotine. gerous, deserves to have that pack- childproof caps, I fear these calls to the The FDA’s authority to do so is aging. This bipartisan legislation will re- poison control centers will only con- clear, and I strongly encourage the Of- tinue to rise. quire that all liquid nicotine quantities fice of Management and Budget to fin- That is why the bill in front of us be childproofed. It is a simple, com- ish its review of the tobacco rule so the today is so important. Very simply, it monsense measure. It will save lives. I rules can go into effect quickly. solves the problem that we have by ap- ask that all of my colleagues support I hope and expect this will be as plying to liquid nicotine the existing this legislation today so as to ensure widely supported in the House as it was childproofing requirements found in that liquid nicotine packaging in all in the Senate. I salute Representative the Poison Prevention Act. We shield sizes and shapes and colors and flavors BROOKS. I also thank Representative our children from hazardous products. is childproofed. ELIZABETH ESTY for her important Liquid nicotine should be no exception. We have worked very hard to ensure leadership on this critical issue and for Now, I know that the FDA also plans that we are working within the FDA’s working across the aisle, from the out- to regulate in this space and some have authority, giving them time to develop set, to advance this bill. expressed worry about the overlapping final rules. But, frankly, we have al- Mr. Speaker, I reserve the balance of regulations that this bill might im- ready waited over a year. We have al- my time. pose. I am hopeful that the savings ready had a death in the last year, and Mrs. BROOKS of Indiana. Mr. Speak- clause that we have added to the bill there has been a huge increase in the er, I reserve the balance of my time. will allay the fears of those skeptics number of calls to poison centers. So it since it explicitly allows the FDA to Mr. SARBANES. Mr. Speaker, I yield such time as she may consume to the is past time for us to act. continue its regulatory authority. Again I thank my colleagues, par- gentlewoman from Connecticut (Ms. There is a significant amount of de- ticularly the chairman and SUSAN ESTY). bate about the FDA’s authority in this BROOKS, for their leadership. area and when it will act. Regardless, Ms. ESTY. Mr. Speaker, I rise today I urge my colleagues to join us today. since the FDA hasn’t even produced a in support of the Child Nicotine Poi- Let’s get this on the President’s desk proposed rule yet, a final rule will like- soning Prevention Act. for signature. Let’s get our children Along with Senator NELSON, I proudly not be finalized for over a year. That protected from the dangers of liquid ly introduced the Child Nicotine Pre- is a year of more calls to poison con- nicotine. trol centers across the country and a vention Act last year. This year it has Mr. SARBANES. Mr. Speaker, I urge year of kids being needlessly exposed been a real pleasure to work with my support of this important bill. to an easily preventable danger. Let’s good friend SUSAN BROOKS. I yield back the balance of my time. solve the problem right now by passing I would like to thank her as well as Mrs. BROOKS of Indiana. Mr. Speak- this legislation and sending it to the Representative SCHAKOWSKY, Rep- er, I yield myself the balance of my President’s desk today. resentative SARBANES, Chairman time. In closing, I express my thanks to my UPTON, Ranking Member PALLONE, and In closing, as the gentlewoman from colleague, the gentlewoman from Con- all of the staff for their help on this Connecticut (Ms. ESTY) so eloquently necticut (Ms. ESTY). This is something commonsense, important—literally, stated, I also commend my colleagues that I know she has worked on for lifesaving—legislation that I hope we on the Committee on Energy and Com- quite some time; so, I thank her for will pass today and put on the Presi- merce for seeing the importance of helping to spearhead this effort and for dent’s desk tonight. this. helping us to craft a bill that will pro- As a mom, I can only imagine the I thank Mr. SARBANES, the chairman, tect children for generations to come. pain felt by parents whose children and the ranking member for moving on Mr. Speaker, I reserve the balance of have been poisoned by a substance this commonsense legislation. I thank my time. that, so far, the Federal Government Ms. ESTY for being a champion of the Mr. SARBANES. Mr. Speaker, I yield has done nothing from which to protect Child Nicotine Poisoning Prevention myself such time as I may consume. their children. Act. I rise in support of S. 142, the Child It is understandable that children are I urge all of my colleagues to support Nicotine Poisoning Prevention Act, attracted by the liquid nicotine that is this bill.

VerDate Sep 11 2014 02:49 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.008 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H229 Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The Sec. 302. Report on North Korean prison of my time. question is on the motion offered by camps. Ms. JACKSON LEE. Mr. Speaker, I rise in the gentlewoman from Indiana (Mrs. Sec. 303. Report on persons who are responsible for serious human rights support to S. 142, the ‘‘Child Nicotine Poi- Brooks) that the House suspend the abuses or censorship in North soning Prevention Act,’’ which requires any rules and pass the bill, S. 142. Korea. nicotine provided in a liquid nicotine container The question was taken; and (two- TITLE IV—GENERAL AUTHORITIES sold, offered for sale, manufactured for sale, thirds being in the affirmative) the Sec. 401. Suspension of sanctions and other distributed in commerce must be in special rules were suspended and the bill was measures. packaging that is difficult for children under passed. Sec. 402. Termination of sanctions and other five years of age to open or access harmful A motion to reconsider was laid on measures. contents. the table. Sec. 403. Authority to consolidate reports. As the founding member and Chair of the f Sec. 404. Regulations. Congressional Children’s Caucus, I am in sup- Sec. 405. No additional funds authorized. b 1600 Sec. 406. Effective date. port of this bill because it places the safety of NORTH KOREA SANCTIONS SEC. 2. FINDINGS. children first. Congress finds the following: Today, small children are at risk of injury ENFORCEMENT ACT OF 2016 (1) The Government of North Korea has re- and death from easily accessed liquid nicotine Mr. ROYCE. Mr. Speaker, I move to peatedly violated its commitments to the used to refill electronic cigarettes. suspend the rules and pass the bill complete, verifiable, irreversible dismantle- Nicotine liquids used in e-cigarettes are sold (H.R. 757) to improve the enforcement ment of its nuclear weapons programs, and without child proof packaging. of sanctions against the Government of has willfully violated multiple United Na- Further, these nicotine products are attrac- North Korea, and for other purposes, as tions Security Council resolutions calling for it to cease its development, testing, and tive to children because they come in a wide amended. range of candy flavors such as gummy bear, production of weapons of mass destruction. The Clerk read the title of the bill. (2) North Korea poses a grave risk for the cotton candy and chocolate. The text of the bill is as follows: proliferation of nuclear weapons and other Liquid nicotine is highly toxic and sold in a H.R. 757 weapons of mass destruction. highly concentrated form. Be it enacted by the Senate and House of Rep- (3) The Government of North Korea has Many liquid nicotine products contain nearly resentatives of the United States of America in been implicated repeatedly in money laun- 36 mg of nicotine per milliliter of liquid. Congress assembled, dering and illicit activities, including pro- According to the Campaign for Tobacco SECTION 1. SHORT TITLE; TABLE OF CONTENTS. hibited arms sales, narcotics trafficking, the Free Kids the concentrated form of nicotine in (a) SHORT TITLE.—This Act may be cited as counterfeiting of United States currency, liquid form intended for use in smokeless ciga- the ‘‘North Korea Sanctions Enforcement and the counterfeiting of intellectual prop- Act of 2016’’. erty of United States persons. rettes would only take a small 15 milliliter dose (4) The Government of North Korea has, to kill four toddlers. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: both historically and recently, repeatedly According to the Centers for Disease Con- sponsored acts of international terrorism, in- trol the number of calls to poison centers in- Sec. 1. Short title; table of contents. Sec. 2. Findings. cluding attempts to assassinate defectors volving e-cigarette liquids containing nicotine Sec. 3. Definitions. and human rights activists, repeated threats of violence against foreign persons, leaders, rose from one per month in September 2010 TITLE I—INVESTIGATIONS, PROHIBITED to 215 per month in February 2014. newspapers, and cities, and the shipment of CONDUCT, AND PENALTIES weapons to terrorists and state sponsors of Data from the American Association of Poi- Sec. 101. Statement of policy. son Control Centers (AAPCC) showed nearly terrorism. Sec. 102. Investigations. (5) North Korea has unilaterally withdrawn 4,000 adverse incidents related to e-cigarette Sec. 103. Briefing to Congress. from the 1953 Armistice Agreement that exposures in 2014, a 145 percent increase Sec. 104. Designation of persons for prohib- ended the Korean War, and committed provo- from 2013 and a 14-fold increase since 2011. ited conduct and mandatory cations against South Korea in 2010 by sink- In 2015, there were 1,499 calls to Poison and discretionary designation ing the warship Cheonan and killing 46 of her and sanctions authorities. crew, and by shelling Yeonpyeong Island, Control Centers through May 31, 2015 that Sec. 105. Forfeiture of property. were liquid nicotine related. killing four South Koreans. TITLE II—SANCTIONS AGAINST NORTH (6) North Korea maintains a system of bru- This bill would save children’s lives by al- KOREAN PROLIFERATION, HUMAN lowing the Consumer Product Safety Commis- tal political prison camps that contain as RIGHTS ABUSES, ILLICIT ACTIVITIES, many as 120,000 men, women, and children, sion (CPSC) the authority to require the use of AND SIGNIFICANT ACTIVITIES UNDER- who live in atrocious living conditions with child-resistant packaging on liquid nicotine MINING CYBER SECURITY insufficient food, clothing, and medical care, containers sold to consumers. Sec. 201. Determinations with respect to and under constant fear of torture or arbi- The CPSC currently requires such pack- North Korea as a jurisdiction of trary execution. aging on many common toxic household sub- primary money laundering con- (7) The Congress reaffirms the purposes of stances like bleach, as well as FDA-regulated cern. the North Korean Human Rights Act of 2004 products like prescription drugs. Sec. 202. Ensuring the consistent enforce- contained in section 4 of such Act (22 U.S.C. S. 142 is needed to save children from un- ment of United Nations Secu- 7802). rity Council resolutions and fi- (8) North Korea has prioritized weapons necessary poisonings from liquid nicotine. nancial restrictions on North programs and the procurement of luxury The most recent National Youth Tobacco Korea. goods, in defiance of United Nations Security Survey showed e-cigarette use is growing fast, Sec. 203. Proliferation prevention sanctions. Council resolutions, and in gross disregard of and now this report shows e-cigarette related Sec. 204. Procurement sanctions. the needs of its people. poisonings are also increasing rapidly,’’ said Sec. 205. Enhanced inspections authorities. (9) The President has determined that the Tim McAfee, M.D., M.P.H., Director of CDC’s Sec. 206. Travel sanctions. Government of North Korea is responsible Sec. 207. Exemptions, waivers, and removals Office on Smoking and Health. for knowingly engaging in significant activi- of designation. ties undermining cyber security with respect We all must do our part to reduce liquid nic- Sec. 208. Report on those responsible for otine poisoning of children. to United States persons and interests, and knowingly engaging in signifi- for threats of violence against the civilian It will take the efforts of members of the cant activities undermining population of the United States. House in voting to pass this bill, health care cyber security. (10) Persons, including financial institu- providers, e-cigarette companies and distribu- Sec. 209. Sense of Congress that trilateral tions, who engage in transactions with, or tors, and the public need to join efforts to keep cooperation among the United provide financial services to, the Govern- our children safe from potential health risk States, Japan, and the Republic ment of North Korea and its financial insti- of Korea is crucial to the sta- from e-cigarettes. tutions without establishing sufficient finan- bility of the Asia-Pacific re- cial safeguards against North Korea’s use of Strategies to monitor and prevent future gion. poisonings are critical given the rapid increase these transactions to promote proliferation, Sec. 210. Report on nuclear program co- weapons trafficking, human rights viola- in e-cigarette related poisonings and the first operation between North Korea tions, illicit activity, and the purchase of step is voting for S. 142. and Iran. luxury goods, aid and abet North Korea’s I ask my colleagues to join me in support of TITLE III—PROMOTION OF HUMAN misuse of the international financial system, S. 142, ‘‘Child Nicotine Poisoning Prevention RIGHTS and also violate the intent of relevant Act.’’ Sec. 301. Information technology. United Nations Security Council resolutions.

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(11) The Government of North Korea’s con- (8) MONETARY INSTRUMENT.—The term (4) to enforce sanctions in a manner that duct poses an imminent threat to the secu- ‘‘monetary instrument’’ has the meaning avoids any adverse humanitarian impact on rity of the United States and its allies, to given such term under section 5312 of title 31, the people of North Korea to the extent pos- the global economy, to the safety of mem- United States Code. sible and in a manner that does not unduly bers of the United States Armed Forces, to (9) NORTH KOREAN FINANCIAL INSTITUTION.— constrain the enforcement of such sanctions. the integrity of the global financial system, The term ‘‘North Korean financial institu- SEC. 102. INVESTIGATIONS. to the integrity of global nonproliferation tion’’ means— The President shall initiate an investiga- programs, and to the people of North Korea. (A) a financial institution organized under tion into the possible designation of a person (12) The Congress seeks, through this legis- the laws of North Korea or any jurisdiction under section 104(a) upon receipt by the lation, to use nonmilitary means to address within North Korea (including a foreign President of credible information indicating this crisis, to provide diplomatic leverage to branch of such institution); that such person has engaged in conduct de- negotiate necessary changes in North Ko- (B) any financial institution located in scribed in section 104(a). rea’s conduct, and to ease the suffering of North Korea, except as may be excluded from SEC. 103. BRIEFING TO CONGRESS. the people of North Korea. such definition by the President in accordance with section 207(d); Not later than 180 days after the date of SEC. 3. DEFINITIONS. the enactment of this Act, and periodically In this Act: (C) any financial institution, wherever located, owned or controlled by the Govern- thereafter, the President shall provide to the (1) APPLICABLE EXECUTIVE ORDER.—The ment of North Korea; and appropriate congressional committees a term ‘‘applicable Executive order’’ means— (D) any financial institution, wherever lo- briefing on efforts to implement this Act, to (A) Executive Order No. 13382 (2005), 13466 cated, owned or controlled by a financial in- include the following, to the extent the in- (2008), 13551 (2010), 13570 (2011), or 13687 (2015) stitution described in subparagraph (A), (B), formation is available: to the extent that such Executive order au- or (C). (1) The principal foreign assets and sources thorizes the imposition of sanctions on per- (10) OTHER STORES OF VALUE.—The term of foreign income of the Government of sons for conduct, or prohibits transactions or ‘‘other stores of value’’ means— North Korea. activities, involving the Government of (A) prepaid access devices, tangible or in- (2) A list of the persons designated under North Korea; or tangible prepaid access devices, or other in- subsections (a) and (b) of section 104. (B) any Executive order adopted on or after struments or devices for the storage or (3) A list of the persons with respect to the date of the enactment of this Act, to the transmission of value, as defined in part 1010 which sanctions were waived or removed extent that such Executive order authorizes of title 31, Code of Federal Regulations; and under section 207. the imposition of sanctions on persons for (B) any covered goods, as defined in section (4) A summary of any diplomatic efforts conduct, or prohibits transactions or activi- 1027.100 of title 31, Code of Federal Regula- made in accordance with section 202(b) and ties, involving the Government of North tions, and any instrument or tangible or in- of the progress realized from such efforts, in- Korea. tangible access device used for the storage cluding efforts to encourage the European (2) APPLICABLE UNITED NATIONS SECURITY and transmission of a representation of cov- Union and other states and jurisdictions to COUNCIL RESOLUTION.—The term ‘‘applicable ered goods, or other device, as defined in sec- sanction and block the assets of the Foreign United Nations Security Council resolution’’ tion 1027.100 of title 31, Code of Federal Regu- Trade Bank of North Korea and Daedong means— lations. Credit Bank. (A) United Nations Security Council Reso- (11) PERSON.—The term ‘‘person’’ has the SEC. 104. DESIGNATION OF PERSONS FOR PRO- lution 1695 (2006), 1718 (2006), 1874 (2009), 2087 meaning given such term in section 510.306 of HIBITED CONDUCT AND MANDA- (2013), or 2094 (2013); or title 31, Code of Federal Regulations. TORY AND DISCRETIONARY DES- (B) any United Nations Security Council (12) SIGNIFICANT ACTIVITIES UNDERMINING IGNATION AND SANCTIONS AU- resolution adopted on or after the date of the CYBER SECURITY.—The term ‘‘significant ac- THORITIES. enactment of this Act, to the extent that tivities undermining cyber security’’ (a) PROHIBITED CONDUCT AND MANDATORY such resolution authorizes the imposition of means— DESIGNATION AND SANCTIONS AUTHORITY.— sanctions on persons for conduct, or pro- (A) significant efforts to— (1) CONDUCT DESCRIBED.—Except as prohibits transactions or activities, involving (i) deny access to or degrade, disrupt, or vided in section 207, the President shall des- the Government of North Korea. destroy an information and communications ignate under this subsection any person the (3) APPROPRIATE CONGRESSIONAL COMMIT- technology system or network; or President determines to— TEES.—The term ‘‘appropriate congressional (ii) exfiltrate information from such a sys- (A) have knowingly engaged in significant committees’’ means— tem or network without authorization; activities or transactions with the Govern- (A) the Committee on Foreign Affairs, the (B) significant destructive malware at- ment of North Korea that have materially Committee on Ways and Means, and the tacks; contributed to the proliferation of weapons Committee on Financial Services of the (C) significant denial of service activities; of mass destruction or their means of deliv- House of Representatives; and or ery (including missiles capable of delivering (B) the Committee on Foreign Relations (D) such other significant activities as may such weapons), including any efforts to man- and the Committee on Banking, Housing, be described in regulations promulgated to ufacture, acquire, possess, develop, trans- and Urban Affairs of the Senate. implement section 104. port, transfer, or use such items; (4) DESIGNATED PERSON.—The term ‘‘des- (13) UNITED STATES PERSON.—The term (B) have knowingly imported, exported, or ignated person’’ means a person designated ‘‘United States person’’ has the meaning reexported to, into, or from North Korea any under subsection (a) or (b) of section 104 for given such term in section 510.311 of title 31, significant arms or related materiel, wheth- purposes of applying one or more of the sanc- Code of Federal Regulations. er directly or indirectly; tions described in title I or II of this Act TITLE I—INVESTIGATIONS, PROHIBITED (C) have knowingly provided significant with respect to the person. CONDUCT, AND PENALTIES training, advice, or other services or assist- (5) GOVERNMENT OF NORTH KOREA.—The SEC. 101. STATEMENT OF POLICY. ance, or engaged in significant transactions, term ‘‘Government of North Korea’’ means— In order to achieve the peaceful disar- related to the manufacture, maintenance, or (A) the Government of the Democratic mament of North Korea, Congress finds that use of any arms or related materiel to be im- People’s Republic of Korea or any political it is necessary— ported, exported, or reexported to, into, or subdivision, agency, or instrumentality (1) to encourage all states to fully and from North Korea, or following their impor- thereof; and promptly implement United Nations Secu- tation, exportation, or reexportation to, (B) any person owned or controlled by, or rity Council Resolution 2094 (2013); into, or from North Korea, whether directly acting for or on behalf of, the Government of (2) to sanction— or indirectly; the Democratic People’s Republic of Korea. (A) persons that facilitate proliferation of (D) have knowingly, directly or indirectly, (6) INTERNATIONAL TERRORISM.—The term weapons of mass destruction, illicit activi- imported, exported, or reexported significant ‘‘international terrorism’’ has the meaning ties, arms trafficking, imports of luxury luxury goods to or into North Korea; given such term in section 140(d) of the For- goods, cash smuggling, censorship, and (E) have knowingly engaged in or been re- eign Relations Authorization Act, Fiscal knowingly engage in significant activities sponsible for censorship by the Government Years 1988 and 1989 (22 U.S.C. 2656f(d)), and undermining cyber security by the Govern- of North Korea, including prohibiting, lim- includes the conduct described in section ment of North Korea; and iting, or penalizing the exercise of freedom 212(a)(3)(B)(iii) of the Immigration and Na- (B) persons that fail to exercise due dili- of expression or assembly, limiting access to tionality Act (8 U.S.C. 1182(a)(3)(B)(iii)), to gence to ensure that financial institutions print, radio or other broadcast media, Inter- the extent such conduct involves the citizens do not facilitate any of the activities de- net or other electronic communications, or of more than one country. scribed in subparagraph (A) by the Govern- the facilitation or support of intentional fre- (7) LUXURY GOODS.—The term ‘‘luxury ment of North Korea; quency manipulation that would jam or re- goods’’ has the meaning given such term in (3) to deny the Government of North Korea strict an international signal; subpart 746.4 of title 15, Code of Federal Reg- access to the funds it uses to obtain nuclear (F) have knowingly engaged in or been re- ulations, and includes the items listed in weapons, ballistic missiles, offensive cyber sponsible for serious human rights abuses by Supplement No. 1 to such regulation, and capabilities, and luxury goods instead of pro- the Government of North Korea, including any similar items. viding for the needs of its people; and torture or cruel, inhuman, or degrading

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treatment or punishment, prolonged deten- other stores of value, including through cash (e) LICENSING.— tion without charges and trial, forced labor couriers transiting to or from North Korea, (1) LICENSE REQUIRED.—Not later than 180 or trafficking in persons, causing the dis- used to facilitate any conduct prohibited by days after the date of enactment of this Act, appearance of persons by the abduction and an applicable United Nations Security Coun- the President shall promulgate regulations clandestine detention of those persons, and cil resolution; prohibiting United States persons from en- other denial of the right to life, liberty, or (F) have knowingly, directly or indirectly, gaging in any transaction involving any the security of a person; engaged in significant activities under- property or services— (G) have knowingly, directly or indirectly, mining cyber security for, in support of on (A) in which the Government of North engaged in acts of money laundering, the behalf of, the Government of North Korea or Korea has an interest; counterfeiting of goods or currency, bulk any senior official thereof, or have know- (B) located in North Korea; cash smuggling, narcotics trafficking, or ingly contributed to the bribery of an official (C) of North Korean origin; or other illicit activity that involves or sup- of the Government of North Korea, the mis- (D) knowingly transferred, directly or indi- ports the Government of North Korea or any appropriation, theft, or embezzlement of rectly, to the Government of North Korea. senior official thereof, whether directly or public funds by, or for the benefit of, an offi- (2) TRANSACTION LICENSING.—The President indirectly; or cial of the Government of North Korea, or shall deny or revoke any license for any (H) have knowingly attempted to engage in the use of any proceeds of any such conduct; transaction that, in the determination of the any of the conduct described in subpara- or President, lacks sufficient financial controls graphs (A) through (G) of this paragraph. (G) have knowingly and materially as- to ensure that such transaction will not fa- (2) EFFECT OF DESIGNATION.—With respect sisted, sponsored, or provided significant fi- cilitate any of the conduct described in sub- to any person designated under this sub- nancial, material, or technological support section (a) or subsection (b). section, the President— for, or goods or services to or in support of, (3) LICENSING AUTHORIZATION.—The Presi- (A) shall exercise the authorities of the the conduct described in subparagraphs (A) dent may issue regulations to authorize— International Emergency Economic Powers through (F) of this paragraph or the conduct (A) transactions for the purposes described Act (50 U.S.C. 1705 et seq.) to block all prop- described in subparagraphs (A) through (G) in section 207; and erty and interests in property of any person of subsection (a)(1). (B) transactions and activities authorized designated under this subsection that are in (2) EFFECT OF DESIGNATION.—With respect under North Korean Human Rights Act of the United States, that hereafter come with- to any person designated under this sub- 2004 (22 U.S.C. 7801 et seq.). in the United States, or that are or hereafter section, the President— SEC. 105. FORFEITURE OF PROPERTY. come within the possession or control of any (A) may apply the sanctions described in (a) AMENDMENT TO PROPERTY SUBJECT TO United States person, including any foreign section 204; FORFEITURE.—Section 981(a)(1) of title 18, branch; and (B) may apply any of the special measures United States Code, is amended by adding at (B) may apply any of the sanctions de- described in section 5318A of title 31, United scribed in sections 204, 205(c), and 206. the end the following new subparagraph: States Code; ‘‘(I) Any property, real or personal, that is (3) PENALTIES.—The penalties provided for (C) may prohibit any transactions in for- involved in a violation or attempted viola- in section 206 of the International Emer- eign exchange that are subject to the juris- gency Economic Powers Act (50 U.S.C. 1705) tion, or which constitutes or is derived from diction of the United States and in which shall apply to a person who violates, at- proceeds traceable to a violation, of section such person has any interest; tempts to violate, conspires to violate, or 104(a) of the North Korea Sanctions Enforce- (D) may prohibit any transfers of credit or causes a violation of any prohibition pro- ment Act of 2016.’’. payments between financial institutions or vided for in this subsection, or of an order or (b) AMENDMENT TO DEFINITION OF CIVIL by, through, or to any financial institution, regulation prescribed under this Act, to the FORFEITURE STATUTE.—Section 983(i)(2)(D) of to the extent that such transfers or pay- same extent that such penalties apply to a title 18, United States Code, is amended— ments are subject to the jurisdiction of the person that commits an unlawful act de- (1) by striking ‘‘or the International Emer- United States and involve any interest of the scribed in section 206(a) of that Act (50 gency Economic Powers Act’’ and inserting person; and U.S.C. 1705(a)). ‘‘, the International Emergency Economic (E) may exercise the authorities of the (4) DEFINITION.—In paragraph (1)(F), the Powers Act’’; and term ‘‘trafficking in persons’’ has the mean- International Emergency Economic Powers (2) by adding at the end before the semi- ing given the term in section 103(9) of the Act (50 U.S.C. 1705 et seq.) without regard to colon the following: ‘‘, or the North Korea Trafficking Victims Protection Act of 2000 section 202 of such Act to block any property Sanctions Enforcement Act of 2016’’. (22 U.S.C. 7102(9)). and interests in property of any person des- (c) AMENDMENT TO DEFINITION OF SPECIFIED (b) DISCRETIONARY DESIGNATION AND SANC- ignated under this subsection that are in the UNLAWFUL ACTIVITY.—Section 1956(c)(7)(D) of TIONS AUTHORITY.— United States, that hereafter come within title 18, United States Code, is amended— (1) CONDUCT DESCRIBED.—Except as pro- the United States, or that are or hereafter (1) by striking ‘‘or section 92 of the Atomic vided in section 207 and paragraph (3) of this come within the possession or control of any Energy Act of 1954’’ and inserting ‘‘section 92 subsection, the President may designate United States person, including any foreign of the Atomic Energy Act of 1954’’; and under this subsection any person that the branch. (2) by adding at the end the following: ‘‘, or President determines to— (3) LIMITATION.—If the President deter- section 104(a) of the North Korea Sanctions (A) have knowingly engaged in, contrib- mines that a person has engaged in any con- Enforcement Act of 2016;’’. uted to, assisted, sponsored, or provided fi- duct described in subparagraphs (A) through TITLE II—SANCTIONS AGAINST NORTH nancial, material or technological support (F) of paragraph (1) that may also be con- KOREAN PROLIFERATION, HUMAN for, or goods and services in support of, any strued to constitute conduct described in RIGHTS ABUSES, ILLICIT ACTIVITIES, violation of, or evasion of, an applicable subparagraphs (A) through (H) of subsection AND SIGNIFICANT ACTIVITIES UNDER- United Nations Security Council resolution; (a)(1), the President may not designate the MINING CYBER SECURITY (B) have knowingly facilitated the transfer person under this subsection but rather shall designate the person under subsection (a). SEC. 201. DETERMINATIONS WITH RESPECT TO of any funds, financial assets, or economic NORTH KOREA AS A JURISDICTION (c) BLOCKING OF ALL PROPERTY AND INTER- resources of, or property or interests in prop- OF PRIMARY MONEY LAUNDERING erty of a person designated under an applica- ESTS IN PROPERTY OF THE GOVERNMENT OF CONCERN. NORTH KOREA AND THE WORKER’S PARTY OF ble Executive order, or by the United Na- (a) FINDINGS.—Congress makes the fol- tions Security Council pursuant to an appli- KOREA.—Except as provided in section 207, lowing findings: the President shall exercise the authorities cable United Nations Security Council reso- (1) The Undersecretary of the Treasury for of the International Emergency Economic lution; Terrorism and Financial Intelligence, who is Powers Act (50 U.S.C. 1705 et seq.) to block (C) have knowingly facilitated the transfer responsible for safeguarding the financial all property and interests in property of the of any funds, financial assets, or economic system against illicit use, money laundering, Government of North Korea or the Worker’s resources, or any property or interests in Party of Korea that on or after the date of terrorist financing, and the proliferation of property derived from, involved in, or that the enactment of this Act come within the weapons of mass destruction, has repeatedly has materially contributed to conduct pro- United States, or that come within the pos- expressed concern about North Korea’s mis- hibited by subsection (a) or an applicable session or control of any United States per- use of the international financial system as United Nations Security Council resolution; son, including any foreign branch. follows: (D) have knowingly facilitated any trans- (d) APPLICATION.—The designation of a per- (A) In 2006, the Undersecretary stated that, action, including any transaction in bulk son under subsection (a) or (b) and the block- given North Korea’s ‘‘counterfeiting of U.S. cash or other stores of value, without applying of property and interests in property currency, narcotics trafficking and use of ac- ing enhanced monitoring to ensure that such under subsection (c) shall also apply with re- counts worldwide to conduct proliferation- transaction does not contribute materially spect to a person who is determined to be related transactions, the line between illicit to conduct described in subsection (a) an ap- owned or controlled by, or to have acted or and licit North Korean money is nearly in- plicable Executive order, or an applicable purported to act for or on behalf of, directly visible’’ and urged financial institutions United Nations Security Council resolution; or indirectly, any person whose property and worldwide to ‘‘think carefully about the (E) have knowingly facilitated any trans- interests in property are blocked pursuant to risks of doing any North Korea-related busi- actions in cash or monetary instruments or this section. ness.’’.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.005 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H232 CONGRESSIONAL RECORD — HOUSE January 11, 2016 (B) In 2011, the Undersecretary stated that laundering concern, and to adopt stringent tection of the international financial system ‘‘North Korea remains intent on engaging in special measures to safeguard the financial from these risks; proliferation, selling arms as well as bring- system against the risks posed by North Ko- (4) the cooperation of the People’s Repub- ing in material,’’ and was ‘‘aggressively pur- rea’s willful evasion of sanctions and its il- lic of China, as North Korea’s principal trad- suing the effort to establish front compa- licit activities; and ing partner, is essential to the enforcement nies.’’. (3) urges the President to seek the prompt of applicable United Nations Security Coun- (C) In 2013, the Undersecretary stated, in implementation by other states of enhanced cil resolutions and to the protection of the reference to North Korea’s distribution of monitoring and due diligence to prevent international financial system; high-quality counterfeit United States cur- North Korea’s misuse of the international fi- (5) the report of the Panel of Experts estab- rency, that ‘‘North Korea is continuing to nancial system, including by sharing infor- lished pursuant to United Nations Security try to pass a supernote into the inter- mation about activities, transactions, and Council Resolution 1874, dated June 11, 2013, national financial system,’’ and that the De- property that could contribute to activities expressed concern about the ability of banks partment of the Treasury would soon intro- sanctioned by applicable United Nations Se- in states with less effective regulators and duce new currency with improved security curity Council resolutions, or to the evasion those unable to afford effective compliance features to protect against counterfeiting by of sanctions. to detect and prevent illicit transfers involv- the Government of North Korea. (c) DETERMINATIONS REGARDING NORTH ing North Korea; (2) The Financial Action Task Force, an (6) North Korea has historically exploited KOREA.— intergovernmental body whose purpose is to inconsistencies between jurisdictions in the (1) IN GENERAL.—The Secretary of the develop and promote national and inter- Treasury shall, not later than 180 days after interpretation and enforcement of financial national policies to combat money laun- the date of the enactment of this Act, deter- regulations and applicable United Nations dering and terrorist financing, has repeat- mine, in consultation with the Secretary of Security Council resolutions to circumvent edly— State and Attorney General, and in accord- sanctions and launder the proceeds of illicit (A) expressed concern at deficiencies in activities; ance with section 5318A of title 31, United North Korea’s regimes to combat money (7) Amroggang Development Bank, Bank of States Code, whether reasonable grounds laundering and terrorist financing; East Land, and Tanchon Commercial Bank exist for concluding that North Korea is a ju- (B) urged North Korea to adopt a plan of have been designated by the Secretary of the risdiction of primary money laundering con- action to address significant deficiencies in Treasury, the United Nations Security Coun- cern. these regimes and the serious threat they cil, and the European Union; (2) SPECIAL MEASURES.—If the Secretary of pose to the integrity of the international fi- (8) Korea Daesong Bank and Korea the Treasury determines under this sub- nancial system; Kwangson Banking Corporation have been section that reasonable grounds exist for (C) urged all jurisdictions to apply coun- designated by the Secretary of the Treasury finding that North Korea is a jurisdiction of termeasures to protect the international fi- and the European Union; nancial system from ongoing and substantial primary money laundering concern, the Sec- (9) the Foreign Trade Bank of North Korea money laundering and terrorist financing retary of the Treasury, in consultation with has been designated by the Secretary of the risks emanating from North Korea; the Federal functional regulators, shall im- Treasury for facilitating transactions on be- (D) urged all jurisdictions to advise their pose one or more of the special measures de- half of persons linked to its proliferation financial institutions to give special atten- scribed in paragraphs (1) through (5) of sec- network, and for serving as ‘‘a key financial tion to business relationships and trans- tion 5318A(b) of title 31, United States Code, node’’; and actions with North Korea, including North with respect to the jurisdiction of North (10) Daedong Credit Bank has been des- Korean companies and financial institutions; Korea. ignated by the Secretary of the Treasury for and (3) REPORT REQUIRED.— activities prohibited by applicable United (E) called on all jurisdictions to protect (A) IN GENERAL.—If the Secretary of the Nations Security Council resolutions, in- against correspondent relationships being Treasury determines that North Korea is a cluding the use of deceptive financial prac- used to bypass or evade countermeasures and jurisdiction of primary money laundering tices to facilitate transactions on behalf of risk mitigation practices, and take into ac- concern, the Secretary of the Treasury shall, persons linked to North Korea’s proliferation count money laundering and terrorist fi- not later than 90 days after the date on network. nancing risks when considering requests by which the Secretary makes such determina- (b) SENSE OF CONGRESS.—It is the sense of North Korean financial institutions to open tion, submit to the appropriate congres- Congress that the President should intensify branches and subsidiaries in their jurisdic- sional committees a report on the deter- diplomatic efforts, both in appropriate inter- tion. mination made under paragraph (1) together national fora such as the United Nations and (3) On March 7, 2013, the United Nations Se- with the reasons for that determination. bilaterally, to develop and implement a co- curity Council unanimously adopted Resolu- (B) FORM.—A report or copy of any report ordinated, consistent, multilateral strategy tion 2094, which— submitted under this paragraph shall be sub- for protecting the global financial system (A) welcomed the Financial Action Task mitted in unclassified form but may contain against risks emanating from North Korea, Force’s recommendation on financial sanc- a classified annex. including— tions related to proliferation, and its guid- SEC. 202. ENSURING THE CONSISTENT ENFORCE- (1) the cessation of any financial services ance on the implementation of sanctions; MENT OF UNITED NATIONS SECU- whose continuation is inconsistent with ap- (B) decided that Member States should RITY COUNCIL RESOLUTIONS AND plicable United Nations Security Council apply enhanced monitoring and other legal FINANCIAL RESTRICTIONS ON resolutions; measures to prevent the provision of finan- NORTH KOREA. (2) the cessation of any financial services cial services or the transfer of property that (a) FINDINGS.—Congress finds that— to persons, including financial institutions, could contribute to activities prohibited by (1) all states and jurisdictions are obli- that present unacceptable risks of facili- applicable United Nations Security Council gated to implement and enforce applicable tating money laundering and illicit activity resolutions; and United Nations Security Council resolutions by the Government of North Korea; (C) called on Member States to prohibit fully and promptly, including by— (3) the blocking by all states and jurisdic- North Korean banks from establishing or (A) blocking the property of, and ensuring tions, in accordance with the legal process of maintaining correspondent relationships that any property is prevented from being the state or jurisdiction in which the prop- with banks in their jurisdictions, to prevent made available to, persons designated by the erty is held, of any property required to be the provision of financial services, if they Security Council under applicable United blocked under applicable United Nations Se- have information that provides reasonable Nations Security Council resolutions; curity Council resolutions; grounds to believe that these activities could (B) blocking any property associated with (4) the blocking of any property derived contribute to activities prohibited by an ap- an activity prohibited by applicable United from illicit activity, from significant activi- plicable United Nations Security Council Nations Security Council resolutions; and ties undermining cyber security, from the resolution, or to the evasion of such prohibi- (C) preventing any transfer of property and misappropriation, theft, or embezzlement of tions. any provision of financial services that could public funds by, or for the benefit of, offi- (b) SENSE OF CONGRESS REGARDING THE contribute to an activity prohibited by appli- cials of the Government of North Korea; DESIGNATION OF NORTH KOREA AS A JURISDIC- cable United Nations Security Council reso- (5) the blocking of any property involved in TION OF PRIMARY MONEY LAUNDERING CON- lutions, or to the evasion of sanctions under significant activities undermining cyber se- CERN.—Congress— such resolutions; curity by the Government of North Korea, (1) acknowledges the efforts of the United (2) all states and jurisdictions share a com- directly or indirectly, against United States Nations Security Council to impose limita- mon interest in protecting the international persons, or the theft of intellectual property tions on, and require enhanced monitoring financial system from the risks of money by the Government of North Korea, directly of, transactions involving North Korean fi- laundering and illicit transactions ema- or indirectly from United States persons; nancial institutions that could contribute to nating from North Korea; and sanctioned activities; (3) the United States Dollar and the Euro (6) the blocking of any property of persons (2) urges the President, in the strongest are the world’s principal reserve currencies, directly or indirectly involved in censorship terms, to immediately designate North and the United States and the European or human rights abuses by the Government Korea as a jurisdiction of primary money Union are primarily responsible for the proof North Korea.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.005 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H233 SEC. 203. PROLIFERATION PREVENTION SANC- scribed in subsection (a) or (b) of section 104. Homeland Security shall, utilizing the Auto- TIONS. Such revision shall apply with respect to mated Targeting System operated by the Na- (a) EXPORT OF CERTAIN GOODS OR TECH- contracts in an amount greater than the tional Targeting Center in U.S. Customs and NOLOGY.— simplified acquisition threshold (as defined Border Protection, require enhanced screen- (1) IN GENERAL.—Subject to section in section 134 of title 41, United States Code) ing procedures to determine if physical in- 207(a)(2)(C) of this Act, a license shall be re- for which solicitations are issued on or after spections are warranted of any cargo bound quired for the export to North Korea of any the date that is 90 days after the date of the for or landed in the United States that has goods or technology subject to the Export enactment of this Act. been transported through such sea port or Administration Regulations (part 730 of title (c) TERMINATION OF CONTRACTS AND INITI- airport if there are reasonable grounds to be- 15, Code of Federal Regulations) without re- ATION OF SUSPENSION AND DEBARMENT PRO- lieve that such cargo contains goods prohib- gard to whether the Secretary of State has CEEDING.— ited under this Act. designated North Korea as a country the (1) TERMINATION OF CONTRACTS.—Except as (c) SEIZURE AND FORFEITURE.—A vessel, government of which has provided support provided in paragraph (2), the head of an ex- aircraft, or conveyance used to facilitate any for acts of international terrorism, as deter- ecutive agency shall terminate a contract of the activities described in section 104(a) mined by the Secretary of State under sec- with a person who has provided a false cer- that comes within the jurisdiction of the tion 6(j) of the Export Administration Act of tification under subsection (b). United States may be seized and forfeited 1979 (50 U.S.C. App. 2045), as continued in ef- (2) WAIVER.—The head of an executive under chapter 46 of title 18, United States fect under the International Emergency Eco- agency may waive the requirement under Code, or under the Tariff Act of 1930. nomic Powers Act. paragraph (1) with respect to a person based SEC. 206. TRAVEL SANCTIONS. (2) PRESUMPTION OF DENIAL.—A license for upon a written finding of urgent and compel- (a) ALIENS INELIGIBLE FOR VISAS, ADMIS- the export to North Korea of any goods or ling circumstances significantly affecting SION, OR PAROLE.— technology as described in paragraph (1) the interests of the United States. If the (1) VISAS, ADMISSION, OR PAROLE.—An alien shall be subject to a presumption of denial. head of an executive agency waives the re- (or an alien who is a corporate officer of a (b) TRANSACTIONS WITH COUNTRIES SUP- quirement under paragraph (1) for a person, person) who the Secretary of State or the PORTING ACTS OF INTERNATIONAL TER- the head of the agency shall submit to the Secretary of Homeland Security (or a des- RORISM.— appropriate congressional committees, with- ignee of one of such Secretaries) knows, or (1) ARMS EXPORT CONTROL ACT PROHIBI- in 30 days after the waiver is made, a report has reasonable grounds to believe, is de- TIONS.—The prohibitions and restrictions de- containing the rationale for the waiver and scribed in subsection (a)(1) or (b)(1) of sec- scribed in section 40 of the Arms Export Con- relevant information supporting the waiver trol Act (22 U.S.C. 2780), and other provisions tion 104 is— decision. (A) inadmissible to the United States; provided for in that Act, shall also apply to (3) INITIATION OF SUSPENSION AND DEBAR- exporting or otherwise providing (by sale, (B) ineligible to receive a visa or other doc- MENT PROCEEDING.—The head of an executive umentation to enter the United States; and lease or loan, grant, or other means), di- agency shall initiate a suspension and debar- rectly or indirectly, any munitions item to (C) otherwise ineligible to be admitted or ment proceeding against a person who has paroled into the United States or to receive the Government of North Korea without re- provided a false certification under sub- gard to whether or not North Korea is a any other benefit under the Immigration and section (b). Upon determination of suspen- Nationality Act (8 U.S.C. 1101 et seq.). country with respect to which subsection (d) sion, debarment, or proposed debarment, the (2) CURRENT VISAS REVOKED.— of such section (relating to designation of agency shall ensure that such person is en- state sponsors of terrorism) applies. (A) IN GENERAL.—The issuing consular offi- tered into the Governmentwide database cer, the Secretary of State, or the Secretary (2) FINANCIAL TRANSACTIONS.—Except as containing the list of all excluded parties in- of Homeland Security (or a designee of one of provided in section 207 of this Act and the eligible for Federal programs pursuant to North Korean Human Rights Act of 2004 (22 such Secretaries) shall revoke any visa or Executive Order No. 12549 (31 U.S.C. 6101 other entry documentation issued to an alien U.S.C. 7801 et seq.), the penalties provided for note; relating to debarment and suspension) in section 2332d of title 18, United States who is described in subsection (a)(1) or (b)(1) and Executive Order No. 12689 (31 U.S.C. 6101 of section 104 regardless of when issued. Code, shall apply to a United States person note; relating to debarment and suspension). (B) EFFECT OF REVOCATION.—A revocation that engages in a financial transaction with (d) CLARIFICATION REGARDING CERTAIN under subparagraph (A)— the Government of North Korea on or after PRODUCTS.—The remedies specified in sub- (i) shall take effect immediately; and the date of the enactment of this Act to the sections (a) through (c) shall not apply with (ii) shall automatically cancel any other same extent that such penalties apply to a respect to the procurement of eligible prod- valid visa or entry documentation that is in United States citizen that commits an un- ucts, as defined in section 308(4) of the Trade the alien’s possession. lawful act described in section 2332d of title Agreements Act of 1979 (19 U.S.C. 2518(4)), of (b) EXCEPTION TO COMPLY WITH UNITED NA- 18, United States Code. any foreign country or instrumentality des- TIONS HEADQUARTERS AGREEMENT.—Sanc- (c) TRANSACTIONS IN LETHAL MILITARY ignated under section 301(b) of such Act (19 tions under subsection (a)(1)(B) shall not EQUIPMENT.— U.S.C. 2511(b)). apply to an alien if admitting the alien into (1) IN GENERAL.—The President shall with- (e) RULE OF CONSTRUCTION.—Nothing in hold assistance under the Foreign Assistance this subsection may be construed to limit the United States is necessary to permit the Act of 1961 (22 U.S.C. 2151 et seq.) to any the use of other remedies available to the United States to comply with the Agreement country that provides lethal military equip- head of an executive agency or any other of- regarding the Headquarters of the United ment to, or receives lethal military equip- ficial of the Federal Government on the basis Nations, signed at Lake Success June 26, ment from, the Government of North Korea. of a determination of a false certification 1947, and entered into force November 21, (2) APPLICABILITY.—The prohibition under under subsection (b). 1947, between the United Nations and the this subsection with respect to a country (f) EXECUTIVE AGENCY DEFINED.—In this United States, or other applicable inter- shall terminate on the date that is 1 year section, the term ‘‘executive agency’’ has the national obligations. after the date on which such country ceases meaning given such term in section 133 of SEC. 207. EXEMPTIONS, WAIVERS, AND REMOV- to provide lethal military equipment to the title 41, United States Code. ALS OF DESIGNATION. Government of North Korea. SEC. 205. ENHANCED INSPECTIONS AUTHORI- (a) EXEMPTIONS.— (3) WAIVER.—The President may, on a case- TIES. (1) MANDATORY EXEMPTIONS.—The fol- by-case basis, waive the prohibition under (a) REPORT REQUIRED.—Not later than 180 lowing activities shall be exempt from sanc- this subsection with respect to a country for days after the date of the enactment of this tions under section 104: a period of not more than 180 days, and may Act, and every 180 days thereafter, the Presi- (A) Activities subject to the reporting re- renew the waiver for additional periods of dent, acting through the Secretary of Home- quirements of title V of the National Secu- not more than 180 days, if the President de- land Security, shall submit to the appro- rity Act of 1947 (50 U.S.C. 413 et seq.), or to termines and so reports to the appropriate priate congressional committees, the Com- any authorized intelligence activities of the congressional committees that it is vital to mittee on Homeland Security of the House of United States. the national security interests of the United Representatives, and the Committee on (B) Any transaction necessary to comply States to exercise such waiver authority. Homeland Security and Governmental Af- with United States obligations under the SEC. 204. PROCUREMENT SANCTIONS. fairs of the Senate, a report identifying for- Agreement between the United Nations and (a) IN GENERAL.—Except as provided in this eign sea ports and airports whose inspections the United States of America regarding the section, the United States Government may of ships, aircraft, and conveyances origi- Headquarters of the United Nations, signed not procure, or enter into any contract for nating in North Korea, carrying North Ko- June 26, 1947, and entered into force on No- the procurement of, any goods or services rean property, or operated by the Govern- vember 21, 1947, or under the Vienna Conven- from any designated person. ment of North Korea are deficient to effec- tion on Consular Relations, signed April 24, (b) FAR.—The Federal Acquisition Regula- tively prevent the facilitation of any of the 1963, and entered into force on March 19, 1967, tion issued pursuant to section 1303 of title activities described in section 104(a). or under other international agreements. 41, United States Code, shall be revised to re- (b) ENHANCED SECURITY TARGETING RE- (2) DISCRETIONARY EXEMPTIONS.—The fol- quire a certification from each person that is QUIREMENTS.—Not later than 180 days after lowing activities may be exempt from sanc- a prospective contractor that such person the identification of any sea port or airport tions under section 104 as determined by the does not engage in any of the conduct de- pursuant to subsection (a), the Secretary of President:

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.005 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H234 CONGRESSIONAL RECORD — HOUSE January 11, 2016 (A) Any financial transaction the exclusive rity conducted, or otherwise ordered or con- serting ‘‘radio, Internet, and electronic mass purpose for which is to provide humanitarian trolled by, the Government of North Korea; communications capable of receiving con- assistance to the people of North Korea. and tent’’; and (B) Any financial transaction the exclusive (4) the efforts made by the United States (2) by adding after subsection (c) the fol- purpose for which is to import food products to engage foreign governments to halt the lowing new subsection: into North Korea, if such food items are not capability of North Korea to conduct signifi- ‘‘(d) INFORMATION TECHNOLOGY STUDY.— defined as luxury goods. cant activities undermining cyber security. ‘‘(1) IN GENERAL.—Not later than 180 days (C) Any transaction the exclusive purpose (b) SUBMISSION AND FORM.— after the date of the enactment of this sub- for which is to import agricultural products, (1) SUBMISSION.—The report required under section, the President shall submit to the ap- medicine, or medical devices into North subsection (a) shall be submitted not later propriate congressional committees a report Korea, provided that such supplies or equip- than 90 days after the date of enactment of setting forth a detailed plan for making un- ment are classified as designated ‘‘EAR 99’’ this Act, and every 180 days thereafter for a restricted, unmonitored, and inexpensive, under the Export Administration Regula- period not to exceed 3 years. radio, Internet, and electronic mass commu- tions (part 730 of title 15, Code of Federal (2) FORM.—The report required under sub- nications available to the people of North Regulations) and not controlled under— section (a) shall be submitted in an unclassi- Korea. (i) the Export Administration Act of 1979 fied form, but may contain a classified ‘‘(2) FORM.—The report required by para- (50 U.S.C. App. 2401 et seq.), as continued in annex. graph (1) shall be submitted in unclassified effect under the International Emergency SEC. 209. SENSE OF CONGRESS THAT TRI- form, but may contain a classified annex.’’. Economic Powers Act (50 U.S.C. 1701 et seq.); LATERAL COOPERATION AMONG SEC. 302. REPORT ON NORTH KOREAN PRISON (ii) the Arms Export Control Act (22 U.S.C. THE UNITED STATES, JAPAN, AND CAMPS. 2751 et seq.); THE REPUBLIC OF KOREA IS CRU- (a) IN GENERAL.—The Secretary of State CIAL TO THE STABILITY OF THE (iii) part B of title VIII of the Nuclear Pro- shall submit to the appropriate congres- ASIA-PACIFIC REGION. sional committees a report describing, with liferation Prevention Act of 1994 (22 U.S.C. (a) FINDINGS.—Congress finds the fol- respect to each political prison camp in 6301 et seq.); or lowing: North Korea to the extent information is (iv) the Chemical and Biological Weapons (1) The United States, Japan, and the Re- available— Control and Warfare Elimination Act of 1991 public of Korea (South Korea) share the val- (1) the camp’s estimated prisoner popu- (22 U.S.C. 5601 et seq.). ues of democracy, free and open markets, the lation; (b) WAIVER.—The President may waive, on rule of law, and respect for human rights. a case-by-case basis, the imposition of sanc- (2) the camp’s geographical coordinates; (2) The alliance relationship between the tions for a period of not more than one year, (3) the reasons for confinement of the pris- United States, Japan, and South Korea are and may renew that waiver for additional pe- oners; critical to peace and security in the Asia-Pa- riods of not more than one year, any sanc- (4) the camp’s primary industries and prod- cific region. tion or other measure under section 104, 204, ucts, and the end users of any goods pro- (3) The United States, Japan, and South 205, 206, or 303 if the President submits to the duced in such camp; Korea are committed to continuing diplo- appropriate congressional committees a (5) the natural persons and agencies re- matic efforts to ensure continued peace and written determination that the waiver meets sponsible for conditions in the camp; stability in the Asia-Pacific region. one or more of the following requirements: (6) the conditions under which prisoners (4) On December 28, 2014, the United States, (1) The waiver is important to the eco- are confined, with respect to the adequacy of Japan, and South Korea finalized a trilateral nomic or national security interests of the food, shelter, medical care, working condi- military intelligence-sharing arrangement United States. tions, and reports of ill-treatment of pris- concerning the nuclear and missile threats (2) The waiver will further the enforcement oners; and posed by North Korea. of this Act or is for an important law en- (7) imagery, to include satellite imagery of (5) The trilateral military intelligence- forcement purpose. each such camp, in a format that, if pub- sharing arrangement reinforces and (3) The waiver is for an important humani- lished, would not compromise the sources strengthens the commitment between the tarian purpose, including any of the purposes and methods used by the intelligence agen- United States, Japan, and South Korea to- described in section 4 of the North Korean cies of the United States to capture ward a Korean Peninsula free of nuclear Human Rights Act of 2004 (22 U.S.C. 7802). geospatial imagery. (c) REMOVALS OF SANCTIONS.—The Presi- weapons. (b) FORM.—The report required under sub- (b) SENSE OF CONGRESS.—It is the sense of dent may prescribe rules and regulations for section (a) may be included in the first re- Congress that North Korea’s nuclear and bal- the removal of sanctions on a person that is port required to be submitted to Congress listic missile programs are of mutual con- designated under subsection (a) or (b) of sec- after the date of the enactment of this Act cern to the United States, Japan, and South tion 104 and the removal of designations of a under sections 116(d) and 502B(b) of the For- Korea and a trilateral military intelligence- person with respect to such sanctions if the eign Assistance Act of 1961 (22 U.S.C. 2151n(d) sharing arrangement is essential to the secu- President determines that the designated and 2304(b)) (relating to the annual human rity of each nation and the Asia-Pacific re- person has verifiably ceased its participation rights report). gion. in any of the conduct described in subsection SEC. 303. REPORT ON PERSONS WHO ARE RE- (a) or (b) of section 104, as the case may be, SEC. 210. REPORT ON NUCLEAR PROGRAM CO- SPONSIBLE FOR SERIOUS HUMAN OPERATION BETWEEN NORTH and has given assurances that it will abide RIGHTS ABUSES OR CENSORSHIP IN KOREA AND IRAN. NORTH KOREA. by the requirements of this Act. (a) IN GENERAL.—The President shall sub- (d) FINANCIAL SERVICES FOR CERTAIN AC- (a) IN GENERAL.—The Secretary of State mit to the Committee on Foreign Affairs of TIVITIES.—The President may promulgate shall submit to the appropriate congres- the House of Representatives and the Com- regulations, rules, and policies as may be sional committees a report that contains an mittee on Foreign Relations of the Senate a necessary to facilitate the provision of finan- identification of each person the Secretary report on cooperation between North Korea cial services by a foreign financial institu- determines to be responsible for serious and Iran on their nuclear programs, includ- tion that is not controlled by the Govern- human rights abuses or censorship in North ing the identity of Iranian and North Korean ment of North Korea in support of the activi- Korea and a description of such abuses or persons that have knowingly engaged in or ties subject to exemption under this section. censorship engaged in by such person. The directed the provision of material support or report shall include a description of actions SEC. 208. REPORT ON THOSE RESPONSIBLE FOR the exchange of information between North KNOWINGLY ENGAGING IN SIGNIFI- taken by the Department of State to imple- CANT ACTIVITIES UNDERMINING Korea and Iran on their respective nuclear ment or support the recommendations of the CYBER SECURITY. programs. Commission of Inquiry’s Report on Human (b) SUBMISSION AND FORM.— (a) IN GENERAL.—The President shall sub- Rights in the Democratic People’s Republic mit to the appropriate congressional com- (1) SUBMISSION.—The report required under of North Korea, including efforts to press mittees a report on significant activities un- subsection (a) shall be submitted not later China and other countries to implement dermining cyber security conducted, or oth- than 90 days after the date of enactment of Commission recommendations. erwise ordered or controlled, directly or indi- this Act. (b) CONSIDERATION.—In preparing the re- rectly, by the Government of North Korea, (2) FORM.—The report required under sub- port required under subsection (a), the Sec- including— section (a) shall be submitted in an unclassi- retary of State shall give due consideration (1) the identity and nationality of persons fied form, but may contain a classified to the findings of the United Nations Com- that have knowingly engaged in, directed, or annex. mission of Inquiry on Human Rights in provided material support to significant ac- TITLE III—PROMOTION OF HUMAN North Korea, and shall make specific find- tivities undermining cyber security by the RIGHTS ings with respect to the responsibility of Government of North Korea; SEC. 301. INFORMATION TECHNOLOGY. Kim Jong Un, and of each natural person (2) the conduct engaged in by each person Section 104 of the North Korean Human who is a member of the National Defense identified; Rights Act of 2004 (22 U.S.C. 7814) is amend- Commission of North Korea, or the Organiza- (3) the extent to which a foreign govern- ed— tion and Guidance Department of the Work- ment has provided material support to sig- (1) in subsection (a), by striking ‘‘radios ers’ Party of Korea, for serious human rights nificant activities undermining cyber secu- capable of receiving broadcasting’’ and in- abuses and censorship.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.005 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H235 (c) DESIGNATION OF PERSONS.—The Presi- logical, and radiological weapons programs, regime has developed increasingly de- dent shall designate under section 104(a) any including all programs for the development structive weapons. person listed in the report required under of systems designed in whole or in part for What we are concerned about here is subsection (a) as responsible for serious the delivery of such weapons; the miniaturization of nuclear war- human rights abuses or censorship in North (2) released all political prisoners, includ- Korea. ing the citizens of North Korea detained in heads that fit onto its most reliable (d) SUBMISSION AND FORM.— North Korea’s political prison camps; missiles. We are also concerned about (1) SUBMISSION.—The report required under (3) ceased its censorship of peaceful polit- the submarine tests for firing from a subsection (a) shall be submitted not later ical activity; sub these missiles that would be capa- than 90 days after the date of the enactment (4) taken significant steps toward the es- ble of launching those devices. We are of this Act, and every 180 days thereafter for tablishment of an open, transparent, and concerned about the ongoing efforts to a period not to exceed 3 years, shall be in- representative society; cluded in each report required under sections make certain that they have got the (5) fully accounted for and repatriated all range now on a three-stage rocket, 116(d) and 502B(b) of the Foreign Assistance citizens of all nations abducted or unlawfully Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) (re- held captive by the Government of North ICBM, to hit the United States. This lating to the annual human rights report). Korea or detained in violation of the 1953 Ar- threat is unacceptable, and it has to be (2) FORM.—The report required under sub- mistice Agreement; and aggressively challenged. section (a) shall be submitted in unclassified (6) agreed with the Financial Action Task The legislation that we are consid- form, but may include a classified annex. Force on a plan of action to address defi- ering here is the most comprehensive The Secretary of State shall also publish the ciencies in its anti-money laundering regime North Korea sanctions legislation to unclassified part of the report on the Depart- and begun to implement this plan of action. come before this body. Importantly, ment of State’s Web site. SEC. 403. AUTHORITY TO CONSOLIDATE RE- what this bill does is use targeted fi- TITLE IV—GENERAL AUTHORITIES PORTS. nancial and economic pressure to iso- SEC. 401. SUSPENSION OF SANCTIONS AND Any or all reports required to be submitted late Kim Jong-un and his top officials OTHER MEASURES. to appropriate congressional committees (a) IN GENERAL.—Any sanction or other under this Act or any amendment made by from the assets that they maintain in measure provided for in title I (or any this Act that are subject to a deadline for foreign banks and from the hard cur- amendment made by title I) or title II may submission consisting of the same unit of rency that sustains their rule. be suspended for up to 365 days upon certifi- time may be consolidated into a single re- These assets are derived primarily cation by the President to the appropriate port that is submitted to appropriate con- from illicit activities, such as counter- congressional committees that the Govern- gressional committees pursuant to such feiting U.S. currency, something that ment of North Korea has— deadline. (1) verifiably ceased its counterfeiting of North Korea has been caught doing SEC. 404. REGULATIONS. United States currency, including the sur- with hundred-dollar bank notes, such (a) IN GENERAL.—The President is author- render or destruction of specialized mate- as selling their missile systems around ized to promulgate such rules and regula- rials and equipment used for or particularly the world, contraband in cigarettes, tions as may be necessary to carry out the suitable for counterfeiting; provisions of this Act (which may include drugs, and other illicit activities. And (2) taken significant steps toward financial regulatory exceptions), including under sec- all of that is used to advance North Ko- transparency to comply with generally actions 203 and 205 of the International Emer- rea’s nuclear program. cepted protocols to cease and prevent the gency Economic Powers Act (50 U.S.C. 1702 They also pay for the luxurious life- laundering of monetary instruments; and 1704). style of the ruling elites, as we have (3) taken significant steps toward (b) RULE OF CONSTRUCTION.—Nothing in verification of its compliance with United seen in some of the expose´s that come this Act or any amendment made by this Act Nations Security Council Resolutions 1695, out of North Korea, and it is used to re- shall be construed to limit the authority of 1718, 1874, 2087, and 2094; press the people. In other words, the the President pursuant to an applicable Ex- (4) taken significant steps toward account- ecutive order or otherwise pursuant to the money from that hard currency pays ing for and repatriating the citizens of other International Emergency Economic Powers for the generals, pays for the secret po- countries abducted or unlawfully held cap- Act (50 U.S.C. 1701 et seq.). lice, pays for the missile program and tive by the Government of North Korea or SEC. 405. NO ADDITIONAL FUNDS AUTHORIZED. the nuclear weapons program. detained in violation of the 1953 Armistice A strategy of financial pressure is Agreement; No additional funds are authorized to carry (5) accepted and begun to abide by inter- out the requirements of this Act and the the approach we took a decade ago nationally recognized standards for the dis- amendments made by this Act. when the previous administration tar- tribution and monitoring of humanitarian SEC. 406. EFFECTIVE DATE. geted Banco Delta Asia. That was a aid; Except as otherwise provided in this Act, Macao-based bank. This was in 2005. (6) provided credible assurances that it will this Act and the amendments made by this They were targeted for their role in not support further acts of international ter- Act shall take effect on the date of the en- laundering money for North Korea, and rorism; actment of this Act. this cut it off from the financial sys- (7) taken significant and verified steps to The SPEAKER pro tempore. Pursu- tem, really. This led other banks in the improve living conditions in its political ant to the rule, the gentleman from prison camps; and region to shun North Korean business, California (Mr. ROYCE) and the gen- (8) made significant progress in planning because when the option is out there for unrestricted family reunification meet- tleman from New York (Mr. ENGEL) between whether or not you are going ings, including for those individuals among each will control 20 minutes. to bank with North Korea or bank with the two million strong Korean-American The Chair recognizes the gentleman the U.S. and the rest of the world, it is community who maintain family ties with from California. a fairly easy choice for these banks to relatives in North Korea. GENERAL LEAVE make. At that point, they freeze the (b) RENEWAL OF SUSPENSION.—The suspen- Mr. ROYCE. Mr. Speaker, I ask unan- sion described in subsection (a) may be re- accounts, and that, obviously, isolates newed for additional consecutive periods of imous consent that all Members may the regime. 180 days upon certification by the President have 5 legislative days to revise and ex- At that time, according to one to the appropriate congressional committees tend their remarks and to include ex- former top U.S. official who was speak- that the Government of North Korea has traneous materials on this resolution. ing to the issue of what the North Ko- continued to comply with the conditions de- The SPEAKER pro tempore. Is there reans would say when they would come scribed in subsection (a) during the previous objection to the request of the gen- into the meetings with the State De- year. tleman from California? partment, at every conversation we SEC. 402. TERMINATION OF SANCTIONS AND OTHER MEASURES. There was no objection. had with the North Koreans, he said, Any sanction or other measure provided Mr. ROYCE. I yield myself such time every one of them began and ended for in title I (or any amendment made by as I may consume. with the same question: ‘‘When do we title I) or title II shall terminate on the date Mr. Speaker, I appreciate Leader get our money back?’’ on which the President determines and cer- MCCARTHY working with myself, work- Now, the part that got my interest at tifies to the appropriate congressional coming with Ranking Member ELIOT ENGEL the time was not only the report that, mittees that the Government of North Korea has met the requirements of section 401, and of New York to schedule this legisla- because he couldn’t pay his generals, has also— tion for floor consideration. there were problems for the regime—it (1) completely, verifiably, and irreversibly Last week, North Korea conducted is not a good position for a dictator to dismantled all of its nuclear, chemical, bio- its fourth known nuclear test. The Kim be in—but also that missile production

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.005 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H236 CONGRESSIONAL RECORD — HOUSE January 11, 2016 lines had come to a halt because they HOUSE OF REPRESENTATIVES, that by forgoing consideration of H.R. 757 at couldn’t buy on the black market; they COMMITTEE ON OVERSIGHT AND this time, we do not waive any jurisdiction didn’t have the hard currency anymore GOVERNMENT REFORM, over the subject matter contained in this or to do it, the parts that they needed for Washington, DC, February 26, 2015. similar legislation, and the Committee will be appropriately consulted and involved as their programs. Hon. ED ROYCE, Chairman, Committee on Foreign Affairs, the bill or similar legislation moves forward Unfortunately, the pressure at the Washington, DC. so that we may address any remaining issues time was lifted. I think it was lifted DEAR MR. CHAIRMAN: I write concerning that fall within our Rule X jurisdiction. The prematurely for certain because the H.R. 757, the North Korea Sanctions Enforce- Committee also reserves the right to seek representation was made that Kim ment Act of 2015. As you know, the Com- appointment of an appropriate number of Jong Il was going to make concessions mittee on Foreign Affairs received an origi- conferees to any House-Senate conference in- nal referral and the Committee on Oversight volving this or similar legislation, and re- on his nuclear program, concessions and Government Reform a secondary referral quests your support for such request. that ultimately were never made. when the bill was introduced on February 5, Finally, I would appreciate your response From my standpoint, what a mistake. 2015. I recognize and appreciate your desire to this letter confirming this understanding, From the standpoint of the people I to bring this legislation before the House of and would ask that a copy of our exchange of talk to over at Treasury, what a mis- Representatives in an expeditious manner, letters on this matter be included in the take. They had a different vision on and accordingly, the Committee on Over- Congressional Record during floor consider- how those sanctions should be main- sight and Government Reform will forego ac- ation thereof. tained. tion on the bill. Sincerely, The Committee takes this action with our PAUL RYAN, Today, the Obama administration mutual understanding that by foregoing con- Chairman. has let its North Korea policy drift. A sideration of H.R. 757 at this time, we do not year ago, it promised a proportional re- waive any jurisdiction over the subject mat- HOUSE OF REPRESENTATIVES, sponse to the massive cyber terrorist ter contained in this or similar legislation. COMMITTEE ON FOREIGN AFFAIRS, attack against the United States. But Further, I request your support for the ap- Washington, DC, June 4, 2015. pointment of conferees from the Committee Hon. PAUL RYAN, to date, the administration’s response on Oversight and Government Reform during has been dangerously weak. A mere 18 Chairman, Committee on Ways and Means, any House-Senate conference convened on Washington, DC. low-level arms dealers have been sanc- this or related legislation. DEAR MR. CHAIRMAN: Thank you for con- Finally, I would ask that a copy of our ex- tioned. That has been it. Failing to re- sulting with the Committee on Foreign Af- change of letters on this matter be included spond to North Korea’s belligerence, I fairs on H.R. 757, the North Korea Sanctions in the bill report filed by the Committee on think, only emboldens their leader. Enforcement Act of 2015, and for agreeing to Foreign Affairs, as well as in the Congres- be discharged from further consideration of Disrupting North Korea’s illicit ac- sional Record during floor consideration, to that bill. tivities will place tremendous strain on memorialize our understanding. I agree that your forgoing further action that country’s ruling elite who have so Sincerely, on this measure does not in any way dimin- brutalized the people of North Korea. I JASON CHAFFETZ, ish or alter the jurisdiction of the Com- spoke to the defector who used to run Chairman. mittee on Ways and Means, or prejudice its their propaganda machinery about jurisdictional prerogatives on this bill or HOUSE OF REPRESENTATIVES, this. He defected through China. And similar legislation in the future. I would sup- he discussed this issue. He said: Look, COMMITTEE ON FOREIGN AFFAIRS, port your effort to seek appointment of an Washington, DC, January 8, 2016. appropriate number of conferees to any that hard currency goes, not to the Hon. JASON CHAFFETZ, people; it goes for the military appa- House-Senate conference involving this leg- Chairman, House Committee on Oversight and islation. ratus and the political apparatus of the Government Reform, Washington, DC. I will seek to place our letters on H.R. 757 regime. So we have got to go after DEAR MR. CHAIRMAN: Thank you for con- into the Congressional Record during floor those illicit activities like we went sulting with the Committee on Foreign Af- consideration of the bill. I appreciate your after organized crime in the United fairs on H.R. 757, the North Korea Sanctions cooperation regarding this legislation and States: identify the network, interdict Enforcement Act, and for agreeing to be dis- look forward to continuing to work with charged from further consideration of that shipments, disrupt the flow of money. your Committee as this measure moves bill. through the legislative process. North Korea, after all, has been I agree that your forgoing further action Sincerely, called a ‘‘gangster regime.’’ You have on this measure does not in any way dimin- ish or alter the jurisdiction of the Com- EDWARD R. ROYCE, seen that term in the press. Well, it is Chairman. pretty apt. This regime is a critical mittee on Oversight and Government Re- form, or prejudice its jurisdictional preroga- threat, frankly, to our national secu- tives on this bill or similar legislation in the HOUSE OF REPRESENTATIVES, rity. Under this bill’s framework, any- future. I would support your effort to seek COMMITTEE ON THE JUDICIARY, one laundering money, counterfeiting appointment of an appropriate number of Washington, DC, January 7, 2016. goods, smuggling, or trafficking nar- conferees to any House-Senate conference in- Hon. ED ROYCE, cotics will be subject to significant volving this legislation. Chairman, Committee on Foreign Affairs, sanctions. I will seek to place our letters on H.R. 757 Washington, D.C. into the Congressional Record during floor DEAR CHAIRMAN ROYCE: I am writing with It is also important to remember the consideration of the bill. I appreciate your respect to H.R. 757, the ‘‘North Korea Sanc- deplorable state of human rights in cooperation regarding this legislation and tions Enforcement Act of 2015,’’ which was North Korea. Two years ago, a U.N. look forward to continuing to work with referred to the Committee on Foreign Affairs Commission of Inquiry released the your Committee as this measure moves and in addition to the Committee on the Ju- most comprehensive report on North through the legislative process. diciary. As a result of your having consulted Korea to date, finding that the Kim re- Sincerely, with us on provisions in H.R. 757 that fall gime ‘‘has for decades,’’ in their words, EDWARD R. ROYCE, within the rule X jurisdiction of the Com- Chairman. mittee on the Judiciary, I agree to discharge ‘‘pursued policies involving crimes that our Committee from further consideration of shock the conscience of humanity.’’ So HOUSE OF REPRESENTATIVES, this bill so that it may proceed expeditiously this bill requires the State Department COMMITTEE ON WAYS AND MEANS, to the House floor for consideration. to use this report’s findings to identify Washington, DC, May 29, 2015. The Judiciary Committee takes this action the individuals responsible for these Hon. EDWARD R. ROYCE, with our mutual understanding that by fore- abuses and to press for more ways in Chairman, Committee on Foreign Affairs, Wash- going consideration of H.R. 757 at this time, which to get information into North ington, DC. we do not waive any jurisdiction over subject matter contained in this or similar legisla- Korea so as to move the attitudes of DEAR CHAIRMAN ROYCE: I am writing with respect to H.R. 757, the ‘‘North Korea Sanc- tion, and that our Committee will be appro- the population inside the country. tions Enforcement Act of 2015.’’ As a result priately consulted and involved as this bill Mr. Speaker, a return to the strategy of your having consulted with us on provi- or similar legislation moves forward so that of effective financial pressure on North sions in H.R. 757 that fall within the Rule X we may address any remaining issues in our Korea is our best bet to end North Ko- jurisdiction of the Committee on Ways and jurisdiction. Our Committee also reserves rea’s threat to its own people, to our Means, I agree to waive consideration of this the right to seek appointment of an appro- South Korean allies, and ultimately to bill so that it may proceed expeditiously to priate number of conferees to any House- the House floor. Senate conference involving this or similar us. The Committee on Ways and Means takes legislation, and asks that you support any I reserve the balance of my time. this action with the mutual understanding such request.

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.012 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H237 I would appreciate a response to this letter HOUSE OF REPRESENTATIVES, say I am very proud, again, in a bipar- confirming this understanding with respect COMMITTEE ON FOREIGN AFFAIRS, tisan way, this bill passed unanimously to H.R. 757, and would ask that a copy of our Washington, DC, January 8, 2016. out of the Foreign Affairs Committee. exchange of letters on this matter be in- Hon. JEB HENSARLING, North Korea has become more and cluded in the CONGRESSIONAL RECORD during Chairman, House Committee on Financial Serv- Floor consideration of H.R. 757. ices, Washington, DC. more savvy at evading sanctions, and Sincerely, DEAR MR. CHAIRMAN: Thank you for con- that is why this bill broadens our sanc- BOB GOODLATTE, sulting with the Committee on Foreign Af- tions. The country’s elites do business Chairman. fairs on H.R. 757, the North Korea Sanctions with shell companies and cover up the Enforcement Act, and for agreeing to be dis- money trail. This allows hard currency HOUSE OF REPRESENTATIVES, charged from further consideration of that to flow into North Korea. This bill COMMITTEE ON FOREIGN AFFAIRS, bill. would crack down on this practice and Washington, DC, June 4, 2015. I agree that your forgoing further action go after anyone helping prop up the Hon. BOB GOODLATTE, on this measure does not in any way dimin- Chairman, House Committee on the Judiciary, ish or alter the jurisdiction of the Com- Kim regime through these illegal ac- Washington, DC. mittee on Financial Services, or prejudice tivities. DEAR MR. CHAIRMAN: Thank you for con- its jurisdictional prerogatives on this bill or I must say that I have been to North sulting with the Committee on Foreign Af- similar legislation in the future. I would sup- Korea twice, to Pyongyang twice. We fairs on H.R. 757, the North Korea Sanctions port your effort to seek appointment of an watched in the morning when people Enforcement Act of 2015, and for agreeing to appropriate number of conferees to any were going to work. The elites do very be discharged from further consideration of House-Senate conference involving this leg- well there. It is just the rest of the that bill. islation. I agree that your forgoing further action country that is starving. I will seek to place our letters on H.R. 757 on this measure does not in any way dimin- This bill would include the important into the Congressional Record during floor ish or alter the jurisdiction of the Com- consideration of the bill. I appreciate your exceptions for the humanitarian aid mittee on the Judiciary, or prejudice its ju- cooperation regarding this legislation and that benefits the North Korean people. risdictional prerogatives on this bill or simi- We help them with food aid. We are the lar legislation in the future. I would support look forward to continuing to work with your effort to seek appointment of an appro- your Committee as this measure moves most generous country with feeding priate number of conferees to any House- through the legislative process. North Korea. It is important to point Senate conference involving this legislation. Sincerely, this out because our quarrel is not with I will seek to place our letters on H.R. 757 EDWARD R. ROYCE, the North Korean people. It is with the into the Congressional Record during floor Chairman. despot and his aides that run North consideration of the bill. I appreciate your Mr. ENGEL. Mr. Speaker, I yield my- Korea. cooperation regarding this legislation and self such time as I may consume. We know that the people of North look forward to continuing to work with I rise in support of this measure. your Committee as this measure moves Korea endure deplorable treatment at through the legislative process. I want to first thank our chairman of the hands of a corrupt regime. I can Sincerely, the Foreign Affairs Committee, ED tell you the country’s citizens deserve EDWARD R. ROYCE, ROYCE, for authoring this very good, bi- much, much better. That is why we Chairman. partisan bill. I am very pleased to be will keep up the pressure on North Ko- the lead Democratic cosponsor. I think rea’s leaders and that is why we need HOUSE OF REPRESENTATIVES, this is an important bill, and it ties in to pass this legislation. COMMITTEE ON FINANCIAL SERVICES, with what we have tried to do for these Washington, DC, January 8, 2016. I urge a ‘‘yes’’ vote. past years on the Foreign Affairs Com- Hon. ED ROYCE, I reserve the balance of my time. Chairman, Committee on Foreign Affairs, mittee, being bipartisan and letting Mr. ROYCE. Mr. Speaker, I yield 3 Washington, DC. politics stop at the water’s edge when minutes to the gentleman from New DEAR CHAIRMAN ROYCE: I am writing con- we are talking about international af- Jersey (Mr. SMITH), chairman of the cerning H.R. 757, the North Korea Sanctions fairs. Foreign Affairs Subcommittee on Afri- Enforcement Act of 2015, and H.R. 3662, the Mr. Speaker, last week’s nuclear test ca, Global Health, Global Human Iran Terror Finance Transparency Act, both in North Korea was a stark reminder of of which were referred to the Committee on Rights, and International Organiza- Financial Services in addition to your Com- just how dangerous the Kim regime is. tions. mittee. A nuclear weapon in the hands of a Mr. SMITH of New Jersey. Mr. As a result of your having consulted with rogue power is a threat to peace and Speaker, I thank the distinguished the Committee on Financial Services con- stability around the world. North chairman for yielding. cerning provisions of the bills that fall with- Korea continues to have a destabilizing I rise in strong support of H.R. 757, in our Rule X jurisdiction, I agree to dis- influence on the peninsula and across the North Korea Sanctions Enforce- charge our Committee from further consider- the region, and the potential for nu- ation of the bills so that they may proceed ment Act of 2016. expeditiously to the House Floor. The Com- clear fuel from North Korea to end up Mr. Speaker, there is a compelling mittee on Financial Services takes this ac- on the black market in the hands of need to pass tough and effective legis- tion with our mutual understanding that, by violent extremists only compounds the lation to freeze the assets of the Kim foregoing consideration of H.R. 757 and H.R. threat. Jong-un regime. 3662 at this time, we do not waive any juris- Yet, despite the burden of some of I want to commend Chairman ROYCE diction over the subject matter contained in the toughest sanctions imaginable, de- for his long and hard work on North this or similar legislation, and that our Com- spite constant pressure from the global Korea and his determination to bring mittee will be appropriately consulted and involved as this or similar legislation moves community, despite the increasing iso- this bill to the floor. I again thank forward so that we may address any remain- lation of North Korea from the rest of Ranking Member ELIOT ENGEL for his ing issues that fall within our Rule X juris- the world, leaders in Pyongyang persist good, strong sense of bipartisanship. diction. Our Committee also reserves the on this dangerous and destabilizing This is a one-two punch against a cruel right to seek appointment of an appropriate course. dictatorship, and this legislation has to number of conferees to any House-Senate The latest test demands a response. get to the President as soon as pos- conference involving this or similar legisla- We need to work with our allies, par- sible. tion, and requests your support for any such request. ticularly South Korea and Japan. We Mr. Speaker, whether it be North Finally, I would appreciate your response need to make sure this issue is at the Korea or Iran, when will we learn the to this letter confirming this understanding top of the agenda in our engagement hard lesson that totalitarian states do with respect to H.R. 757 and H.R. 3662 and with China. China can have a lot of in- not negotiate in good faith, cannot be would ask that a copy of our exchange of let- fluence and does have a lot of influence trusted to hold up their end of the bar- ters on this matter be included in your Com- over North Korea. We need to act uni- gain, and use our goodwill and our for- mittee’s report to accompany the legislation laterally to make clear to the North eign capital to keep on proliferating? and in the Congressional Record during floor consideration thereof. Koreans that their actions have con- They will not allow intrusive inspec- Sincerely, sequences. tions because they cheat and because it JEB HENSARLING, This bill would broaden our sanctions weakens their status at home. They Chairman. and strengthen enforcement. Let me use nuclear weapons negotiations to

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.027 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H238 CONGRESSIONAL RECORD — HOUSE January 11, 2016 enhance their own diplomatic status families separated by the 38th parallel, prised that North Korea wants a piece and to gain concessions. and another to ensure that U.S. policy of the pie, too. Illegal nuclear pro- In the end, nuclear negotiations earn toward North Korea is informed by the grams and material can bring a lot of rogue nations like Iran and North recommendations made in the land- money to a regime. Korea foreign capital and other invest- mark Commission of Inquiry on Human In the hearing that we had in Octo- ments from the West. They use that to Rights in North Korea conducted by ber, we learned of deep connections be- fund additional missile technology, to the United Nations. tween Iran and North Korea. Both na- fund criminal and terrorist activities, Amidst the tense geopolitical tions, among other things, sponsor and to continue with clandestine nu- standoffs and irresponsible actions of worldwide terror. They have a history clear programs. the North Korean regime, we must al- of working together on missile develop- During the Bush administration, the ways remember the human cost of this ment. There is mounting evidence that most effective tools in bringing the enduring conflict. I believe this bill, they have worked together on their nu- North Korea dictatorship to heel were through these amendments and impor- clear weapons programs as well. We the freezing of its assets in the Banco tant exceptions to sanctions for hu- should expect Iran to keep working Delta Asia in Macao and the building manitarian relief organizations, does with North Korea to advance its own of an international coalition to inter- just that. This is timely, if not over- nuclear weapons program. dict suspect North Korea shipping. due, legislation. We have sanctions on North Korea, These should be our priorities now, es- North Korea is a reckless, paranoid but all those sanctions have not been pecially in the shadow of North Korea’s state devoid of virtually all aspects of fully implemented. The administra- nuclear tests, by imposing mandatory human autonomy, now armed with a tion’s policy of strategic patience is sanctions on the perpetrators of human nuclear umbrella. That makes the Ko- not working because this barbaric re- rights abuses, censorship, arms and rean peninsula one of the most dan- gime continues to develop nuclear human trafficking, money laundering, gerous flash points on the globe. weapons and ICBMs. I say our patience as well proliferation. There have been recent developments has run out in dealing with them. Nearly 2 years ago, the U.N. Commis- in North Korea that are profoundly This bill is Congress showing North Korea that there are consequences for sion of Inquiry reported that the ongo- troubling and deserve an immediate re- their testing of nuclear weapons. We ing crimes against humanity in North sponse from this Congress. Reports cannot let North Korea develop its nu- Korea have no ‘‘parallel in the contem- that North Korea has conducted its fourth nuclear weapons test confirm clear program even more. porary world.’’ These crimes include North Korea already has submarines that the regime in Pyongyang is com- ‘‘extermination, murder, enslavement, with missiles on them that can reach mitted to defying international norms torture, imprisonment, rape, forced the United States, over 10 nuclear and risks destabilizing the entire Asia- abortions and other sexual violence, bombs, and for some reason has Austin Pacific region. persecution on political, religious, and on its hit list. I take that personally, As co-chairman of the Congressional racial, and grounds, the forcible trans- Mr. Speaker, that Austin is their num- Caucus on Korea, I remain deeply con- fer of populations, the enforced dis- ber one target in the United States. appearance of persons, and the inhu- cerned with the volatility and the ever- North Korea is a state that imprisons mane act of knowingly causing pro- present potential of conflict on the Ko- Christians for their faith, starves its longed starvation.’’ rean Peninsula. citizens, controls the Internet and the It is a specter that looms over 75 mil- b 1615 media, tortures anyone in its domain lion Koreans and, for their sake and who dares to disagree with the regime, Kim Jong-un cares not at all about that of the region, the U.S., the Repub- and is engaged in cyberterrorism. the welfare of his own people. We lic of Korea, China, and other regional Dangerous actions by a ruthless dic- should expect that he cares even less stakeholders must demonstrate com- tator must be met by forceful re- about the welfare of the people of mitment to addressing this threat. sponses. I am glad to be an original co- Japan, South Korea, or even U.S. citi- By targeting the individuals and en- sponsor of this bill. I urge its passage. zens who face the threat of North Ko- tities that support the Kim regime It is time for them to pay the price for rean nuclear weapons. through illicit activities, this bill will going rogue. The U.N. Commission recommended hopefully weaken the resolve and capa- And that is just the way it is. that the U.N. impose targeted sanc- bility of Pyongyang to endanger re- Mr. ENGEL. Mr. Speaker, I yield 4 tions on the North Korean leaders regional stability. minutes to the gentlewoman from Ha- sponsible for its human rights crimes. Mr. Speaker, I urge passage of the waii (Ms. GABBARD), our colleague on However, China blocks U.N. action. bill. the Committee on Foreign Affairs, a Without U.N. action, the U.S. must Mr. ROYCE. Mr. Speaker, I yield 3 rising star in our committee. act, using our position as the steward minutes to the gentleman from Texas Ms. GABBARD. Mr. Speaker, I am of the global financial system. The (Mr. POE), chairman of the Sub- rising today in strong support of H.R. U.N. Special Rapporteur on North committee on Terrorism, Nonprolifera- 757, the North Korea Sanctions En- Korea welcomes such action, sup- tion, and Trade of the Committee on forcement Act, which I am proud to be porting targeted sanctions of those Foreign Affairs. He is also an original a cosponsor of. most responsible for these heinous cosponsor with me on this legislation. North Korea continues to pose a seri- crimes against humanity. Mr. POE of Texas. Mr. Speaker, I ous and dangerous threat to my con- Mr. ENGEL. Mr. Speaker, I yield 2 thank the chairman and the ranking stituents in Hawaii, the Pacific, and minutes to the gentleman from Vir- member for bringing this piece of legis- the West Coast of the United States. ginia (Mr. CONNOLLY), my friend and lation up to the House floor. Our communities and our families lie colleague and a valued member of the Mr. Speaker, North Korea is a world within range of North Korea’s inter- Committee on Foreign Affairs. threat, a nuclear world threat. Its lead- continental ballistic missiles. Mr. CONNOLLY. Mr. Speaker, I ers are outlaws with no redeeming so- North Korea’s nuclear tests just a thank my dear friend from New York, cial character in their souls, and we week ago and their continued pursuit the distinguished ranking member of need to operate with them knowing of developing more nuclear weapons the House Committee on Foreign Af- this. and miniaturizing those weapons serve fairs. Last week, North Korea tested an- as a reminder of the threat that North I rise today in support of the North other nuclear weapon. As chairman of Korea poses to our country, which my Korea Sanctions Enforcement Act of the Subcommittee on Terrorism, Non- constituents in Hawaii know all too 2016. I want to thank the chairman and proliferation, and Trade, I held a hear- well. ranking member for their leadership in ing in October and predicted that this There are some necessary steps that bringing this legislation before us. test would happen again. the United States must take to deal I especially appreciate the inclusion With Iran about to receive hundreds with this threat: We need to increase of two of my amendments, one to proof billions of dollars for its illegal nu- the strength and capabilities of our Pa- vide for the reunification of Korean clear program, we shouldn’t be sur- cific fleet and forces. We need to stop

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We need to com- torture, and sexual abuse are wide- weapons, and Kim Jong-un has shown pletely reexamine our strategy of so- spread. that he will stop at nothing to get the called strategic patience with North I would like to thank our Chairman weapons and the technology that he de- Korea, recognizing that North Korea ROYCE and our Ranking Member ENGEL sires. This bill would help ensure that has continued to grow in their nuclear for their steadfast, bipartisan dedica- our sanctions on North Korea are fi- and missile capabilities, telling us that tion and leadership to taking action on nally being enforced the way they al- the status quo is not working. this global and domestic security issue. ways should have been, but we can’t This bill, however, deals with an- This bill provides a critical step for- forget that North Korea cannot make other important area where we need to ward. progress on its nuclear program alone. act, and that is sanctions. It gives us Mr. ROYCE. Mr. Speaker, I yield 3 North Korea has a long history of the tools to respond to North Korea’s minutes to the gentlewoman from collaborating with other rogue re- provocations. One provision would Florida (Ms. ROS-LEHTINEN), chairman gimes, and we must ensure that we are apply sanctions that prohibit the ex- emeritus of the Committee on Foreign enforcing sanctions on all of its col- port of munitions to North Korea and Affairs and author of multiple North laborators. Any government entity or severely restrict export licenses for Korea human rights and sanctions individual that has sold or transferred controlled goods and technologies. It laws. She is also a cosponsor of this weapons or technology to North Korea would prohibit financial transactions bill. in violation of U.S. law or U.N. Secu- between U.S. persons and the Govern- Ms. ROS-LEHTINEN. Mr. Speaker, I rity Council resolution should also be ment of North Korea and sanction am so proud and pleased to be here targeted for sanctions. those who send or receive lethal mili- speaking on behalf of this bill, H.R. 757, Mr. Speaker, I will end with this tary equipment to or from North the North Korea Sanctions Enforce- note: North Korea has been writing the Korea. ment Act. I thank Chairman ROYCE and playbook for rogue regimes to follow, The bill will also give us the tools to Ranking Member ENGEL for intro- and unless this administration gets se- reapply some of the most effective ducing this important bill which, once rious about confronting Pyongyang’s sanctions that we have ever had again, is presented in their usual bipar- aggressions, I worry that it will con- against hard currency for those who do tisan manner. tinue to allow Iran to take advantage business with North Korea. We saw how While initial reports, Mr. Speaker, of us, that we won’t enforce sanctions these sanctions were effective before. cast doubt on North Korea’s claims on Tehran, just like we are not enforc- Following U.S. action against the that it carried out a hydrogen bomb ing them on North Korea. Banco Delta Asia based in Macao in test, any enhancement of the regime’s The SPEAKER pro tempore. The 2005, the assets of North Korean banks nuclear capability should be—must time of the gentlewoman has expired. and leaders were frozen and completely be—a cause for concern. Both U.S. and Mr. ROYCE. Mr. Speaker, I yield an blocked from the international finan- South Korean intelligence assessments additional 1 minute to the gentle- cial system. This directly affected the indicate that North Korea already pos- woman. money being used to develop these nu- sesses the capability to install a nu- Ms. ROS-LEHTINEN. In a few years’ clear and ballistic missile capabilities, clear warhead on a missile that can time, we will be back here debating and the money also supported the re- reach United States territory or that what to do after another nuclear device gime’s leadership and its elites and of our allies. test by North Korea, by Iran, or by their lifestyle. Despite some doubt about that other rogue actors. This severely increased the pressure capability’s effectiveness, it is just a North Korea poses an imminent in North Korea, causing them to en- matter of time before North Korea fin- threat now to our security as well as gage with the international commu- ishes developing this dangerous tech- that of our allies. We cannot afford to nity, coming to an agreement to lift nology that it is seeking or, worse, ignore it nor look the other way. I urge all of my colleagues to vote for the sanctions in 2007—prematurely, in shares this technology with Iran, as this important bill and urge its pas- my view—made in exchange for shut- these two rogue regimes are bosom sage. ting down and sealing the Yongbyon buddies and have long been known to I thank the chairman and the rank- nuclear facilities and discussing a list collaborate on their ballistic missile ing member for this bill. of its nuclear-related activities with programs. the U.S. and other parties in the re- What is clear is that our current pol- b 1630 gion. icy toward North Korea is not working. Mr. ENGEL. Mr. Speaker, I yield my- The agreement was violated by North Administrations from both parties, Mr. self such time as I may consume. Korea in 2009 when they tested a mis- Speaker, have made mistakes with Colleagues, a nuclear weapon in the sile, and the sanctions on Banco Delta North Korea over the years. They have hands of North Korea, a rogue, desta- showed us earlier a way to impact failed to respond to North Korea’s vio- bilizing country on the peninsula and North Korean leadership and business lation of its nuclear deal and have across the region, is simply a non- directly. Those sanctions should have failed to hold the regime accountable starter. It is unthinkable. Despite our been immediately reinstated upon for its illicit activity. Administration tough sanctions and increasing isola- North Korea breaking that agreement, after administration have removed tion from the global community, but that is why we are here today—to North Korea off the State Sponsors of Pyongyang continues down a dan- act. Terrorism list and continue to keep the gerous and destabilizing course. While sanctions alone are not regime off that list despite mounting Last week’s nuclear test in North enough, this bill could provide some evidence that would support its inclu- Korea is a jarring reminder of just how very important tools to countering sion back on the terrorism list. Var- dangerous the Kim regime is and de- North Korea’s aggression and ulti- ious administrations have utterly mands a response from the United mately achieving our objective of a failed to enforce the North Korea sanc- States and our allies as well. We must denuclearized North Korea. tions that we already have on the work with South Korea and Japan to Lastly, this bill recognizes the ter- books. make sure this issue is at the top of rible human rights abuses inflicted on The Obama administration’s so- our agenda in our engagement with the people of North Korea. For many called strategic patience policy with China. We must act unilaterally to years, State Department human rights North Korea has proven to be a dis- make sure to North Koreans that their reports, as well as private organiza- aster, and it is time that we fully and leadership’s actions have consequences. tions’ reports, have depicted a pattern vigorously enforce the existing sanc- H.R. 757 would broaden our sanctions of extreme human rights abuses by the tions and expand upon those to imple- and strengthen enforcement. The bill

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.015 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H240 CONGRESSIONAL RECORD — HOUSE January 11, 2016 would crack down on North Korean ties are untenable do prospects for percent reduction from the 2002 Treaty of elite who do business through shell peace and security in Northeast Asia Moscow and a 74 percent reduction from the companies to evade detection and go improve. 1991 START treaty. after anyone helping to prop up the This bill will return us to the one Neutralization of al Qaeda propagandist and Kim regime through illegal activities. strategy that has worked to pressure foreign fighter recruiter Anwar Al Awlaki, one This bill would include important ex- North Korea at a time when Kim Jong- of the main leaders in the Al Qaeda in the ceptions for the humanitarian aid that un is trying to blackmail his way to Arabian Peninsula (AQAP). benefits the North Korean people. consolidating power. Indeed, under President Obama’s leader- North Koreans deserve much more Congress must send the message to ship, our country’s military aid to Israel has in- than what its leaders are providing, the Kim regime that they can either creased remarkably with the eye towards which is why we need to pass this legis- reform and disarm or the system can deepening and expanding U.S./Israeli rela- lation. We cannot allow North Korea to implode. Without hard currency, with- tions-an important aspect of our nation’s for- continue to be dangerous and frivolous. out being able to pay the generals, that eign policy and geopolitical efforts to promote We have to stand up and say no. They system would implode. By cutting off peace in the region. have to understand that we mean busi- Kim Jong-un’s access to the hard cur- This president’s foreign policy achievements ness. They have to understand that rency he needs for his army and his in promoting the security of our nation are ir- what they have done is unacceptable weapons, this bill, H.R. 757, will square- refutable and this is why I support the North and will not stand. ly present the North Korean regime Korea Sanctions Enforcement Act of 2015 be- I urge my colleagues to support this with that choice. cause it will empower him to continue his im- measure. Mr. Speaker, I yield back the balance pressive work in this arena. Mr. Speaker, I yield back the balance of my time. Much like the Joint Comprehensive Plan of of my time. Ms. JACKSON LEE. Mr. Speaker, recent Action (JCPOA) championed by this Adminis- Mr. ROYCE. Mr. Speaker, I yield my- news of North Korea’s claim that it success- tration, this bill encourages our President to in- self such time as I may consume. fully conducted an H-bomb test for the first vestigate any credible information of We have the opportunity today to time, in defiance of United Nations’ resolutions sanctionable activities involving North Korea. show Americans and the world that ups the ante on why we must remain stead- Furthermore, this bill will designate and im- Congress is willing to lead on this vital fast in expediently addressing insecurity in our plement sanctions against persons and enti- national security issue. This is an issue nation and across the globe, as anticipated in ties who knowingly engage in or contribute to that Congress has been focused on, ob- this bill by Representative ROYCE of California, activities in North Korea whether it is through viously, for some time. entitled the North Korean Sanctions Enforce- their exporting or importing of weapons of I have spent much of my time on the ment Act of 2,315 which has enjoyed bi-par- mass destruction, significant arms, significant Foreign Affairs Committee focused on tisan support. luxury goods, money laundering, censorship, the North Korean threat. Ranking Our world today is faced with resurgent and or engage in human rights abuses. Member ELIOT ENGEL and I, in one of evolving threats from weapons of mass de- Pursuant to the bill, the President is empow- our first trips together as chairman struction to destructive nuclear ambitions. ered to exercise authorities under the Inter- and ranking member of the committee, Indeed, news events inform us of the far- national Emergency Economic Powers Act traveled to visit our South Korean ally ranging spectrum we must contend with, rang- (IEEPA) as it relates to persons, entities and and toured the wreckage of the ing from persistent nation state-based dan- the government of North Korea. Cheonan. gerous nuclear ambitions in North Korea, to This bill empowers our President with dis- This was a corvette ship that was hit continued chemical weapons used in Syria, to cretionary authority to designate and apply and split right in half by a torpedo terrorist organizations such as Daesh ramping sanctions to persons involved in certain other fired by a North Korean submarine, up their destructive capabilities through vitriolic kinds of conduct. costing the lives of 46 sailors. It is a re- recruitment strategies, that pose an existential This bill will facilitate civil forfeiture of as- minder of the attitude that North threat beyond the borders from which ISIS is sets, real or personal, if said properties inure Korea has in terms of its provocative operating. from any attempted or actual violation of this action. I am confident that these are issues that Act, or which constitutes or is derived from Both ELIOT ENGEL and I have been to President Obama will be addressing and pro- proceeds traceable to such a violation. North Korea on separate trips, and we posing durable solutions to during his last Other core provisions of the bill is the em- can tell you it is a totalitarian state state of the Union Address as our nation’s powerment of our Treasury Secretary to: with an ever-present cult of personal- Commander In Chief. determine whether reasonable grounds exist ities. If you have ever read Orwell’s Under his leadership, our nation has for concluding that North Korea is a jurisdic- book, ‘‘Nineteen Eighty-Four,’’ the so- achieved foreign policy feats that have worked tion of primary money laundering concern; and ciety in that book seemed almost more to maintain our security, promote our geo- In the event our Treasury Secretary makes rational than this police state. political objectives and advance our diplomatic this determination, he is empowered to impose I was talking to the former Minister relationships with key allies. one or more special measures with respect to of Propaganda. In the no-go areas, 1.9 Let’s just take a quick look back at some of the jurisdiction of North Korea. million were starved to death in North the President’s foreign policy achievements: Finally, our sense of Congress in this bill is Korea. You ask why. Well, with the The capture and neutralization of Osama in comity with and ensures the consistent en- paranoia of the police state, they are Bin Laden which brought an end to a nearly forcement of United Nations Security Council not considered particularly loyal out decade long manhunt. resolutions and financial restrictions on North there. The withdrawal of U.S. forces from Iraq Korea. Besides, the food can be sold on the which helped to bring an end to a costly war, Through this bill, our president will be em- food exchange in the capital for hard helping our country save billions of dollars in powered to withhold assistance under the For- currency. Donated food often is used in U.S. taxpayer funds. eign Assistance Act of 1961 to any country this way to support what he calls The current Joint Comprehensive Plan of that provides lethal military equipment to, or ‘‘juche,’’ to support this philosophy Action, which has been instrumental in deter- receives it from the government of North which leads them forward with this dering and stemming Iran’s nuclear ambitions Korea. sire to have a nuclear weapon and the and enabling security in the global society. This bill is also important because it will put capability to deliver it. The repealing of Don’t Ask, Don’t Tell, an into place an enhanced screening procedure This bipartisan bill, which I authored aspersion on the personal private matters of whereby our Secretary of Homeland Security with ELIOT ENGEL as our principal co- those who have dedicated their lives to protect (DHS) will be able to determine if physical in- author, is based on legislation that our nation. spections are warranted of any cargo bound unanimously passed the House last Signing into law the New Strategic Arms for or landed in the United States that has Congress. Its implementation will help Reduction Treaty (START), an important treaty been transported through a foreign seaport or sever a key subsidy for North Korea’s that showcases how the U.S. leads by exam- airport whose inspections are deficient if there weapons of mass destruction program, ple by signing a treaty that requires both the are reasonable grounds to believe that such for only when the North Korean leader- United States and Russia to reduce their nu- cargo contains goods prohibited under this ship realizes that its criminal activi- clear warhead arsenals to 1,550 each, a 30 Act.

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K11JA7.017 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H241 This will facilitate expedient seizure of ves- ‘‘(B) terminate on the last day of the month (1) any provision of law relating to the secu- sels or aircraft used to facilitate sanctionable before the former President dies; and rity or protection of a former President or a activities. ‘‘(C) be payable by the Secretary of the Treas- member of the family of a former President; or ury on a monthly basis. (2) funding, under the law amended by this The President will also be supported in his ‘‘(2) The annuity and allowance under subsection or under any other law, to carry out any efforts to produce progress reports on signifi- section (a) shall not be payable for any period provision of law described in paragraph (1). cant activities undermining cyber security con- during which the former President holds an ap- SEC. 4. EFFECTIVE DATE; TRANSITION RULES. flicted, or otherwise ordered or controlled, di- pointive or elective position in or under the Fed- (a) EFFECTIVE DATE.—This Act shall take ef- rectly or indirectly, by the government of North eral Government to which is attached a rate of fect on the date of enactment of this Act. Korea. pay other than a nominal rate. (b) TRANSITION RULES.— Our Secretary of State will be supported in ‘‘(c) Effective December 1 of each year, each (1) FORMER PRESIDENTS.—In the case of any individual who is a former President on the date his human rights efforts of reporting on each annuity and allowance under subsection (a) having a commencement date that precedes such of enactment of this Act, the amendment made political prison camp in North Korea, which will December 1 shall be increased by the same per- by section 2(a) shall be applied as if the com- include a detailed description of those abuses centage as the percentage by which benefit mencement date referred in subsection (b)(1)(A) or censorship. amounts under title II of the Social Security Act of the section amended by this Act coincided Again, I thank Chairman ROYCE for cham- (42 U.S.C. 401 and following) are increased, ef- with such date of enactment. pioning this bill and look forward to working fective as of such December 1, as a result of a (2) WIDOWS.—In the case of any individual with him and other members of this House in determination under section 215(i) of such Act who is the widow of a former President on the date of enactment of this Act, the amendments promoting our national security and supporting (42 U.S.C. 415(i)). ‘‘(d)(1) Notwithstanding any other provision made by section 2(b)(1) shall be applied as if the our President’s objective of establishing us as of this section, the monetary allowance payable commencement date referred to in subsection a credible and trusted leader in the global under subsection (a)(2) to a former President for (e)(1) of the section amended by this Act coin- landscape. any 12-month period may not exceed the amount cided with such date of enactment. The SPEAKER pro tempore. The by which— The SPEAKER pro tempore (Mr. COS- question is on the motion offered by ‘‘(A) the monetary allowance which (but for TELLO of Pennsylvania). Pursuant to the gentleman from California (Mr. this subsection) would otherwise be so payable the rule, the gentleman from Utah (Mr. for such 12-month period, exceeds (if at all) ROYCE) that the House suspend the CHAFFETZ) and the gentlewoman from rules and pass the bill, H.R. 757, as ‘‘(B) the applicable reduction amount for such 12-month period. the District of Columbia (Ms. NORTON) amended. ‘‘(2)(A) For purposes of paragraph (1), the each will control 20 minutes. The question was taken. ‘applicable reduction amount’ is, with respect to The Chair recognizes the gentleman The SPEAKER pro tempore. In the any former President and in connection with from Utah. opinion of the Chair, two-thirds being any 12-month period, the amount by which— GENERAL LEAVE in the affirmative, the ayes have it. ‘‘(i) the sum of (I) the adjusted gross income Mr. CHAFFETZ. Mr. Speaker, I ask Mr. ROYCE. Mr. Speaker, on that I (as defined by section 62 of the Internal Rev- unanimous consent that all Members enue Code of 1986) of the former President for demand the yeas and nays. may have 5 legislative days in which to The yeas and nays were ordered. the last taxable year ending before the start of such 12-month period, plus (II) any interest ex- revise and extend their remarks and in- The SPEAKER pro tempore. Pursu- cluded from the gross income of the former clude extraneous materials on the bill ant to clause 8 of rule XX, further pro- President under section 103 of such Code for under consideration. ceedings on this motion will be post- such taxable year, exceeds (if at all) The SPEAKER pro tempore. Is there poned. ‘‘(ii) $400,000, subject to subparagraph (C). objection to the request of the gen- f ‘‘(B) In the case of a joint return, subclauses tleman from Utah? (I) and (II) of subparagraph (A)(i) shall be ap- PRESIDENTIAL ALLOWANCE There was no objection. plied by taking into account both the amounts Mr. CHAFFETZ. Mr. Speaker, I yield MODERNIZATION ACT properly allocable to the former President and myself such time as I may consume. Mr. CHAFFETZ. Mr. Speaker, I move the amounts properly allocable to the spouse of the former President. I rise today in support of H.R. 1777, to suspend the rules and pass the bill ‘‘(C) The dollar amount specified in subpara- the Presidential Allowance Moderniza- (H.R. 1777) to amend the Act of August graph (A)(ii) shall be adjusted at the same time tion Act. The act updates an arcane 25, 1958, commonly known as the that, and by the same percentage as the per- law which no longer reflects day-to-day ‘‘Former Presidents Act of 1958’’, with centage by which, the monetary allowance of reality in order to reduce unnecessary respect to the monetary allowance pay- the former President is increased under sub- costs to the taxpayers. H.R. 1777 de- able to a former President, and for section (c) (disregarding this subsection).’’. creases the pension of former Presi- (b) RELATING TO THE SURVIVING SPOUSE OF A other purposes, as amended. dents, increases the pension of sur- FORMER PRESIDENT.— The Clerk read the title of the bill. (1) INCREASE IN AMOUNT OF MONETARY ALLOW- viving spouses, and limits the allow- The text of the bill is as follows: ANCE.—Subsection (e) of the section amended by ances provided for post-Presidential ex- H.R. 1777 subsection (a) is amended— penditures. Be it enacted by the Senate and House of Rep- (A) in the first sentence, by striking ‘‘$20,000 This important piece of legislation resentatives of the United States of America in per annum,’’ and inserting ‘‘$100,000 per year amends and modernizes the Former Congress assembled, (subject to paragraph (4)),’’; and Presidents Act of 1958 by authorizing a (B) in the second sentence— SECTION 1. SHORT TITLE. $200,000 annual pension for each former (i) in paragraph (2), by striking ‘‘and’’ at the This Act may be cited as the ‘‘Presidential Al- end; President and a $100,000 annual sur- lowance Modernization Act’’. (ii) in paragraph (3)— vivor benefit for each surviving spouse. SEC. 2. AMENDMENTS. (I) by striking ‘‘or the government of the Dis- We thank these Presidents and their (a) RELATING TO A FORMER PRESIDENT.—The trict of Columbia’’; and spouses for the unbelievable toll and first section of the Act entitled ‘‘An Act to pro- (II) by striking the period and inserting ‘‘; service that they have given to their vide retirement, clerical assistants, and free and’’; and country. Currently, former Presidents mailing privileges to former Presidents of the (iii) by adding after paragraph (3) the fol- receive an annual pension of roughly United States, and for other purposes’’, ap- lowing: proved August 25, 1958 (3 U.S.C. 102 note), is ‘‘(4) shall, after its commencement date, be in- $203,700, and a surviving spouse’s pen- amended by striking the matter before sub- creased at the same time that, and by the same sion is $20,000. section (e) and inserting the following: percentage as the percentage by which, annu- The Presidential Allowance Mod- ‘‘(a) Each former President shall be entitled ities of former Presidents are increased under ernization Act also sets an annual al- for the remainder of his or her life to receive subsection (c).’’. lowance of $200,000 for costs such as from the United States— (2) COVERAGE OF WIDOWER OF A FORMER travel, staff, and office expenses that ‘‘(1) an annuity at the rate of $200,000 per PRESIDENT.—Such subsection (e), as amended by are associated with post-Presidential year, subject to subsection (c); and paragraph (1), is further amended— life. ‘‘(2) a monetary allowance at the rate of (A) by striking ‘‘widow’’ each place it appears For those former Presidents that and inserting ‘‘widow or widower’’; and $200,000 per year, subject to subsections (c) and earn outside income, which most do, (d). (B) by striking ‘‘she’’ and inserting ‘‘she or ‘‘(b)(1) The annuity and allowance under sub- he’’. the $200,000 annual allowance is re- section (a) shall each— SEC. 3. RULE OF CONSTRUCTION. duced dollar for dollar for every dollar ‘‘(A) commence on the day after the indi- Nothing in this Act shall be considered to af- a former President earns in outside in- vidual becomes a former President; fect— come in excess of $400,000.

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.018 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H242 CONGRESSIONAL RECORD — HOUSE January 11, 2016 So, in essence, if former Presidents MINGS of the Oversight Committee, for under the total dominance of the Fed- want to ride off into the sunset and go their work on this important update of eral Government. fishing and enjoy the Utah sunsets, Presidential legislation. Since then, of course, there have they can go do that. They will be very This is what this bill would do: It been changes that I am pleased to ap- healthily compensated to lead that would update what has become an ar- plaud, and the government of the Dis- kind of lifestyle. cane law and reduce unnecessary costs trict of Columbia pays for the pensions If they choose to go out and sell to the taxpayer. The bill would amend of its own employees, so the Federal books and give speeches and do all the Former Presidents Act of 1958 to Government isn’t in it at all. those things, more power to them. If provide a $200,000 annual pension for There is no reason the concern that a that is what they choose to do, they each former President and a $100,000 former President would receive both a can go out and make that type of annual survivor benefit to each sur- pension and a salary from the Federal money. For some, they make millions viving spouse. The pensions are indexed Government should still be a part of of dollars doing so. At that point, I just to inflation and would increase with our law. don’t think that the taxpayers should the Social Security cost-of-living ad- This is a good-government bill that necessarily supplement their income. justment. makes fiscal sense by reducing tax- They don’t need it at that point. Currently, surviving spouses receive payer-funded costs. I certainly urge my So we worked in a very good, bipar- $20,000—an interesting disparity be- colleagues on both sides of the aisle to tisan way with Ranking Member ELI- tween the spouse and the former Presi- support H.R. 1777. JAH CUMMINGS from Maryland. We dent—and former Presidents receive a I reserve the balance of my time. worked to do this together. We intro- pension equal to the pay for Cabinet Mr. CHAFFETZ. Mr. Speaker, I have duced this in a bipartisan way. I want Secretaries, which for 2015 is $203,700. no additional speakers. I urge its pas- our Members to know that, if this bill The bill would also provide an annual sage. I really and truly enjoyed work- passes, it would save nearly $10 million allowance of $200,000 for costs associ- ing with Members on both sides of the in the first 5 years. ated with post-Presidential life. The aisle to get this through and urge its In fiscal year 2015, Congress appro- annual allowance would replace adoption. priated $3.2 million for pensions, office amounts currently provided for travel, I reserve the balance of my time. staff, and related expenses for former staff, and office expenses, which to- Ms. NORTON. Mr. Speaker, I have no Presidents. Of that amount, the Gen- taled $3.25 million in fiscal year 2015 for additional speakers. eral Services Administration made $1.1 the four living former Presidents. I want to thank the chairman. We million in rental payments for office The allowance would be reduced dol- are off to a good start in this second space. lar for dollar for every dollar a former session of this Congress. The annual allowance provision President earns in outside income in I yield back the balance of my time. under H.R. 1777 replaces the millions of excess of $400,000. Mr. CHAFFETZ. Mr. Speaker, I yield dollars currently provided for travel, back the balance of my time. b 1645 staff, and office expenses of former The SPEAKER pro tempore. The Presidents and ends an unnecessary So, you see, there might be no Presi- question is on the motion offered by government handout to former Presi- dential pension if the President does the gentleman from Utah (Mr. dents that decide to make millions what most Presidents have done, which CHAFFETZ) that the House suspend the after leaving office. is to almost not be able to help earning rules and pass the bill, H.R. 1777, as This bill does not affect the security outside income. amended. or protection of former Presidents or Updating the allowance ends an un- The question was taken; and (two- family members of a former President. necessary government handout to thirds being in the affirmative) the But, rather, H.R. 1777 brings an end to former Presidents making millions of rules were suspended and the bill, as the American taxpayer subsidizing ex- dollars after leaving office. There is lit- amended, was passed. penditures for former Presidents. tle reason why American taxpayers A motion to reconsider was laid on Unfortunately, both sides of the aisle should be subsidizing these former the table. recognize that, no matter who the Presidents when they are making a f President is, in this modern age, they comfortable living on their own work. DISTRICT OF COLUMBIA COURTS, are going to have security concerns the This legislation would not affect the PUBLIC DEFENDER SERVICE, rest of their lives. funding for the security and protection AND COURT SERVICES AND OF- Under this bill, all of those expenses of former Presidents and their spouses, FENDER SUPERVISION AGENCY for the Secret Service and those type of and that is an important provision, ACT OF 2015 expenditures will continue to be paid considering the world in which we live for, at no expense. No matter their in- today. Mr. CHAFFETZ. Mr. Speaker, I move come, it is a duty and obligation of the Last, Mr. Speaker, I want to particu- to suspend the rules and pass the bill Federal Government to protect these larly thank my good friend, Chairman (S. 1629) to revise certain authorities of former Presidents, and they will con- CHAFFETZ, for the amendment, my the District of Columbia courts, the tinue to do so. amendment to the bill in committee to Court Services and Offender Super- The Presidential Allowance Mod- eliminate the prohibition on pre- vision Agency for the District of Co- ernization Act modernizes the Former venting a former President or sur- lumbia, and the Public Defender Serv- Presidents Act while reducing unneces- viving spouse from receiving a pension ice for the District of Columbia, and sary costs to the taxpayers. during the period of time he or she for other purposes. Again, I want to thank Ranking holds office in the District of Colum- The Clerk read the title of the bill. Member CUMMINGS, who was an origi- bia. The text of the bill is as follows: nal cosponsor of this bill. I also want Imagine that. When this bill was S. 1629 to thank Representative GROTHMAN written, it was a double-dipping bill, Be it enacted by the Senate and House of Rep- from Wisconsin, who cosponsored and and they thought that some President resentatives of the United States of America in worked on this piece of legislation. I would leave office and want to, some- Congress assembled, urge Members to vote in favor of this. how, seek work in the District of Co- SECTION 1. SHORT TITLE. Mr. Speaker, I reserve the balance of lumbia. Hardly, but I can understand This Act may be cited as the ‘‘District of my time. that provision, and I thank the chair- Columbia Courts, Public Defender Service, Ms. NORTON. Mr. Speaker, I yield man that this double-dipping provision, and Court Services and Offender Supervision myself such time as I may consume. he and I both find, is no longer nec- Agency Act of 2015’’. Mr. Speaker, I rise in strong support essary. SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. of H.R. 1777, the Presidential Allow- While this language may have made (a) AUTHORIZATION TO COLLECT DEBTS AND ance Modernization Act. I want to sense in 1958, that was before the Dis- ERRONEOUS PAYMENTS FROM EMPLOYEES.— thank my good friends, Chairman trict even had home rule. The District (1) IN GENERAL.—Subchapter II of chapter CHAFFETZ and Ranking Member CUM- had no mayor or city council. It was 17 of title 11, District of Columbia Official

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Code, is amended by adding at the end the ‘‘(A) AVAILABILITY OF HEARING UPON RE- ‘‘(A) determines that there exists, in con- following: QUEST.—Except as provided in paragraph (3), nection with the claim, an indication of ‘‘§ 11–1733. Collection, compromise, and waiv- the Executive Officer shall provide a hearing fraud, misrepresentation, fault, or lack of er of employee debts and erroneous pay- under this paragraph if an individual, not good faith on the part of the employee, the ments later than 15 days after the date on which former employee, or any other person that the individual receives a notice under para- ‘‘(a) COLLECTION OF DEBTS AND ERRONEOUS has an interest in obtaining a waiver of the graph (1)(A), and in accordance with any pro- PAYMENTS MADE TO EMPLOYEES.— claim; or cedures that the Executive Officer pre- ‘‘(1) AUTHORITY TO COLLECT.—If the Execu- ‘‘(B) receives the application for waiver tive Officer determines that an employee or scribes, files a petition requesting the hear- later than 3 years after the later of the date former employee of the District of Columbia ing. on which the erroneous payment was discov- ‘‘(B) BASIS FOR HEARING.—A hearing under Courts is indebted to the District of Colum- ered or the date of enactment of this section, this paragraph shall be on the written sub- bia Courts because of an erroneous payment unless the claim involves money owed for missions unless the hearing officer deter- made to or on behalf of the employee or Federal health benefits, Federal life insur- mines that the existence or amount of the former employee, or any other debt, the Ex- ance, or Federal retirement benefits. debt— ecutive Officer may collect the amount of ‘‘(3) DENIAL OF APPLICATION FOR WAIVER.—A ‘‘(i) turns on an issue of credibility or ve- the debt in accordance with this subsection. decision by the Executive Officer to deny an racity; or ‘‘(2) TIMING OF COLLECTION.—The Executive application for a waiver under this sub- ‘‘(ii) cannot be resolved by a review of the Officer may collect a debt from an employee section shall be the final administrative de- documentary evidence. under this subsection in monthly install- cision of the District government. ‘‘(C) STAY OF COLLECTION PROCEEDINGS.— ments or at officially established regular pay ‘‘(4) REFUND OF AMOUNTS ALREADY COL- The timely filing of a petition for a hearing LECTED AGAINST CLAIM SUBSEQUENTLY period intervals, by deduction in reasonable under subparagraph (A) shall stay the com- amounts from the current pay of the em- WAIVED.—If the Executive Officer waives a mencement of collection proceedings under claim against an employee or former employee. this section. ‘‘(3) SOURCE OF DEDUCTIONS.—The Execu- ployee under this section after the District ‘‘(D) INDEPENDENT OFFICER.—An inde- tive Officer may make a deduction under of Columbia Courts have been reimbursed for pendent hearing officer appointed in accord- the claim in whole or in part, the Executive paragraph (2) from any wages, salary, com- ance with regulations promulgated under pensation, remuneration for services, or Officer shall provide the employee or former subsection (e) shall conduct a hearing under employee a refund of the amount of the re- other authorized pay, including incentive this paragraph. pay, back pay, and lump sum leave pay- imbursement upon application for the re- ‘‘(E) DEADLINE FOR DECISION.—The hearing fund, if the Executive Officer receives the ap- ments, but not including retirement pay. officer shall issue a final decision regarding ‘‘(4) LIMIT ON AMOUNT.—In making deduc- plication not later than 2 years after the ef- the questions covered by the hearing at the fective date of the waiver. tions under paragraph (2) with respect to an earliest practicable date, and not later than ‘‘(5) EFFECT ON ACCOUNTS OF COURTS.—In employee, the Executive Officer— 60 days after the date of the hearing. ‘‘(A) except as provided in subparagraph the audit and settlement of accounts of any ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) accountable official, full credit shall be (B), may not deduct more than 20 percent of shall not apply to a routine intra-Courts ad- given for any amounts with respect to which the disposable pay of the employee for any justment of pay that is attributable to a collection by the District of Columbia Courts period; and clerical or administrative error or delay in is waived under this subsection. ‘‘(B) upon consent of the employee, may processing pay documents that occurred ‘‘(6) VALIDITY OF PAYMENTS.—An erroneous deduct more than 20 percent of the dispos- within the 4 pay periods preceding the ad- payment or debt, the collection of which is able pay of the employee for any period. justment or to any adjustment that amounts waived under this subsection, shall be a valid ‘‘(5) COLLECTIONS AFTER EMPLOYMENT.—If to not more than $50, if at the time of the ad- payment for all purposes. the employment of an employee ends before justment, or as soon thereafter as practical, ‘‘(7) NO EFFECT ON OTHER AUTHORITIES.— the Executive Officer completes the collec- the Executive Officer provides the indi- Nothing in this subsection shall be construed tion of the amount of the employee’s debt vidual— to affect the authority of the District of Co- under this subsection, deductions may be ‘‘(A) written notice of the nature and lumbia under any other statute to litigate, made— amount of the adjustment; and settle, compromise, or waive any claim of ‘‘(A) from later non-periodic government ‘‘(B) a point of contact for contesting the the District of Columbia. payments of any nature due the former em- adjustment. ‘‘(e) REGULATIONS.—The authority of the ployee, except retirement pay; and ‘‘(c) COMPROMISE.— Executive Officer under this section shall be ‘‘(B) without regard to the limit under ‘‘(1) AUTHORITY TO COMPROMISE CLAIMS.— paragraph (4)(A). The Executive Officer may— subject to regulations promulgated by the Joint Committee.’’. ‘‘(b) NOTICE AND HEARING REQUIRED.— ‘‘(A) compromise a claim to collect a debt (2) CLERICAL AMENDMENT.—The table of ‘‘(1) IN GENERAL.—Except as provided in under this section if the amount involved is paragraph (3), prior to initiating any pro- not more than $100,000; and sections for subchapter II of chapter 17 of ceeding under subsection (a) to collect any ‘‘(B) suspend or end collection action on a title 11, District of Columbia Official Code, is debt from an individual, the Executive Offi- claim described in subparagraph (A) if the amended by adding at the end the following: cer shall provide the individual with— Executive Officer determines that— ‘‘11–1733. Collection, compromise, and waiver ‘‘(A) written notice, not later than 30 days ‘‘(i) no person liable on the claim has the of employee debts and erro- before the date on which the Executive Offi- present or prospective ability to pay a sig- neous payments.’’. cer initiates the proceeding, that informs the nificant amount of the claim; or (3) EFFECTIVE DATE.—The amendments individual of— ‘‘(ii) the cost of collecting the claim is made by this subsection shall apply with re- ‘‘(i) the nature and amount of the debt de- likely to be more than the amount recov- spect to any erroneous payment made or termined by the District of Columbia Courts ered. debt incurred before, on, or after the date of to be due; ‘‘(2) EFFECT OF COMPROMISE.—A com- enactment of this Act. ‘‘(ii) the intention of the Courts to initiate promise under this subsection shall be final (b) AUTHORIZATION TO PURCHASE UNIFORMS a proceeding to collect the debt through de- and conclusive unless obtained by fraud, mis- FOR PERSONNEL.—Section 11–1742(b), District ductions from pay; and representation, presenting a false claim, or of Columbia Official Code, is amended by ‘‘(iii) an explanation of the rights of the in- mutual mistake of fact. adding at the end the following: ‘‘In carrying dividual under this section; ‘‘(3) NO LIABILITY OF OFFICIAL RESPONSIBLE out the authority under the preceding sen- ‘‘(B) an opportunity to inspect and copy FOR COMPROMISE.—An accountable official tence, the Executive Officer may purchase Court records relating to the debt; shall not be liable for an amount paid or for uniforms to be worn by nonjudicial employ- ‘‘(C) an opportunity to enter into a written the value of property lost or damaged if the ees of the District of Columbia Courts whose agreement with the Courts, under terms amount or value is not recovered because of responsibilities warrant the wearing of uni- agreeable to the Executive Officer, to estab- a compromise under this subsection. forms if the cost of furnishing a uniform to lish a schedule for the repayment of the ‘‘(d) WAIVER OF CLAIM.— an employee during a year does not exceed debt; and ‘‘(1) AUTHORITY TO WAIVE CLAIMS.—Upon the amount applicable for the year under ‘‘(D) an opportunity for a hearing in ac- application from a person liable on a claim section 5901(a)(1) of title 5, United States cordance with paragraph (2) on the deter- to collect a debt under this section, the Ex- Code (relating to the uniform allowance for mination of the Courts— ecutive Officer may, with written justifica- employees of the Government of the United ‘‘(i) concerning the existence or amount of tion, waive the claim if collection would be— States).’’. the debt; and ‘‘(A) against equity; SEC. 3. AUTHORITIES OF COURT SERVICES AND ‘‘(ii) in the case of an individual whose re- ‘‘(B) against good conscience; and OFFENDER SUPERVISION AGENCY. payment schedule is established other than ‘‘(C) not in the best interests of the Dis- (a) AUTHORITY TO DEVELOP AND OPERATE by a written agreement under subparagraph trict of Columbia Courts. PROGRAMMATIC INCENTIVES FOR SENTENCED (C), concerning the terms of the repayment ‘‘(2) LIMITATIONS ON AUTHORITY.—The Exec- OFFENDERS.—Section 11233(b)(2)(F) of the Na- schedule. utive Officer may not waive a claim under tional Capital Revitalization and Self-Gov- ‘‘(2) PROCEDURES FOR HEARINGS.— this subsection if the Executive Officer— ernment Improvement Act of 1997 (sec. 24–

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.019 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H244 CONGRESSIONAL RECORD — HOUSE January 11, 2016 133(b)(2)(F), D.C. Official Code) is amended by Wisconsin, and it gives judicial offi- This is in keeping with modern pe- striking ‘‘sanctions’’ and inserting ‘‘sanc- cials in the District of Columbia the nology. It would allow the Public De- tions and incentives’’. authority they need to make personnel fender Service to accept and use public (b) PERMANENT AUTHORITY TO ACCEPT GIFTS.—Section 11233(b)(3)(A) of the National and managerial decisions. grants, voluntary and uncompensated Capital Revitalization and Self-Government In 1997, Congress reorganized the Dis- services, such as unpaid law clerks and Improvement Act of 1997 (sec. 24–133(b)(3)(A), trict of Columbia judicial agencies, interns of the kind, for example, that D.C. Official Code) is amended to read as fol- making them Federal agencies with we use here every day, and private con- lows: Federal employees. This bill improves tributions made to advance the Public ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—The Di- the efficiency and functions of the D.C. Defender Service’s work. It would rector may accept, solicit, and use on behalf judicial branch by extending them au- allow the courts to collect debts owed of the Agency any monetary or nonmonetary thorities that are available to other gift, donation, bequest, or use of facilities, to it by its employees. property, or services for the purpose of aid- Federal agencies. These changes are small and they are ing or facilitating the work of the Agency.’’. S. 1629 allows the D.C. courts system noncontroversial, but they mean a (c) PERMANENT AUTHORITY TO ACCEPT AND to collect debts and erroneous pay- great deal to the District of Columbia USE REIMBURSEMENTS FROM DISTRICT GOV- ments made to employees through in- because they will modernize and im- ERNMENT.—Section 11233(b)(4) of such Act stallment plans of reasonable amounts. prove the daily operations of the Dis- (sec. 24–133(b)(4)) is amended by striking Additionally, the courts will be able to trict’s criminal justice system. ‘‘During fiscal years 2006 through 2008, the provide uniforms to nonjudicial em- Director’’ and inserting ‘‘The Director’’. If I may say so while the chairman is ployees. This helps address safety con- SEC. 4. AUTHORITIES OF PUBLIC DEFENDER on the floor, these small changes, SERVICE. cerns by giving these employees great- somehow I hope our committee will (a) ACCEPTANCE AND USE OF SERVICES OF er visibility in the courthouse and in find a way to allow the courts, them- VOLUNTEERS.—Section 307(b) of the District the community. selves, to do so that we do not have to of Columbia Court Reform and Criminal Pro- Further, these reforms will allow the bring such small changes before this cedure Act of 1970 (sec. 2–1607(b), D.C. Official D.C. judicial offices to operate certain body, which has such important work. Code) is amended by striking ‘‘the Service incentive programs, make use of the may accept public grants and private con- Mr. Speaker, I yield back the balance tributions made to assist it’’ and inserting donations and contributions, and uti- of my time. ‘‘the Service may accept and use public lize unpaid volunteers. It brings sen- Mr. CHAFFETZ. Mr. Speaker, this is grants, private contributions, and voluntary sible authorities to the District’s judi- a good bipartisan piece of legislation. and uncompensated (gratuitous) services to cial agencies that will allow these offi- It is common sense. We should pass it. assist it’’. cers to increase efficiencies and con- Mr. Speaker, I yield back the balance (b) TREATMENT OF MEMBERS OF BOARD OF duct their work more effectively. of my time. TRUSTEES AS EMPLOYEES OF SERVICE FOR We had an opportunity to mark up PURPOSES OF LIABILITY.— The SPEAKER pro tempore. The this bill, and I appreciate the input of (1) IN GENERAL.—Section 303(d) of the Dis- question is on the motion offered by trict of Columbia Court Reform and Crimi- Ms. NORTON certainly, being from the the gentleman from Utah (Mr. nal Procedure Act of 1970 (sec. 2–1603(d), D.C. District of Columbia. And we would CHAFFETZ) that the House suspend the Official Code) is amended by striking ‘‘em- urge its final passage here on the floor rules and pass the bill, S. 1629. ployees of the District of Columbia’’ and in- now. The question was taken; and (two- serting ‘‘employees of the Service’’. I reserve the balance of my time. thirds being in the affirmative) the (2) EFFECTIVE DATE.—The amendment Ms. NORTON. Mr. Speaker, I yield rules were suspended and the bill was made by paragraph (1) shall take effect as if myself such time as I may consume. included in the enactment of the District of passed. First, I need to thank Senate Home- A motion to reconsider was laid on Columbia Courts and Justice Technical Cor- land Security and Governmental Af- rections Act of 1998 (Public Law 105–274; 112 the table. fairs Committee Chairman RON JOHN- Stat. 2419). f The SPEAKER pro tempore. Pursu- SON and Ranking Member TOM CARPER GRANTS OVERSIGHT AND NEW ant to the rule, the gentleman from for sponsoring the District of Columbia Courts, Public Defender Service, and EFFICIENCY ACT Utah (Mr. CHAFFETZ) and the gentlewoman from the District of Columbia Court Services and Offender Super- Mr. CHAFFETZ. Mr. Speaker, I move vision Agency Act, and for all their (Ms. NORTON) each will control 20 min- to suspend the rules and pass the bill utes. hard work in getting it passed in the (S. 1115) to close out expired grants. The Chair recognizes the gentleman Senate. The Clerk read the title of the bill. from Utah. Thanks also are due to my good The text of the bill is as follows: friend, the chairman of the Oversight GENERAL LEAVE S. 1115 Committee, JASON CHAFFETZ, and its Mr. CHAFFETZ. Mr. Speaker, I ask Be it enacted by the Senate and House of Rep- Ranking Member, ELIJAH CUMMINGS, unanimous consent that all Members resentatives of the United States of America in for bringing this bill to the floor and may have 5 legislative days in which to Congress assembled, working so closely with us in the Dis- revise and extend their remarks and in- SECTION 1. SHORT TITLE. trict of Columbia. clude extraneous material on the bill This Act may be cited as the ‘‘Grants Over- This bill may seem small, but its under consideration. sight and New Efficiency Act’’ or the ‘‘GONE The SPEAKER pro tempore. Is there technical changes will improve the op- Act’’. objection to the request of the generations and effectiveness of three Dis- SEC. 2. IDENTIFYING AND CLOSING OUT EXPIRED tleman from Utah? trict of Columbia criminal justice FEDERAL GRANT AWARDS. There was no objection. agencies that are under the jurisdic- (a) EXPIRED FEDERAL GRANT AWARD RE- Mr. CHAFFETZ. Mr. Speaker, I yield tion of the Federal Government, and PORT.— (1) IN GENERAL.—Not later than 180 days myself such time as I may consume. they are under that jurisdiction because of the Revitalization Act, which after the date of the enactment of this Act, Mr. Speaker, this is a bipartisan bill the Director of the Office of Management from the Senate that we are consid- took over the funding of certain Dis- and Budget shall instruct the head of each ering. Senator JOHNSON of Wisconsin trict of Columbia agencies because agency, in coordination with the Secretary, has put forward this bill. It has cleared they are State agencies, to improve the to submit to Congress and the Secretary a the Senate, we are happy to bring this financial condition of the District of report, not later than December 31 of the up, but I would urge its adoption. Columbia, which was the only city that first calendar year beginning after the date It is S. 1629, with a very long title to carried State functions. of the enactment of this Act, that— it: The District of Columbia Courts, This bill gives these agencies some (A) lists each Federal grant award held by Public Defender Service, and Court modest new authorities that are al- such agency; ready available to comparable Federal (B) provides the total number of Federal Services and Offender Supervision grant awards, including the number of Agency Act of 2015. It just rolls off the agencies. The bill would authorize grants— tongue. CSOSA to use incentives-based pro- (i) by time period of expiration; This bipartisan bill was introduced, grams for offenders, instead of only (ii) with zero dollar balances; and as I said, by Senator RON JOHNSON of sanctions to get compliance. (iii) with undisbursed balances;

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(Ms. NORTON) each will control 20 min- explain why those grants have not been (2) USE OF DATA SYSTEMS.—An agency may utes. closed. use existing multiagency data systems in The Chair recognizes the gentleman The bill would also require agencies order to submit the report required under from Utah. to report a year after the initial report paragraph (1). GENERAL LEAVE on progress made on grant closure. (3) EXPLANATION OF MISSING INFORMATION.— Mr. CHAFFETZ. Mr. Speaker, I ask Hopefully, this increased account- If the head of an agency is unable to submit unanimous consent that all Members ability will bring improvement to all of the information required to be in- may have 5 legislative days in which to grant management. cluded in the report under paragraph (1), the I commend Representatives WALBERG report shall include an explanation of why revise and extend their remarks and include extraneous materials on the bill and LAWRENCE for their work on this the information was not available, including bipartisan, commonsense legislation. any shortcomings with and plans to improve under consideration. I reserve the balance of my time. existing grant systems, including data sys- The SPEAKER pro tempore. Is there tems. objection to the request of the gen- b 1700 (b) NOTICE FROM AGENCIES.— tleman from Utah? Mr. CHAFFETZ. Mr. Speaker, I yield (1) IN GENERAL.—Not later than 1 year after There was no objection. 3 minutes to the gentleman from the date on which the head of an agency sub- Mr. CHAFFETZ. Mr. Speaker, I yield mits the report required under subsection Michigan (Mr. WALBERG), who is the myself such time as I may consume. lead person sponsoring this piece of (a), the head of such agency shall provide no- Mr. Speaker, I really want to, first, tice to the Secretary specifying whether the legislation here in the House com- head of the agency has closed out grant thank Senator FISCHER for the great panion. awards associated with all of the Federal work done in a bipartisan way in order Mr. WALBERG. Mr. Speaker, I thank grant awards in the report and which Fed- to move this bill forward. That com- the chairman. eral grant awards in the report have not been bination, working with a Member who Mr. Speaker, I rise today in support closed out. serves on our committee, Mr. of S. 1115, the Grants Oversight and (2) NOTICE TO CONGRESS.—Not later than 90 WALBERG, and the relentless work on New Efficiency Act, or as we call it, days after the date on which all of the no- this piece of legislation, it is often re- the GONE Act. As the lead House spon- tices required pursuant to paragraph (1) have ferred to as the GONE Act, Grants been provided or March 31 of the calendar sor of this bill, I am proud of the bipar- year following the calendar year described in Oversight and New Efficiency Act. It is tisan, bicameral effort that has gone subsection (a)(1), whichever is sooner, the a good piece of bipartisan, bicameral into this legislation. Secretary shall compile the notices sub- legislative effort. I especially want to thank the Senate mitted pursuant to paragraph (1) and submit I believe the bill will be effective in champion of this bill, my colleague in to Congress a report on such notices. bringing about greater reforms for the the Senate, Senator DEB FISCHER, and (c) INSPECTOR GENERAL REVIEW.—Not later grants closeout process, allowing agen- also my Michigan colleague, Congress- than 1 year after the date on which the head cies to save dollars and make better woman BRENDA LAWRENCE, along with of an agency provides notice to Congress use of constrained resources. We can- the staff who have worked so hard to under subsection (b)(2), the Inspector Gen- eral of an agency with more than $500,000,000 not afford to allow grants to remain bring this bill to the floor today. in annual grant funding shall conduct a risk open year after year of their expiration Last year, we marked up this legisla- assessment to determine if an audit or re- date. The GONE Act is an important tion in the Oversight and Government view of the agency’s grant closeout process step in addressing this issue. Reform Committee and passed it on to is warranted. Again, I want to thank the gen- the House floor. After some additional (d) REPORT ON ACCOUNTABILITY AND OVER- tleman from Michigan for championing fine-tuning made by our colleagues in SIGHT.—Not later than 6 months after the this bill and working through this the Senate, I am pleased to have the date on which the second report is submitted through his work on H.R. 3089, as well opportunity to see the GONE Act take pursuant to subsection (b)(2), the Director of as working with the Senate in order to the final step toward becoming law. Office of Management and Budget, in con- Even as we debate this bill today, the sultation with the Secretary, shall submit to bring it to this point this day. Congress a report on recommendations, if Mr. Speaker, I reserve the balance of Federal Government is racking up any, for legislation to improve account- my time. service fees to administer thousands of ability and oversight in grants management, Ms. NORTON. Mr. Speaker, I yield expired empty grant accounts—costing including the timely closeout of a Federal myself such time as I may consume. taxpayers millions of dollars per year. grant award. Mr. Speaker, the bill before us, the I introduced the GONE Act to bring (e) DEFINITIONS.—In this section: Grants Oversight and New Efficiency some common sense to the grant man- (1) AGENCY.—The term ‘‘agency’’ has the Act, or GONE Act—and I like that agement process and require Federal meaning given that term in section 551 of name, it is a very catchy name, and agencies to finally take action to iden- title 5, United States Code. you will see why in a moment—it seeks tify these accounts with a zero balance (2) CLOSEOUT.—The term ‘‘closeout’’ means a closeout of a Federal grant award con- to improve the grant management which should be closed out. ducted in accordance with part 200 of title 2, process by requiring Federal agencies Specifically, the GONE Act will di- Code of Federal Regulations, including sec- to report on expired grants. The Gov- rect agencies to work with the Depart- tions 200.16 and 200.343 of such title, or any ernment Accountability Office has ment of Health and Human Services to successor thereto. found that expired grants are not al- identify the total number of grant (3) FEDERAL GRANT AWARD.—The term ways closed out properly. In fact, GAO awards that remain open but have been ‘‘Federal grant award’’ means a Federal found that nearly $1 billion in expired for 2 years or more. HHS was grant award (as defined in section 200.38(a)(1) undisbursed balances remained in ex- chosen for this role because of the of title 2, Code of Federal Regulations, or any successor thereto), including a coopera- pired and dormant grant accounts; work it has done in closing out expired tive agreement, in an agency cash payment therefore, the GONE Act’s name. accounts—good work—and for its role management system held by the United But, Mr. Speaker, I would call this as the agency which houses the Pay- States Government for which— found money, not gone money. It is ment Management System. (A) the grant award period of performance, still there. Improving the grant close- In addition to the total number of ex- including any extensions, has been expired out process will help protect taxpayer pired grants, the bill requires each for more than 2 years; and dollars and ensure that those dollars agency to explain to Congress why the (B) closeout has not yet occurred in ac- can be redirected to better uses. 30 oldest grants that remain open have cordance with section 200.343 of title 2, Code This act may also incline agencies not been closed. The bill also directs of Federal Regulations, or any successor thereto. and localities to use funds they have inspectors general for certain larger (4) SECRETARY.—The term ‘‘Secretary’’ asked for. This legislation would re- grant-making agencies to conduct a means the Secretary of Health and Human quire agencies to report to the Sec- risk assessment to determine if a fur- Services. retary of Health and Human Services ther review of that agency’s grant

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All of agencies directed toward a common purpose full-time equivalents associated with mul- this information will give agencies and or goal.’’; tiple programs; and Congress valuable insight into issues (3) in paragraph (2), as so redesignated— ‘‘(II) other individuals whose salary is paid that agencies face when it comes to a (A) by striking ‘‘IN GENERAL.—Not later in part or full by the Federal Government than October 1, 2012, the Office of Manage- through a grant, contract, cooperative agree- timely closeout of grants. ment and Budget shall’’ and inserting ment, or another form of financial award or It is my hope that this information ‘‘WEBSITE AND PROGRAM INVENTORY.—The Di- assistance who administer or assist in any will inform future efforts to streamline rector of the Office of Management and way in administering the program, including the grant’s lifecycle, specifically the Budget shall’’; the number of full-time equivalents, to the closeout process. In fact, S. 1115 re- (B) by striking subparagraph (C) and in- extent practicable; quires OMB and HHS to submit a re- serting the following: ‘‘(G) links to any evaluation, assessment, port to Congress on potential legisla- ‘‘(C) include on the website— or program performance reviews by the agen- tive reforms that are necessary to im- ‘‘(i) a program inventory that shall iden- cy, an Inspector General, or the Government Accountability Office (including program prove the grants lifecycle. I look for- tify each program of the Federal Govern- ment for which there is more than $1,000,000 performance reports required under section ward to hearing from OMB and HHS on in annual budget authority, which shall in- 1116) released during the preceding 5 years; this topic, and I thank those agencies clude— and for the feedback they have offered on ‘‘(I) any activity that is commonly referred ‘‘(H) to the extent practicable, financial this bill. to as a program by a Federal agency in com- and other information for each program ac- For months, Members of the House munications with Congress, including any tivity required to be reported under the Fed- and Senate on both sides of the aisle activity identified as a program in a budget eral Funding Accountability and Trans- have worked to develop this bill into request; parency Act of 2006 (31 U.S.C. 6101 note).’’; ‘‘(II) any activity that is commonly re- and one that will serve to advance the effi- (5) by adding at the end the following: ciency of the grants process. OMB, ferred to as a program by a Federal agency in communications with the public, includ- ‘‘(4) INFORMATION FOR SMALLER PRO- HHS, and the inspector general coming each program for which financial awards GRAMS.—Information for each program iden- munity have all provided helpful com- are made on a competitive basis; and tified in the program inventory required ments as we worked to finalize this leg- ‘‘(III) any activity referenced in law as a under paragraph (2) for which there is more islation, and I am grateful for their as- program after June 30, 2019; and than $1,000,000 and not more than $10,000,000 sistance. ‘‘(ii) for each program identified in the pro- in annual budget authority shall, at a min- Mr. Speaker, spending taxpayer dol- gram inventory, the information required imum, include— under paragraph (3) or paragraph (4), as ap- ‘‘(A) an identification of the program ac- lars on expired and empty grant activities that are aggregated, disaggregated, counts is the definition of government plicable.’’; (4) in paragraph (3), as so redesignated— or consolidated as part of identifying pro- waste. I urge my colleagues to support (A) in the matter preceding subparagraph grams; this bill today and send the GONE Act (A), by striking ‘‘INFORMATION.—Information ‘‘(B) for each program activity described in to the President’s desk. for each program described under paragraph subparagraph (A), the amount of funding for Ms. NORTON. Mr. Speaker, I yield (1)’’ and inserting ‘‘INFORMATION FOR LARGER the current fiscal year and previous 2 fiscal back the balance of my time. PROGRAMS.—Information for each program years; Mr. CHAFFETZ. Mr. Speaker, it is a identified in the program inventory required ‘‘(C) an identification of the statutes that authorize the program and any major regula- good bipartisan bill. I urge its passage. under paragraph (2) for which there is more than $10,000,000 in annual budget authority’’; tions specific to the program; I yield back the balance of my time. ‘‘(D) for any program that provides grants The SPEAKER pro tempore. The (B) by striking subparagraph (C); (C) by redesignating subparagraph (B) as or other financial assistance to individuals question is on the motion offered by subparagraph (D); or entities, a description of the individuals the gentleman from Utah (Mr. (D) by striking subparagraph (A) and in- served by the program and beneficiaries who CHAFFETZ) that the House suspend the serting the following: received financial assistance under the pro- rules and pass the bill, S. 1115. ‘‘(A) an identification of the program ac- gram for the most recent fiscal year; and The question was taken; and (two- tivities that are aggregated, disaggregated, ‘‘(E) links to any evaluation, assessment, thirds being in the affirmative) the or consolidated as part of identifying pro- or program performance reviews by the agen- grams; cy, an Inspector General, or the Government rules were suspended and the bill was Accountability Office (including program passed. ‘‘(B) for each program activity described in subparagraph (A), the amount of funding for performance reports required under section A motion to reconsider was laid on the current fiscal year and previous 2 fiscal 1116) released during the preceding 5 years. the table. years; ‘‘(5) ARCHIVING.—After the end of each fis- f ‘‘(C) an estimate of the amount of funding cal year, the Director of the Office of Man- for the program;’’; agement and Budget shall archive and pre- TAXPAYERS RIGHT-TO-KNOW ACT (E) in subparagraph (D), as so redesignated, serve the information included in the pro- Mr. CHAFFETZ. Mr. Speaker, I move by striking ‘‘and’’ at the end; and gram inventory required under paragraph (2) to suspend the rules and pass the bill (F) by adding at the end the following: relating to that fiscal year.’’. ‘‘(E) an identification of the statutes that (b) EXPIRED GRANT FUNDING.—Not later (H.R. 598) to provide taxpayers with an than February 1 of each fiscal year, the Di- annual report disclosing the cost and authorize the program and any major regulations specific to the program; rector of the Office of Management and performance of Government programs ‘‘(F) for any program that provides grants Budget shall publish on a public website the and areas of duplication among them, or other financial assistance to individuals total amount of undisbursed grant funding and for other purposes, as amended. or entities, for the most recent fiscal year— remaining in grant accounts for which the The Clerk read the title of the bill. ‘‘(i) a description of the individuals served period of availability to the grantee has ex- The text of the bill is as follows: by the program and beneficiaries who re- pired. H.R. 598 ceived financial assistance under the pro- SEC. 3. GUIDANCE AND IMPLEMENTATION. gram, including an estimate of the number (a) GUIDANCE.—Not later than June 30, 2018, Be it enacted by the Senate and House of Rep- of individuals and beneficiaries, to the ex- the Director of the Office of Management resentatives of the United States of America in tent practicable; and Budget— Congress assembled, ‘‘(ii) for each program for which the head (1) shall prescribe guidance to implement SECTION 1. SHORT TITLE. of an agency determines it is not practicable this Act, and the amendments made by this This Act may be cited as the ‘‘Taxpayers to provide an estimate of the number of indi- Act; Right-To-Know Act’’. viduals and beneficiaries served by the pro- (2) shall issue guidance to agencies to iden- SEC. 2. INVENTORY OF GOVERNMENT PRO- gram— tify how the program activities used for re- GRAMS. ‘‘(I) an explanation of why data regarding porting under the Federal Funding Account- (a) IN GENERAL.—Section 1122(a) of title 31, the number of such individuals and bene- ability and Transparency Act of 2006 (31 United States Code, is amended— ficiaries cannot be provided; and U.S.C. 6101 note) are associated with pro- (1) by redesignating paragraphs (1) and (2) ‘‘(II) a discussion of the measures that grams identified in the program inventory as paragraphs (2) and (3), respectively; could be taken to gather the data required to required under section 1122(a)(2)(C)(i) of title (2) by inserting before paragraph (2), as so provide such an estimate; and 31, United States Code, as amended by sub- redesignated, the following: ‘‘(iii) a description of— section (a); ‘‘(1) DEFINITION OF PROGRAM.—For purposes ‘‘(I) the Federal employees who administer (3) may issue guidance to agencies to en- of this subsection, the term ‘program’ means the program, including the number of full- sure that the programs identified in the pro- an organized set of activities by 1 or more time equivalents with a pro rata estimate for gram inventory required under section

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.025 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H247 1122(a)(2)(C)(i) of title 31, United States Code, 5 years, GAO has identified 106 areas of each covered program, as well as other as amended by subsection (a), are presented duplication, overlap, and fragmenta- individuals whose salary is paid by the at a similar level of detail across agencies tion; moreover, they identified an addi- government through a contract, grant, and are not duplicative or overlapping; and tional 72 areas for potential cost sav- or other agreement. (4) may, based on an analysis of the costs The Office of Management and Budg- of implementation, and after submitting to ings. While only 37 percent of rec- Congress a notification of the action by the ommended corrective actions have et raised serious concerns about its Director— been taken, GAO estimates that these ability to implement the requirements (A) exempt from the requirements under actions have saved the Federal Govern- of the bill as it was reported by the section 1122(a) of title 31, United States ment and the taxpayer about $20 bil- committee. I want to thank the chair- Code, an agency that— lion. man for making changes to help ad- (i) is not listed in section 901(b) of title 31, While GAO’s work has been invalu- dress those concerns in the amended United States Code; and able, their ability to look comprehen- version of the bill before us today. It is (ii) for the fiscal year during which the ex- important that we continue to work emption is made, has budget authority (as sively at the Federal Government is in- herently limited because of the poor together to ensure the bill will work as defined in section 3 of the Congressional intended. Budget Act of 1974 (2 U.S.C. 622)) of not more reporting by agencies about their ac- than $10,000,000; and tivity. Quite simply, without better Mr. Speaker, I yield back the balance (B) extend the implementation deadline data, billions more will be lost and of my time. under subsection (b) by not more than 1 wasted. Mr. CHAFFETZ. Mr. Speaker, this is year. Current law, specifically, the Govern- a good bipartisan, bicameral bill. Again, I thank the good work of our (b) IMPLEMENTATION.—This Act, and the ment Performance and Results Mod- amendments made by this Act, shall be im- colleague Mr. WALBERG in helping to ernization Act, requires agencies to re- plemented not later than June 30, 2019. champion this through, the good work port all their programs, their funding, SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. on both sides of the aisle in a bipar- and their performance information to No additional funds are authorized to carry tisan, bicameral way. I urge its pas- out the requirements of this Act and the the Office of Management and Budget. sage. amendments made by this Act. Such require- However, OMB’s current inventory is Mr. Speaker, I yield back the balance ments shall be carried out using amounts incomplete and provides inconsistent of my time. otherwise authorized. information. This makes it more dif- The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- ficult and time consuming to identify question is on the motion offered by ant to the rule, the gentleman from areas of waste and inefficiency. the gentleman from Utah (Mr. Utah (Mr. CHAFFETZ) and the gentle- H.R. 598 establishes an across-the- CHAFFETZ) that the House suspend the woman from the District of Columbia board definition of ‘‘program’’ and re- rules and pass the bill, H.R. 598, as (Ms. NORTON) each will control 20 min- quires the publication of detailed infor- amended. utes. mation on each Federal program. This The question was taken. The Chair recognizes the gentleman change will allow American taxpayers The SPEAKER pro tempore. In the from Utah. and Federal watchdogs to better evalu- opinion of the Chair, two-thirds being GENERAL LEAVE ate the effectiveness and utility of gov- in the affirmative, the ayes have it. Mr. CHAFFETZ. I ask unanimous ernment programs. Mr. CHAFFETZ. Mr. Speaker, on consent that all Members may have 5 The Taxpayers Right-To-Know Act is that I demand the yeas and nays. legislative days in which to revise and an important and necessary step for- The yeas and nays were ordered. extend their remarks and include ex- ward for the government in providing The SPEAKER pro tempore. Pursu- traneous materials on the bill under programs that are accountable, effec- ant to clause 8 of rule XX, further pro- consideration. tive, and efficient. ceedings on this motion will be post- The SPEAKER pro tempore. Is there Mr. Speaker, I want to thank Sen- poned. objection to the request of the gen- ator LANKFORD for his work on the f tleman from Utah? Senate companion bill. PRESIDENTIAL LIBRARY There was no objection. Mr. Speaker, I urge my colleagues to DONATION REFORM ACT OF 2016 Mr. CHAFFETZ. Mr. Speaker, I yield support this legislation. 5 minutes to the gentleman from Ms. NORTON. Mr. Speaker, I yield Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the bill Michigan (Mr. WALBERG), the prime au- myself such time as I may consume. thor of this bill. Mr. Speaker, the Taxpayers Right-to- (H.R. 1069) to amend title 44, United Mr. WALBERG. Mr. Speaker, I thank Know Act builds upon two existing States Code, to require information on the chairman. laws that came through our com- contributors to Presidential library Mr. Speaker, I rise today in support mittee: the Government Performance fundraising organizations, and for of H.R. 598, the Taxpayers Right-To- and Results Modernization Act of 2010 other purposes, as amended. The Clerk read the title of the bill. Know Act. This bill is a bipartisan and and the DATA Act, which was signed The text of the bill is as follows: bicameral effort to provide more infor- into law in 2014. H.R. 1069 mation about Federal programs and The Obama administration launched Be it enacted by the Senate and House of Rep- their activities online. the performance.gov Web site to imple- resentatives of the United States of America in I want to thank my colleague JIM ment the GPRA Modernization Act, Congress assembled, COOPER for all his work in pushing this and this bill would enhance the infor- SECTION 1. SHORT TITLE. legislation forward. mation available through that Web This Act may be cited as the ‘‘Presidential The American people deserve to site. Library Donation Reform Act of 2016’’. know what their government does with The bill would require the Office of SEC. 2. PRESIDENTIAL LIBRARIES. their hard-earned dollars, don’t you Management and Budget to make (a) IN GENERAL.—Section 2112 of title 44, think? H.R. 598 will make it easier to available on a central Web site an in- United States Code, is amended by adding at evaluate Federal Government spending ventory of all Federal agency programs the end the following new subsection: ‘‘(h) PRESIDENTIAL LIBRARY FUNDRAISING by requiring Federal agencies to iden- that have a budget authority of more ORGANIZATION REPORTING REQUIREMENT.— tify their programs and provide basic than $1 million. ‘‘(1) REPORTING REQUIREMENT.—Not later information like what their programs The bill also would require OMB to than 15 days after the end of a calendar quar- do, how they perform, and how much include on this Web site links to any ter and until the end of the requirement pe- they cost. Agencies must do a better evaluation, assessment, or program riod described in paragraph (2), each Presi- job of managing their programs and performance reviews by an agency, an dential library fundraising organization identifying areas where taxpayer dol- inspector general, or the Government shall submit to the Archivist information for Accountability Office released during that quarter in an electronic searchable and lars are wasted. sortable format with respect to every con- The Government Accountability Of- the preceding 5 years. tributor who gave the organization a con- fice is tasked with reporting on dupli- The Taxpayers Right-to-Know Act tribution or contributions (whether mone- cation and continues to find new areas would require agencies to disclose how tary or in-kind) totaling $200 or more for the of duplication across government. Over much agency staff are administering quarterly period.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.020 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H248 CONGRESSIONAL RECORD — HOUSE January 11, 2016 ‘‘(2) DURATION OF REPORTING REQUIRE- ‘‘(i) a Presidential archival depository; or page story in The Washington Times MENT.—The requirement to submit informa- ‘‘(ii) any facilities relating to a Presi- reporting that foreign governments tion under paragraph (1) shall continue until dential archival depository.’’. from the Middle East were making (b) APPLICABILITY.—Section 2112(h) of title the later of the following occurs: very large donations to the proposed li- ‘‘(A) The Archivist has accepted, taken 44, United States Code (as added by sub- title to, or entered into an agreement to use section (a))— brary for President Clinton. I was con- any land or facility for the Presidential ar- (1) shall apply to an organization estab- cerned about the influence of donations chival depository for the President for whom lished for the purpose of raising funds for being made by foreign governments. the Presidential library fundraising organi- creating, maintaining, expanding, or con- However, I hasten to say this is not di- zation was established. ducting activities at a Presidential archival rected toward former President Clinton ‘‘(B) The President whose archives are con- depository or any facilities relating to a or anyone else. This bill has been intro- tained in the deposit no longer holds the Of- Presidential archival depository before, on, duced and passed, and I have sponsored fice of President. or after the date of the enactment of this this bill under both Republican and ‘‘(3) INFORMATION REQUIRED TO BE PUB- Act; and LISHED.—The Archivist shall publish on the (2) shall only apply with respect to con- Democratic Presidents. website of the National Archives and tributions (whether monetary or in-kind) I did read at one point that after I in- Records Administration, within 30 days after made after the date of the enactment of this troduced this bill that President Clin- each quarterly filing, any information that Act. ton’s library had received a $450,000 is submitted under paragraph (1), without a SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. contribution from the ex-wife of Marc fee or other access charge in a downloadable No additional funds are authorized to carry Rich, who had fled the country to database. out the requirements of this Act and the evade $40 million in taxes. So these ‘‘(4) SUBMISSION OF FALSE MATERIAL INFOR- amendments made by this Act. Such require- types of things have certainly raised MATION PROHIBITED.— ments shall be carried out using amounts concern. ‘‘(A) INDIVIDUAL.— otherwise authorized. In 2013, the Sunlight Foundation’s ‘‘(i) PROHIBITION.—It shall be unlawful for The SPEAKER pro tempore. Pursu- any person who makes a contribution de- policy director endorsed my bill during scribed in paragraph (1) to knowingly and ant to the rule, the gentleman from a hearing on Federal Government willfully submit false material information Utah (Mr. CHAFFETZ) and the gentle- transparency in the House Oversight or omit material information with respect to woman from the District of Columbia and Government Reform Committee, the contribution to an organization de- (Ms. NORTON) each will control 20 min- saying: ‘‘It would provide valuable in- scribed in such paragraph. utes. formation on special interests whose ‘‘(ii) PENALTY.—The penalties described in The Chair recognizes the gentleman donations put them in close proximity section 1001 of title 18, United States Code, from Utah. shall apply with respect to a violation of with Presidents.’’ GENERAL LEAVE clause (i) in the same manner as a violation b 1715 described in such section. Mr. CHAFFETZ. I ask unanimous ‘‘(B) ORGANIZATION.— consent that all Members may have 5 Presidential libraries were once mod- ‘‘(i) PROHIBITION.—It shall be unlawful for legislative days in which to revise and est structures, but they have grown any Presidential library fundraising organi- extend their remarks and include ex- rapidly over the years into zation to knowingly and willfully submit traneous material on the bill under megamuseums devoted to a President’s false material information or omit material consideration. life and legacy. President George W. information under paragraph (1). The SPEAKER pro tempore. Is there Bush’s library topped $500 million in ‘‘(ii) PENALTY.—The penalties described in objection to the request of the gen- costs. That is seven times the cost of section 1001 of title 18, United States Code, shall apply with respect to a violation of tleman from Utah? his father’s library. A recent report in clause (i) in the same manner as a violation There was no objection. The New York Times noted that Presi- described in such section. Mr. CHAFFETZ. Mr. Speaker, I yield dent Obama’s library could end up ‘‘(5) PROHIBITION ON CONTRIBUTION.— 5 minutes to the gentleman from Ten- costing $1 billion. ‘‘(A) IN GENERAL.—It shall be unlawful for nessee (Mr. DUNCAN), the gentleman As costs soar, clearly there is poten- a person to knowingly and willfully— who has championed this issue as the tial for abuse, no matter who is Presi- ‘‘(i) make a contribution described in para- prime sponsor. dent. This is, as I said, not a partisan graph (1) in the name of another person; Mr. DUNCAN of Tennessee. Mr. issue. It is not directed at any Presi- ‘‘(ii) permit his or her name to be used to Speaker, I thank Chairman CHAFFETZ effect a contribution described in paragraph dent. It is simply a good government (1); or for his support and for yielding me this bill that I think almost everyone can ‘‘(iii) accept a contribution described in time. support, and certainly they have in the paragraph (1) that is made by one person in This is a bill that has passed in three past. the name of another person. separate Congresses with over- I urge support for this legislation. ‘‘(B) PENALTY.—The penalties set forth in whelming bipartisan support and very, Ms. NORTON. Mr. Speaker, I yield section 309(d) of the Federal Election Cam- very little opposition. In fact, in this myself such time as I may consume. paign Act of 1971 (2 U.S.C. 437g(d)) shall Congress, it is cosponsored by Ranking I support this bill, Mr. Speaker. apply to a violation of subparagraph (A) in Member ELIJAH CUMMINGS. In past Con- I want to thank Representative DUN- the same manner as if such violation were a CAN and Ranking Member CUMMINGS violation of section 316(b)(3) of such Act (2 gresses, it has been cosponsored by U.S.C. 441b(b)(3)). Ranking Member Edolphus Towns; and for sponsoring this legislation. Rep- ‘‘(6) REGULATIONS REQUIRED.—The Archi- in one Congress, Chairman Waxman be- resentative DUNCAN first sponsored a vist shall promulgate regulations for the came the primary sponsor. So it is a bill to improve Presidential libraries 16 purpose of carrying out this subsection. very bipartisan bill. years ago. What has happened that we ‘‘(7) DEFINITIONS.—In this subsection: It is a very simple bill, one that I can’t get this bill through the Con- ‘‘(A) INFORMATION.—The term ‘informa- think can be supported by anyone who gress? I hope this bill this year will tion’ means the following: is opposed to secrecy in government prove different. This Congress, I hope ‘‘(i) The amount or value of each contribu- and believes in an open, transparent we can finally get this important re- tion made by a contributor referred to in paragraph (1) in the quarter covered by the system. The Presidential Library Do- form on the President’s desk where I submission. nation Reform Act simply requires am sure it will be signed. ‘‘(ii) The source of each such contribution, that donations to a President’s library The Presidential Library Donation and the address of the entity or individual greater than $200 be disclosed to the Reform Act would provide trans- that is the source of the contribution. public and posted online. parency to the process for building ‘‘(iii) If the source of such a contribution is It is very surprising to people that Presidential libraries. The practice of an individual, the occupation of the indi- there are no laws governing these do- creating a Presidential library began vidual. nations at this time. In fact, any per- decades ago with President Franklin ‘‘(iv) The date of each such contribution. son, corporation, or foreign govern- Delano Roosevelt. The tradition has ‘‘(B) PRESIDENTIAL LIBRARY FUNDRAISING ment can donate any amount, unre- carried on through every President ORGANIZATION.—The term ‘Presidential library fundraising organization’ means an or- ported, while a President is still in of- since that time, and it is going to con- ganization that is established for the purpose fice. tinue. of raising funds for creating, maintaining, I first introduced this bill in the Presidential libraries have become expanding, or conducting activities at— 106th Congress after reading a front- increasingly more expensive as they

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.021 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H249 have evolved into multipurpose centers I yield back the balance of my time. (3) by adding at the end the following new that do more than simply house Presi- The SPEAKER pro tempore. The subsection: dential records. For example, the Wil- question is on the motion offered by ‘‘(m) ELECTRONIC SUBMISSION OF RE- QUESTS.— liam J. Clinton Library cost an esti- the gentleman from Utah (Mr. ‘‘(1) CONSOLIDATED ONLINE REQUEST POR- mated $165 million, while the George CHAFFETZ) that the House suspend the TAL.—The Director of the Office of Manage- W. Bush Presidential Center cost an es- rules and pass the bill, H.R. 1069, as ment and Budget, in consultation with the timated $250 million to build, with amended. Attorney General, shall ensure the operation President Bush having raised approxi- The question was taken; and (two- of a consolidated online request portal that mately half a billion dollars for his li- thirds being in the affirmative) the allows a member of the public to submit a brary, museum, and institute. We can rules were suspended and the bill, as request for records under subsection (a) to expect that with each new President, any agency from a single website. The portal amended, was passed. may include any additional tools the Direc- these libraries are going to cost more. A motion to reconsider was laid on tor of the Office of Management and Budget That is just natural. the table. finds will improve the implementation of Under current law, there is no re- f this section. quirement to disclose the identities of ‘‘(2) RULE OF CONSTRUCTION.—This sub- those who donate to a Presidential li- FOIA OVERSIGHT AND section shall not be construed to alter the brary, and a President is able to secure IMPLEMENTATION ACT OF 2015 power of any other agency to create or main- an unlimited amount of private dona- tain an independent online portal for the Mr. CHAFFETZ. Mr. Speaker, I move submission of a request for records under tions while still in office. to suspend the rules and pass the bill The bill before us would make a sim- this section. The Director of the Office of (H.R. 653) to amend section 552 of title Management and Budget shall establish ple but very important change in exist- 5, United States Code (commonly standards for interoperability between the ing law. Under this bill, organizations known as the Freedom of Information portal required under paragraph (1) and that raise money to build Presidential Act), to provide for greater public ac- other request processing software used by libraries would be required to disclose cess to information, and for other pur- agencies subject to this section. the identity of any individual who do- ‘‘(3) EMAIL REQUEST REQUIRED.—At a min- poses, as amended. imum, each agency shall accept requests for nates more than $200. It seems reason- The Clerk read the title of the bill. able to me, Mr. Speaker. The National records under subsection (a) through an The text of the bill is as follows: Archives and Records Administration email address and shall publish such email H.R. 653 address on the website of the agency.’’. would then be required to post the do- (b) PRESUMPTION OF OPENNESS.— Be it enacted by the Senate and House of Rep- nation information in a manner that is (1) AMENDMENTS.—Section 552(b) of title 5, resentatives of the United States of America in free to access and downloadable. United States Code, is amended— Congress assembled, Additionally, this legislation would (A) in paragraph (5), by inserting after create criminal penalties for individ- SECTION 1. SHORT TITLE. ‘‘with the agency’’ the following: ‘‘, exclud- uals who report false information on This Act may be cited as the ‘‘FOIA Over- ing— sight and Implementation Act of 2015’’ or the donations and for fundraising organiza- ‘‘(A) opinions that are controlling interpre- ‘‘FOIA Act’’. tations of law; tions that omit donation information. SEC. 2. FREEDOM OF INFORMATION ACT AMEND- ‘‘(B) final reports or memoranda created by A group of 15 good government orga- MENTS. an entity other than the agency, including nizations, including Citizens for Re- (a) ELECTRONIC ACCESSIBILITY.—Section 552 other Governmental entities, at the request sponsibility and Ethics in Washington of title 5, United States Code, is amended— of the agency and used to make a final policy and the Sunlight Foundation, sent a (1) in subsection (a)— decision; letter urging the House to support this (A) in paragraph (2)— ‘‘(C) guidance documents used by the agen- bill. Here is what they wrote: (i) by striking ‘‘for public inspection and cy to respond to the public; and ‘‘Under the current opaque system, copying’’ each place it appears and inserting ‘‘(D) records or information created 25 Presidents raise funds privately to es- ‘‘in an electronic, publicly accessible for- years or more before the date on which a re- mat’’; quest is made under subsection (a)(3);’’; tablish their Presidential libraries. (ii) by striking ‘‘; and’’ and inserting a (B) in paragraph (6), by striking ‘‘similar These efforts, which often begin long semicolon; files’’ and inserting ‘‘personal information before they leave office, are unregu- (iii) by striking subparagraph (E) and in- such as contact information or financial in- lated and undisclosed, creating oppor- serting the following new subparagraphs: formation’’; and tunities for, or the appearance of, in- ‘‘(E) copies of all releasable records, re- (C) in the matter following paragraph (9)— fluence-peddling. Improved trans- gardless of form or format, that have been (i) by inserting before ‘‘Any reasonably parency would help reduce the appear- requested three or more times under para- segregable portion’’ the following: ‘‘An agen- ance of impropriety and help deter in- graph (3); and cy may not withhold information under this ‘‘(F) a general index of the records referred subsection unless such agency reasonably appropriate behavior.’’ to under subparagraphs (D) and (E);’’; and foresees that disclosure would cause specific The appearance is just as important (iv) in the matter following subparagraph identifiable harm to an interest protected by as the behavior itself, I emphasize, Mr. (F) (as added by clause (iii) of this subpara- an exemption, or if disclosure is prohibited Speaker. graph)— by law.’’; and This bill was approved without oppo- (I) by striking ‘‘subparagraph (D)’’ and in- (ii) by inserting before ‘‘If technically fea- sition by the Committee on Oversight serting ‘‘subparagraphs (D) and (E)’’; sible,’’ the following: ‘‘For each record with- and Government Reform in March and (II) by striking ‘‘subparagraph (E)’’ and in- held in whole or in part under paragraph (3), has passed the House several times be- serting ‘‘subparagraph (F)’’; and the agency shall identify the statute that ex- fore. (B) in paragraph (7)— empts the record from disclosure.’’ As I noted, companion legislation (i) in subparagraph (A)— (2) RULES OF CONSTRUCTION.— (I) by striking ‘‘that will take longer than (A) INTELLIGENCE SOURCES AND METHODS.— sponsored by Senators CORKER and ten days to process’’; and Nothing in the amendments made by this JOHNSON was approved by the Home- (II) by striking ‘‘; and’’ and inserting a Act to section 552(b) of title 5, United States land Security and Governmental Af- semicolon; Code, shall be construed to require the dis- fairs Committee earlier this year. (ii) in subparagraph (B)— closure of information that— It looks like this bill may become (I) by inserting ‘‘automated’’ after ‘‘pro- (i) is exempt under paragraph (1) of such law after all, Mr. DUNCAN. vides’’; and section; or I urge every Member of this body to (II) by striking the period at the end of (ii) would adversely affect intelligence support transparency by voting for this clause (ii) and inserting ‘‘; and’’; and sources and methods that are protected by important legislation. (iii) by adding at the end the following new an exemption under such section. I yield back the balance of my time. subparagraph: (B) PERSONAL PRIVACY.—For purposes of Mr. CHAFFETZ. Mr. Speaker, I yield ‘‘(C) provide a name, phone number, and section 552(b)(6) of title 5, United States myself such time as I may consume. email address for an agency employee who Code, as amended by this Act, the term ‘‘per- I urge its passage. It is high time can provide current information about the sonal privacy’’ may not be construed to in- status of each request received.’’; clude the name of a Federal employee en- that this passed. It is bipartisan, it is (2) in subsection (g), by striking ‘‘make gaged in an official duty of such employee. bicameral, and it is done with some publicly available upon request’’ and insert- (3) EXEMPTION DECISION TRANSPARENCY.— good leadership from Mr. DUNCAN. I ing ‘‘make available in an electronic, pub- Section 552(a)(6)(C)(i) of title 5, United urge its adoption. licly accessible format’’; and States Code, is amended by striking the

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.030 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H250 CONGRESSIONAL RECORD — HOUSE January 11, 2016 fourth sentence and inserting at the end the ‘‘(ii) The Committees on Homeland Secu- ty shall have 15 days after the date on which following: ‘‘Any notification of denial or par- rity and Governmental Affairs and the Judi- the notice is sent to submit a substantial re- tial denial of any request for records under ciary of the Senate. sponse and that a response on at least 3,000 this subsection shall set forth each name and ‘‘(D) DIRECT SUBMISSION OF REPORTS AND pages not less than every five days there- title or position of each person responsible TESTIMONY.—Any report submitted under after is required to continue the consulta- for the denial or partial denial or any deci- subparagraph (A), any testimony, or any tion period. sion to withhold a responsive record under other communication to Congress shall be ‘‘(dd) If the consulted entity is unable or subsection (b).’’. submitted directly to the committees and anticipates that the entity will be unable to (c) REQUESTS FROM CONGRESS.—Section the President, without any requirement that complete the consultation within the time 552(d) of title 5, United States Code, is any officer or employee outside of the Office period described, a notification that the con- amended by adding at the end the following: of Government Information Services, includ- sulted entity may request mediation services ‘‘In responding to requests from Congress for ing the Archivist of the United States and at the Office of Government Information information, an agency may not assert that the Director of the Office of Management Services to set an alternative consultation information may be withheld from Congress and Budget, review such report, testimony, schedule. under this section.’’. or other communication. ‘‘(III) If the requesting agency has not re- (d) ASSESSMENT OF ATTORNEY FEES AND ‘‘(5) SUBMISSION OF ADDITIONAL INFORMA- ceived a completed request within the time OTHER LITIGATION COSTS.—Section TION.—The Director of the Office of Govern- period described in the consultation notice, 552(a)(4)(E)(i) of title 5, United States Code, ment Information Services may submit addi- the agency shall request that the consulted is amended by striking ‘‘The court may’’ and tional information to Congress and the entity engage in mediation services with the inserting ‘‘The court shall’’. President that the Director determines to be Office of Government Information Services. (e) OFFICE OF GOVERNMENT INFORMATION appropriate. If the consulted entity is an agency, the con- SERVICES.—Section 552 of title 5, United ‘‘(6) ANNUAL MEETING REQUIRED.—Not less sulted agency shall agree to participate in States Code, is amended— than once a year, the Office of Government (1) in subsection (a)(4)(A)(i), by striking mediation services. Information Services shall hold a meeting ‘‘(IV) If the consulted entity requests or ‘‘the Director of the Office of Management that is open to the public on the review and and Budget’’ and inserting ‘‘the Director of agrees to engage in mediation services, the reports by the Office and permit interested requesting agency shall notify the requester the Office of Management and Budget, in persons to appear and present oral or written consultation with the Director of the Office of the mediation and the opportunity to par- statements at such meeting.’’. ticipate in the mediation, if participation is of Government Information Services,’’; and (f) PUBLIC RESOURCES.—Section 552(a)(6) of not otherwise prohibited by law. The parties (2) by amending subsection (h) to read as title 5, United States Code, is amended— in the mediation shall determine a reason- follows: (1) in subparagraph (A)— able schedule of completion and a date by ‘‘(h) OFFICE OF GOVERNMENT INFORMATION (A) in clause (i), by striking ‘‘of such deter- which the requesting agency shall complete SERVICES.— mination and the reasons therefor, and of the response to the request. ‘‘(1) ESTABLISHMENT.—There is established the right of such person to appeal to the ‘‘(V) If the consulted entity does not re- the Office of Government Information Serv- head of the agency any adverse determina- spond or rejects the offer to mediate an al- ices within the National Archives and tion; and’’ and inserting the following: ‘‘of— ternative schedule, the requesting agency Records Administration. The head of the Of- ‘‘(I) such determination and the reasons fice is the Director of the Office of Govern- therefor; shall complete the response to the requester. ment Information Services. ‘‘(II) the right of such person to seek as- ‘‘(VI) The previous provisions of this clause ‘‘(2) REVIEW OF FOIA POLICY, PROCEDURE, sistance from the agency FOIA Public Liai- shall not apply when the consulted entity is AND COMPLIANCE.—The Office of Government son; and an element of the intelligence community Information Services shall— ‘‘(III) the right of such person to appeal to (as defined in section 3(4) of the National Se- ‘‘(A) review policies and procedures of the head of the agency any adverse deter- curity Act of 1947 (50 U.S.C. 3003(4))).’’; and agencies under this section; mination, within a period determined by the (3) in subparagraph (F), by striking ‘‘any ‘‘(B) review compliance with this section agency that is not less than 90 days after the such estimate to the person making the re- by agencies; receipt of such adverse determination; and’’; quest, unless providing such estimate would ‘‘(C) identify methods that improve com- and harm an interest protected by the exemption pliance under this section that may in- (B) in clause (ii), by striking the period at in subsection (b) pursuant to which the de- clude— the end and inserting the following: ‘‘and the nial is made.’’ and inserting the following: ‘‘(i) the timely processing of requests sub- right of such person to seek dispute resolu- ‘‘to the person making the request the fol- mitted to agencies under this section; tion services from the agency FOIA Public lowing: ‘‘(ii) the system for assessing fees and fee Liaison or the Office of Government Infor- ‘‘(i) Any such estimate, unless providing waivers under this section; and mation Services.’’; such estimate would harm an interest pro- ‘‘(iii) the use of any exemption under sub- (2) in subparagraph (B)— tected by the exemption in subsection (b) section (b); and (A) by redesignating clause (iv) as clause pursuant to which the denial is made. ‘‘(ii) A list of all records requested the pro- ‘‘(D) review and provide guidance to agen- (v); and vision of which was denied, unless the disclo- cies on the use of fees and fee waivers. (B) by inserting after clause (iii) the fol- sure of such record is prohibited by law.’’. ‘‘(3) MEDIATION SERVICES.—The Office of lowing new clause (iv): (g) ADDITIONAL DISCLOSURE OF INFORMATION Government Information Services shall offer ‘‘(iv) When an agency consults with an en- REQUIREMENTS.—Section 552(a) of title 5, mediation services to resolve disputes be- tity with substantial interests in the deter- United States Code, is amended by adding at tween persons making requests under this mination of a request (in this clause referred the end the following new paragraphs: section and agencies as a non-exclusive al- to as the ‘consulted entity’): ‘‘(8) DISCLOSURE OF INFORMATION FOR IN- ternative to litigation and may issue advi- ‘‘(I) The agency shall notify the requestor CREASED PUBLIC UNDERSTANDING OF THE GOV- sory opinions at the discretion of the Office of the consultation in writing, including ERNMENT.—Each agency shall— or upon request of any party to such medi- each of the following: ‘‘(A) review the records of such agency to ation services. ‘‘(aa) A brief description of the consulta- determine whether the release of the records ‘‘(4) SUBMISSION OF REPORT.— tion process. would be in the public interest because it is ‘‘(A) IN GENERAL.—The Office of Govern- ‘‘(bb) The name of each consulted entity, likely to contribute significantly to public ment Information Services shall not less unless otherwise prohibited by law. understanding of the operations or activities than annually submit to the committees de- ‘‘(cc) An approximate number of pages, or of the Government; scribed in subparagraph (C) and the Presi- other description of the volume of records, ‘‘(B) for records determined to be in the dent a report on the findings from the infor- that each consulted entity is reviewing. public interest under subparagraph (A), rea- mation reviewed and identified under para- ‘‘(II) The agency shall notify the consulted sonably segregate and redact any informa- graph (2), a summary of the Office’s activi- entity of the need to consult in writing, in- tion exempted from disclosure under sub- ties under paragraph (3) (including any advi- cluding each of the following: section (b); and sory opinions issued), and legislative and ‘‘(aa) An approximate number of pages, or ‘‘(C) make available in an electronic, pub- regulatory recommendations to improve the other description of the volume of records, licly accessible format, any records identi- administration of this section. that the entity is requested to review. fied in subparagraph (A), as modified pursu- ‘‘(B) ELECTRONIC AVAILABILITY OF RE- ‘‘(bb) A request to provide a complete re- ant to subparagraph (B). PORTS.—The Office shall make available any sponse within 15 days after the date on which ‘‘(9) INCREASED DISCLOSURE OF INFORMA- report submitted under subparagraph (A) in the notification is sent and a notice that TION.—Each agency shall— an electronic, publicly accessible format. after the expiration of that time period the ‘‘(A) make information public to the great- ‘‘(C) CONGRESSIONAL SUBMISSION OF RE- agency will proceed with the compliance of est extent possible through modern tech- PORT.—The committees described in this sub- the request if a completed response is not re- nology to— paragraph are the following: ceived. ‘‘(i) inform the public of the operations and ‘‘(i) The Committee on Oversight and Gov- ‘‘(cc) If the number of records in the con- activities of the Government; and ernment Reform of the House of Representa- sultation under this clause exceeds 3,000 ‘‘(ii) ensure timely disclosure of informa- tives. pages, a notification that the consulted enti- tion; and

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.023 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H251 ‘‘(B) establish procedures for identifying fore March 1 of each calendar year which ‘‘(II) citations to the fee schedule for each categories of records that may be disclosed shall include for the prior calendar year— category of fee assessed; and regularly and additional records of interest ‘‘(i) a listing of the number of cases arising ‘‘(III) in the case of an estimate, the basis to the public that are appropriate for public under this section, including for each case, for such estimate.’’. disclosure, and for posting such records in an as applicable— (k) GOVERNMENT ACCOUNTABILITY OFFICE.— electronic, publicly accessible format.’’. ‘‘(I) each subsection under this section; Subsection (i) of section 552 of title 5, United (h) REPORT ON CATEGORIES OF INFORMATION ‘‘(II) each paragraph of each such sub- States Code, is amended to read as follows: FOR DISCLOSURE.—Not later than one year section; ‘‘(i) GOVERNMENT ACCOUNTABILITY OF- after the date of the enactment of this Act, ‘‘(III) any exemption; FICE.—The Government Accountability Of- and every two years thereafter, the Director ‘‘(IV) the disposition of such case; and fice shall— of the Office of Information Policy of the De- ‘‘(V) the cost, fees, and penalties assessed ‘‘(1) conduct audits of administrative agen- partment of Justice, after consultation with under subparagraphs (E), (F), and (G) of sub- cies on compliance with and implementation of the requirements of this section and issue agencies selected by the Director, shall subsection (a)(4); and reports detailing the results of such audits; mit to the Committee on Oversight and Gov- ‘‘(ii) a description of the efforts under- ‘‘(2) catalog the number of exemptions ernment Reform of the House of Representa- taken by the Department of Justice to en- under subsection (b)(3) and agency use of tives and the Committees on Homeland Se- courage agency compliance with this sec- such exemptions; and curity and Governmental Affairs and the Ju- tion. ‘‘(3) review and prepare a report on the diciary of the Senate a report that identifies ‘‘(B) ELECTRONIC AVAILABILITY.—The Attor- processing of requests by agencies for infor- categories of records that would be appro- ney General of the United States— mation pertaining to an entity that has re- priate for proactive disclosure, and shall ‘‘(i) shall make each report described under ceived assistance under title I of the Emer- make such report available in an electronic, subparagraph (A) available in an electronic, gency Economic Stabilization Act of 2008 (12 publicly accessible format; and publicly accessible format. U.S.C. 5211 et seq.) during any period in ‘‘(ii) shall make the raw statistical data (i) AGENCY FOIA REPORT.—Section 552(e) of which the Government owns or owned more used in each report available in an elec- title 5, United States Code, is amended— than 50 percent of the stock of such entity.’’. tronic, publicly accessible format, which (1) in paragraph (1)— (l) CHIEF FOIA OFFICER RESPONSIBILITIES; shall be— (A) by inserting ‘‘and to the Director of the COUNCIL; REVIEW.—Section 552 of title 5, Office of Government Information Services’’ ‘‘(I) made available without charge, li- United States Code, is amended— after ‘‘the Attorney General of the United cense, or registration requirement; (1) by striking subsections (j) and (k); and States’’; ‘‘(II) capable of being searched and aggre- (2) by inserting after subsection (i), the fol- (B) in subparagraph (N), by striking ‘‘; gated; and lowing new subsections: and’’ and inserting a semicolon; ‘‘(III) permitted to be downloaded, includ- ‘‘(j) CHIEF FOIA OFFICER.— (C) in subparagraph (O), by striking the pe- ing downloaded in bulk.’’. ‘‘(1) DESIGNATION.—Each agency shall des- riod and inserting a semicolon; and (j) SEARCH OR DUPLICATION FEES.—Section ignate a Chief FOIA Officer who shall be a (D) by adding at the end the following new 552(a)(4)(A) of title 5, United States Code, is senior official of such agency (at the Assist- subparagraphs: amended by striking clause (viii) and insert- ant Secretary or equivalent level). ing the following new clause: ‘‘(P) the number of times the agency in- ‘‘(2) DUTIES.—The Chief FOIA Officer of ‘‘(viii)(I) Except as provided in subclause voked a law enforcement exclusion under each agency shall, subject to the authority (II), an agency shall not assess any search subsection (c); of the head of the agency— fees (or in the case of a requester described ‘‘(Q) the number of times the agency en- ‘‘(A) have agency-wide responsibility for under clause (ii)(II) of this subparagraph, du- gaged in dispute resolution with the assist- efficient and appropriate compliance with plication fees) under this subparagraph if the ance of the Office of Government Informa- this section; agency fails to comply with any time limit tion Services or the FOIA Public Liaison; ‘‘(B) monitor implementation of this sec- described in paragraph (6). ‘‘(R) the number of records that were made ‘‘(II)(aa) If an agency has determined that tion throughout the agency and keep the available in an electronic, publicly acces- unusual circumstances apply (as the term is head of the agency, the chief legal officer of sible format under subsection (a)(2); and defined in paragraph (6)(B)) and the agency the agency, and the Attorney General appro- ‘‘(S) the number of times the agency as- provided a timely written notice to the re- priately informed of the agency’s perform- sessed a search or duplication fee under sub- quester in accordance with paragraph (6)(B), ance in implementing this section; section (a)(4)(A) and did not comply with a a failure described in subclause (I) is excused ‘‘(C) recommend to the head of the agency time limit under subsection (a)(6).’’; for an additional 10 days. If the agency fails such adjustments to agency practices, poli- (2) by amending paragraph (3) to read as to comply with the extended time limit, the cies, personnel, and funding as may be nec- follows: agency may not assess any search fees (or in essary to improve the implementation of ‘‘(3) ELECTRONIC ACCESSIBILITY OF RE- the case of a requester described under this section; PORTS.—Each agency shall make each such clause (ii)(II) of this subparagraph, duplica- ‘‘(D) review and report to the Attorney report available in an electronic, publicly action fees). General, through the head of the agency, at cessible format. In addition, each agency ‘‘(bb) If an agency has determined that un- such times and in such formats as the Attor- shall make the raw statistical data used in usual circumstances apply and more than ney General may direct, on the agency’s per- its reports available in a timely manner in 3,000 pages are necessary to respond to the formance in implementing this section; an electronic, publicly accessible format. request, an agency may charge search fees ‘‘(E) facilitate public understanding of the Such data shall be— (or in the case of a requester described under purposes of the statutory exemptions of this ‘‘(A) made available without charge, li- clause (ii)(II) of this subparagraph, duplica- section by including concise descriptions of cense, or registration requirement; tion fees) if the agency has provided a timely the exemptions in both the agency’s hand- ‘‘(B) capable of being searched and aggre- written notice to the requester in accordance book issued under subsection (g), and the gated; and with paragraph (6)(B) and the agency has dis- agency’s annual report on this section, and ‘‘(C) permitted to be downloaded and cussed with the requester via written mail, by providing an overview, where appropriate, downloaded in bulk.’’; electronic mail, or telephone (or made not of certain general categories of agency (3) in paragraph (4)— less than 3 good-faith attempts to do so) how records to which those exemptions apply; (A) by striking ‘‘Committee on Govern- the requester could effectively limit the ‘‘(F) serve as the primary agency liaison ment Reform and Oversight’’ and inserting scope of the request in accordance with para- with the Office of Government Information ‘‘Committee on Oversight and Government graph (6)(B)(ii). Services and the Office of Information Pol- Reform’’; ‘‘(cc) If a court has determined that excep- icy; and (B) by striking ‘‘Governmental Affairs’’ tional circumstances exist (as that term is ‘‘(G) designate one or more FOIA Public and inserting ‘‘Homeland Security and Gov- defined in paragraph (6)(C)), a failure de- Liaisons. ernmental Affairs’’; and scribed in subclause (I) shall be excused for ‘‘(3) COMPLIANCE REVIEW REQUIRED.—The (C) by striking ‘‘April 1’’ and inserting the length of time provided by the court Chief FOIA Officer of each agency shall— ‘‘March 1’’; order. ‘‘(A) review, not less than annually, all as- (4) in paragraph (5)— ‘‘(ix) When assessing or estimating fees, pects of the agency’s administration of this (A) by inserting ‘‘and the Director of the agencies shall provide a detailed explanation section to ensure compliance with the re- Office of Government Information Services’’ of the fee calculation, including— quirements of this section, including— after ‘‘the Director of the Office of Manage- ‘‘(I) the actual or estimated number, as ap- ‘‘(i) agency regulations; ment and Budget’’; and propriate, of— ‘‘(ii) disclosure of records required under (B) by striking ‘‘by October 1, 1997’’; and ‘‘(aa) records duplicated; paragraphs (2), (8), and (9) of subsection (a); (5) by amending paragraph (6) to read as ‘‘(bb) hours of searching; ‘‘(iii) assessment of fees and determination follows: ‘‘(cc) files searched; of eligibility for fee waivers; ‘‘(6) ATTORNEY GENERAL FOIA REPORT.— ‘‘(dd) records searched; ‘‘(iv) the timely processing of requests for ‘‘(A) IN GENERAL.—The Attorney General of ‘‘(ee) custodians searched; information under this section; the United States shall submit to Congress ‘‘(ff) records reviewed; and ‘‘(v) the use of exemptions under sub- and the President an annual report on or be- ‘‘(gg) hours of review; section (b); and

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.023 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H252 CONGRESSIONAL RECORD — HOUSE January 11, 2016 ‘‘(vi) dispute resolution services with the ‘‘(4) An agency shall notify the Depart- (B) procedures for engaging with the Office assistance of the Office of Government Infor- ment of Justice in each instance records re- of Government Information Services. mation Services or the FOIA Public Liaison; sponsive to a request have been identified (2) GAO NON-CUSTODIAN STUDY.—Not later and that the agency determines are not subject than 18 months after the date of the enact- ‘‘(B) make recommendations as necessary to the requirements of this section under ment of this Act, the Comptroller General to improve agency practices and compliance paragraphs (1), (2), or (3) and shall provide shall— with this section. the Department of Justice with a detailed (A) conduct a study of not less than five ‘‘(k) CHIEF FOIA OFFICERS COUNCIL.— justification for such determination for each agencies to assess the feasibility of imple- ‘‘(1) ESTABLISHMENT.—There is established such instance. The Department of Justice menting a policy requiring non-custodians to in the executive branch the Chief FOIA Offi- shall maintain records of each notification search for records to meet the requirements cers Council (in this subsection, referred to and justification received. An agency may of section 552 of title 5, United States Code, as the ‘Council’). treat records created under this paragraph as and requests for documents from Congress; ‘‘(2) MEMBERS.—The Council shall consist not subject to the requirements under this and of the following members: section.’’. (B) submit a report on such assessment to ‘‘(A) The Deputy Director for Management (n) AGENCY PERFORMANCE; ADVERSE AC- the Committee on Oversight and Govern- TIONS.— of the Office of Management and Budget. ment Reform of the House of Representa- (1) IN GENERAL.—Section 552 of title 5, ‘‘(B) The Director of the Office of Informa- tives and the Committee on the Judiciary of United States Code, is further amended by tion Policy at the Department of Justice. the Senate detailing the results of such adding at the end the following new sub- ‘‘(C) The Director of the Office of Govern- study. section: ment Information Services at the National (3) OFFICE OF GOVERNMENT INFORMATION ‘‘(n) AGENCY PERFORMANCE.— Archives and Records Administration. SERVICES REPORT.—Not later than 270 days ‘‘(1) PERFORMANCE REVIEWS.—Performance ‘‘(D) The Chief FOIA Officer of each agen- after the date of the enactment of this Act, cy. appraisals under chapter 43 of this title shall include consideration of the employee’s re- the Office of Government Information Serv- ‘‘(E) Any other officer or employee of the ices shall submit to Congress a report on United States as designated by the Co- sponsibility for, and compliance with, this section as appropriate. agency compliance with the requirements of Chairs. this subsection. ‘‘(3) CO-CHAIRS.—The Director of the Office ‘‘(2) AGENCY-WIDE TRAINING.—Each agency (4) AGENCY SYSTEM OF RECORDS NOTICE RE- of Information Policy at the Department of shall ensure agency employees receive annual training on the responsibilities of the QUIRED.—Not later than 90 days after the Justice and the Director of the Office of Gov- date of the enactment of this Act, the head ernment Information Services at the Na- agency under this section, including the spe- of each agency shall publish in the Federal tional Archives and Records Administration cific responsibilities of each employee, such Register a system of records notice as de- shall be the Co-Chairs of the Council. as responding promptly to requests for fined in section 552a of title 5, United States ‘‘(4) SUPPORT SERVICES.—The Adminis- records and providing all records that may Code, which allows the Office of Government trator of General Services shall provide ad- be responsive to the request. Information Services access to records to the ministrative and other support for the Coun- ‘‘(3) FOIA OFFICER TRAINING.—Each agency extent necessary to meet the requirements cil. shall ensure agency employees directly re- of this Act, and the amendments made by ‘‘(5) CONSULTATION.—In performing its du- sponsible for fulfilling the requirements this Act. ties, the Council shall consult regularly with under this section receive annual training on EPORT ON NONCOMPLIANCE.—Not later members of the public who make requests such requirements. The annual training shall (5) R under this section. include statutory requirements (such as time than 270 days after the date of the enactment of this Act, the head of an agency that does ‘‘(6) DUTIES.—The duties of the Council in- limits to respond to requests for records, clude the following: limitations on exemptions, and opportunities not meet the requirements of paragraph (1) ‘‘(A) Develop recommendations for increas- for discretionary disclosure) and any changes shall submit to Congress a report on the rea- ing compliance and efficiency under this sec- to this section or any interpretation of this son for noncompliance. tion. section (such as a regulation issued under (6) INSPECTOR GENERAL REVIEW FOR NON- ‘‘(B) Disseminate information about agen- this section). COMPLIANCE.—Any agency that fails to comply with the requirements of this subsection cy experiences, ideas, best practices, and in- ‘‘(4) VIOLATION OF FOIA.— shall be reviewed by the Office of Inspector novative approaches related to this section. ‘‘(A) INTENTIONAL.—An intentional viola- ‘‘(C) Identify, develop, and coordinate ini- tion of any provision of this section, includ- General of such agency for compliance with tiatives to increase transparency and coming any rule, regulation, or other imple- section 552 of title 5, United States Code. pliance with this section. menting guideline, by an officer or employee (7) AGENCY DEFINED.—In this section, the ‘‘(D) Promote the development and use of of an agency, as determined by the appro- term ‘‘agency’’ has the meaning given such common performance measures for agency priate supervisor, shall be forwarded to the term in section 552(f) of title 5, United States compliance with this section. Inspector General of the agency for a Code. ‘‘(7) MEETINGS.— verification of the violation, and upon SEC. 3. INSPECTOR GENERAL REVIEW. ‘‘(A) REGULAR MEETINGS.—The Council verification, such officer or employee shall (a) PERIODIC REVIEW.—The Inspector Gen- shall meet regularly and such meetings shall be subject to the suspension and removal eral of each agency (as such term is defined be open to the public unless the Council de- provisions under subchapter II or V of chap- in section 552(f) of this title 5, United States termines to close the meeting for reasons of ter 75. Code) shall— national security or to discuss information ‘‘(B) UNAUTHORIZED WITHHOLDING.—The (1) periodically review compliance with the exempt under subsection (b). withholding of information in contravention requirements of section 552 of title 5, United ‘‘(B) ANNUAL MEETINGS.—Not less than of the requirements of this section, including States Code, including the timely processing once a year, the Council shall hold a meeting any rule, regulation, or other implementing of requests, assessment of fees and fee waiv- that shall be open to the public and permit guideline, as determined by the appropriate ers, and the use of exemptions under sub- interested persons to appear and present oral supervisor, shall be a basis for disciplinary section (b) of such section; and and written statements to the Council. action in accordance with subchapter I, II, or (2) make recommendations the Inspector ‘‘(C) NOTICE.—Not later than 10 business V of chapter 75, as the case may be.’’. General determines to be necessary to the days before a meeting of the Council, notice (2) REGULATIONS.—The Office of Personnel head of the agency, including recommenda- of such meeting shall be published in the Management shall ensure that any perform- tions for disciplinary action. Federal Register. ance appraisal system established pursuant (b) REQUIRED FREQUENCY FOR CERTAIN ‘‘(D) PUBLIC AVAILABILITY OF COUNCIL to chapter 43 of title 5, United States Code, AGENCIES.—The Inspector General of each RECORDS.—Except as provided in subsection shall include the requirements of section agency (as such term is defined in section 901 (b), the records, reports, transcripts, min- 552(n)(1) of such title (as added by paragraph of title 31, United States Code) shall com- utes, appendixes, working papers, drafts, (1)). plete the review and make the recommenda- studies, agenda, or other documents that (o) REGULATIONS; GAO STUDY; SYSTEM OF tions required under subsection (a) not less were made available to or prepared for or by RECORD NOTICE.— than once every two years. the Council shall be made publicly available. (1) REVISION OF REGULATIONS.—Not later SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. ‘‘(E) MINUTES.—Detailed minutes of each than 180 days after the date of the enactment No additional funds are authorized to carry meeting of the Council shall be kept and of this Act, the head of each agency shall re- out the requirements of this Act and the shall contain a record of the persons present, view the regulations of such agency and amendments made by this Act. Such require- a complete and accurate description of mat- shall issue regulations on procedures for the ments shall be carried out using amounts ters discussed and conclusions reached, and disclosure of records under section 552 of otherwise authorized. copies of all reports received, issued, or ap- title 5, United States Code, in accordance The SPEAKER pro tempore. Pursu- with the amendments made by this section. proved by the Council.’’. ant to the rule, the gentleman from (m) EXCLUDED RECORDS.—Section 552(c) of The regulations of each agency shall in- title 5, United States Code, is amended by clude— Utah (Mr. CHAFFETZ) and the gen- adding at the end the following new para- (A) procedures for engaging in dispute res- tleman from Maryland (Mr. CUMMINGS) graph: olution; and each will control 20 minutes.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.023 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H253 The Chair recognizes the gentleman universal. Members of the House and This provision would not require agen- from Utah. the Senate, whether there is a Repub- cies to disclose classified information, GENERAL LEAVE lican or Democratic President, whether it would not require agencies to dis- Mr. CHAFFETZ. Mr. Speaker, I ask it is on behalf of a constituent wanting close anything they are prohibited unanimous consent that all Members some simple information, we regularly from disclosing by law, and it would may have 5 legislative days in which to use the Freedom of Information Act, not remove any of FOIA’s existing time revise and extend their remarks and in- and we regularly find ourselves frus- exemptions. It would, however, put the clude extraneous materials on the bill trated. burden on agencies where it should be: under consideration. This is good for the administration. to justify keeping government infor- The SPEAKER pro tempore. Is there It builds on legislation like the DATA mation secret. objection to the request of the gen- Act and other reforms that the Over- The bill would also put a 25-year sun- tleman from Utah? sight and Government Reform Com- set exemption 5 of FOIA—the delibera- There was no objection. mittee have done over a number of tive process exemption—and limit the Mr. CHAFFETZ. Mr. Speaker, I yield years. scope of records that agencies could 5 minutes to the gentleman from Cali- Lastly, I want to thank my good withhold under that exemption. It fornia (Mr. ISSA), the former chairman friend from Maryland (Mr. CUMMINGS). would modernize FOIA by requiring the of the Oversight and Government Re- From the very day we began heading Office of Management and Budget to form Committee and one of the lead the committee, more than 5 years ago create a central portal to allow FOIA sponsors of this bill. now, together, he has always been for requests to any agency through one Mr. ISSA. Mr. Speaker, I thank the FOIA reform, always been for more Web site. chairman. transparency, and always been sup- The Office of Government Informa- It is no accident that this is one of portive of the legislation you see here tion Services, the FOIA ombudsman the first bills of the new year. Like today. I want to thank Mr. CUMMINGS, created by Congress in 2007, would be- some of the other legislation, it is not something that I don’t get enough a new idea. In many ways, what it real- come more independent, which is very chances to do. ly is is this body, once again, if you important under this bill, because that And I want to thank Chairman will, reiterating when we talk about office would be allowed to submit testi- CHAFFETZ for bringing this bill, not freedom of information for the Amer- mony and reports directly to Congress only as it was originally written, but ican people, whether it is a private cit- without going through political review. with some important modifications to izen who doesn’t know what the gov- This bill is coming to the floor with make it, hopefully, go through quickly ernment knows about him or her and an amendment that makes a number of when it is considered by the Senate. would like to or it is an interest group, changes, and many of them proposed I urge its support. a think tank, or very, very often the by Chairman CHAFFETZ. Some of these Mr. CUMMINGS. Mr. Speaker, I yield press—The New York Times, The additions include requiring agencies to myself such time as I may consume. Washington Post, the LA Times, and a provide each FOIA requester with a Mr. Speaker, I rise in strong support host more—wanting to know what the contact name and information for an of H.R. 653, the FOIA Oversight and Im- government is doing, what their gov- agency employee who can provide in- plementation Act. ernment is doing with their money, formation on the status of the request. I want to start by thanking Rep- their freedoms. This is so very, very important. This bill emphasizes in no uncertain resentative DARRELL ISSA for working Our bill has widespread support. A terms something that is long overdue: with me on this legislation. We first in- coalition of 47 open government groups that the balance between the American troduced the FOIA Act in March 2013. sent a letter in support of this bill on people’s right to know about their in- The bill before us today is the product February 5, 2015, that said: formation and the government’s right of 3 years of work—hard work—feed- ‘‘Congress must act this year to en- to keep a secret shall always be bal- back, negotiation, and perseverance. sure that FOIA stays current with peo- anced in favor and presumed to be the I also want to thank the chairman of ple’s need to access government infor- American people’s right. In other the Oversight and Government Reform mation and resilient in the face of at- words, no longer, after this bill is Committee, JASON CHAFFETZ, for his tempts to subvert that access.’’ work on this bill and his strong support signed into law, will an administration, b 1730 Republican or Democratic, be able to for bringing it to the House floor presume that they are going to say no today. Numerous editorial boards have writ- if they possibly can. Instead, this bill I would say that this is a bipartisan ten, urging Congress to pass FOIA re- shifts the burden to the presumption of effort, but it is more than that. We ac- form legislation. yes. tually worked very, very hard to- A New York Times editorial from Not only does it shift the burden, but gether, all of us, to make this happen. February 2015 reads: ‘‘This is a rare it puts an outright mandate that, after If there was any case where we had to chance to log a significant bipartisan 25 years, information not covered by use this term of not moving to common accomplishment in the public international security requirements or clas- ground but moving to higher ground, it est.’’ sifications of secret or above, shall, in would be this legislation. A USA Today editorial in March 2015 fact, simply be available. Open government advocates—jour- called for the enactment of this bill’s These are fundamentally important nalists, editorial boards, and everyday reforms. distinctions between the current law. citizens—who support this bill also de- A Los Angeles Times editorial read But more to the point of a moderniza- serve a tremendous amount of grati- that this legislation and a similar bill tion, this legislation mandates a single tude. in the Senate ‘‘deserves to be passed.’’ point of asking for FOIA, an assump- The FOIA Act would strengthen the This is a movement called Fix FOIA tion that it is long overdue for us to cornerstone of our open government by 50. That movement is aimed at get- streamline and improve the ability to laws and the Freedom of Information ting H.R. 653 enacted before the 50th get this information and get it to ev- Act. This legislation builds on the his- anniversary of FOIA in July of this eryone. toric work of the Obama administra- year. One of the aspects of the legislation tion, which I believe will go down in An online clearinghouse for the is that H.R. 653 will require that infor- history as the most transparent admin- movement includes stories from jour- mation asked for again and again and istration to date. The bill would codify nalists about why FOIA is critical to again be posted and available for ev- the presumption of openness standard their work and why this legislation eryone rather than each time being a that President Obama put in place in a must be enacted. burden of somebody wanting similar or memo issued on his first day in office. It is important to note that, even even identical information to have to The bill would require agencies to with the enactment of this legislation, put in a FOIA request. identify specific identifiable harm to the work of Congress must continue. Mr. Speaker, what I want to close an interest protected by exemption un- Agency FOIA staff are being asked to with is this isn’t just bipartisan; this is less disclosure is prohibited by law. do more than ever before. From 2009 to

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.032 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H254 CONGRESSIONAL RECORD — HOUSE January 11, 2016 2014, the overall number of FOIA re- On our side of the aisle, we had it without regard to the age of the records or quests submitted to Federal agencies spearheaded with Katy Rother, and I information, if such disclosure would ad- increased by 28 percent with new know that Krista Boyd particularly, on versely affect intelligence sources and methods. records set in each of the past 4 years Mr. CUMMINGS’ staff, was vital to mak- I further understand that H.R. 653 does not in a row. The total number of FOIA ing this happen. alter an Intelligence Community element’s personnel, however, decreased by about There are vital pieces of information discretion over the language it chooses to 4 percent. Congress must give these that are needed and that are rightfully use in denying records or information sought agencies more resources. requested by the American people, but pursuant to FOIA. Specifically, I understand Again, I thank Congressman ISSA for this piece of legislation will make that that the requirement in Section 2(f)(3) for all of his hard work. I know that he has FOIA process smoother. It will make it federal agencies to include ‘‘a list’’ of all denied records preserves an Intelligence Com- been on this bill for a long time and more effective, more efficient, and I has tried to make sure it gets passed. munity element’s discretion regarding the think it is much needed as we go into contents of the required ‘‘list.’’ To the ex- Again, I want to thank both staffs for the 50th year of FOIA. I look forward tent that elaboration of any list would ad- working so hard. to its passage. I urge a ‘‘yes’’ vote. versely affect intelligence sources and meth- Since Chairman CHAFFETZ became Mr. Speaker, I reserve the balance of ods, an IC element may cite to the applicable chairman, we have had two meetings, my time. FOIA exemption to meet the list require- and I know our staffs have had numer- Mr. CUMMINGS. Mr. Speaker, I yield ment. ous meetings and have hammered out I would appreciate your response to this myself such time as I may consume. letter confirming these understandings and the details to make a very good bill a I close by highlighting a few addi- better bill. I want to thank them. would request that you include a copy of this tional provisions of FOIA. letter in the Congressional Record during its I urge my colleagues to vote for This bill would require agencies to floor consideration. Thank you in advance transparency and for the American review existing records to identify cat- for your cooperation. people by voting ‘‘yes’’ on this legisla- egories of records to proactively dis- Sincerely, tion. close rather than waiting for FOIA re- DEVIN NUNES, Mr. Speaker, I reserve the balance of quests. Chairman. my time. The bill would also require the De- Mr. CHAFFETZ. Mr. Speaker, I yield HOUSE OF REPRESENTATIVES, COM- partment of Justice to report to Con- myself such time as I may consume. MITTEE ON OVERSIGHT AND GOV- This is a good, much-needed piece of gress on categories of records that ERNMENT REFORM, legislation. It is hard to believe that would be appropriate for proactive dis- Washington, DC, January 11, 2016. closure. Hon. DEVIN NUNES, FOIA, the Freedom of Information Act, Chairman, Permanent Select Committee on In- was passed nearly 50 years ago. Finally, the bill would tackle the proliferation of statutory FOIA exemp- telligence, Washington, DC. We are a little different in the United DEAR MR. CHAIRMAN: Thank you for your States. We are self-critical. We do look tions by requiring the Government Ac- January 8, 2016, letter regarding H.R. 653, the at things. We do examine things. We do countability Office to catalog all of the FOIA Oversight and Implementation Act of it in the spirit of making this country statutory exemptions on the books. 2015, as reported. H.R. 653 bill addresses how better. Again, I urge the support of this leg- elements of the Intelligence Community We also have to remember who we islation. (IC), as defined in section 3(4) of the National Mr. Speaker, I yield back the balance Security Act of 1947, may protect sensitive work for. We work for the American information from disclosure under the Free- people. The American people are pay- of my time. Mr. CHAFFETZ. Mr. Speaker, I yield dom of Information Act (FOIA). I am writing ing the tab. It is their government, and to confirm our mutual understanding with they have the right to know. myself such time as I may consume. respect to the consideration of the bill. Updating this piece of legislation is I appreciate the good, bipartisan H.R. 653 has been crafted to strengthen something that, in particular, Con- work. It was through a lot of labor and FOIA by establishing a strong presumption gressman ISSA sought to do some time a lot of listening to what the public in favor of disclosure, while also recognizing ago. He put the wheels in motion and needs and to what the media needs. I the need to avoid compelling the disclosure of any properly classified information, or started to draft a good and much-need- do think this will make the Freedom of Information Act better as it is the spir- other information where disclosure would ed bill. adversely affect intelligence sources and Coming together with the ranking it by which we operate in this country. methods protected by an existing FOIA ex- member, Mr. CUMMINGS, has made this I urge the bill’s passage. emption. The bill, as reported, does not re- all possible. We have had some good, Mr. Speaker, I yield back the balance quire agency FOIA staff to disclose IC vibrant discussions. We had 2 days of of my time. records or information, without regard to hearings in our committee. We heard HOUSE OF REPRESENTATIVES, PER- the age of the records or information, if such from citizens. We heard from the MANENT SELECT COMMITTEE ON IN- disclosure would adversely affect intelligence sources and methods. Further, the media. We heard from a host of people. TELLIGENCE, Washington, DC, January 8, 2016. bill does not alter an IC element’s discretion I think it is fair to say that, in large over the language it chooses to use in deny- part, the FOIA, the way it operates Hon. JASON CHAFFETZ, Chairman, Committee on Oversight and Govern- ing records or information sought pursuant now, is broken. I do agree and concur ment Reform , Washington, DC. to FOIA. Specifically, the requirement in with the ranking member that, if we DEAR CHAIRMAN CHAFFETZ: On January 7, Section 2(f)(3) for federal agencies to include are going to have such a bombardment 2016, your committee ordered H.R. 653, the ‘‘a list’’ of all denied records preserves an In- of requests, they need to be properly ‘‘FOIA Oversight and Implementation Act of telligence Community element’s discretion funded and there needs to be the per- 2015,’’ reported. As you know, H.R. 653 con- regarding the contents of the required ‘‘list.’’ A copy of our exchange of letters on this sonnel in order to make sure they can tains several provisions that implicate the work of agencies within the jurisdiction of matter in the will be inserted into the Con- fulfill these requests. gressional Record during consideration of When appropriation season comes, I the Permanent Select Committee on Intel- ligence. The bill addresses how elements of this bill on the House floor. Thank you for want to stand with Mr. CUMMINGS and the Intelligence Community (IC), as defined your attention to this matter. with others and make sure that it is in section 3(4) of the National Security Act Sincerely, properly funded so that those good peo- of 1947, may protect sensitive information JASON CHAFFETZ, ple can do their good work. from disclosure under the Freedom of Infor- Chairman. There were a number of reforms and mation Act (FOIA). The SPEAKER pro tempore. The improvements that needed to happen. I On the basis of your consultations with the question is on the motion offered by do appreciate the flexibility of working Committee, I understand that H.R. 653 has the gentleman from Utah (Mr. and of offering suggestions and then been crafted to avoid compelling the disclo- CHAFFETZ) that the House suspend the another set of suggestions. sure of any properly classified information, rules and pass the bill, H.R. 653, as This would not have been possible, or other information where disclosure would adversely affect intelligence sources and amended. Mr. Speaker, without some good work methods protected by an existing FOIA ex- The question was taken; and (two- in the Office of Legal Counsel. Sally emption. In particular, I understand that thirds being in the affirmative) the Walker dealt with us time and time H.R. 653 does not allow or require FOIA re- rules were suspended and the bill, as again. questers to obtain IC records or information, amended, was passed.

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.034 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H255 A motion to reconsider was laid on crimination and harassment of both I thank him and I thank his staff and the table. unpaid Federal interns and applicants our staff for pulling all of this together f for Federal internships. Currently, to get us to this moment. there are no specific provisions in law Mr. Speaker, I reserve the balance of FEDERAL INTERN PROTECTION to protect these unpaid interns. my time. ACT OF 2015 H.R. 3231 makes it illegal to discrimi- Mr. CHAFFETZ. Mr. Speaker, I have Mr. CHAFFETZ. Mr. Speaker, I move nate, to sexually harass, or to retaliate no additional speakers. to suspend the rules and pass the bill against unpaid Federal interns and ap- I reserve the balance of my time. (H.R. 3231) to amend title 5, United plicants for Federal internships. Mr. CUMMINGS. Mr. Speaker, I yield States Code, to protect unpaid interns Specifically, the bill protects against 5 minutes to the gentleman from Vir- in the Federal government from work- discrimination and harassment on the ginia (Mr. SCOTT). place harassment and discrimination, basis of race, color, religion, sex, or na- Mr. SCOTT of Virginia. I thank the and for other purposes, as amended. tional origin under the Civil Rights gentleman for yielding. The Clerk read the title of the bill. Act of 1967, under the Age Discrimina- Mr. Speaker, I rise in support of H.R. The text of the bill is as follows: tion in Employment Act of 1967, and 3231, the Federal Intern Protection under the handicapping condition Act. H.R. 3231 This bill would amend title 5 of the Be it enacted by the Senate and House of Rep- under the Rehabilitation Act of 1973. Unpaid interns, similar to paid em- U.S. Code to extend protections against resentatives of the United States of America in discrimination and harassment to un- Congress assembled, ployees, are to be considered protected paid interns who work at Federal agen- SECTION 1. SHORT TITLE. against discrimination and harass- This Act may be cited as the ‘‘Federal Intern ment. cies. The bill would define an intern as Protection Act of 2015’’. I thank Mr. CUMMINGS for his passion someone who performs uncompensated SEC. 2. PROHIBITED PERSONNEL PRACTICES. on this issue to guard against this dis- voluntary service in an agency to earn (a) IN GENERAL.—Section 2302 of title 5, crimination and harassment. I look credit awarded by an educational insti- United States Code, is amended by adding at the forward to supporting this bill. I am tution or to learn a trade or occupa- end the following: glad we could bring it to the floor tion. ‘‘(g)(1) All protections afforded to an employee today. Internships are often the first real under subparagraphs (A), (B), and (D) of sub- Mr. Speaker, I reserve the balance of entry into a profession; yet, unpaid in- section (b)(1) shall be afforded, in the same my time. terns are not expressly protected from manner and to the same extent, to an intern and Mr. CUMMINGS. Mr. Speaker, I yield the discriminatory practices prohibited an applicant for internship. ‘‘(2) For purposes of the application of this myself such time as I may consume. by the Civil Rights Act of 1964, the Age subsection, a reference to an employee shall be The bill before us, the Federal Intern Discrimination in Employment Act, considered a reference to an intern in— Protection Act, would close a loophole the Rehabilitation Act, and other laws ‘‘(A) section 717 of the Civil Rights Act of 1964 in Federal employment law that cur- and regulations. This bill would rem- (42 U.S.C. 2000e–16); rently leaves unpaid interns open to edy this problem and extend those ‘‘(B) sections 12 and 15 of the Age Discrimina- discrimination and sexual harassment. workplace protections to unpaid in- tion in Employment Act of 1967 (29 U.S.C. 631, Earlier this year our committee held terns who may be vulnerable to egre- 633a); and a hearing at which we heard testimony gious treatment. ‘‘(C) section 501 of the Rehabilitation Act of about sexual harassment and retalia- 1973 (29 U.S.C. 791). Madam Speaker, all too often, when ‘‘(3) In this subsection, the term ‘intern’ tion in an EPA regional office. During unpaid interns have taken cases of means an individual who performs uncompen- that hearing, both Chairman CHAFFETZ workplace discrimination to the sated voluntary service in an agency to earn and I expressed our disgust at the ex- courts, the courts have ruled against credit awarded by an educational institution or ploitation of these young women and them. In the Second Circuit, a unani- to learn a trade or occupation.’’. demanded that action be taken to pre- mous panel of judges concluded that (b) CONFORMING AMENDMENT.—Section vent this in the future. unpaid interns are not employees cov- 3111(c)(1) of title 5, United States Code, is Unfortunately, the act of harassing ered by existing laws. amended by inserting ‘‘section 2302(g) (relating unpaid interns on the basis of race, re- In the 1997 case of O’Connor v. Davis, to prohibited personnel practices),’’ before ligion, age, or, in this case, sex is not ‘‘chapter 81’’. an employee at a State hospital har- prohibited by Federal law. Under cur- assed an unpaid intern, calling her The SPEAKER pro tempore. Pursu- rent law, victims rely on the discretion Miss Sexual Harassment and subjecting ant to the rule, the gentleman from of managers to prevent the recurrence her to sexually explicit comments. Utah (Mr. CHAFFETZ) and the gen- of this behavior, something that does The court stated that it was not un- tleman from Maryland (Mr. CUMMINGS) not always occur. sympathetic to O’Connor’s situation each will control 20 minutes. As one witness testified: ‘‘Even after and acknowledged that she was not in The Chair recognizes the gentleman finding out about the numerous harass- quite the same position to simply walk from Utah. ment victims, the direct reporting away from the alleged harassment, as GENERAL LEAVE manager continued to feed the harasser her success at school was dependent on Mr. CHAFFETZ. Mr. Speaker, I ask a steady diet of young women.’’ her successfully completing her intern- unanimous consent that all Members As we saw at our hearing, allowing ship. may have 5 legislative days in which to this kind of behavior to go unchecked The Second Circuit noted that Ms. revise and extend their remarks and to can have serious consequences on the O’Connor’s dependency on her em- include extraneous materials on the lives and careers of those who are in- ployer made her vulnerable to contin- bill under consideration. terested in government service and on ued harassment much as an employee The SPEAKER pro tempore. Is there those who are simply trying to be all dependent on a regular wage can be objection to the request of the gen- that God meant for them to be. There vulnerable to ongoing misconduct. tleman from Utah? are many unpaid interns who are will- Despite that, the Second Circuit con- There was no objection. ing to commit to working for the Fed- cluded: ‘‘It is for Congress, if it should Mr. CHAFFETZ. Mr. Speaker, I yield eral Government. We should protect choose to do so, and not this court to myself such time as I may consume. them from this kind of despicable be- provide a remedy under either title VII I rise today in support of H.R. 3231, havior. or title IX for plaintiffs in O’Connor’s the Federal Intern Protection Act of I want to take a moment to thank position.’’ 2015, as introduced by the ranking Chairman CHAFFETZ for helping us to As ranking member of the House member, Mr. CUMMINGS. This is a bill move this bill through the committee Committee on Education and the brought to my attention by him. We expeditiously and to bring it to the Workforce, I urge Congress to do more took it through the process in our com- floor. As a matter of fact, in our com- to protect unpaid interns, be it in the mittee and marked it up, and here we mittee, we received a unanimous vote Federal sector, in the Halls of Con- are on the floor. on it, and I am hoping that there will gress, or in the private sector. The bill establishes some important be a unanimous vote on the floor The House Committee on Education protections against the workplace dis- today. and the Workforce has jurisdiction

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.035 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H256 CONGRESSIONAL RECORD — HOUSE January 11, 2016 over legislation that strengthens work- them in the private sector. We see They told me about the experiences of er protections and defends the civil them all over the place. They provide a many young college students who had rights laws of workers, including fight- valuable role. faced sexual harassment as unpaid in- ing against discrimination and sup- Unfortunately, there are some young terns. I stand here on their behalf porting diversity in the workplace. people—and we have heard these sto- today because we can do something Now that the House is about to com- ries, and they are horrific—who go into about this. plete the consideration of H.R. 3231, this situation, and somebody in power, State legislatures across this country covering Federal workers, I am calling somebody who does get a paycheck, have started to listen. New York, Or- on the leadership of the Committee on somebody who does control their time, egon, Illinois, California, Connecticut, Education and the Workforce to move does ask them to do tasks—does the New Jersey, Washington, D.C., and New expeditiously to consider the com- unforgivable and asks them—or does York City have all passed some form of panion legislation, H.R. 3232, the Un- something to them that they should protection for unpaid interns. paid Intern Protection Act. That bill never do. Unpaid internships in Federal agen- would ensure that unpaid interns in To hear this story that there isn’t a cies, in particular, are coveted and the private sector are free from dis- law on the books so the courts can help competitive positions. The Federal In- crimination and harassment as prohib- take care of it, that is just not an ex- tern Protection Act of 2015 directly ad- ited by the Civil Rights Act. cuse. We do a lot of things in this body, dresses this vulnerability by extending and I would like to think this is one of existing Federal protections under the b 1745 the really good things that we do here Civil Rights Act of 1964 to unpaid in- Extending workplace protections to today, is pass a piece of legislation like terns working for the Federal Govern- nonpaid interns, who under current law this so we can protect these young peo- ment. We can provide vulnerable in- lack the protections provided by civil ple, because if somebody does break terns in the Federal Government with rights laws, should be a priority for the the law and does go forward and does the protections they deserve. Committee on Education and the do something unforgivable, they have I would like to thank my colleague, Workforce, and that is because intern- some recourse. Representative CUMMINGS, for his lead- ships have become such an important If we are going to take their time and ership on this issue. I also thank Rep- part of the workforce. we are going to use the resources of resentative SCOTT of Virginia and Ms. According to the 2014 State of Intern- these young people, those people in ELEANOR HOLMES NORTON and their ships Report from a college intern charge should be held accountable. I staff for all of their hard work. database, InternMatch, about two- think that is the good we are doing Mr. CHAFFETZ. I reserve the bal- thirds of interns surveyed said intern- here today. ance of my time. ships were important for long-term ca- So to those particularly young Mr. CUMMINGS. Madam Speaker, I reer advancement and about the same women—I am sure there are young men yield myself such time as I may con- number even stated that internships out there too, I just haven’t heard as sume as I close. should be mandatory. Student surveys many of their stories—to those young Madam Speaker, there have been sev- showed that over 60 percent want to in- women, at least, I hope we are listen- eral cases where interns have tried to tern in the private sector, about 14 per- ing and we are doing something good. bring suit and the courts have said that cent in the government sector, and 19 That is why I encourage the passage of you have no remedy. Chairman percent in nonprofit organizations. this bill. CHAFFETZ is absolutely right. It is sad As Members of Congress, our position I reserve the balance of my time. when you can have such an egregious should be clear. Regardless of whether Mr. CUMMINGS. Madam Speaker, I act but no remedy. I think one of the an internship is at a Federal agency, yield 3 minutes to the gentlewoman most frustrating things for anyone is on Capitol Hill, or at a Fortune 500 from New York (Ms. MENG), one of the when they have been harmed or when company, we must ensure that the un- cosponsors of this bill. they have been treated wrongfully and paid status of interns does not leave Ms. MENG. Madam Speaker, I rise there is no remedy, there is a problem. them without a remedy when their today to express strong support for The courts have said over and over civil rights are violated. To that end, H.R. 3231, the Federal Intern Protec- again: Congress, if you want there to we should begin by passing H.R. 3231, tion Act of 2015. be a remedy, then you have to act. the Federal Intern Protection Act. Madam Speaker, internships are in- That is exactly what we are doing We should then start working on leg- creasingly considered a resume neces- today. I think it says a lot for us as a islation to provide similar protections sity for entry-level positions in both Congress, and I think it says a lot for to unpaid interns who work in the pri- the public and private sector. More and us as a Nation. vate sector. more, businesses, organizations, and Going back to some of the words of I want to thank Ranking Member government agencies consider intern- Chairman CHAFFETZ, when we look at CUMMINGS for his leadership on this ships a prerequisite experience to full- unpaid interns, they do come to these bill, along with my fellow cosponsors, time employment. In fact, on college offices trying to get experience and the gentlewoman from New York (Ms. campuses across this country, career trying to learn the duties and the re- MENG) and the Delegate from Wash- service officers push their students to sponsibilities of a certain job. They re- ington, D.C. (Ms. NORTON). obtain competitive internships because alize that by doing this, it may very I urge a ‘‘yes’’ vote on this bill. they provide valuable professional ex- well change in a positive way the tra- Mr. CHAFFETZ. Madam Speaker, periences and are considered essential. jectory of their destiny. They come in there are some good young people who What we often forget is that unpaid with those high expectations, only to are getting their education. They are interns are amongst the most vulner- have them destroyed. Sometimes the excited. They have their whole life in able of workers. They need these in- damage can last not for a day or for a front of them. They get this amazing ternships to succeed in their careers. week, but for a lifetime. opportunity to do this internship. Yet, they are powerless to protect Then there is another piece that I Maybe it is a month, maybe it is 3 themselves from discrimination and think a lot of people don’t think about, months, maybe it is 6 months. It is just sexual harassment. Facing these chal- and that is that it is not always the a limited portion of time. That is lenges can be devastating to young indeed, but it is also the memory of hav- where they are going to get a base of terns at the beginning of their careers. ing gone through these types of inci- knowledge and experience that they One year ago, a brave and intelligent dents. are going to be able then to parlay and young woman, Christina, came to my I think this is a very important piece take into the workforce. It is going to district office to talk to me about her of legislation. I would urge my col- help shape and mold their futures. experiences as an unpaid intern. Chris- leagues to vote for it. As Members, every one of us rely on tina had faced sexual harassment. She Again, I thank the chairman, because interns. We have them in our offices in had no legal recourse, but she refused we sat there in a hearing and we heard our districts and we have them in our to stay silent. She came to my office about a very bad case. A lot of people offices in Washington, D.C. We see with a fellow college student, Anna. wonder about the value of hearings

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.037 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H257 sometimes, but out of that hearing Reclamation Act of 1977 to ensure Castor (FL) Guinta McCollum Castro (TX) Guthrie McDermott came this legislation. So, again, I transparency in the development of en- Chabot Gutie´rrez McGovern thank the chairman for all of his hard vironmental regulations, and for other Chaffetz Hahn McHenry work in helping us get the bill to the purposes; providing for consideration of Chu, Judy Hanna McKinley floor. the joint resolution (S.J. Res. 22) pro- Cicilline Hardy McMorris Clark (MA) Harper Rodgers I yield back the balance of my time. viding for congressional disapproval Clarke (NY) Harris McNerney Mr. CHAFFETZ. Madam Speaker, I under chapter 8 of title 5, United Clawson (FL) Hartzler McSally appreciate the kind words, and I appre- States Code, of the rule submitted by Clay Hastings Meadows Cleaver Heck (NV) Meehan ciate the dedication and commitment the Corps of Engineers and the Envi- Coffman Heck (WA) Meeks of Mr. CUMMINGS, Mr. SCOTT of Vir- ronmental Protection Agency relating Cohen Hensarling Meng ginia, and others who care deeply to the definition of ‘‘waters of the Cole Herrera Beutler Messer about this. I do as well. To be able to United States’’ under the Federal Collins (GA) Hice, Jody B. Mica Collins (NY) Higgins Miller (FL) play a role to help shepherd it to this Water Pollution Control Act; providing Comstock Hill Miller (MI) point is an honor and a privilege. for consideration of the bill (H.R. 3662) Conaway Himes Moolenaar I urge its passage. to enhance congressional oversight Connolly Hinojosa Mooney (WV) Conyers Holding Moore I yield back the balance of my time. over the administration of sanctions Cook Hoyer Moulton The SPEAKER pro tempore (Ms. ROS- against certain Iranian terrorism fin- Cooper Hudson Mullin LEHTINEN). The question is on the mo- anciers, and for other purposes; and Costa Huelskamp Mulvaney tion offered by the gentleman from providing for proceedings during the Costello (PA) Huffman Murphy (FL) Courtney Huizenga (MI) Murphy (PA) Utah (Mr. CHAFFETZ) that the House period from January 14, 2016, through Crawford Hultgren Nadler suspend the rules and pass the bill, January 22, 2016, which was referred to Crenshaw Hunter Napolitano H.R. 3231, as amended. the House Calendar and ordered to be Crowley Hurd (TX) Neal Cuellar Hurt (VA) Neugebauer The question was taken. printed. Culberson Israel Newhouse The SPEAKER pro tempore. In the f Cummings Issa Noem opinion of the Chair, two-thirds being Curbelo (FL) Jackson Lee Nolan in the affirmative, the ayes have it. ANNOUNCEMENT BY THE SPEAKER Davis (CA) Jeffries Norcross Davis, Danny Jenkins (KS) Nugent Mr. CHAFFETZ. Madam Speaker, on PRO TEMPORE Davis, Rodney Jenkins (WV) Nunes that I demand the yeas and nays. The SPEAKER pro tempore. Pursu- DeFazio Johnson (GA) O’Rourke DeGette Johnson (OH) Olson The yeas and nays were ordered. ant to clause 8 of rule XX, proceedings The SPEAKER pro tempore. Pursu- Delaney Johnson, E. B. Pallone will resume on motions to suspend the DeLauro Johnson, Sam Palmer ant to clause 8 of rule XX, further pro- rules previously postponed. DelBene Jolly Pascrell ceedings on this motion will be post- Votes will be taken in the following Denham Jones Paulsen poned. Dent Jordan Payne order: DeSantis Joyce Pearce f H.R. 598, by the yeas and nays; DeSaulnier Kaptur Pelosi H.R. 3231, by the yeas and nays. DesJarlais Katko Perlmutter RECESS Deutch Keating Perry The first electronic vote will be con- Diaz-Balart Kelly (IL) Peters The SPEAKER pro tempore. Pursu- ducted as a 15-minute vote. The second Dingell Kelly (MS) Peterson ant to clause 12(a) of rule I, the Chair electronic vote will be conducted as a Doggett Kelly (PA) Pingree declares the House in recess until ap- 5-minute vote. Dold Kildee Pittenger proximately 6:30 p.m. today. Donovan Kilmer Pitts f Doyle, Michael King (IA) Pocan Accordingly (at 5 o’clock and 55 min- F. King (NY) Poe (TX) utes p.m.), the House stood in recess. Duckworth Kinzinger (IL) Poliquin TAXPAYERS RIGHT-TO-KNOW ACT Duffy Kirkpatrick Polis f The SPEAKER pro tempore. The un- Duncan (TN) Kline Pompeo b 1830 Edwards Knight Posey finished business is the vote on the mo- Ellison Kuster Price (NC) AFTER RECESS tion to suspend the rules and pass the Ellmers (NC) Labrador Price, Tom bill (H.R. 598) to provide taxpayers Emmer (MN) LaHood Quigley The recess having expired, the House with an annual report disclosing the Engel LaMalfa Rangel was called to order by the Speaker pro Eshoo Lamborn Ratcliffe cost and performance of Government Esty Lance Reed tempore (Mr. HOLDING) at 6 o’clock and programs and areas of duplication Farenthold Langevin Reichert 30 minutes p.m. among them, and for other purposes, as Farr Larsen (WA) Renacci Fattah Larson (CT) Ribble f amended, on which the yeas and nays Fincher Latta Rice (NY) REPORT ON RESOLUTION PRO- were ordered. Fitzpatrick Lawrence Rice (SC) Fleischmann Lee Rigell VIDING FOR CONSIDERATION OF The Clerk read the title of the bill. The SPEAKER pro tempore. The Fleming Levin Roby H.R. 1644, SUPPORTING TRANS- Flores Lewis Roe (TN) PARENT REGULATORY AND EN- question is on the motion offered by Forbes Lieu, Ted Rogers (AL) the gentleman from Utah (Mr. Fortenberry Lipinski Rogers (KY) VIRONMENTAL ACTIONS IN MIN- Foster LoBiondo Rohrabacher ING ACT; PROVIDING FOR CON- CHAFFETZ) that the House suspend the rules and pass the bill, as amended. Foxx Loebsack Rokita SIDERATION OF S.J. RES. 22, Frankel (FL) Lofgren Rooney (FL) PROVIDING FOR CONGRESSIONAL The vote was taken by electronic de- Franks (AZ) Long Ros-Lehtinen Frelinghuysen Loudermilk Roskam DISAPPROVAL OF A RULE SUB- vice, and there were—yeas 413, nays 0, not voting 20, as follows: Fudge Love Ross MITTED BY THE CORPS OF ENGI- Gabbard Lowenthal Rothfus NEERS AND THE ENVIRON- [Roll No. 34] Gallego Lowey Rouzer YEAS—413 Garamendi Lucas Roybal-Allard MENTAL PROTECTION AGENCY; Garrett Luetkemeyer Royce PROVIDING FOR CONSIDERATION Abraham Bilirakis Brooks (AL) Gibbs Lujan Grisham Ruiz OF H.R. 3662, IRAN TERROR FI- Adams Bishop (GA) Brooks (IN) Gibson (NM) Ruppersberger Aderholt Bishop (MI) Brown (FL) NANCE TRANSPARENCY ACT; Gohmert Luja´ n, Ben Ray Russell Aguilar Bishop (UT) Brownley (CA) Goodlatte (NM) Ryan (OH) AND PROVIDING FOR PRO- Allen Black Buchanan Gosar Lummis Salmon CEEDINGS DURING THE PERIOD Amash Blackburn Buck Gowdy Lynch Sa´ nchez, Linda FROM JANUARY 14, 2016, Amodei Blum Bucshon Graham MacArthur T. Ashford Blumenauer Burgess Granger Maloney, Sanchez, Loretta THROUGH JANUARY 22, 2016 Babin Bonamici Bustos Graves (GA) Carolyn Sanford Mr. NEWHOUSE, from the Com- Barletta Bost Butterfield Graves (MO) Maloney, Sean Sarbanes Barr Boustany Byrne Grayson Marchant Scalise mittee on Rules, submitted a privi- Barton Boyle, Brendan Capuano Green, Al Marino Schakowsky leged report (Rept. No. 114–395) on the Bass F. Ca´ rdenas Green, Gene Massie Schiff resolution (H. Res. 583) providing for Beatty Brady (PA) Carson (IN) Griffith Matsui Schrader Benishek Brady (TX) Carter (GA) consideration of the bill (H.R. 1644) to Grijalva McCarthy Schweikert Bera Brat Carter (TX) Grothman McClintock Scott (VA) amend the Surface Mining Control and Beyer Bridenstine Cartwright

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.039 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H258 CONGRESSIONAL RECORD — HOUSE January 11, 2016 Scott, Austin Thompson (MS) Walz Cicilline Harper McMorris Sewell (AL) Thornberry Walz Scott, David Thompson (PA) Wasserman Clark (MA) Harris Rodgers Sherman Tiberi Wasserman Sensenbrenner Thornberry Schultz Clarke (NY) Hartzler McNerney Shimkus Tipton Schultz Sessions Tiberi Waters, Maxine Clawson (FL) Hastings McSally Shuster Titus Waters, Maxine Sewell (AL) Tipton Watson Coleman Clay Heck (NV) Meadows Simpson Tonko Watson Coleman Sherman Titus Weber (TX) Cleaver Heck (WA) Meehan Sinema Torres Weber (TX) Shimkus Tonko Welch Coffman Hensarling Meeks Sires Trott Welch Shuster Torres Wenstrup Cohen Herrera Beutler Meng Slaughter Tsongas Wenstrup Simpson Trott Smith (MO) Turner Westerman Cole Hice, Jody B. Messer Westerman Sinema Tsongas Smith (NE) Upton Whitfield Collins (GA) Higgins Mica Wilson (FL) Sires Turner Collins (NY) Hill Miller (FL) Smith (NJ) Valadao Wilson (FL) Wilson (SC) Slaughter Upton Comstock Himes Miller (MI) Smith (TX) Van Hollen Wilson (SC) Wittman Smith (MO) Valadao Conaway Hinojosa Moolenaar Speier Vargas Wittman Womack Smith (NE) Van Hollen Connolly Holding Mooney (WV) Stefanik Veasey Womack Woodall Smith (NJ) Vargas Conyers Honda Moore Stewart Vela Yarmuth Smith (TX) Veasey Woodall Cook Hoyer Moulton Stivers Vela´ zquez Yoder Speier Vela Yarmuth Cooper Hudson Mullin Stutzman Visclosky Yoho Stefanik Vela´ zquez Yoder Costa Huelskamp Mulvaney Swalwell (CA) Wagner Stewart Visclosky Yoho Costello (PA) Huffman Murphy (FL) Takai Walberg Young (AK) Stivers Wagner Young (AK) Courtney Huizenga (MI) Murphy (PA) Takano Walden Young (IA) Stutzman Walberg Young (IA) Crawford Hultgren Nadler Thompson (CA) Walker Young (IN) Swalwell (CA) Walden Young (IN) Crenshaw Hunter Napolitano Thompson (MS) Walorski Zeldin Takai Walker Zeldin Crowley Hurd (TX) Neal Thompson (PA) Walters, Mimi Zinke Takano Walorski Zinke Cuellar Hurt (VA) Neugebauer NOT VOTING—19 Thompson (CA) Walters, Mimi Culberson Israel Newhouse NOT VOTING—20 Cummings Issa Noem Becerra Graves (LA) Smith (WA) Curbelo (FL) Jackson Lee Nolan Capps Kennedy Webster (FL) Becerra Graves (LA) Rush Davis (CA) Jeffries Norcross Carney Kind Westmoreland Calvert Honda Serrano Davis, Danny Jenkins (KS) Nugent Clyburn McCaul Whitfield Capps Kennedy Smith (WA) Davis, Rodney Jenkins (WV) Nunes Cramer Palazzo Williams Carney Kind Webster (FL) DeFazio Johnson (GA) O’Rourke DesJarlais Richmond Clyburn McCaul Westmoreland DeGette Johnson (OH) Olson Duncan (SC) Rush Cramer Palazzo Williams Delaney Johnson, E. B. Pallone Duncan (SC) Richmond DeLauro Johnson, Sam Palmer DelBene Jolly Pascrell b 1900 b 1854 Denham Jones Paulsen So (two-thirds being in the affirma- Dent Jordan Payne So (two-thirds being in the affirma- DeSantis Joyce Pearce tive) the rules were suspended and the tive) the rules were suspended and the DeSaulnier Kaptur Pelosi bill, as amended, was passed. bill, as amended, was passed. Deutch Katko Perlmutter The result of the vote was announced The result of the vote was announced Diaz-Balart Keating Perry as above recorded. Dingell Kelly (IL) Peters as above recorded. Doggett Kelly (MS) Peterson The title of the bill was amended so A motion to reconsider was laid on Dold Kelly (PA) Pingree as to read: ‘‘A bill to amend title 5, the table. Donovan Kildee Pittenger United States Code, to protect unpaid Doyle, Michael Kilmer Pitts interns in the Federal Government f F. King (IA) Pocan Duckworth King (NY) Poe (TX) from workplace harassment and dis- FEDERAL INTERN PROTECTION Duffy Kinzinger (IL) Poliquin crimination, and for other purposes.’’ Duncan (TN) Kirkpatrick Polis A motion to reconsider was laid on ACT OF 2015 Edwards Kline Pompeo the table. The SPEAKER pro tempore (Mr. Ellison Knight Posey Ellmers (NC) Kuster Price (NC) NEWHOUSE). The unfinished business is Emmer (MN) Labrador Price, Tom f the vote on the motion to suspend the Engel LaHood Quigley rules and pass the bill (H.R. 3231) to Eshoo LaMalfa Rangel amend title 5, United States Code, to Esty Lamborn Ratcliffe EDEN PRAIRIE POLICE Farenthold Lance Reed protect unpaid interns in the Federal Farr Langevin Reichert DEPARTMENT AWARDS government from workplace harass- Fattah Larsen (WA) Renacci (Mr. PAULSEN asked and was given ment and discrimination, and for other Fincher Larson (CT) Ribble Fitzpatrick Latta Rice (NY) permission to address the House for 1 purposes, as amended, on which the Fleischmann Lawrence Rice (SC) minute and to revise and extend his re- yeas and nays were ordered. Fleming Lee Rigell marks.) The Clerk read the title of the bill. Flores Levin Roby Mr. PAULSEN. Mr. Speaker, I rise The SPEAKER pro tempore. The Forbes Lewis Roe (TN) Fortenberry Lieu, Ted Rogers (AL) today to honor the hard work and dedi- question is on the motion offered by Foster Lipinski Rogers (KY) cation of Eden Prairie Officer of the the gentleman from Utah (Mr. Foxx LoBiondo Rohrabacher Year Patrick Kenyon and the Depart- CHAFFETZ) that the House suspend the Frankel (FL) Loebsack Rokita Franks (AZ) Lofgren Rooney (FL) ment’s Civilian Employee of the Year, rules and pass the bill, as amended. Frelinghuysen Long Ros-Lehtinen Investigative Aide Pauline Sager. This is a 5-minute vote. Fudge Loudermilk Roskam Pauline has been with the Eden Prai- The vote was taken by electronic de- Gabbard Love Ross rie County Police Department for 36 vice, and there were—yeas 414, nays 0, Gallego Lowenthal Rothfus Garamendi Lowey Rouzer years and has proven herself as a tire- not voting 19, as follows: Garrett Lucas Roybal-Allard less advocate for the public. She is [Roll No. 35] Gibbs Luetkemeyer Royce known as an expert on financial fraud Gibson Lujan Grisham Ruiz YEAS—414 Gohmert (NM) Ruppersberger crimes. She has advised law enforce- Abraham Bishop (MI) Buchanan Goodlatte Luja´ n, Ben Ray Russell ment throughout Minnesota and helped Adams Bishop (UT) Buck Gosar (NM) Ryan (OH) bring criminals to justice. Aderholt Black Bucshon Gowdy Lummis Salmon Aguilar Blackburn Burgess Graham Lynch Sa´ nchez, Linda Patrick, a 9-year veteran of the De- Allen Blum Bustos Granger MacArthur T. partment, worked as a patrol officer Amash Blumenauer Butterfield Graves (GA) Maloney, Sanchez, Loretta and a juvenile investigator. Officer Amodei Bonamici Byrne Graves (MO) Carolyn Sanford Kenyon is known as a role model to Ashford Bost Calvert Grayson Maloney, Sean Sarbanes Babin Boustany Capuano Green, Al Marchant Scalise other officers, and he is always willing Barletta Boyle, Brendan Ca´ rdenas Green, Gene Marino Schakowsky to help his colleagues in their duties. Barr F. Carson (IN) Griffith Massie Schiff Mr. Speaker, our law enforcement of- Barton Brady (PA) Carter (GA) Grijalva Matsui Schrader Bass Brady (TX) Carter (TX) Grothman McCarthy Schweikert ficers keep our communities safe due Beatty Brat Cartwright Guinta McClintock Scott (VA) to the commitment of people like Pau- Benishek Bridenstine Castor (FL) Guthrie McCollum Scott, Austin line Sager and Patrick Kenyon. I thank Bera Brooks (AL) Castro (TX) Gutie´rrez McDermott Scott, David them both for their service to Eden Beyer Brooks (IN) Chabot Hahn McGovern Sensenbrenner Bilirakis Brown (FL) Chaffetz Hanna McHenry Serrano Prairie, and I congratulate them on Bishop (GA) Brownley (CA) Chu, Judy Hardy McKinley Sessions their recognition.

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.024 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H259 INTRUSION SOFTWARE AND THE RECOGNIZING WOMEN PILOTS I will continue to work in the House WASSENAAR ARRANGEMENT (Mr. ASHFORD asked and was given towards eliminating this disturbing be- (Mr. LANGEVIN asked and was given permission to address the House for 1 havior. permission to address the House for 1 minute.) f minute and to revise and extend his re- Mr. ASHFORD. Mr. Speaker, I rise marks.) today to recognize the important con- HELLFIRE MISSILE Mr. LANGEVIN. Mr. Speaker, secur- tribution women pilots have made to ing our networks from cyber attack is the service of our military in World (Ms. ROS-LEHTINEN asked and was a challenging task. One of the most ef- War II. These women deserve a proper given permission to address the House fective techniques is penetration test- military resting place. for 1 minute and to revise and extend ing, or turning hacking tools on one’s In 1942, Betty Grace Clements of her remarks.) own network to find weaknesses before Elmwood, Nebraska, entered into the Ms. ROS-LEHTINEN. Mr. Speaker, bad actors have a chance to exploit Women Airforce Service Pilots. Betty last week we were made aware of an ex- them. was one of only 1,100 women who had tremely serious security breach that Unfortunately, a rule proposed by the earned her wings to fly noncombat mis- resulted in the Castro regime taking Bureau of Industry and Security within sions to support the war effort. possession of a U.S. Hellfire missile. the Department of Commerce last May Betty’s job during World War II was It is reprehensible to think that has the potential to make it much to provide courier services for then- while the Obama administration con- harder to share existing tools and de- Colonel Paul Tibbets and his crew. ducted secret negotiations with a com- velop new ones, which could severely Colonel Tibbets and his crew were munist regime that had under its con- harm our national security and our training to fly the Enola Gay and bring trol sensitive U.S. military hardware, economic competitiveness. an end to the war. Betty was part of the White House negotiators chose to The rule was issued as part of the ad- the history. She helped end the war, do nothing about it. The State Depart- dition of ‘‘intrusion software’’ to the and she served Nebraska and her coun- ment has known about Castro having Wassenaar Arrangement, one of the try with honor. Hellfire missiles since June of 2004. Ap- principal international export control Betty passed away in 1965, but, under parently, what is the rush? regimes. Perhaps unsurprisingly, using today’s law, her ashes could not be Cuba continuously engages in mili- a 20-year-old framework—itself the added to the Arlington National Ceme- tary cooperation with our foes and successor of a three-quarter-century- tery. I think that is a shame. WASPs could easily share the missile or its old cold war agreement—to regulate have fought for proper recognition for technology with the Russians, Chinese, cutting-edge technology has proved dif- their service. I applaud Congresswoman or North Koreans to be used against ficult. However, I am very thankful for MCSALLY for her bill to give these our own national security. the Bureau’s willingness to reexamine women the recognition they deserve. An exhaustive investigation must be the initial proposal, and I am looking I thank Dr. Grace Clements, Con- held by Congress. I urge the adminis- forward to tomorrow’s Homeland Secu- gresswoman MCSALLY, and all women tration to hold accountable those re- rity hearing as an important step in pilots who have served. sponsible for diverting the Hellfire mis- the process to produce a final rule that I ask my colleagues to support this sile to Cuba, and to hold accountable allows defenders to test their networks important legislation. the criminal communist regime that before they are attacked. This is a bi- f still refuses to return this sensitive partisan hearing tomorrow, and I look technology to us and continues to un- HUMAN TRAFFICKING AWARENESS dermine our interests. forward to tomorrow’s hearing. MONTH f (Mr. THOMPSON of Pennsylvania f RECOGNIZING MARGARET asked and was given permission to ad- NORTH KOREA NEEDS DISABLING DUNLEAVY dress the House for 1 minute and to re- (Mr. BISHOP of Michigan asked and vise and extend his remarks.) (Mr. LAMALFA asked and was given was given permission to address the Mr. THOMPSON of Pennsylvania. permission to address the House for 1 House for 1 minute.) Mr. Speaker, I rise today in recogni- minute and to revise and extend his re- Mr. BISHOP of Michigan. Mr. Speak- tion of National Slavery and Human marks.) er, I rise today to reflect on the career Trafficking Prevention Month, which Mr. LAMALFA. Mr. Speaker, this of an outstanding public servant in my is intended to draw attention to a prob- week the House will take up new sanc- district, Margaret Dunleavy. Mrs. lem which is sadly still a concern tions on North Korea in response to Dunleavy retired on December 31, 2015, across this Nation and across the their nuclear weapons test last week. after serving as the Livingston County globe. This measure will prevent those facili- clerk for 19 years. According to the National Human tating their nuclear weapons program In her capacity as clerk, Mrs. Trafficking Resource Center, authori- from entering the United States. It Dunleavy has been responsible for over- ties have investigated more than 500 sanctions financial institutions and seeing elections in the county, as well cases of suspected human trafficking seizes assets in order to halt North Ko- as maintaining vital records and all just in Pennsylvania since 2000, includ- rea’s nuclear weapons program. the circuit court records. She was first ing 75 cases reported in 2015 alone. The steps we are taking reflect the elected in 1996, and the voters of Liv- Human trafficking has been called type of approach we should also be tak- ingston County chose her for their one of the fastest growing criminal in- ing with Iran. Rogue states, like Iran clerk in four additional elections. dustries in the world. The statistics and North Korea, cannot be trusted to Her role as county clerk was not Mrs. and recent reports indicate that these respect international agreements and Dunleavy’s first public service experi- types of cases are on the rise across must be coerced into giving up their ence. She previously served as Hart- Pennsylvania, including those involv- nuclear weapons ambitions. Only when land Township clerk and deputy clerk. ing victims who are still teenagers. Iran and North Korea feel the financial Mrs. Dunleavy will be remembered as I greatly appreciate the work of orga- impact of our sanctions will they a hardworking, professional, ethical, nizations in Pennsylvania’s Fifth Con- change course. and highly qualified clerk. I am thank- gressional District and across the Iran and North Korea are also na- ful to have had the opportunity to State in assisting those hurt in human tions that both threaten key allies and work with her. I wish her all the best trafficking. friends of the United States. The sanc- in her retirement. Last year, I supported the Justice for tions we are contemplating are an im- Mr. Speaker, I am honored to rep- Victims of Trafficking Act, which was portant reminder to the world that the resent such a dedicated public servant signed into law by President Barack United States will not look the other in Michigan’s Eighth District. Obama. This legislation is aimed at ad- way when reckless and aggressive re- Thank you, Mrs. Dunleavy, for your dressing the rise in human trafficking gimes pursue the most deadly weapons commitment to Livingston County. and to improve services for survivors. in the world.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.045 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H260 CONGRESSIONAL RECORD — HOUSE January 11, 2016 b 1915 In addition, he has provided for data am going to step up and serve my coun- ONLY OUTLAWS WILL HAVE GUNS collection, for the FBI to redo and to try. I am going to do that as a pilot. I make more certain the inspection or am going to do this with honor and (Mr. WILSON of South Carolina the review of someone who is trying to with valor,’’ just like their male coun- asked and was given permission to ad- get a gun. terparts did in these very same mis- dress the House for 1 minute and to re- Mr. Speaker, let’s look logically at sions before them, alongside them, and vise and extend his remarks.) what the President has offered, and then after them. Mr. WILSON of South Carolina. Mr. let’s not get in the way. Let’s try to Thirty-eight of them died in training Speaker, on the very evening the Presi- help stem the tide of gun violence so or in conducting missions. Thirty-eight dent held a town hall calling for in- that our officers, as well, are not in the of them paid the ultimate sacrifice. creased gun control, Philadelphia Po- line of fire. They weren’t even given veterans’ ben- lice Officer Jesse Hartnett was shot at f efits or any benefits after perishing in 11 times. None of the President’s pro- the line of duty, but they still contin- WOMEN AIRFORCE SERVICE posals would have prevented the at- ued to serve because their country PILOTS tack. needed them. More gun control will not stop crimi- The SPEAKER pro tempore (Mr. It was not until 1977 that they were nals. The attack was carried out with a HARDY). Under the Speaker’s an- actually given veteran status after the stolen police pistol. It will not stop the nounced policy of January 6, 2015, the fact. They were then given honorable mentally ill. The shooter complained gentlewoman from Arizona (Ms. discharges. They were given the medals of hearing voices. More gun control MCSALLY) is recognized for 60 minutes that their male counterparts got for will not stop terrorists. The attacker as the designee of the majority leader. serving as Active Duty in the military. shouted his support for ISIS. GENERAL LEAVE They were allowed to be buried, with To reduce shootings, we must enforce Ms. MCSALLY. Mr. Speaker, I ask honors, in veterans’ cemeteries across current laws, reform mental health unanimous consent that all Members the country and were given full mili- laws, and defeat Islamic terrorists have 5 legislative days in which to retary honors, which they deserved. overseas. They should update the age- vise and extend their remarks and to They were actually allowed, as they old bumper sticker from, ‘‘If guns are include extraneous material on the should be allowed, to be in Arlington outlawed, only outlaws will have guns’’ subject of my Special Order. National Cemetery, alongside other he- to, ‘‘If guns are outlawed, only outlaws The SPEAKER pro tempore. Is there roes who have gone before them. Yet, and terrorists will have guns.’’ objection to the request of the gentle- we just found out within the last few The only positive outcome of the woman from Arizona? weeks that that has been rescinded by Philadelphia attack is to identify a There was no objection. the Department of Army. new American hero, Jesse Hartnett, Ms. MCSALLY. Mr. Speaker, I rise to That happened quietly back in March who demonstrated the extraordinary talk about a very special group of of 2015 to these heroes, who deserve to professionalism of America’s law en- women who were mentors to me and be recognized and who deserve to be a forcement as recognized last Saturday who were pioneering heroes of our legacy in Arlington National Cemetery during National Law Enforcement Ap- country. These women were the Women so that future generations will know preciation Day. Airforce Service Pilots, the WASPs. what they did and will know of the In conclusion, God bless our troops, Some people don’t know that much doors that they opened in the way that and may the President, by his actions, about them, but here is a picture of they served. It was rescinded by the never forget September the 11th in the them as they flew airplanes in the Army. global war on terrorism. World War II era. When we needed ev- We didn’t know about this until Releasing terrorists from Guanta- erybody to serve in whatever capacity Elaine Harmon, one of the WASPs, namo will allow mass murderers to se- one could in our country, they needed passed away. I saw her handwritten cure guns to kill American families. women to step up and become pilots in will when I me with her family last f order to do all sorts of different mis- week. It reads, ‘‘I desire to be in Ar- sions, like towing targets for the gun- lington National Cemetery. I want my THE PRESIDENT’S PROPOSALS ON ners on the ground to learn how to ashes there.’’ GUN VIOLENCE shoot things down, like training men Her family put in the request like ev- (Ms. JACKSON LEE asked and was to go on to fly in combat, like ferrying erybody else does, and they were de- given permission to address the House airplanes all over the theaters to denied. We now found out that the Army for 1 minute.) liver them where they needed to be in has rescinded that and that it is no Ms. JACKSON LEE. Mr. Speaker, I the combat zone and bringing them longer allowing these pioneering rise with a sense of concern, of sadness, back for maintenance. They were test women to be laid to rest in Arlington. and, also, of relief regarding the hei- pilots and engineers. You name it. Elaine Harmon’s ashes are sitting on nous shooting of the Philadelphia po- These women were asked to step up a shelf in a closet in her grand- lice officer. I am grateful that he man- and serve. They went through training. daughter’s home, awaiting her final aged to survive, that he is in the hos- They put on the uniform. They lived in resting place in Arlington, which she pital, and that he is healing. We wish the barracks. They learned how to deserves. The Army gave us some bu- him and his family well and that he, as march. They were pioneers for women reaucratic answer about, oh, they are well, will heal. like me, who later on served as avi- running out of space, and, by mistake, I think it is important to note that ators in the military. they opened it up. we need to look at the rage of gun vio- There are just a little over 1,000 of In 2002, they actually allowed women lence from a sensible and logical per- these amazing women who served in to be in Arlington. Only two women spective. Yes, the President’s proposals World War II. They weren’t given Ac- took advantage of this and asked to be, would have had an impact on this tive-Duty status, although that was in their own right, in Arlington. Then crazed, allegedly ISIL-inspired indi- the intent of General Arnold when they the Army turned around and rescinded vidual who had no direct contact with set up this program. it. Again, they gave some bureaucratic ISIL, who had not been to the caliph- If you think back then, the thought answer. ate to fight, and who, unfortunately, of having women military pilots was a They are on the wrong side of this. had a previous criminal record. little bit of a cultural hang-up. We will We have looked into all of the legal- How would the proposals do so? let women be Rosie the Riveter, and we ities. The Army has all of the authori- First of all, it was a stolen gun. The will let women serve in support posi- ties that they need to allow these he- President has suggested there be 200 tions. But pilots? Now, that is kind of roes to be laid to rest in Arlington, but more ATF officers to enforce the law. crazy talk. they are choosing not to do so. He has provided $500 million for mental So they had a little bit of a problem We have introduced legislation. We health resources, and this individual culturally, but they didn’t care. They are going to make sure that it happens, suffered from that. chose to serve anyway. They said, ‘‘I but we are calling on them to actually

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.048 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H261 change it tonight. Right now, the Sec- In 2009, as I mentioned, the WASPs That was certainly true of these retary of the Army or the Secretary of were awarded the Congressional Gold WASPs, whose family members worried Defense or the President could tonight Medal for flying military missions in about them and were concerned about say: Do you know what? Elaine Har- World War II. Boy, even when they them as they carried on with their du- mon and the other WASPs—there are were here, they were just a strong ties as forcibly as they did. only a little over 100 who are still liv- group of women who delighted in see- Let’s send that message. Let’s con- ing—are going to be allowed to have ing one another and in reminding tinue to work hard. I know that the their ashes in Arlington National Cem- themselves of the amazing stories that WASPs are also planning a museum to etery alongside other heroes. This is they brought. honor them and to make sure that the the least they could do, and they could More than anything else, they serve country never forgets the work that do it tonight. today as great role models to women they did because it was necessary. So I am leading the Special Order to- who were considering going in the Air Had they not been there to do that night. This is a bipartisan Special Force, of course, and in the Navy, fly- work, many, many people would not Order. This is bipartisan legislation, ing for our country, but, also, for tak- have received the materials. Whatever and it is bicameral. When we raised ing on some remarkable challenges in it was, they were making sure that it awareness of this issue and got the leg- their lives. They really represent that got to our fighting warriors during islation together, we had nearly 80 for all of us. World War II. They fought, of course, and they died sponsors right away on this bill who b 1930 said: Let’s change this thing. in service to their country. They Today the Senate introduced a simi- trained in military style. They slept on I am so delighted that my colleague lar bill, and we are going to work to- metal cots like everybody else and is choosing to move forward with this. gether to get this thing done. We want marched and lived under military dis- I want to turn it back to her, and I to continue to raise awareness to this cipline. That is why we feel they de- know that there are other colleagues of issue, this egregious violation of these serve the full honors that we give our mine over here that would like very women. We want this thing changed war heroes. much to join in this. now. It takes a little bit of time some- As has been mentioned, they were Ms. MCSALLY. Thank you, Congress- times around here to work through leg- given those honors, but because we woman DAVIS. I really appreciate your islation. have a problem of space, it was decided partnership on this issue. Together we In the meantime, Elaine Harmon’s that perhaps they were not at the top can show the American people that we ashes are sitting on a shelf in a closet. of the list. We need to be sure that we can be united on these things that mat- That is not the way we treat our he- provide for everyone who needs to be ter to support our veterans and support roes. That is not the way we treat our there. our heroes and, again, put the pressure There are many WASPs who may not pioneers who paved the way for mili- on the administration that we have necessarily choose to be at Arlington tary aviators, like me, to be able to oversight of to actually fix this wrong National Cemetery, but for those who serve in the way we did, and it needs to right now. I really look forward to con- have chosen in working with their fam- be changed tonight. tinuing working with you on it. ilies—and their families have fought We have a number of individuals here I yield to the gentleman from Maine hard for them—this is something that on both sides of the aisle who are going (Mr. POLIQUIN), who is joining this dis- we need to do. cussion as a cosponsor on the bill, very to be sharing this time with me to- I want to particularly mention—and strongly supporting this initiative. night. I first yield to my good friend I thought this was really fun to read— Mr. POLIQUIN. Mr. Speaker, I thank and colleague, the gentlewoman from one of the articles about these WASPs. the Congresswoman. California (Mrs. DAVIS), who is the lead This is Eddy, who is saying, ‘‘I I don’t think it much matters if you Democratic cosponsor of this bill. thought it was the nastiest thing that Mrs. DAVIS of California. Thank you they’’—speaking of the Army Air are a man or you are a woman, but you so much. Forces officials—‘‘could have done to serve in the United States military. I am so glad that my colleague from us.’’ This was while she was receiving Anybody who has stood up for this Arizona is here to speak to this. She is visitors at her home in Coronado. country to protect our freedom, pro- very uniquely qualified to do that as ‘‘They fired us. They gave our jobs to tect our way of life, protect our kids, one of the first women pilots—or the Air Force men who didn’t want to go they should receive the full benefits, first—to actually fly in combat. overseas. I would have gone overseas in the full honors of anybody who served As I remember, the women who a minute,’’ she said. ‘‘I was a (heck of) in uniform. joined us a few years ago here in the a good fighter pilot.’’ Now, tonight, as Congresswoman Capitol who were part of the WASPs In my community of San Diego, in El MCSALLY said, we can fix this. There is were here to receive Gold Medals for Cajon, I also have a woman named absolutely no reason whatsoever why their heroic acts during the war and for Joyce Secciani, who perhaps was not as the Pentagon should, for some reason, really coming forward and being part forthright as Eddy. say there is no room at Arlington. Are of that volunteer band of women who But despite some fading memories, at you kidding me? had had some experience in flying, but 87, she still shares Vivian’s passion for Over 1,000 of these brave, patriotic who could not have imagined in their the WASPs and her disappointment women, during a time where, as Con- wildest dreams doing what they were with its demise. She was also one of gresswoman MCSALLY and Congress- asked to do, but they were delighted to the 1,102 women who flew in the all-vol- woman DAVIS mentioned, they were do it. unteer program between 1942 and 1944. not always welcomed in doing what As I will share, they actually wanted She remarked, ‘‘All of us felt bad to men were doing, they stood up, they to do more, but there were some other lose (our flying jobs)—all of us wanted stood up and they left their homes and people who took over and asked them to keep up our ability to fly,’’ because they left their families. They did what to go home and enjoy their lives after they knew that, with prevailing chau- was right. They served this country they had given so much. So I am just vinistic attitudes, there would be no pi- with honor, with dignity. They flew 78 delighted to join in this effort and to lots’ work for them in the civilian different types of aircraft all over the right this injustice for military trail- realm. world. Over 60 million miles were blazers who were truly ahead of their We need to be sure that we don’t lose logged. Look at this picture. time. our perspective about the work that I salute you, Congresswoman, for When the call came to serve in World these women did and that we honor bringing this before us. War II, the WASPs answered that call them in this way, that we honor them Now, do you think any of these just like millions of other Americans. and their families who supported them WASPs were saying, ‘‘Well, I don’t They logged over 60 million miles in as well, because we know, with all of know, we just can’t get this done, we over 12,000 aircraft. As my colleague our military families, it is not just the just can’t perform this mission, I am has said, 38 WASP women died while person who serves, but it is the entire sorry’’? Well, the Pentagon needs to serving their country. family who serves as well. step up right now. They need to find a

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.049 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H262 CONGRESSIONAL RECORD — HOUSE January 11, 2016 way to make sure, if these WASPs patriotism. Again, I am proud to sup- gave these patriotic women their want to be interred at Arlington, they port Congresswoman MCSALLY’s efforts much-deserved veteran recognition. should be. to reinstate their interment eligibility In 2002, Arlington National Cemetery Now, some of the missions that these in Arlington National Cemetery. With- decided to allow WASPs, among others brave women flew on included trans- out these women, some of whom made listed as Active Duty designees, to reporting these vehicles all around the the ultimate sacrifice for our country ceive benefits consistent with the sta- world. You know what they also did? in one of its greatest times of need, our tus that they had so rightfully earned. They towed targets for men on the Nation would not stand where it does However, the Department of the Army ground that were practicing artillery. in the world today. We are indebted to recently rescinded this decision and Did you hear one of these WASPs com- them for their service. made these brave women aviators of plain, ‘‘Gee, I hope that these men will The very least that we can do, Mr. World War II ineligible for burial at hit the targets instead of us’’? Speaker, is to honor them with the dig- Arlington National Cemetery. The least the Pentagon can do is to nity and the respect that they have As the author of the legislation—and take this seriously, listen to the will of earned and so deserve. We have got to the gentlewoman and I have talked the people, and make sure that these see this policy reversed. I know that we about this repeatedly—awarding brave women are so honored by being will. It is a bipartisan effort. I am WASPs the Congressional Gold Medal interred, if they wish, at Arlington. proud to join with my colleagues on in the year of 2009, I am honored to Now, one of these humble American both sides of the aisle in raising atten- stand with my friend and colleague, heroes is a woman by the name of tion to this issue and insisting that we Congresswoman MARTHA MCSALLY, a Betty Anne Brown, who very recently ensure that these brave female aviators true patriot in her own right, to ensure passed away at age 92. Now, wouldn’t of World War II, again, who embody the that the WASPs have the right to have she be proud of all of us today standing courage and resiliency and patriotism these services alongside the rest of our up and asking that our country, that that this country so admires and that war heroes. These patriotic women the Pentagon does the right thing? we are grateful for, and that we see selflessly helped defend our country. I salute Ms. MCSALLY for her leader- that they are properly given the honor They deserve full military honor. ship on this issue. The Pentagon can do that they deserve. I am humbled and proud to represent what is right today. As you mentioned, Again, I want to thank Congress- south Florida, and I would like to in- Congresswoman, legislation is not woman MCSALLY for shedding this form the gentlewoman that this has needed if our Commander in Chief or light on this misguided injustice. been home to some of these remarkable the folks who run the Pentagon stand Ms. MCSALLY. Mr. Speaker, I thank heroine women. I am going to mention up and do what is right. These women deserve every right to Mr. LANGEVIN. some of their names: Frances Rohrer Again, I appreciate your support on be buried at Arlington if they so wish. Sargent, Helen Wyatt Snapp, Ruth Thank you very much, and I am hon- this bill and your friendship over the Schafer Fleisher, Shirley Kruse, and ored to cosponsor this bill. years. I look forward to working to- Bee Haydu. Some are with us, and Ms. MCSALLY. Mr. Speaker, I thank gether to getting this mission done and some are no longer with us. Some are Mr. POLIQUIN. I really appreciate his then additional things in the future. not in great shape because they served strong support and strong words in sup- Thank you so much for your strong in World War II. It is happening port of this effort here. support for our heroes. throughout our Nation where we see I yield to the gentleman from Rhode I yield to the gentlewoman from our finest passing away. Island (Mr. LANGEVIN), my good friend. Florida (Ms. ROS-LEHTINEN). She has In this time of great challenges to I think back to how many years ago it been a strong advocate, as others who women, those women that you have was this week, actually, when I was have spoken today, for the WASPs and there before us, they pushed beyond your guest at the State of the Union especially the push for the Congres- the boundaries. They brought new op- Address. So I have appreciated your sional Gold Medal. I am just honored to portunities for women to come. support to me when I was in the mili- have you as a cosponsor and a strong My daughter-in-law, Lindsay, she tary and the fights that we had to advocate on this bill. flew combat missions in Iraq and Af- make sure that women were treated Ms. ROS-LEHTINEN. I am so ghanistan for the Marines, but she fairly and, also, your strong support on pleased, so honored, so humbled to be would not have been able to do so with- this particular effort. part of your Special Order. In the short out the women who came before her. Mr. LANGEVIN. Mr. Speaker, I time that you have been in Congress, Just as you are a pioneer—to the gen- thank Congresswoman MCSALLY for you have been a real leader on so many tlewoman I say thank you for your pa- yielding. I want to thank her for bring- important issues, and I think none as triotic duty—but you stand also on ing our attention to this important important as the one that you are their shoulders. These pioneers fought issue this evening. spearheading today. for the values of freedom and democ- I am proud to serve with her on the I rise today to support you in your racy. It is our duty to ensure that they House Armed Services Committee. I mission to give due recognition to the are not denied the recognition for their know she is very proud to represent the Women Airforce Service Pilots, other- service. people of Arizona in the Second Con- wise known as WASPs, not the other We shouldn’t be begging for this. gressional District there. WASPs that you know about. These are With the valiant efforts of these Amer- I might make note that Ms. the real ladies that got the job done. ican heroines, the United States and MCSALLY’s roots are from my home They are a remarkable group of women our allies were able to successfully de- State of Rhode Island. She and I grew who served our country proudly during feat the Axis Powers during World War up in the same neighborhood, and I am World War II. II. proud to have worked with her on sev- As you heard from the other speak- I thank you, Congresswoman eral issues since she has arrived in Con- ers, our country turned to female pi- MCSALLY, for introducing this impor- gress. I was proud, again, back then to lots to deliver planes to our military tant legislation that would make the have her as my guest to the State of air bases overseas, tow targets for live Women Airforce Service Pilots eligible, the Union Message as she mentioned. antiaircraft artillery practice, and sim- once again, for the services in Arling- Again, I thank you for raising this ulate strafing missions. They became ton National Cemetery with full mili- important issue. I find it completely the first women in U.S. history to fly tary honors. I agree with you that we disheartening that the Women Airforce for our proud military. don’t need the legislation; that to- Service Pilots have been denied inter- Out of more than 25,000 women who night, the Secretary of the Army could ment in one of our Nation’s most sa- applied for the program, only 1,704 were do the right thing, as he had done be- cred national burial grounds where we accepted in noncombat roles. These fore, sign the order making this hap- honor our men and women who have courageous American women logged in pen. served. more than 60 million miles between We will continue the battle in their These brave female aviators of World 1942 and 1944, but it wasn’t until 1977 names. Thank you so much to the gen- War II embody courage, resiliency, and that Congress passed legislation that tlewoman. Thank you for spearheading

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.051 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H263 this effort. Thank you for taking this a chip on their shoulder. They were would be offended by the Army rescind- on. You are a valuable member of this grateful for the opportunities that they ing this particular—how should I say institution. Thank you for the time. had. They laughed off some of the chal- it?—action. Ms. MCSALLY. I want to thank the lenges that they went through. They I just wanted to come and thank you. gentlewoman from Florida. As soon as just started encouraging me, ‘‘Come I want to thank my colleague SUSAN I mentioned it to ILEANA, she was like: on, you can do it. We did it.’’ I just was DAVIS and all of my colleagues who This is wrong. We have got to get in- able to kind of get back in there and have been on the floor. I did not want volved. We have got to fix this. continue to push forward because of to miss this opportunity. So I appreciate your strong advocacy what they did before me to open up the Coming from Texas, I think, as I before I got here, and your continued doors for me. walk down the streets of Houston or advocacy as a wingwoman in this Ms. JACKSON LEE. Will the gentle- travel throughout the State of Texas, I cause. woman yield? see veterans and Active Duty every- You know, for the WASPs in this Ms. MCSALLY. I yield to the gentle- where. We are proud of that. In urban story and this cause, it is not just the woman from Texas. centers like Houston, you would think right thing to do for the country. For Ms. JACKSON LEE. Obviously we not, but they are dominant there. me, it is also personal. These women share a compassion and passion for Just this past Christmas, we had opened the door for me to be able to be these wonderful women. We also serve what we call Toys for Kids and honored a pilot in the Air Force and, when the on the Committee on Homeland Secu- veterans’ families. This is an impor- doors were opened, to transition to be rity together. tant mission, and I want to join you in a fighter pilot in the Air Force. First of all, let me thank you for this mission. We have gotten our as- I will be honest with you, I didn’t your service and thank you so very signment. We really need to work. I hear about them when I was in high much for bringing this very important think the American people need to school. This is one reason why it is so issue, this bipartisan issue to the floor know that all of us will join together important that we allow them to be of the House and certainly to your col- to honor either our veterans, our fallen laid to rest in Arlington, so that it is leagues. I am looking forward to work- soldiers, or those who were the pio- part of the education for future genera- ing with you on this issue. neers who I know the story of, who tions. I just want to say that one of my stood when they were called and did It wasn’t until I went off to the Air greatest joys in the United States Con- not step away from duty, did not step Force Academy that I actually learned gress was the military war zones that I away from the danger, did not step about the WASPs and learned about had the chance to go to, starting with away from possible death as they pur- what they did. I just didn’t even imag- the Bosnian war. I came in in that sued the cause of this country and to ine that we would have women mili- timeframe and traveled to that area, protect this country. Kosovo and Albania, and then, of tary pilots in the 1940s in World War II, I thank you for yielding to me. course, Iraq and Afghanistan and cer- but we did. I am ready to roll up my sleeves. I got to meet some of these amazing tainly a number of other sites where issues of conflict were going on. Let’s get busy. Let’s help find a resting women when I first came to Tucson to place for this dear sister and servant of fly the A–10 Warthog, started my train- There I saw a myriad of women who stood on the shoulders of these women, the Nation. Let’s find a resting place ing. There were several of them that going forward for all of those who have lived in southern Arizona, and I got to who are now in a variety of the branches, not just aviators or in the served this wonderful and great coun- become friends with them, and they be- try. They deserve it. came mentors to me and encouragers Air Force in particular, but they stood Ms. MCSALLY. I thank the gentle- to me. on the shoulders of these women. It woman from Texas for joining the con- As the doors were opening up for us gave me a sense of pride and duty to versation tonight, again, to continue to transition into fighters, there was say to them, ‘‘Thank you.’’ to highlight this egregious action that hardly anybody we could really look to Women are unique. Many of them are was taken that is putting our heroes in who understood what it was like to be mothers or sisters and daughters who a place, especially Elaine Harmon, in challenging circumstances where are in the service, or they take care of right now, where she has nowhere to be you are the only woman. People have children, or they are nurturers for able to rest in peace. The place that attitudes about whether you can or someone else. We have a particular she wanted to be is denying her, even cannot or should or should not do what role, but yet they are in the military though her service and the criteria are you are doing as an aviator. But these leaving their families. very clear that she has earned that women understood that. They put up Just coming in today, I read an arti- right. with the same biases and the same dis- cle about the ranger who is from my crimination as they served. They flew constituency who just came out of I really appreciate you joining this in World War II. ranger school and is from Houston. I bipartisan mission. We are not going to As I was looking around for someone simply want to say, this is the right rest until the mission is complete. I to have as a role model, these women thing to do. want to thank the gentlewoman for were incredible friends to me and sup- Every year—and I think you have that. porters and wingwomen to me. joined us now as you have come to Con- As I was mentioning, this isn’t just Here is one picture I want to show gress—we go on Memorial Day week to the right thing to do, but this is per- you. This is Ruth Helm, one of the Tuc- Arlington and lay a wreath for women sonal for me. As I transitioned into son residents who, sadly, made her who died in the line of duty or in the fighters, these women, these pioneers final flight over the last year. This is service of their country. Does anyone who opened up the door for me to even when she was inducted into the Ari- realize the numbers of women? We have have the opportunity to become a zona Aviation Hall of Fame. This is a been doing this now for more than a fighter pilot, they mentored me. They picture of the two of us in civilian decade, and the women of the House walked alongside me. They encouraged clothes as she was inducted there. join us. They do that because this is a me. They gave me some perspectives valuable part of America’s history. from their own training and their own b 1945 To the lady, the aviator that now, I experiences. They made me laugh. These women paved the way for me, wouldn’t say languished, but is with They made me cry. They were friends but they encouraged me. Even at my her granddaughter, her ashes are with who just paved the way for me. most challenging times, when I was her granddaughter, I want to make a You think about the debates we have feeling discouraged, I would sit down public commitment joining you to say had in this body over the years. I with them, and they would just fire me that her ashes should be in a place mean, women couldn’t be pilots again up to live to fight and fly another day. where she can rest in peace. We should in the military until, the late 1970s or Despite the fact that they were told move this quickly. If it requires an early 1980s, they finally opened up the to leave the military after all they did, independent action by the Army, a re- door for women to be pilots. But they they still were proud. They didn’t have consideration, I am sure none of us could only serve in noncombat roles.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.052 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H264 CONGRESSIONAL RECORD — HOUSE January 11, 2016 When they had that debate, that crimination against these amazing pio- the President—perhaps he could an- didn’t have to be theoretical or hypo- neers. It needs to be overturned imme- nounce it in his speech tomorrow thetical. They had the example of these diately. This is the right thing to do night—that one of the legacy things amazing women who did what they did for Elaine Harmon and for the other that we are going to do for our heroes, in World War II—again, over a thou- women who are still living. There are for our pioneers, for these amazing sand of them, under extraordinary cir- about 100 of them who are still with us; women, is to allow them to be laid to cumstances, flying by themselves, and for the next generations who need rest in Arlington National Cemetery. often just trying to figure it out in bad to know about their service, they de- We owe it to them. They paved the way weather and how they were going to serve to be laid to rest next to the as trailblazers. We owe it to them to be land and dealing with emergencies and other heroes who are there. able to rest alongside the other heroes clearances and just doing what it took The Secretary of the Army has all and to be able to continue to educate in order to get the mission done, get the authority he needs to let Elaine the next generations about their leg- the plane where it needed to be, train Harmon’s ashes be in Arlington. Let’s acy. the men to go off and fly in combat, be clear. This does not take legislation. All I will say to the WASPs is: I have tow the targets, do the simulated straf- He has all the authority he needs to got your back. You had mine, and I ing runs, all the test piloting, every- make that happen tonight. If he won’t have got yours now. It is the right thing, to include risking their lives. do it, the Secretary of Defense can. If thing to do. Thirty-eight of them died. he won’t do it, then President Obama Mr. Speaker, I yield back the balance This is personal to me. These three can. We should not wait another day, of my time. women pictured in this photo—Dawn Mr. Secretary, Mr. President, before f Seymour, Eleanor Gunderson, and making the decision and calling on EGYPT TALKING POINTS Ruth Helm—they are sitting in this Elaine Harmon’s family and saying, ‘‘It photo in the front row of the change of is approved. Elaine can rest in peace in The SPEAKER pro tempore. Under command ceremony that I had where I Arlington National Cemetery,’’ which the Speaker’s announced policy of Jan- took over command of an A–10 fighter is what she deserved and what she uary 6, 2015, the gentleman from Iowa squadron, which was an historic day for asked for. We should not be lingering (Mr. KING) is recognized for the re- our country that we finally had a another day. mainder of the hour as the designee of woman doing that. It was an historic As we continue to call on the admin- the majority leader. day for me to be able to take command istration to do the right thing, we are Mr. KING of Iowa. Mr. Speaker, it is of a squadron. I invited them and asked not going to sit by idly. We have got my honor and privilege to be recog- them to sit in the front row. I honored our legislation introduced. We have got nized to address you here on the floor them in my change of command speech almost 80 cosponsors in the House. We of the House of Representatives. because I wanted to make sure that ev- have got a Senate version of the bill I thank the gentlewoman for yielding erybody there knew that I only had the that was introduced today, led by Sen- and for her presentation here tonight opportunities that I had in the mili- ator MIKULSKI and Senator ERNST, also and the collection of people who came tary because they paved the way. a bipartisan bill. We are going to con- down to support her initiative and her These three women are personal tinue to push this forward to make this agenda. friends of mine. Two of them have right for our heroes, these Women I thank the men and women who since had their final flight. Dawn Sey- Airforce Service Pilots, these WASPs. have stepped up and put on the uniform mour is still with us, but the other two It is the least that we could do for all and actually those, also, who have have passed away. We have to keep they have done for us. risked their lives who were not for- their legacy going. We have to make The last thing I want to say before I mally wearing the uniform to defend sure the next generations know how close out is that this just seems to be our country. they served with honor at a time when a cruel irony and a cruel contradiction I am one who, I think you know, Mr. the country needed them. We have to if you think about it. Just last month, Speaker, has great reverence for our make sure that Elaine Harmon and any the Pentagon announced that they are constitutional values and the pillars of of the other WASPs who want to have opening up, finally, all positions in the American exceptionalism, the their ashes in Arlington Cemetery are military to women. It has been a long underpinnings that make this a great allowed to do that. road to get to that place. I have been a nation. One of the things that we have Let’s be clear. The only reason these strong advocate for that happening for been able to do as a great nation is be women were not considered Active a very long time. able to inspire others. Duty at the time was because of gender We are a country that is about equal If we look around the world, there biases and discrimination against opportunity. We are a country that are those who think that the only women. That is the only reason. Had treats people as individuals. Our foun- thing that could happen that is good to they been a man doing those jobs, they dations are based on not treating peo- somebody is if we just bring them into would have been Active Duty in the ple as a class. We should always, and in America and give them access to our Army Air Corps; they would have been the military as well, pick the best man welfare benefits and maybe they will discharged honorably; and under the for the job, even if it is a woman. become good Americans and all will be current guidelines, they would have It has been a long haul to get over right with the world, but I don’t know been eligible to have their ashes at Ar- our biases as a country about what we if they have done the geography very lington. The only reason they were not think women as a whole group could or well, Mr. Speaker, and recognize that Active Duty at the time was because of should do in service to our military. we can do a lot more good by helping gender discrimination. Gradually, positions have been opened. people where they are so that they can Now this is 2016. It is time for that to Gradually, women have continued to help themselves. stop. We thought it was over in 1977 show that, when called, they will serve One of the most important things we when we finally retroactively gave valiantly and with honor. They will can do is not send the wealth of Amer- them that veteran status. They were fight and they will die, if needed, for ica over to give people money and food given those honorable discharges and our freedoms and our liberty. and housing. That goes on from time to the medals that they deserved from At the time that the Pentagon is time, and there is a good number of serving in World War II. We opened up opening up all positions to women in times it is very well justified. But the the door for them to have military the military that they are qualified best thing we can do is inspire others honors and to be laid to rest in veteran for, they are closing the doors to Ar- to live and model after the freedom of cemeteries around the country. lington for the pioneers who made that the United States of America. Then Arlington Cemetery opened up the happen. That is a cruel hypocrisy and they can help themselves, Mr. Speaker. doors to them finally—a little late, but contradiction, and it needs to be made I think of a time I sat down with sev- in 2002. Last March, without telling right tonight. eral Ambassadors to the United States anybody, they quietly rescinded that. So again, I call on the Secretary of from Israel. We had a meeting over It was just the last slap of gender dis- the Army, Secretary of Defense, and here in a room just off the House floor.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.054 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H265 They were explaining to me that they But, in any case, the short history speaking from hands-on, eye-to-eye ex- had adopted Hebrew as their official and the most recent history of Egypt is perience in talking with the Egyptian language. They did that, I believe, in really astonishing. I point out that it people and some of their leadership and 1954. They formed their country in 1948. seems as though our administration some of their press. They say to us: ‘‘Why does President b 2000 has missed the importance of this. So, Mr. Speaker, I will just go Obama support the Muslim Brother- And I said: ‘‘Why did you establish an through some of the history of Egypt hood?’’ That is a bit of a tough ques- official language and why did you res- as we commemorate and congratulate tion and is a hard one to rebut when urrect essentially a dead language’’— them for convening their Parliament they are seated in the front row at Al- Hebrew—‘‘that had not been used in now under a legitimized constitutional Azhar University. common discourse or business or poli- government of the sovereign nation- Well, this brought about a significant tics’’—except for prayer—‘‘for 2,000 state of Egypt, a country that we need amount of unrest. It contributed to the years?’’ to expand and strengthen our relations unrest, is probably a more reasonable And they said they saw the success of with and a country that can be a cen- way to describe this, Mr. Speaker. As the United States with the common tral player in stabilizing the insta- the unrest grew in Egypt, we also heard language that we have. English is our bility all throughout the Middle East. messages coming out of the State De- common language. It is important that Egypt be a sig- partment. They wanted a common language for nificant component of that effort that For example, then-Secretary of State Israelis. They wanted something that is going forward not just in this admin- Hillary Clinton made a statement very would be unique, something that would istration, but into the next administra- similar to: Mubarak needs to be gone bond and bind them together, because tion and for a long time. yesterday. And so the push from the they had seen the successful model Back in 1981, President Mubarak Obama administration, the push from here. They were inspired by the suc- took power. He held power for 30 years. the State Department, then-Secretary cessful model of assimilation that In that 30-year period of time, some of State Hillary Clinton, and others, came about because of a common lan- people thought that he was a strong began to put pressure on Mubarak. guage. So they adopted Hebrew as their man and that he dealt harshly with While this is going on, the Arab official language in Israel. some of his opposition that was there. Spring erupted about January, Feb- I was quite impressed, Mr. Speaker. I It may be true. I am not here to defend ruary 2011. Of course, it was multiple was quite impressed that America President Mubarak. countries throughout the Middle East would inspire a country that had all When President Obama took office, it that had unrest. And there was signifi- the world history to draw from, yet was clear that he had a different view cant unrest in Egypt, as we know. they look at the model we have here to of President Mubarak than I have ex- Well, Mr. Speaker, the pressure built make such a definitive thing as to pressed here. He went to Cairo to give and the demonstrations that took bring back a language that had not a speech in Egypt on June 4, 2009. place in Tahrir Square were intense. been utilized in common discussion for And I remind the body, Mr. Speaker, Some of them were violent. We saw on 2,000 years. that President Obama, then-Senator television the massive amounts of peo- I give you that example, Mr. Speak- Obama and a candidate for President, ple that were on the square and weren’t er, because I come here tonight and I in the spring of 2008 made a statement going to leave. want to talk about Egypt and how it is roughly similar to the fact he believed With the trouble that was there, fi- that the United States of America in- his middle name means something to nally, on February 11, 2011, Mubarak spires people around the world in ways the rest of the world. stepped down. When he stepped down, that we may not realize. And when they recognize and see his that left a bit of a void that was still I come to the floor tonight, Mr. middle name, they all know that he wrapped up in the chaos. Speaker, to commemorate and cele- can communicate with them in a cer- During that chaos, there were pri- brate and give notice to and congratu- tain way that someone who doesn’t marily Muslim Brotherhood activities late the Egyptian people. Yesterday have that middle name doesn’t have consisting of mobs that were attacking they swore in and convened their par- that particular tool. Christian churches, attacking the liament. That is Egypt’s first par- And so shortly after that—being Evangelical churches that are there, liament in nearly 4 years. elected President and then armed with and attacking the Coptic Christian It is a great day for Egypt, and it is that conviction—President Obama churches that are there. In fact, the a great day for liberty worldwide. It is traveled to Cairo, Egypt, and gave his persecution went on in multiple cities a great day for the United States to see speech on June 4, 2009, at Al-Azhar Uni- around Egypt. There were multiple that there are others around the world versity in Cairo. churches that were burned and razed to who are inspired by our system of a Now, Al-Azhar University is essen- the ground. Some were just gutted by representative form of government. tially the global center for Islamic fire. I extend my congratulations to Presi- thought. They have Islamic scholars Well, in June 2012, Mohamed Morsi dent Abdel Fattah el-Sisi and to the there that are respected worldwide came to power. He is the face and the new speaker and drafter of Egypt’s within the world of Islam. voice—and may still be—of the Muslim Constitution, Ali Abdel-Al, but also to So to send a message to the Muslim Brotherhood. As Morsi came to power, Mr. Moussa, whom I met with on at world, there wasn’t a place that was they began to see how the Muslim least two occasions as he chaired the more effective than going to Al-Azhar Brotherhood would rule Egypt. committee to draft the Egyptian Con- University to give his June 4, 2009, The protests died down for a while, stitution. speech. and then they ramped back up again, The citizens of Egypt have achieved It happens to be a fact, Mr. Speaker, Mr. Speaker and got worse and worse an important foreign policy milestone, that the seating arrangement was ar- and worse and more intense. Mr. Speaker. Yesterday was that day. I ranged, we have to presume, with the And so the protests accelerated up to was curious that they would convene approval of President Obama. And who January 25, 2013. There were many pro- on a Sunday. Only under extreme cir- sat in the front row, Mr. Speaker? tests. Egypt was more or less very dif- cumstances would we start our day The leaders of the Muslim Brother- ficult to govern and rule because of the here on a Sunday. hood were seated in the front row when protests against Morsi and because of However, Egypt is a Muslim country. President Obama gave his speech at Al- the way that Morsi had mishandled It is about 95 percent Muslim—it has Azhar University. That sent a powerful government and the way that the Mus- got a higher percentage of Christians signal to the Egyptian people, a signal lim Brotherhood, with their heavy than people might think—and they go that the President of the United States hand, had worked against many of the to mosque on Friday. In fact, I learned supports the Muslim Brotherhood. Egyptian people. that the Christians have their services Now, I don’t bring this up as specula- Morsi was the duly-elected President. on Friday as well. That way, Sunday is tion, Mr. Speaker. I bring it back to And I believe the number was 4.6 mil- a workday. the floor of the Congress because I am lion Egyptians that came to the polls

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.056 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H266 CONGRESSIONAL RECORD — HOUSE January 11, 2016 out of 83 million Egyptians altogether. Shortly after that, they stabilized b 2015 So it was a low percentage of turnout, Egypt. They had more peace in the And when I am asked why does our but they saw him get elected. streets. There was still trouble. The administration support the Muslim And then, as he essentially Muslim Brotherhood was still attack- Brotherhood, I am going to continue to disempowered the legislature and ing people. give the same answer: The American disempowered the judicial branch of There were still arrests of some of people support the Egyptian people. government, there was a democratic those who had been violent take place The Egyptian people don’t support the election for Morsi, an election one last in the square that had been attacking Muslim Brotherhood. They have proven time. The dictator had taken over, and people. But they installed an interim that over and over again. The leader- the Egyptian people knew it. And they President and put some stability into ship that the Egyptians have elected began to push back, Mr. Speaker. the government. This is early July of has proven that they have given their So the protests accelerated from Jan- 2013. word, they have kept their word, they Myself and a couple of other Mem- uary 25, 2013, on throughout that have performed in the fashion that bers went to Egypt over the Labor Day spring. And then, as we watched, there they said. was a funeral at the main Coptic break in September 2013. We met with And as I have gone back now a couple church in Cairo. The Muslim Brother- the interim President in one meeting, of times since then, most recently last hood mobs attacked the funeral and in a different meeting with the Pope of spring, in about March or April, at killed people. And so that is a brutal the Coptic Church, in a separate meet- some significant expense, I might add, ing then with General el-Sisi, and in a division within the society that took I remember sitting down with Presi- separate meeting with Mr. Moussa, place. That was April 7, 2013. dent el-Sisi, and he said a couple of who was the chairman of the com- Throughout that summer, the Chris- things that I think that we should re- mittee that was writing a Constitu- tian groups were gathering together, member, and I believe he wanted me to tion. Mr. Speaker, and during that period of convey them here on this floor, Mr. time they would have regular prayer I remember each of those meetings in a distinct way. The Coptic Pope said: Speaker; and that is that, he gave a meetings to pray that God would bring speech January 1 of last year at Al- relief to Egypt and turn the country We are praying for the people who are killing us. We are not going to be Azhar University, in the center of Mus- back over to the Egyptian people and lim thought, and here is the message let them govern their country and have sucked into a civil war in Egypt. We are praying for them and are asking that he delivered. their country back, take it away from The message was this, he is asking a Morsi. God to forgive them, which I thought was a very high level of faith that I rhetorical question, and it was: Is it As I sat and listened to Pastor Mau- possible to accept the idea that the rice, who leads a 4,000-member Evan- don’t know that I could reach, Mr. Speaker. I was very impressed with the whole world must die so that Muslims gelical church in Egypt, as they were can live? That is verbatim, Mr. Speak- gathering for prayers on the night of Coptic Pope. We met with Mr. Moussa, who de- er. It is a rhetorical question. It is the June 29, he said to the other pastors scribed the Constitution they were most powerful rhetorical question that who had been regularly coming to- drafting, but he said it is up to the I believe that I have heard. gether to pray: I am going to lead the Egyptian people. They have got to rat- And, of course, he rejected that idea. prayer tonight. I am going to be in ify it. He understands that Muslims and charge of the prayer tonight. And as we met with General el-Sisi, I Christians and Buddhists and atheists So they agreed. They gathered to- recall asking him a series of questions: and agnostics and all the religions need gether and Pastor Maurice offered this If this Constitution is ratified and a le- to live on this world together, and he is prayer. He said: God, we have been gitimized civilian government takes looking for that kind of peace and sta- praying daily for relief from Egypt. I charge in Egypt, will the military take bility, so that no religion is persecuted, am tired of waiting. I don’t want to orders from a civilian President or a ci- no religion is being murdered while wait any longer. I want this relief to- vilian prime minister and a civilian they are going to someone else’s fu- morrow.’’ It is the night of June 29, parliament? neral, or their wedding. And that hap- 2013. ‘‘God, bring us this relief tomor- He looked me in the eye and he said: pened also in Egypt, Mr. Speaker. row.’’ Yes. The military will. So I want to thank President el-Sisi That was the eve of the relief that So I didn’t know at the time—and I for his commitment. And I would add, came. By June 30, the following day, don’t think he knew at the time—that also, that he made another statement the streets and every city began to fill he would eventually become a can- that I think we also need to think in Egypt. Tahrir Square became full didate for President and actually be about, Mr. Speaker, and that is, he said again. People poured into the streets of the one issuing the orders to the mili- they, speaking of the Muslim Brother- Egypt, and they poured into the streets tary. But he has kept his word. hood, they are trying to establish and on June 30, July 1, July 2, and July 3. As he promised to me and others impose divine law on all the world. The numbers of people in the streets promised to me, they would ratify a When he looked at me he realized it in Egypt that came out to protest were Constitution, they would elect a na- didn’t quite register, and he said, estimated at 33 million people out of 83 tional leader or President, and once the sharia law. They want to impose sharia million Egyptians. Now, think of that. Constitution was ratified and the law on the entire world. And he put his If we had that same percentage come President was elected, they would then head down, almost between his knees, out in the streets of America, we would have elections and seat a parliament or as he sat there, and shook his head in have 125 million people in the streets of a legislative body. rejection. America, Mr. Speaker. Within their Constitution they wrote I am convinced we can work with It was a massive turnout in Egypt. the language that said, of the roughly this man. He is a dedicated Muslim And something had to happen. They 100 churches that have been de- who is a peaceful leader, who under- pleaded with General el-Sisi: Will you stroyed—mostly by the Muslim Broth- stands this picture of the world the take over in this country? We can’t erhood—they would use Egyptian tax way it sets. take this any longer. We have got to dollars to rebuild those churches. When I look at the work that was have some leadership. We have got to I am here tonight, Mr. Speaker, to done by Ataturk in Turkey, how he have somebody in charge of our coun- say thank you to President el-Sisi of provided a bridge between the East and try, Egypt. Egypt, thank you to Mr. Moussa and the West, and that has been drifting General el-Sisi demurred. He said: those others that worked on the Con- back a bit the other way under No. I don’t want to do this. I don’t stitution, and to congratulate the Par- Erdogan, but I believe that President want to step in. Finally, by the 3rd of liament in Egypt that is now seated as el-Sisi has the skill set, the convic- June, he relented and stepped in with of yesterday. Their country is put in tions, and the foundation to, one day, the military to bring order in Tahrir place now so that the Egyptian people with the right kind of support, the sup- Square. That turned out to be a move are finally in charge of their country port of the United States of America that stabilized Egypt. again. and the free world and the Middle East,

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.058 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H267 could become the Ataturk for the (Mrs. BEATTY), my classmate and my they are the unfortunate reality in world to bring about that bridge be- co-anchor for this CBC Special Order which African American communities tween the Muslim world and the Chris- hour. I look forward to anchoring with live. In the words of Dr. Martin Luther tian world and the West. her throughout the entire year. She King, whose legacy we honor next Mon- If we fail in that effort to do that has been a tremendous champion for day, he said: We find ourselves ‘‘con- outreach and tie these bonds together, working families, for the middle class, fronted with the fierce urgency of these bonds that go back through his- for small-business owners and, of now.’’ And Mr. Speaker, it is now that tory, a long ways back, Mr. Speaker, if course, for the young people who are our Nation is in an urgent crisis, yet we fail, then I am afraid there will be ravaged in our communities all across we are trapped in congressional inac- a tremendous amount of bloodshed. this country by gun violence. tion. Shameful. If we succeed, I believe we can elimi- Mrs. BEATTY. Mr. Speaker, I rise So our President decided he would nate and forestall a significant amount this evening proud to stand with my not stand by idly while Congress did of bloodshed and bridge over this divi- Congressional Black Caucus Special nothing to prevent another Newtown, sion that is coming at us. And he de- Order hour co-anchor, Congressman another Charleston, other Tucson. serves and needs our help to defend JEFFRIES, from the Eighth Congres- With tears in his eyes, he reflected on himself from terrorists that are at- sional District of New York. the senseless killings caused by gun vi- tacking from all directions, from Sinai Mr. JEFFRIES, it is my honor to stand olence over the course of his adminis- and everywhere else. here today as we undertake an urgent tration. President Obama announced Mr. Speaker, I appreciate your indul- dialogue on how we, as elected Rep- new executive actions to confront the gence here tonight. resentatives of the people, can work to- epidemic of gun violence in America. I yield back the balance of my time. gether to end gun violence. While mocked by some Republicans f I look forward to engaging with Con- for showing emotion at the loss of so gressman JEFFRIES and our Congres- CONGRESSIONAL BLACK CAUCUS many lives, I am here to say I proudly sional Black Caucus colleagues in stand with my President on the actions The SPEAKER pro tempore. Under scholarly debate on the issues plaguing the Speaker’s announced policy of Jan- he has taken to prevent gun violence in African Americans, African American America. uary 6, 2015, the gentleman from New communities, and to develop solutions York (Mr. JEFFRIES) is recognized for These executive actions will save to the problems our constituents face. lives and make the country safer with- 60 minutes as the designee of the mi- As the conscience of the Congress, out infringing on law-abiding individ- nority leader. the Congressional Black Caucus will GENERAL LEAVE uals’ rights to firearms. remain on the forefront of issues that You will hear from our colleagues to- Mr. JEFFRIES. Mr. Speaker, I ask affect Black Americans in particular, night talking about the President’s ac- unanimous consent that all Members and the Nation, in general. For to- tions. I look forward to continuing to be given 5 legislative days to revise and night, our anchor, Congressman work with my colleagues and to ad- extend their remarks and add any ex- JEFFRIES, has pointed out the CBC will dress gun violence. traneous material relevant to the sub- continue to shed light on the epidemic Mr. JEFFRIES. Thank you, Rep- ject matter of this discussion. of gun violence, standing our ground, resentative BEATTY, for laying out the The SPEAKER pro tempore. Is there ending gun violence in America. objection to the request of the gen- Mr. Speaker, last week we opened the case in such an eloquent and compel- tleman from New York? Second Session of the 114th Congress. ling fashion, and pointing out that, There was no objection. Four hundred thirty-five of us traveled with respect to gun safety and gun vio- Mr. JEFFRIES. Mr. Speaker, it is an back to Washington ready to serve our lence prevention in America, it is long honor and a privilege for me to rise constituents and work for the better- past time when we act with the fierce today and to co-anchor, along with my ment of our Nation. urgency of now. distinguished colleague from the great Unfortunately, Mr. Speaker, what- Tens of thousands of Americans have State of Ohio, Representative JOYCE ever spirit of bipartisanship may have died as a result of gun violence since BEATTY, this CBC Special Order hour, been present at the end of 2015 as Re- the moment you and I first set foot in this hour of power. publicans and Democrats worked to- this institution, and not a single thing Once again, we are privileged to take gether on key pieces of legislation has has been done by the House of Rep- to the floor of the people’s House to disappeared at the precise time our Na- resentatives to prevent those deaths. discuss an issue that should be relevant tion is calling on Congress to pass com- That is shameful, as you have pointed to every Member of this institution on monsense legislation to keep guns out out, and we need a change of course. behalf of the 320 million-plus Ameri- of the wrong hands. Mr. Speaker, I yield to the distin- cans that we represent in this great We find ourselves confronted with guished gentleman from Virginia (Mr. country, and that is the gun violence startling statistics that no Nation SCOTT), the ranking member, lead epidemic. should endure. Let me just take a mo- Democrat on the House Education and America has 5 percent of the world’s ment to share just a few. the Workforce Committee, once, of population, but 50 percent of the We know that the impact of gun vio- course, chaired by the legendary Adam world’s guns. It is estimated that there lence affects every community and Clayton Powell, and Representative are more than 300 million guns in cir- every congressional district. However, SCOTT has continued in that tremen- culation throughout this country. So it African American children and teens dous visionary tradition. seems to me reasonable that we would are 17 times more likely to die from Mr. SCOTT of Virginia. Mr. Speaker, do everything possible to ensure that gun homicide than White youth, ac- I want to thank the gentleman from not a single one of those guns finds cording to the Centers for Disease Con- New York and the gentlewoman from themselves in the hands of individuals trol and Prevention. Ohio for organizing tonight’s Special who would do us harm. And that in While African Americans make up 15 Order to focus on the toll that gun vio- many ways is what President Obama percent of youth in America, African lence has taken on communities across has done as it relates to his most re- Americans accounted for 45 percent of America and, especially, the dispropor- cent executive action. children and teen gun deaths in 2010. tionate impact it has had within com- So today members of the Congres- According to Everytown for Gun munities of color. sional Black Caucus will come to the Safety, 88 Americans die every day Tonight’s conversation comes at an House floor to discuss those executive from gun violence, Mr. Speaker. important time. On average, every day actions, discuss the issue of gun vio- Roughly 50 percent of those killed are more than 30 people are killed by fire- lence, discuss the steps that we should African American men, who comprise arms, many in mass murders. be taking, here in this Chamber, in just 6 percent of the population. Homi- Now, rather than do what they say is order to keep the people of America cide is the primary cause of death celebrate the problem, I want to talk that we all collectively represent safe. among African Americans ages 15–24. about solutions. Last Tuesday, the It is now my honor and my privilege Mr. Speaker, these numbers should President announced the executive ac- to yield to the gentlewoman from Ohio be unthinkable, unimaginable, but tions that his administration will take

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.060 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H268 CONGRESSIONAL RECORD — HOUSE January 11, 2016 to prevent gun violence. I commend the Defense, the Department of Justice, cluding legislative proposals, within 60 President for taking this action, in and the Department of Homeland Secu- days of its establishment. light of the current congressional lead- rity to conduct or sponsor research It would study and make rec- ership’s refusal to responsibly address into gun technology. When the Federal ommendations to address many issues, this epidemic. Government begins buying guns using including the causes of mass shootings, These executive actions will ensure that kind of technology, it will make it methods to improve the Federal fire- stronger enforcement of current laws more likely that this technology will arms purchaser background check sys- and will reduce the number of lives lost be used. There is technology that tem, connections between access to to gun violence. To begin with, the makes it impossible for anyone other firearms and dangerously mentally ill President’s executive actions will nar- than the true owner to use weapons, individuals, Federal penalties for traf- row the ‘‘gun show’’ and Internet loop- and the more purchases the Federal ficking and straw purchasing of fire- holes by actually enforcing licensing Government makes, the more likely it arms, loopholes that allow some do- requirements for gun dealers and over- is that technology will actually be in- mestic abusers continued access to hauling the background check system stalled in future weapons. firearms, linkages between firearms to make it more effective and efficient. The President has also directed the and suicide, gun violence’s effect on Under current law, only licensed gun departments to review the availability public health, the correlation between dealers are required to perform crimi- of smart gun technology on a regular State gun violence prevention laws and nal background checks for all gun basis and to explore potential ways to the incidence of gun violence, the im- sales, and only those individuals further its use and to encourage re- portance of having reliable, accurate deemed to be ‘‘engaged in the business’’ search to more broadly improve gun information on gun violence and its of dealing in guns are required to ob- safety. toll on our Nation, the implementation tain a license from the Bureau of Alco- The President’s plan also proposes a of effective gun violence prevention hol, Tobacco, Firearms and Explosives, new $500 million investment to in- laws in accordance with the Second the ATF. crease access to mental health treat- Amendment to our Constitution, and The executive actions make it clear ment to ensure that people who need the rates of gun violence in large met- that the commonsense proposition that help do not fall through the cracks of ropolitan areas. anyone making a profit from the sale the mental health system. This is in Mr. Speaker, by taking a deliberate, of guns, or who regularly makes gun addition to the huge increases in men- research-based approach to gun vio- sales or earns a livelihood from gun tal health funding under the Affordable lence, treating it as we would a public sales, is, in fact, engaged in the busi- Care Act. Mental health services are health challenge, we can significantly ness and therefore must obtain a li- considered essential services, and so reduce the ravages of gun violence. cense and conduct required criminal now virtually all health insurance poli- The President is limited by his exec- background checks, even if those sales cies include mental health coverage. utive authority on what alone he can occur at gun shows or over the Inter- While modest and within the Presi- do to address this epidemic. Long-term net. dent’s executive authority, these exec- reforms can only be achieved through utive actions will go a long way in congressional action. I hope that the b 2030 keeping guns out of the hands of people leadership of the Congress will follow The question of whether someone is who never should be able to purchase the President’s lead and act in a bipar- engaged in business will be determined them in the first place. But that is ex- tisan basis to address this critical issue by normal legal standards as opposed ecutive action. Congress needs to act using public health strategies and evi- to people just declaring themselves to so that more can be done to actually dence-based proposals. be exempt, which is going on now. protect citizens from gun violence. Again, Mr. Speaker, I thank the gen- Some of these people are even making The House Democratic Gun Violence tleman from New York and the gentle- a living selling firearms. They need to Prevention Task Force has consist- lady from Ohio for coordinating this get a license. This is the present law, ently reiterated that Washington has a Special Order. and the President has said that he will moral obligation to do something to Mr. JEFFRIES. Thank you, Rep- enforce it. address our Nation’s gun violence epi- resentative SCOTT, for laying out the The Federal Bureau of Investigation, demic. The most effective way to ad- steps that are being taken by the as part of executive actions, will over- dress this epidemic is through com- President in such a compelling way in haul its National Instant Criminal prehensive, evidence-based policy pro- explaining why they are items that we Background Check System, the NICS posals. should all support as well as some of system, to make it more effective and Our task force has put forth several the steps that need to be taken legisla- efficient by hiring more than 230 addi- proposals that will go a long way in tively by this Congress in order to deal tional examiners and other staff so achieving these goals. These proposals with the fact that more than 10,000 that the Bureau can process back- include reinstating and strengthening Americans a year die as a result of gun ground checks 24 hours a day, 7 days a the assault weapon ban, reducing the violence-related homicides. week, and improve its notification of size of magazines, implementing uni- I yield to the distinguished gentle- local authorities when prohibited per- versal background checks, cracking woman from California (Ms. LEE). She sons unlawfully attempt to purchase a down on illegal gun trafficking and is an incredibly eloquent and pas- gun. straw purchases, improving our mental sionate voice for the voiceless. We ap- These people are currently breaking health system, and implementing com- preciate her service here in the Con- the law when they illegally try to buy prehensive, locally tailored, evidence- gress not just on behalf of the district a firearm, and local law enforcement based violence prevention and inter- that she represents in northern Cali- officials need to be informed. Accord- vention programs. fornia, but certainly on behalf of the ing to the Bureau of Justice Statistics, The gentleman from California, Rep- people of the United States of America. this system has already caught more resentative MIKE THOMPSON, is the I yield now to Congresswoman BAR- than 2 million people trying to buy chair of the House Democratic Gun Vi- BARA LEE. guns illegally, and they need to be held olence Prevention Task Force, and he Ms. LEE. First, let me thank the accountable for breaking the law. has introduced a resolution to estab- gentleman from New York for those Furthermore, dealers will also be re- lish a select committee of the House to very kind remarks. But also I want to quired to notify law enforcement if study gun violence. That resolution is thank you and Congresswoman BEATTY their guns are lost or stolen in transit. cosponsored by Democratic Leader for organizing this very important Spe- This transparency and accountability NANCY PELOSI and 11 cochairs of the cial Order and for your tremendous will ensure that law enforcement will task force. The proposed select com- leadership, Congressman JEFFRIES and be notified and can begin investiga- mittee would be comprised of six Re- Congresswoman BEATTY, on ensuring tions when these losses occur. publicans and six Democrats who public safety. Executive actions will also leverage would study the research and issue a Your leadership, both Congress- the buying power of the Department of final report and recommendations, in- woman BEATTY and Congressman

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.061 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H269 JEFFRIES, has been bold, it has been vi- research on how to end this epidemic of er should allow these and many other sionary, not just as the result of the gun violence. bills to come to the floor so that Con- very recent tragedies but for many, But more action is needed to stop the gress can act. No more excuses. many years even before both of you more than 30,000 gun deaths that occur We should support Congressman came to Congress. So it is an honor in our Nation each and every year. THOMPSON’s proposal to establish the serving with both of you in this body. Congress must pass commonsense gun select committee on gun violence. The Thank you very much for the oppor- reform, like closing the gun show loop- Speaker should do this now. So we tunity to speak this evening. hole, bipartisan measures that are sup- can’t continue to really allow the mis- Also, I want to just thank Congress- ported by the vast majority of Ameri- information to get out about Congress. woman ROBIN KELLY, who is the vice cans and gun owners. Congress must We need to do our job. We have been chair on the Gun Violence Task Force. also fund the expansion of mental trying, many of us, the Congressional She also chairs the CBC’s Health health services. Black Caucus and others, especially Braintrust. But this should not be an excuse, of Democrats, for many years to try to I thank you for your tireless work to course, to do nothing on gun safety. We get the Speaker to bring these bills to ensure that gun violence is treated as a have got to provide the Bureau of Alco- the floor. public health problem, which it is. hol, Tobacco, Firearms and Explosives So what did the President do? He had Madam Speaker, I rise this evening the resources it needs to enforce our to do something. But no more excuses. with my colleagues in the Congres- Nation’s gun laws. Congress needs to act. So I thank Con- sional Black Caucus to call on Con- As a member of the Appropriations gresswoman BEATTY and Congressman gress to do something—to do some- Committee, I have fought along with JEFFRIES for this very important Spe- thing—about the epidemic of gun vio- my colleagues to get these vital public cial Order hour and for your tremen- lence that is harming our commu- safety resources in the appropriations dous leadership. nities. bills which keep our communities safe. Mr. JEFFRIES. Again, I thank the Since the start of the year—just 11 We must also end the extreme data re- distinguished gentlewoman from Cali- days ago—nine of my constituents have strictions that restrict law enforce- fornia for her wonderful remarks, ob- already become victims of gun vio- ment’s ability to protect public safety servations, and, of course, her support lence, including an elementary school and prevent policymakers from ad- for the President’s executive actions on teacher and an innocent mother push- dressing gun violence as a public gun safety, making it clear that the ing her child in a stroller. Just this health issue. President was left with no choice but weekend alone my community suffered That is why I introduced last year to act. three gun homicides. My thoughts are H.R. 1449, the Tiahrt Restrictions Re- Tens of thousands of Americans die with the victims’ family at this very peal Act, which would repeal the data each and every year either as it relates terribly difficult time. We have to do restrictions on gun sales and back- to homicide or suicide through a fire- something. Enough is enough. ground checks. These data restrictions arm, and nothing was happening here Congress can and must do more to are commonly called the Tiahrt re- in the United States Congress. The stop this senseless violence. Whether it strictions. They prevent data on gun classic definition of legislative insan- is Charleston, Oak Creek, Sandy Hook, background checks from being released ity is to do the same exact thing, the streets of Oakland or wherever, too to the public. which in this instance is nothing, and many people have already lost their These provisions currently impede expect that things were going to lives, too many families have buried public safety by requiring the National change for the safety and the well- loved ones, and too many lives have Criminal Background Check System being of the American people. That is been changed forever because of cata- records to be destroyed—mind you, de- why we are here on the floor today ex- strophic injuries as a result of gun vio- stroyed—within 24 hours, prohibiting pressing strong support for the Presi- lence. the ATF from requiring licensed deal- dent’s executive actions and pushing Madam Speaker, now is the time for ers to conduct annual inventory checks this institution to do more and finish action. Our constituents are demand- to detect lost or stolen firearms and re- the job that the President of the ing action. The country is demanding stricting local and State law enforce- United States of America started. action. I have received hundreds of ment from using trace data to fully in- calls and emails from my constituents, vestigate corrupt dealers and traf- b 2045 and I know other Members are also fickers. It is now my honor and privilege to hearing from their constituents. They This is outrageous. We have got to yield to the distinguished gentlewoman are calling for action as well. restrict and repeal these Tiahrt amend- from Houston (Ms. JACKSON LEE), a Earlier today in my own District, ments right away. It will help tackle forceful advocate and the lead Demo- Oakland City Council President Ly- the bad apple gun dealers who provide crat on the relevant committee on the nette Gibson McElehany buried her dangerous weapons to criminals. It is House Judiciary side of the equation as grandson, 17-year-old Torian Hughes, estimated that just 5 percent of sellers it relates to criminal justice, reform, who was shot and killed during a rob- supply the weapons used in nearly 90 and gun safety. She, of course, has been bery just days before Christmas. This percent of gun crimes. The Tiahrt re- a tremendous champion for the people has been a very difficult period for strictions block access to vital data that she serves down in H-Town, as Council Member McElehany and her that lawmakers, law enforcement, and well as across the country. family. So in addition to our prayers Federal agencies need to tackle gun vi- Ms. JACKSON LEE. Let me thank not only for my council member’s fam- olence in our community. the gentleman from New York for ily, but for all of those in our country Of course, many of us are proud to yielding. who have been victims of gun violence, support Congresswoman KELLY’s bill, As has been stated by my colleagues, we must do something. We must do which would allow the Surgeon General I want to add my applause as well for something in all of their memory. to study gun violence as a public the thoughtfulness of the gentleman’s Let me be clear. Congress can no health issue and the Consumer Product leadership on a number of issues, but longer ignore the massive toll that this Safety Commission to regulate fire- certainly on his pronounced leadership epidemic is having on our constituents, arms. on criminal justice reform and on the their families, and communities. Last Madam Speaker, the time for action Judiciary Committee; and then to be week we joined with our colleagues and is now. Let’s start listening to the joined by former leader of the Ohio millions of Americans in applauding American people and insist that Con- State Legislature—and she has not for- President Obama’s actions to reduce gress do something. It is really dis- gotten her talents of leadership—and gun violence in our Nation. Thanks to ingenuous to criticize the President for that is Congresswoman JOYCE BEATTY the President’s leadership, there will issuing commonsense gun safety meas- who joins us, if I might put words in be more background checks, better en- ures when we have been trying for both your mouths, with a sense of out- forcement of existing gun laws, im- years in this body—for years—to get rage about where we are today. I say proved mental health services, and new these sensible bills passed. The Speak- that because I would like to stand here

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.063 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H270 CONGRESSIONAL RECORD — HOUSE January 11, 2016 with an enormous amount of outrage right to keep or bear arms, the advo- the instance of this individual, who for where we are and why we are here. cates contend that the Constitution is point-blank shot at an officer with a I want to add my appreciation to the on their side. Last month, for the third gun, who has now been determined pos- Congressional Black Caucus, the chair- time in the same suit, a Federal court sibly to have heard voices, though he man, Mr. BUTTERFIELD, and, of course, of appeals agreed. This is very bizarre. said he was inspired by ISIS, again, Congresswoman Dr. KELLY, who has The case is filed under the name of someone wanted to suggest that it been a great leader on the issues deal- Wollschlaeger v. Governor of the State wasn’t anything that Obama could ing with health care. I just want to cite of Florida, although First and Second have done. It was a stolen police gun to her, a lady that came to this Con- Amendment buffs may recognize it and it is out on the streets. Obviously, gress more than a decade ago, Deborah under the cutesy nickname Docs v. we don’t have enough people enforcing Prothrow-Stith. You may have read Glocks. against the trafficking of stolen guns. her writings. She pronounced during It started when some gun owners and Mass shootings. The U.S. has a far that time that gun violence was a the National Rifle Association told higher number of mass shootings than health crisis. That was so many years Florida legislators that their doctors any others I have indicated. ago. Unfortunately, with all of her ex- were harassing them by asking about Mental health. Approximately one in pert writings, we still couldn’t get gun safety—by asking about gun safe- four American adults have a mental movement. ty. The legislators responded by pass- illness. Every time we hear of these I am going to take a slightly dif- ing a law that bars healthcare workers mass shootings, the defense comes, ferent perspective. If I could just take from discussing or recording anything which they have a right, to talk about these few moments to give you an an- about their patients’ gun ownership or this person’s severe criminal mental ecdotal story, which many of you safety practices that could be deemed illness condition. might find absolutely with a great deal in bad faith, irrelevant, or harassing. Guns in suicide is the leading cause of shock, if you will. That is the limit Twelve other States are thinking of related deaths in America. More to which gun rights advocates mislead about it, and now we have the Privacy than 60 percent of deaths by guns in the American people on any ideas for of Firearm Owners Act. This is in the the country are the result of individ- gun safety or gun regulation as taking face of a number of homicides in this uals using these weapons intending to guns away. country. Let me cite to my colleagues commit suicide—not knives, not I was in a meeting where someone that America is the number one coun- stones, not even poison or an overdose was trying to understand why Presi- try out of Western nations that has the on drugs—guns. Guns and domestic vio- dent Obama in his excellent presen- highest number of cases of homicide by lence provide a deadly outcome. tation about securing America and pro- firearm per 100,000. The closest that Law enforcement killed by guns: tecting our children from gun violence comes to them is 0.7 by Italy. Then each year hundreds of law enforcement was being associated with the idea of Taiwan, Canada, and Spain, 0.2; Ger- officers lose their lives in gun violence taking over 345 million guns. This is many, 0.2. having been shot to death while pro- what is represented to be President All the news stories that we see on tecting their communities. Of course, Obama’s message. He will confiscate, violent disruptions in various places we know that we have experienced through his process of gun testing or and protests, their numbers of gun vio- tragic incidences under the authority making sure that there are background lence, of homicides, is miniscule: Aus- of law where people have been killed, checks for everyone, that he wants to tralia, 0.1; UK, 0.1; France, 0.1; South and the community is over the top in confiscate 345 million guns, which has Korea, 0.03; and finally Japan, 0.01. If frustration. been determined to be located in 65 that doesn’t get our attention, I don’t Background checks save lives. The million places here in the United know what does. tragedy at Mother Emanuel is the indi- States. Then look at this map; 353 mass vidual went to buy guns and the store Can I, in a public forum on this au- shootings in America in 2015. My col- gust floor of the House, say that we, as owner said it is taking too long. league can see, is this anything to be I support President Obama’s very as- Members of Congress—and I think Re- proud of? Mass shootings not by tute and thoughtful approach. Out of publicans will admit this—have no evi- that, I am very glad to have introduced dence, no documentation, that the knives, not by throwing stones, but by two initiatives. One, H.R. 4315, Mental White House intends to confiscate guns. This is what America is to the guns—no manner of level of increased world: a sea of red of mass shootings, Health Access and Gun Violence Pre- ATF officers could ever do that—why so much so that you can’t even see vention Act, which is a capture of this mischaracterization is here. background in some of the parts of this President Obama’s, along with KAREN But listen to this. Gun rights advo- Nation. Yet there are laws that are BASS. I urge my colleagues to sign on cates have made a lot of claims over being passed to stop health profes- to H.R. 4315, which authorizes $500 mil- the years that the Second Amendment sionals from asking whether you have lion for health treatment access and to they interpret means that they can buy guns that might, in fact, endanger your assist in the reporting of relevant dis- any gun they want and take it pretty children or yourselves. qualifying mental health information much anywhere. Well, basically, that On average, more than 100,000 people to the FBI background check system, does exist, except for the basic con- in the United States are shot in mur- NICS—not to violate the privacy, but straint of background checks, which ders, assaults, and other crimes. More to give more information to the data- now the President has expanded to en- than 32,000 people die from gun vio- base, because that certainly would be sure that if you are in a gun show—this lence, including 2,677 children under part of saving lives. is a gun show loophole—and you are the age of 18. Gun deaths, justified As I conclude, H.R. 4316, that I am sitting next to the stall of a licensed versus criminal: studies also found that pleased to have Congresswoman KELLY gun person and you are in the business for every 1 justified homicide in the join me in this, the Gun Violence Re- of selling guns, why shouldn’t you be United States involving a gun, guns duction Resources Act, authorizes the either licensed or require, basically, were used in 44 criminal homicides. In hiring of 200 additional ATF agents, background checks? all of our communities, we see young the very point of which my Republican But listen to this. In an ongoing legal Black men being felled by gun vio- friends are saying, but yet they are battle in Florida, they lay claim to a lence, young people in our commu- condemning what the President has of- newfangled Second Amendment right: nities being felled by gun violence, or fered. the right not to have anyone talk to innocent storekeepers being felled by I would say to my colleagues in clos- gun owners about their guns. Specifi- gun violence, or in the instance of the ing, if we don’t do this for any other cally, gun advocates don’t want doc- Philadelphia police officer. reason, to take and codify the Presi- tors discussing guns or the potential All of us respect the dangers of law dent’s initiatives on NICS or data col- harms that guns may cause with their enforcement, recognizing that we can lection, on research regarding safer patients. work together by building prepared and guns, on background checks or closing While mere talk about guns might trained law enforcement officers to the gun show loophole, if we don’t do seem to have nothing to do with the avoid the violence with guns. But in it, we should do it for the children.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.065 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H271 From December 2012 to December 2013, lion for mental health treatment access and to tection for medical records, which includes at least 100 children were killed in un- assist in the reporting of relevant disqualifying mental healthcare information. intentional shootings, almost two mental health information to the FBI’s back- However, there are specific areas under every week, 61 percent higher than ground check system NICS. federal law that allow the disclosure of medical Federal data reflect. About two-thirds H.R. 4316—Gun Violence Reduction Re- information to authorities, and in these in- of these unintended deaths, at 65 per- sources Act—authorizes the hiring of 200 ad- stances there should be an agreement that cent, took place in the home or vehicle ditional ATF agents and investigators for en- when a person poses a threat to themselves that belonged to the victim’s family, forcement of existing gun laws. The President or others (as determined by a court or adju- most often with the guns that were le- included these specific requests in yesterday’s dicative authority with the medical and legal gally owned but not secured. announcements and these bills respond to knowledge and authority to make a determina- I remind you of that Supreme Court those requests. tion that a person poses a threat to them- challenge or that law in Florida where Additionally, the Department of justice (DOJ) selves or to others) should not be allowed to doctors can’t secure information to is proposing a regulation to clarify who is pro- purchase a fire arm. protect the patients or the children of hibited from possessing a firearm under fed- Technology that could be deployed to ac- these families. More than two-thirds of eral law for reasons related to mental health. cess court records and arrest records as they these tragedies could be avoided if gun And the Department of Health and Human relate to mental health and violent behavior owners stored their guns responsibly Services (HHS) is issuing a proposed regula- should not rely upon a list that may become and prevented children from accessing tion to address barriers preventing states from out dated or could be used in ways that are them. submitting limited information on those per- not consistent with the intent of enhancing gun safety. I have introduced legislation on gun sons to the federal background check system. The ability to access information that is ac- storage—I call it safety and responsi- Ending gun violence in America requires a bility—but yet, unfortunately, it is curate and available for the limited purpose of comprehensive approach—we must come to- affirming or rejecting a request to purchase a perceived as attacking the Second gether and work towards this common goal. Amendment. firearm without indicating the source of the de- Too many Americans have been severely cision or the reason for the rejection would still My good friend from New York (Mr. injured or lost their lives as a result of gun vio- JEFFRIES), let me thank you for yield- protect privacy rights while also protecting the lence. public. ing. Allow me to just leave us with the While the vast majority of Americans who point that, as the Congressional Black The president’s proposal on mental health experience a mental illness are not violent. and gun violence is to enforce the laws al- Caucus stands on the floor, we need However, in some cases when persons with ready in place. partners in doing the right thing. I a mental illness does not receive the treat- Under a federal law enacted in 1968, an in- hope before the President leaves office, ment they need, the result can be tragedies dividual is prohibited from buying or pos- he will have the opportunity to reason- such as homicide or suicide. sessing firearms for life if he/she has been ably and rationally sign bills that will We must continue to address mental health ‘‘adjudicated as a mental defective’’ or ‘‘com- save lives. issues by: mitted to a mental institution.’’ Mr. Speaker, I am pleased to join my col- Supporting expanded coverage of mental A person is ‘‘adjudicated as a mental defec- leagues of the Congressional Black Caucus, health services and enhanced training and hir- tive’’ if a court—or other entity having legal au- Congressman HAKEEM JEFFRIES (D–NY) and ing of mental health professionals; and thority to make adjudications—has made a de- Congresswoman JOYCE BEATTY (D–OH) who Continuing the national conversation on termination that an individual, as a result of are anchoring this Special Order on Ending mental health to reduce stigma associated mental illness: 1) Is a danger to himself or to Gun Violence in America. with having a mental illness and getting help; others; 2) Lacks the mental capacity to con- Gun violence in America can no longer be and tract or manage his own affairs; 3) Is found in- swept under the rug, ignored or irrationally jus- We must also continue to do everything we sane by a court in a criminal case, or incom- tified. can to making sure that anyone who may petent to stand trial, or not guilty by reason of We are in a state of national crisis and it is pose a danger to themselves or others does lack of mental responsibility pursuant to the time to act. not have access to a gun. Uniform Code of Military Justice. Upon taking office, every Member of Con- The federal background check system is A person is ‘‘committed to a mental institu- gress makes a solemn pledge: to protect and one of the most effective ways of assuring that tion’’ if that person has been involuntarily com- defend the American people. such individuals are not able to purchase a mitted to a mental institution by a court or This is the most important oath we take as firearm from a licensed gun dealer. other lawful authority. This expressly excludes elected officials—and, to honor this promise, To date, background checks have prevented voluntary commitment. we must do everything in our power to stem over two million guns from falling into the It should be noted, however, that federal law gun violence in our nation. currently allows states to establish procedures Yet, after another mass shooting and count- wrong hands. The Administration’s two new executive ac- for mentally ill individuals to restore their right less acts of gun violence in communities to possess and purchase firearms (many across our country every day, House Repub- tions will help ensure that better and more reliable information makes its way into the back- states have done so at the behest of the Na- licans are still unwilling to act to stop gun vio- tional Rifle Association, with questionable re- lence and save lives in American commu- ground check system. The Administration, however, has acknowl- sults). nities. It is undoubtedly true that people who are a The Democrats have been calling for an im- edged the need for collective action and continues to call upon Members of Congress to danger to self and/or others because of men- mediate vote on the bipartisan King-Thompson tal illness should be prohibited from owning Public Safety and Second Amendment Rights pass common-sense gun safety legislation and to expand funding to increase access to firearms. Protection Act to strengthen the life-saving It is less clear, however, how to tailor new mental health services. background checks that keep guns out of the policies to better protect the American public I too call upon my colleagues to come to- wrong hands. while at the same time avoiding the stig- gether and pass legislation that will help stop This Congress has a moral obligation to do matization of Americans with mental illness. our part to end the gun violence epidemic. the loss of innocent lives. Any strategy to address the lethal intersec- Now is the time for Republicans to join While we have made some progress in tion between guns and mental illness should Democrats in protecting the lives of Americans strengthening the National Instant Criminal focus on the key facts: by taking common sense steps to save lives. Background Check System (NICS), which is On average, more than 100,000 people in The Administration has announced two new used to run background checks on those who America are shot in murders, assaults, and executive actions that will help strengthen the buy guns from federally licensed gun dealers other crimes. federal background check system and keep to make sure they are not prohibited by law More than 32,000 people die from gun vio- guns out of the wrong hands. from owning a firearm, we must do more. lence annually, including 2,677 children under I have introduced two bills that will hopefully I am a strong supporter of a right of privacy the age of eighteen years old. enhance these executive actions and support and I am particularly sensitive and protective Suicide is the leading cause of gun related the President’s recently announced action on of patient privacy rights. deaths in America. gun violence. I support the Health Insurance Portability 60 percent of deaths by guns in America H.R. 4315—Mental Health Access and Gun and Accountability Act that was passed by are the result of individuals using these weap- Violence Prevention Act—authorizes $500 mil- Congress in 1996, and includes privacy pro- ons as a means to commit suicide.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\K11JA7.066 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H272 CONGRESSIONAL RECORD — HOUSE January 11, 2016 Some of these deaths might have been pre- when some gun owners (and the National flect on gun violence on one too many vented if there were adequate background Rifle Association) told Florida legislators occasions because it is an epidemic in checks. that their doctors were harassing them by communities across the country. Each year hundreds of law enforcement offi- asking about gun safety. In fact, we are 11 days into 2016, and The legislators responded by passing a law there have already been 80 shootings in cers lose their lives to gun violence been shot that bars health care workers from dis- to death protecting their communities. cussing or recording anything about their my hometown of Chicago. Four people Millions of guns are sold every year in ‘‘no patients’ gun ownership or safety practices were shot and killed in less than 24 questions asked’’ transactions and experts es- that could be deemed in bad faith, irrelevant, hours. timate that 40 percent of guns now sold in or harassing. (Twelve other states have con- I applaud President Obama’s bold ex- America are done so without a background sidered enacting similar legislation, but only ecutive action that has been talked check. Florida has actually passed such a law.) about tonight. I believe these policies National Instant Criminal Background Check The result was the Firearms Owners’ Pri- will keep guns out of the hands of vacy Act. The law provides that licensed criminals and dangerous individuals. System (NICS) was created in 1998 to require health care practitioners and facilities: potential gun buyers to pass an instant If you listen to some, they will say ‘‘may not intentionally enter’’ information they are trying to take our guns. There screening at the point of purchase. concerning a patient’s ownership of firearms Ensures that purchasers are not felons, do- into the patient’s medical record that the is nothing in the executive action that mestic abusers, mentally ill, etc. practitioner knows is ‘‘not relevant to the says that. The opposition is pushing NICS has blocked sales to more than 2 mil- patient’s medical care or safety, or the safe- fear, not fact. With over 30 Americans killed by lion prohibited people. ty of others,’’ and ‘‘shall respect a patient’s NICS stops 170 felons and 53 domestic right to privacy and should refrain’’ from in- guns every single day inaction is not quiring as to whether a patient or their fam- an option. abusers from purchasing guns every day. ily owns firearms, unless the practitioner or The most serious issue facing NICS is the facility believes in good faith that the ‘‘in- b 2100 ‘‘private sale loophole’’. formation is relevant to the patient’s med- In my nearly 3 years in Congress, the This allows anyone who is not a federally- ical care or safety, or the safety of others.’’ majority party has refused to do any- licensed dealer to sell guns without a back- Violations of the act could lead to discipli- thing on gun violence—not one hear- ground check. nary action including fines and suspension, ing, not a single vote. To right what An estimated 40% of gun transfers—6.6 mil- or revocation of a medical license. Pro- Congress has, unfortunately, made ponents of such laws say these doctor-pa- lion transfers—are conducted without a back- wrong, President Obama did what was ground check. tient dialogues violate the patients’ Second Amendment rights. necessary to address the threat to our Armslist.com is the largest online seller of long-term national security and eco- Mr. JEFFRIES. I thank the distin- firearms. nomic stability. While we can’t stop guished gentlewoman for the tremen- 66,000 gun ads are posted by private sell- every criminal from committing every dous work you continue to do on the ers on a given day, 750,000 per year. crime, we can take actions that will Judiciary Committee. I look forward to Nearly 1/3rd of gun ads on Armslist.com are save lives. partnering with you. posted by high-volume unlicensed sellers While President Obama’s executive As you point out, the Second Amend- (approx. 4,218 people). actions are crucial steps in reducing ment protects the right to bear arms. High-volume sellers posted 29% of the gun the senseless gun violence that is It should not protect the ability of oth- ads. plaguing our Nation, they do not ab- ers to utilize weapons, often of mass High-volume sellers posted 36,069 gun ads solve Congress of its moral responsi- destruction, in doing harm to Ameri- over 2 months. bility to act. There are gaps in existing cans without a license or any legal This would equate to around 243,800 guns gun laws that leave us all vulnerable to bases for doing so. All we want is ra- each year by unlicensed sellers. gun violence. These holes are ones that tional gun safety and gun violence pre- 50% were familiar with federal laws but de- only Congress can plug. cided they didn’t apply to them. vention. I look forward to continuing I have two commonsense bills that 1/3rd of ‘‘want-to-buy’’ ads are posted by to work with you in that regard. will complement President Obama’s ex- people with a criminal record. It is now my honor and privilege to ecutive actions and that will help bring More than 4 times the rate at which prohib- yield to the gentlewoman from Illinois a reduction in firearm mortality. ited gun buyers try to buy guns in stores. (Ms. KELLY), one of my classmates. She The first bill, H.R. 224, the Recog- Approximately 25,000 guns are in illegal has been a tremendous and forceful ad- nizing Gun Violence as a Public Health hands. vocate for gun violence prevention Emergency Act, would require the Sur- [From Slate, Jan. 8, 2016] measures, not only as the chair of the geon General to submit an annual re- CBC Health Braintrust, for which she THE ABSURD LOGIC BEHIND FLORIDA’S DOCS port to Congress on the public health has been tireless on so many different VS. GLOCKS LAW impact of gun violence. The bill cur- issues, but also in her capacity within THE SECOND AMENDMENT TRUMPS ALL OTHER rently has 135 cosponsors, and I hope the House Democratic Caucus, as well AMENDMENTS that this commonsense proposal can as a chair of the CBC Gun Violence (By Dahlia Lithwick and Sonja West) get an up-or-down vote this year. Prevention Task Force, someone who Also, I recently introduced H.R. 225, Gun-rights advocates have made a lot of stood up countless times for the chil- claims over the years about the broad scope the Firearm Safety Act, which would of their constitutional rights. They say, in dren in Chicago and the many others close the loophole which prevents the effect, that the Second Amendment means who have been dealing with unaccept- Consumer Product Safety Commission they can buy virtually any gun they want able levels of gun violence. from creating rules regarding the safe- and take it pretty much anywhere. But in an Ms. KELLY of Illinois. I thank my ty of firearms. ongoing legal battle in Florida, they lay good friends, the gentleman from New Quite simply, if the Consumer Prod- claim to a newfangled Second Amendment York (Mr. JEFFRIES) and the gentle- uct Safety Commission can regulate right—the right not to have anyone talk to woman from Ohio (Mrs. BEATTY) for teddy bears, bicycle helmets, and car gun owners about their guns. Specifically, this important Special Order hour to- gun advocates don’t want doctors discussing seats, it should be able to regulate fire- guns, or the potential harms those guns may night. arms. Simply improving safety lock cause, with their patients. Congressman JEFFRIES, you have quality and improving storage safety And while mere talk about guns might chaired these Special Order hours for will reduce accidents, misfires, and will seem to have nothing to do with the right to the Congressional Black Caucus in my prevent theft, saving thousands of keep or bear arms, the advocates contend first term, so it is good to see you back lives. that the Constitution is on their side. Last in the driver’s seat with our classmate, Senseless gun violence has been month, for the third time in the same suit, Representative BEATTY. plaguing our Nation for far too long. It a federal court of appeals agreed. Last year, I had the privilege of lead- is simply unacceptable in the United This very bizarre case is filed under the name of Wollschlaeger v. Governor of the ing the Special Order hour with our States of America that gun violence is State of Florida, although First and Second colleague, the Honorable DONALD the leading cause of death for people amendment buffs may recognize it under the PAYNE of New Jersey. In the course of under 24. It is time for us to come to- cutesy nickname Docs vs. Glocks. It started that year, we came to this floor to re- gether to end the gun violence that is

VerDate Sep 11 2014 06:58 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.028 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H273 taking a generation of young Ameri- doing not only with our Health bers of the New York City’s City Coun- cans. Braintrust, but by being an outspoken cil when my colleague, the Honorable I often ask: Just how many and just and forceful advocate for the end to James E. Davis, was gunned down be- who has to die before we take action? gun violence not only for her district fore all of his colleagues—workplace I urge my colleagues to attend a fu- in Chicago, Illinois, but for all commu- domestic terrorism. neral to see and to feel the hurt and nities across this Nation. That incident has been with me from loss. Your standing for moments of si- Madam Speaker, gun violence in the that day forward. To this day, at a mo- lence and then your sitting in silence United States has reached epic propor- ment’s notice, I can recall the trauma does nothing to deal with this issue. tions in the 21st century. The death, of that day, what it meant to see my Let’s stop the hypocrisy and take ac- the trauma, the devastation that we colleague’s life taken from him and to tion and save lives. are witnessing can no longer be toler- hear the gunplay that took place in the Mr. JEFFRIES. I thank the distin- ated. Congress must act now. New York City Council’s chambers. guished gentlewoman, my good friend Over the past decade in America, I am not alone. There are millions of from Illinois, for the very powerful more than 100,000 people have been Americans who are witnesses to gun vi- presentation and for her steadfast lead- killed as a result of gun violence and olence or who may have been maimed ership. millions more have been maimed by by gun violence and who did not nec- Madam Speaker, one of the reasons the reckless and unlawful discharging essarily die as a result of it, but whose we believe that Members of Congress of firearms. lives have been changed dramatically. need to act is that State laws are so in- I applaud President Barack Obama We should not have another genera- consistent from one jurisdiction to the for taking this historic executive action of Americans who can speak to the other. tion to address gun violence in our Na- unspeakable horror of what it is to ei- In New York, we experience gun vio- tion. These actions will save lives and ther be impacted directly in the loss of lence in certain communities at un- will make America a safer place. The a loved one or to be the families who precedented levels notwithstanding the President’s actions will strengthen life- have to recount the times when they fact that we have tremendously signifi- saving background checks, improve have had to be at the hospital with cant and robust gun violence preven- mental health services, and expand someone who is trying to recover from tion measures in place. smart gun technology. being gunned down. But the overwhelming majority of We have all that we need in the It is our obligation, our responsi- United States to observe the Second guns used to commit crimes in the bility, as lawmakers for this Nation to Amendment rights of Americans and, Brooklyn communities, represented by get this right for future generations. at the same time, to take our Nation me and YVETTE CLARKE, actually come So I applaud President Obama for from the neighboring States of Penn- into the 21st century with responsible doing what he could do within the pa- gun ownership that leaves little room sylvania as well as up the I–95 corridor rameters of his authority. It is now for the illegal gun activity that we see from States in the Deep South. time for the United States House to do taking place in terms of gun traf- Chicago, as ROBIN KELLY has indi- its job. cated, has been experiencing unprece- ficking, in terms of the use of deadly Mr. JEFFRIES. I thank my good arms in the hands of those who are un- dented levels of gun violence. Illinois friend and colleague for a very power- licensed to hold them. actually has pretty robust gun safety- ful presentation and for pointing out As it relates to background checks, gun violence prevention laws on the the proposals focus on new background the sensibility of supporting all of the books, but the overwhelming majority check requirements that will enhance President’s efforts, but particularly as of guns used to commit crimes in Chi- the effectiveness of the National In- they relate to the ATF, which is the cago come from the neighboring States stant Criminal Background Check Sys- Federal agency charged with enforcing of Indiana and Wisconsin, which have tem, the NICS, and the greater edu- our Nation’s gun laws. lax laws. cation and enforcement efforts of exist- Two hundred additional agents is the Out in south central Los Angeles, the ing laws at the State level. bare minimum that we can hire to situation has gotten better over the Specifically, it directs the Bureau of make sure that the ATF has the man- last decade or so. California has pretty Alcohol, Tobacco, Firearms and Explo- power and resources necessary to pre- strong gun safety-gun violence preven- sives to require any business that en- vent the illegal trafficking of guns into tion laws. The overwhelming majority gages in the sale of guns to obtain a places like the Brownsville and East of guns used to commit crimes in south Federal license to do so and to conduct Flatbush neighborhoods that Congress- central Los Angeles and in east LA ac- background checks. woman YVETTE CLARKE so passionately tually come from the neighboring It calls for the increased funding for represents. State of Arizona. That is why we need the ATF in the hiring of 200 new ATF If you block funding for the ATF, Congress to act in order to deal with agents and investigators to help en- what you essentially are doing is sup- what is a national problem. force existing gun laws, and it requires porting the efforts of the merchants of Madam Speaker, it is now my great the ATF to issue a rule requiring back- death who rely on underenforcement honor and privilege to yield to my good ground checks for the purchasers who by the ATF, because of an absence of friend and colleague, my sister from purchase certain dangerous firearms resources, in order to flood commu- the neighboring congressional district and other items through a trust, a cor- nities like Chicago; south central Los of mine and who has been such a force- poration, or other legal entity. It en- Angeles; parts of Brooklyn; Newark, ful advocate on behalf of the commu- courages greater communication be- New Jersey; and many other neighbor- nities that she represents in Brooklyn, tween Federal and State authorities on hoods with illegal weapons. the distinguished gentlewoman from criminal history information. Madam Speaker, I yield to my good the Ninth Congressional District of What could be wrong with that? That friend and colleague, Congressman New York, Congresswoman YVETTE is within the boundary of our laws, DONALD PAYNE. I thank him as well as CLARKE. within our constitutional rights, and it R. KELLY. D. PAYNE and R. KELLY made Ms. CLARKE of New York. Let me makes our Nation safer. a fantastic combination. We thank first start by thanking my brother I come to this floor today as one who them for their distinguished service from the neighboring district in Brook- considers herself to be a victim of gun last year in leading the CBC Special lyn, New York (Mr. JEFFRIES), along- violence. We need to confront this Order hour. side my sister from Ohio, Mrs. JOYCE right away because, for many in our I yield to the gentleman from New BEATTY, for their leadership in our communities, it is not only those who Jersey. Congressional Black Caucus Special have been physically harmed by gun vi- Mr. PAYNE. Let me thank the gen- Order hour, discussing gun violence olence, but those who have been trau- tleman from New York, who passed the and gun safety measures. matized by being a witness to gun vio- baton to R. KELLY and me in 2015. We Let me also commend the Honorable lence. have rounded the corner and have put ROBIN KELLY of Illinois for her leader- I had the unfortunate privilege, if it back in his capable hands, along ship in doing the work that she is you will, of being in the Council Cham- with our classmate’s, the honorable

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.068 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H274 CONGRESSIONAL RECORD — HOUSE January 11, 2016 gentlewoman from the great State of We need a Federal approach to gun with the United States Virgin Islands, Ohio, JOYCE BEATTY, who is dem- violence because it is a problem across sadly are a near daily occurrence. onstrating day in and day out why she State lines. Case in point, New Jersey While we pause for moments of silence was such a great leader in the Ohio legis a net importer of crime guns. In after mass shootings like the ones in islature. She has brought those talents other words, more illegal weapons con- Newtown or San Bernardino, the thou- to bear on the entire Nation. fiscated by law enforcement came from sands of victims of mass shootings that Madam Speaker, these are very seri- out of the State than there were pur- play out daily in cities like New York ous times. I want to start out by com- chased from in the State. City and the U.S. Virgin Islands go mending the President of the United Reducing gun violence is vital to the largely unnoticed and unrecognized. States, President Obama, in the face of safety and security of American com- While the President’s actions will un- insurmountable odds, for not being munities. My colleagues on the Repub- doubtedly save lives, we know that hampered in wanting to do something lican side of the aisle should drop the communities like our own and the with this terrible, terrible scourge that politics and pandering. They should in- many other minority communities we suffer from in this Nation. stead join with Democrats in sup- across this country, there needs to be Gun violence impacts many different porting the President and his common- more comprehensive action to address communities in this Nation, some more sense reforms and, like my gun the underlying issues that are at the than others, but it impacts us all. I was buyback program, to address gun trag- root of gun violence. proud to see the President step forward edies in all communities. I want to ask that this Congress act and not be hampered in doing some- Let me just say, Madam Speaker, no on these things. This Congress has in thing. If the obstructionists on the one wants to take guns away from any- its power the ability to save thousands other side of the aisle want to continue one. We understand the laws and lib- of lives. Let us not allow the nearly in that manner, then let them be, but erties that have made this Nation daily occurrence of mass shootings to he was going to do something. great. If we don’t do something in ref- become the new norm. We must act to I also commend my colleagues in the erence to gun control, then it is shame pass comprehensive gun legislation in Congressional Black Caucus for uniting on us. this Congress this year. with the President in this great effort. Mr. JEFFRIES. I yield to the gentle- Madam Speaker, I rise today in support of We understand in our communities woman from the Virgin Islands (Ms. the President’s action toward making our com- what this means. We are trying to ar- PLASKETT), a dynamic new Member of munities safer by ensuring guns are less likely ticulate it to the American people, but the House. to end up in the hands of people who we understand it. We live it. We feel it. Ms. PLASKETT. Madam Speaker, I shouldn’t have them. We see it. rise today in support of our President’s While this Congress fails to act on this mat- b 2115 actions toward making our commu- ter, suspected terrorists are free to legally pur- nities safer by ensuring guns are less chase combat-style weapons, American cities The President’s executive actions on are besieged by gun crime and thousands of gun control are a step in the right di- likely to end up in the hands of people that shouldn’t have them. lives are cut short. rection, but it is the responsibility of According to the American Academy of Pe- I want to thank my colleagues, Con- Congress to pass gun reform that diatrics, guns cause twice as many deaths in gressman JEFFRIES and Congress- makes our communities safer. young people as cancer, five times as many woman BEATTY, for bringing this hour I have joined, along with ROBIN as heart disease and 15 times as many as in- here in Congress. I am thankful for the KELLY, who mentioned two pieces of fections. Congressional Black Caucus’ Special her legislation in terms of gun con- Yet we afford no funding for research and Order hour for taking time to educate trol—after Sandy Hook several years empirical data collection, while at the same the American people of the importance ago, I proposed a piece of legislation time we spend hundreds-of-millions research- of our President’s action. that did not really see the light of day. ing and mitigating the affects of those mala- While this Congress and, in par- Since the President has not given up dies. on this effort, I will not either. ticular, our Republican colleagues have Every day this Congress fails to act, more I have a piece of legislation, which is hemmed and dithered and engaged in American families mourn: more American lives called the Safer Neighborhoods Gun political inertia and, at the end, failed are cut short—many in their prime—and more Buyback Act. It would keep guns out of to act in this matter, suspected terror- American cities continue to mount homicide the hands of the wrong people by cre- ists are free to legally purchase com- and shooting statistics. ating a voluntary Federal gun buyback bat-style weapons. American cities and Even in America’s paradise: my home dis- program. Under my bill, State and other areas of this country are besieged trict of the U.S. Virgin Islands. In 2015, there local governments, as well as gun deal- by gun crime and thousands of lives are were 40 homicides in the U.S. Virgin Islands. ers, would distribute smart, prepaid cut short. That’s a per capita homicide rate more than debit cards to gun owners in exchange According to the American Academy double that of the city of Chicago. for their firearms. of Pediatrics, guns cause twice as Gun violence in cities like Chicago, Los An- My bill incentivizes gun owners to many deaths in young people as cancer, geles and the U.S. Virgin Islands, sadly, are a voluntarily get guns off the streets. 5 times as many as heart disease, and near daily occurrence. And while we pause for This will make our communities safer 15 times as many as infections. Yet, we moments of silence after mass shootings like for our children, family, and our busi- afford no funding for research and em- the one in New Town or San Bernadino, the nesses. Commonsense proposals like pirical data collection, while at the thousands of victims of mass shootings that my bill are critical to ending our Na- same time we spend hundreds of mil- play out daily in cities like New York City and tion’s epidemic of gun violence. This lions researching and mitigating the the U.S. Virgin Islands go largely unnoticed epidemic impacts every community in effects of those other maladies. and unrecognized. America, including in my district. Every day this Congress fails to act There were 353 mass shootings in this Last year in the city of Newark more American families mourn, more country in 2015—three of which occurred in shootings increased 19 percent from American lives are cut short, many in my home district of the U.S. Virgin Islands. 2014 and homicides rose by 8 percent. In their prime, and more American cities One occurred on a crowded boardwalk on a 2015, there were at least 76 gun deaths continue to mount homicide and shoot- beautiful day in May. in my district. One-third of all of the ing statistics. The second mass shooting took place in a gun deaths in New Jersey last year Even in America’s paradise, my home housing community, where children played just happened in my district. district of the United States Virgin Is- after 5 p.m. one afternoon this past Sep- Gun violence has had a dispropor- lands, this is so. In 2015, there were 40 tember. tionate impact within the African homicides in the U.S. Virgin Islands. The third took place on a busy highway two American community and other urban On a per capita basis, that homicide days after Thanksgiving. areas. That is clear when you look at rate is more than double that of the A mass shooting occurs just about everyday what is happening in my district and city of Chicago. in this country, yet there are no moments of throughout other African American Gun violence in cities like Chicago, silence or thoughts and prayers extended to communities in New Jersey. Los Angeles, and in other places, along many of the victims.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 9920 E:\CR\FM\K11JA7.069 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H275 While the President’s actions will undoubt- to preventing such violence from happening declared war on the United States back edly save lives, we know that in communities again. in ’79 after President Carter laid the like the U.S. Virgin Islands, and the many Mr. Speaker, gun violence affects individ- foundation to allow what he called a other minority communities across this coun- uals of all backgrounds in communities all man of peace to come in and take over try, there needs to be more comprehensive across the United States. It is not a Demo- ruling Iran. His name was Khomeini. It action to address the underlying issues that cratic issue nor is it a Republican issue. It is was after that that our American Em- are at the root of gun violence. an issue that affects every American in one bassy was attacked and over 50 people The citizens living in these communities ex- form or another. Successfully reducing gun vi- taken hostages, Americans. Basically, perience inexcusable levels of poverty. In the olence in this country will take more than just we did nothing about it. U.S. Virgin Islands, more than 30 percent of legislative action from Congress. It will take So I know the President likes to say children are living below the poverty level and the collective effort of every American to that Guantanamo is used as a recruit- in Chicago, most of the South and West sides change the course of our history and end gun ing tool, but the fact is, oh, basically, have 40 to 60 percent of residents living below violence in America once and for all. if we get rid of Guantanamo, then that the poverty level. f pretty much eliminates anger at Amer- If we are serious about making our commu- ica. RADICAL ISLAMISTS nities safer and reducing gun crime, we must The fact is that while President Clin- take comprehensive action to not only reduce The SPEAKER pro tempore (Mrs. ton was sending American military to the likelihood of mass shootings like San COMSTOCK). Under the Speaker’s an- protect Muslims who were being un- Bernadino or New Town, but also address the nounced policy of January 6, 2015, the fairly treated, there were not only at- systemic divestment of resources, education, Chair recognizes the gentleman from tacks against Americans. There was support in communities of color across this Texas (Mr. GOHMERT) for half the time planning going on, not only to attack country that lead the scourge of gun violence remaining before 10 p.m. the USS Cole, but to attack America, that play out on our inner-city streets every- Mr. GOHMERT. Madam Speaker, we our facilities, our embassies, our build- day. have now learned that the administra- ings, and they were planning 9/11. In addition to The President’s action, this tion is releasing or has released Mu- There were no detainees at Guanta- congress needs to make it a priority to make hammad al-Rahman al-Shamrani, a 40- namo. adequate investments in early childhood edu- year-old citizen of Saudi Arabia. He Yet, all of this plotting and plan- cation and other programs aimed at lifting chil- was transferred to Saudi Arabia on ning—and from my discussions with dren out of poverty. January 11, 2016. people in the Middle East when I have Additionally, making meaningful reforms to Apparently, The New York Times been over there, with people who are our criminal justice system and increasing re- had gotten ahold of documents regard- from Iran, Iraq, Syria, Lebanon, when I sources to reduce the flow of drugs and illegal ing—and this is from an October 2008 have been in those countries—I haven’t guns through our ports will help fight back the recommendation for the continued de- been into Syria, but I have been right firearm black market. tention under the Department of De- there at its border—but they all say This is not about the second amendment: fense control for Guantanamo detainee, the same thing. What they use to rean overwhelming number of Americans—most and then it gives the long number—it cruit is in 1979 we were attacked by gun owners themselves—agree, that we must is Muhammad al-Rahman al-Shamrani. radical Islamists. We did nothing under do something to stop guns from getting into If you read what purports to be se- President Carter. the hands of people who shouldn’t have them. cret—I don’t know how The New York In ’83, we were attacked and around This Congress has in its power, the ability to Times got it—but you read over in his 300 marines were killed in Beirut. Con- save thousands of lives. Let us not allow the file that this Guantanamo detainee— gress, under Democratic control, said near daily occurrence of mass shootings to that would be Mr. Shamrani—on 14 Oc- we are getting our people out. So Presi- become the new norm. We must act to pass tober 2007 stated: ‘‘When I get out of dent Reagan ordered the evacuation comprehensive gun legislation. here, I will go to Iraq and Afghanistan from Beirut. Instead of fighting back, Mr. JEFFRIES. Madam Chair, I yield and will kill as many Americans as I we ran home. I understand that Reagan back the balance of my time. can. Then I will come here and kill felt that was one of the big mistakes of Ms. EDDIE BERNICE JOHNSON of Texas. more Americans.’’ his Presidency. Madam Speaker, last week, President Obama He also stated: ‘‘I love Osama bin So the attacks have been ongoing. announced a series of executive actions Laden and Mullah Omar, and if I ever The World Trade Center attack in 1993, aimed at reducing gun violence across the get out of Guantanamo, I will go back the attack on the Khobar Towers, so United States. President Obama laid out these to fight the Americans and kill as many attacks under President Clinton. much-needed steps in the face of Congres- many as I can.’’ He sent a lot of tow missiles, blew up sional inaction, which will help to reduce the The detainee stated he hated all some tents. It seems maybe like there senseless gun violence that affects countless Americans and will seek revenge if was an aspirin factory. communities across our nation. ever released from Guantanamo. The It was not Guantanamo that was the In 2014, firearms claimed the lives of more detainee said that, if he is released, he driving force in all of those years, dec- than 33,000 Americans. Over 2,800 of those would again participate in jihad ades of war against the United States. fatalities took place in my home state of against the enemies of Muslims, to in- It didn’t exist. The elimination of Texas. Perhaps there will be a time when we clude the United States. The detainee Guantanamo will not end the animos- no longer will have to read headlines about is proud of what he has done, and he is ity and the desire of radical Islamists mass murders in our schools or movie thea- willing to do anything to fight against to eliminate America from the map ters. But until then, our nation must take con- the enemies of Muslims. The detainee along with Israel. certed steps to strengthen background checks, stated he decided to become more reli- improve mental health services, and keep fire- gious because of his dislike of the U.S. b 2130 arms out of the hands of criminals and the and its citizens. And just to be clear, today the story mentally ill. This is what President Obama has So for those who have been confused from Susannah George, ‘‘Islamic State sought to achieve and I truly believe that this about the rules of civilized warfare, Claims Responsibility for Baghdad can be done without infringing on law-abiding there is nothing illegal, unconstitu- Mall Attack,’’ they are still at war. citizens’ right to bear arms. tional against the Geneva Convention Whether they are JV or not, they are There have been numerous critics of Presi- for holding people who are part of a killing people. dent Obama’s executive actions to reduce gun group who are at war with your coun- Adam Kredo from the Free Beacon violence. However, we can no longer stand by try until the group they are a part of reports today, ‘‘Obama Administration as gun violence claims the lives of more inno- announces they are no longer at war Stonewalling Investigation into 113 cent Americans. The President is limited in with you. Terrorists Inside United States’’: what he can achieve through executive ac- Now, war was declared, as some of ‘‘Senators Ted Cruz and Jeff Sessions tions alone. That is why Congress has the re- my Muslim leader friends in the Middle disclosed Monday that they had been sponsibility to pass comprehensive gun safety East and Africa tell me. It is obvious to pressuring the Obama administration legislation now and put our nation on the path the rest of the world that radical Islam for months to disclose the immigration

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JA7.030 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H276 CONGRESSIONAL RECORD — HOUSE January 11, 2016 histories of these foreign-born individ- say, if you fund somebody who says murders, that will actually stop the uals implicated in terror plots.’’ they are going to use some of that gun violence, but that will not occur Senators CRUZ and SESSIONS wrote to money, as Iran has, to fund Hamas and by taking guns out of the hands of law- the Secretaries of State and Homeland Hezbollah, which we know are terrorist abiding citizens. Security and the Attorney General: organizations, been named as such, and Madam Speaker, I yield back the bal- ‘‘The American people are entitled to you know they are terrorist organiza- ance of my time. information on the immigration his- tions, you know the money you are f tory of terrorists seeking to harm providing is going to, in turn, be pro- ARMED STANDOFF IN OREGON them.’’ They note that we already vided to terrorist organizations. knew 14 of the people that were See, back when I was a prosecutor or The SPEAKER pro tempore (Mrs. brought over as refugees turned out to judge, we would say: You know what? COMSTOCK). Under the Speaker’s an- be terrorists, foreign terrorists, radical If you are knowingly providing money nounced policy of January 6, 2015, the Islamists, but they were given legal en- to someone who has already said they Chair recognizes the gentleman from trance as refugees. are going to give it to terrorists who Oregon (Mr. BLUMENAUER) until 10 p.m. We have a right to know how many are going to kill people, well, it sounds Mr. BLUMENAUER. Madam Speaker, of those 113 that have now been ar- like there is a case to be made for you I appreciate the opportunity to come rested for terrorism were foreign born, being as guilty as they are. Certainly, to the floor this evening to speak about how many of them came in as refugees. it goes beyond the pale of gross neg- an armed standoff that is taking place These are all important. ligence, but that is hypothetically in my State of Oregon. Then we see the story from yesterday speaking. This is the ninth day of armed occu- by Jonah Bennett that almost half of I am not a prosecutor. I am not a pation of the Malheur National Wild- California driver’s licenses went to ille- judge. I am not a chief justice any- life Refuge where we have some law- gal immigrants in 2015. Wow. Under the more. But when is the sanity going to less, reckless behavior on the part of REAL ID Act, that means nobody from return when people who say they are out-of-State zealots who have taken California should be able to use their your enemies who want death to Amer- over a Federal resource. driver’s licenses to get on airplanes to ica, continue to say ‘‘death to Amer- This is really hard to comprehend for travel in interstate commerce or for- ica,’’ continue to say we are going to a moment. As has been mentioned by eign travel. provide more money, once you give us numerous commentators, imagine And then the story from Philadel- that $100 billion, $150 billion, once you what would happen if armed protesters phia, January 8, absolutely tragic. A give us that, we are going to fund more who were of a different color or of a dif- man walks up shooting police. A dis- terrorism, and it is already being re- ferent religion occupied a Federal facil- cussion today that there may be other ported. Just the announcement that ity in Chicago or Washington, D.C., or people that were involved. The gunman the money is coming has already stim- Philadelphia. We would not tolerate said he shot the Philadelphia officer ulated more attacks on those who that behavior. We would watch people for the Islamic State. The police have would hope to be free in Iran. It is trag- move in to remove them. And yet, said that. However, despite the fact ic, just tragic. here, we are talking about the ninth that this radical Islamic terrorist has But, in any event, we are living in day with impunity these people have said he shot the police officer repeat- perilous times. Many understand that undertaken to exert their own vision edly in an ambush for Allah and for the there are radical Islamists who are at for an amazing region, this high desert Islamic State, here is the headline war with us. It is time to recognize plateau in eastern Oregon, a region of from a story by Dave Boyer from that the release of a man who has said vast, arid, high desert with many key today: ‘‘Obama Administration Won- he wants to kill Americans and will lakes and wetlands, that is the location dering whether Shooting of Philly Cop after he is released should be taken at of a wildlife refuge that was created in Was Terrorist Act,’’ because they don’t his word. 1908 by President Teddy Roosevelt. It take the radical Islamist terrorist who I know there is some claim that he was deemed important to protect this shot the policeman for Allah and for may not have said the things that are critical flyway, this wildlife habitat. the Islamic State. Perhaps they think attributed to him by our own officers, We found people there slaughtering he is confused. He doesn’t sound con- our own personnel that were moni- wildlife to take the feathers to deco- fused. He sounds like he knew exactly toring him, but let me just say that is rate women’s hats. what he was doing when he walked up a real easy one. There is video some- Now, I understand that there are and ambushed, trying to kill by repeat- where, unless that has been lost with some people who are involved who have edly shooting a Philadelphia police- some of the emails that were being pur- some frustrations about issues of man- man. sued by Congress. Unless it has been agement of Federal resources. I appre- The story of January 8 from Jay Sol- lost with emails that have been deleted ciate that. This is a large, vast coun- omon in The Wall Street Journal, ‘‘Nu- to try to avoid turning them over to try, with 323 million people. In much of clear Deal Fuels Iran’s Hard-Liners,’’ Congress, those videos can be con- the West, a significant portion of the and it makes clear, as it says down sulted, and we can know for sure land is owned, managed, and adminis- here: ‘‘As much as $100 billion in frozen whether this Islamic radical that tered by the Federal Government on revenues are expected to return to Iran President Obama has released from behalf of all 323 million of us. after sanctions are lifted, which U.S. Guantanamo said the things that our I have no doubt that occasionally officials said could happen in coming people said he said. there is frustration, there is a dif- weeks. The White House hoped the cash I was hearing some of my friends’ ference of philosophy. Occasionally, windfall would aid Mr. Rouhani’s polit- comments about the gun laws. I know there are mistakes made. One of the ical fortunes.’’ we all share the desire to lessen and problems we face is that my Repub- Madam Speaker, mark my words. If eliminate gun violence in America. The lican friends in Congress for years have that $100 billion to $150 billion is pro- thousands of felony cases that came refused to adequately fund these provided by this administration here in through my court caused me repeat- grams, being able to take care of them the United States of America to Iran, edly to think back. I don’t recall any- appropriately, and that leads to frus- to its current radical Islamic leaders body who committed a crime with a trations as well. who hate the United States, who have gun that got it legally. Outlaws don’t But I think it is important to note not signed the deal that President get guns legally. that, contrary to the actions of these Obama is so proud of—and they have It has been made clear that the armed thugs, this land doesn’t belong breached it repeatedly already, we things our President has proposed to them. It doesn’t belong to the 7,000 know—that money, some of that would not have stopped one of these residents of Malheur County or even 4 money will be used to finance the kill- mass murderers that he now says spur million Oregonians. This land is in ing of Americans and Israelis. him on to take action. I would encour- trust for 323 million Americans. Now, back when I was a judge—years age my friends: Let’s work to take ac- If we overrule these interests and get and years ago, a prosecutor—we would tion that will actually stop the mass the Federal Government out of this

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.073 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H277 equation, it is not going to revert to a refuge are some of the best jobs in the Bundy, that great philosopher who ro- few of the people in the region. The region. manticizes slavery, refuses to pay le- people who have first claim on this They may not make much difference gally required grazing fees, and orga- land are the Paiute Indians, who re- in Portland, Eugene, Seattle, or Wash- nized his own armed insurrection in sided on it for thousands of years be- ington, D.C., but in a region like this, Nevada a couple of years ago. fore the Federal Government came in it is having hundreds of family-wage Americans were surprised to see that and crowded them out. jobs with good benefits, pensions. It this group, which was part of a larger This vast high desert area is worthy makes a huge difference to the local protest against Federal authority, pub- of protection, whether it is monument economy. lic land policy, and environmental land or wilderness. Many Oregonians, in- I am concerned that we are just pass- violations, was so violent and so heav- cluding people in eastern and central ing over this expectation that we have ily armed and so extreme in their de- Oregon, agree that this is worthy of an opportunity to be able to work with mands. protection. I met with a number in cen- the affected people, move it forward, I think so many Americans are just tral Oregon this year who were orga- protecting this area as opposed to hav- surprised to find that people would be nized, Friends of the Owyhee, for in- ing folks who are threatening public so violently opposed to our Federal stance, people who think that this employees and who have engaged on a Government’s role in protecting public largest area in the lower 48 States of personal basis in threatening people. lands and wildlife that they would do pristine beauty, of great environmental We have had to shut down a number of this kind of thing. import, is the largest unprotected area government operations. It is sad, it is But as a member of the House Nat- in the lower 48 States. unfortunate, and it is wrong. ural Resources Committee, I have to Now, I listened to my friend from Or- We don’t need outsiders coming into tell you I am disgusted by these reck- egon who represents the area, Con- Oregon or politicians enabling or en- less, dangerous, and criminal actions, couraging people to behave in this gressman WALDEN, express his concern but I am not totally surprised. I am not reckless, lawless fashion. We should, as and frustration. He talked about his totally surprised. a matter of fact, cut them off. challenges with the Steens Wilderness Because on any given week in the There should be no electricity to the Natural Resources Committee, you can Area and talked about his deep concern compound. They shouldn’t be using the that the administration may consider a hear the intellectual underpinnings of computers of public employees. We these dangerous, violent actions. You monument in the future for this area, shouldn’t have them ordering out for hear the divisive, over-the-top monument status for hundreds of thou- pizza or delivering food. This is goofy. antigovernment rhetoric that is spewed sands of these acres. It wouldn’t happen in any other area if by too many of our colleagues across It is interesting to note, I was in- armed thugs took over a Federal facil- the aisle, Members of Congress who volved with that process, but not as ity. deeply as my friend Congressman WAL- I have great sympathy with my may now be criticizing ever so gently the tactics of the armed criminals in DEN, who I think can justly claim cred- friend and colleague, PETER DEFAZIO, it for having been the driving force be- who felt that, by the Federal Govern- southern Oregon. hind protecting the Steens Wilderness ment not acting on the Nevada But out of the other side of their Area. But it never would have achieved lawbreakers who refused to pay the mouth they justify their actions by ar- wilderness status without the prospect, heavily discounted grazing fees—a frac- guing that their anger and frustration the looming threat, of a monument tion of what they would pay if it were with the government is somehow justi- status. in private hands—and allowing this to fied and legitimate and that we should essentially sympathize with them rath- b 2145 go on unabated, they are encouraging this lawless, reckless behavior. er than be outraged by their seditious, I was pleased in a small way to have I am pleased this evening that I am violent actions. helped facilitate that going forward. joined by my friend and colleague from I am amazed and grateful for the fact We are all better off as a result of the California, Congressman HUFFMAN, that our Federal land management and process that took place. who, prior to coming to Congress, had law enforcement authorities have been I was rather surprised that, in the a long, distinguished career dealing so patient and so passive and so def- course of his extensive comments on with environmental protection and erential because of their determination the floor of the House a week ago, dealing with balancing these interests to try to bring this to a peaceful reso- while talking about the cooperative ef- and solving problems while we protect lution. I admire and respect that. I fort and the value of the work for public interests. know where they are coming from. Steen’s Wilderness, he did not ref- I yield to the gentleman for his com- But let’s be clear about this. There erence at all the process that has been ments this evening. has to be accountability for the occu- taking place in the Malheur Basin, Mr. HUFFMAN. I want to thank my piers. This armed group of thugs occu- where we have seen advocates for local friend from Oregon for his leadership pying a refuge in the State to my north ranching interests, environmentalists, and advocacy and calling us together can’t be allowed to do this without and people in the refuge management for this important discussion tonight. consequences. itself all come together from 2010 to I want to thank him also for bringing Because many people—you men- 2013, developing a vision to protect this up our great conservation hero, Teddy tioned our colleague, PETER DEFAZIO— area, having one of the largest water Roosevelt, a Republican President who believe—correctly, in my view—that projects in the country over the next 15 I can’t help but think is rolling in his this wouldn’t have happened had there years: a plan, a vision, a commitment. grave over the fact that cornerstones been some consequences to the Bundy And it was done on a cooperative basis. of his legacy—the protection of public ranch standoff 2 years ago. You can review what is going on with lands, the protection of wildlife—are Unfortunately, despite a very similar the ongoing media coverage or with under constant assault by too many of action, despite all of the same heavily these armed, out-of-State thugs who our friends across the aisle and, for the armed threats and violence and the have invaded the wildlife refuge with last 2 weeks, by some very wrong-head- near avoidance of a tragedy that could no hint of what has happened there to ed individuals who are heavily armed have cost untold numbers of lives, be able to build a consensus, a vision, at a wildlife refuge in southern Oregon. there really were no consequences. to protect and enhance this area. Many Americans who turned on their My understanding is that Cliven The notion somehow that govern- TVs last week I think were probably Bundy still owes well over $1 million in ment ought to get out of the way and surprised to see that this heavily ranching fees to the Federal Govern- turn this all over to the private sector armed extremist group had taken over ment and that he is still grazing his is a bit strained. a national wildlife refuge and that they cattle without permission. First of all, it should be noted that were threatening to kill anyone who And because there has been no con- about half the jobs in this little county stands in their way. sequences, his son and the current gang of 7,000 people are themselves govern- They were led, of course, by Ammon that is occupying the refuge obviously ment jobs. Many of them in the wildlife Bundy, the son of the infamous Cliven took the lesson that they could do it

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.074 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H278 CONGRESSIONAL RECORD — HOUSE January 11, 2016 again. And they will do it again and Klamath, which is another part of Mr. Speaker, I yield back the balance again, as long as we continue to give southern Oregon where we saw this his- of my time. them a pass. toric coming together of farmers and f So there has to be accountability. fishermen and tribes and government There has to be some type of con- agencies. LEAVE OF ABSENCE sequences for people that do this. But The problem is that collaboration de- By unanimous consent, leave of ab- there also should be accountability for pended on an act of Congress to actu- sence was granted to: politicians who tacitly fuel incidents ally happen. Sadly, under current man- Mr. CLYBURN (at the request of Ms. like this with their inflammatory and agement, Congress is where collabora- PELOSI) for today on account of attend- hyperbolic rhetoric that always casts tion goes to die. And so we were unable ing a funeral. environmental protection as an assault to do the right thing there. But it can f on individual rights and that falsely be done. ADJOURNMENT describes our national public lands as I again want to thank the gentleman some type of a threat to State and pri- for his leadership in trying to interpose Mr. BLUMENAUER. Mr. Speaker, I vate property owners. It is not right. a little bit of sanity into this debate. move that the House do now adjourn. The truth is, in California and across Mr. BLUMENAUER. I appreciate The motion was agreed to; accord- the West, our public lands are a corner- your joining me in this conversation on ingly (at 10 p.m.), under its previous stone of lots of local and State econo- your past activity and what we need to order, the House adjourned until to- mies, including those in my district. I do in the future. morrow, Tuesday, January 12, 2016, at have huge tracts of Federal public You are right. These are, if done cor- 10 a.m. for morning-hour debate. rectly—and you have had some of these lands in the Second Congressional Dis- f experiences in California—huge eco- trict of California, from vast national nomic opportunities. EXECUTIVE COMMUNICATIONS, parks and recreational areas to three There are 47 million bird watchers in ETC. different national forests, to numerous this country. They spend somewhere in Under clause 2 of rule XIV, executive national monuments and lots and lots the neighborhood of $40 billion a year. of BLM lands. communications were taken from the In the Malheur Wildlife Refuge, almost Speaker’s table and referred as follows: For many of my constituents, Fed- 24,000 people made that long, long, 3961. A letter from the Under Secretary of eral lands help them put dinner on the long, long journey. And I will guar- table. It helps them pay their bills. Defense, Personnel and Readiness, Depart- antee you they wouldn’t have been ment of Defense, transmitting a letter au- Ninety-one percent of western voters sightseeing there but for the wildlife surveyed responded that they believe thorizing Vice Admiral Kurt W. Tidd, United refuge. States Navy, to wear the insignia of the public lands are an essential part of You referenced the Klamath. It is a grade of admiral, pursuant to 10 U.S.C. their State’s economy. We need to re- lost opportunity if we are not on our 777a(b)(4); Public Law 111-383, Sec. 505(a)(1); member this. toes. Removing those four dams that (124 Stat. 4208); to the Committee on Armed So I want to protect public lands, and have obstructed the flow of spawning Services. I want to work cooperatively with the salmon, prohibiting us from meeting 3962. A letter from the Under Secretary of Federal agencies that manage them to our obligation to Native Americans, Defense, Personnel and Readiness, Depart- iron out differences. ment of Defense, transmitting a letter au- would create hundreds and hundreds of thorizing Colonels Sean A. Gainey and Pat- Our Federal Government isn’t per- family-wage jobs for years in northern fect. They make mistakes. Sometimes rick B. Roberson, United States Army, to California. wear the insignia of the grade of brigadier they are not the best neighbors. Some- It is just one more example of where general, pursuant to 10 U.S.C. 777(b)(3)(B); times they aren’t always as responsive Congress is missing in action and Public Law 104-106, Sec. 503(a)(1) (as added by and respectful to the communities and where Congress hasn’t appropriately Public Law 108-136, Sec. 509(a)(3); (117 Stat. individuals that live nearby. funded these agencies to be able to 1458); to the Committee on Armed Services. Part of our job as Members of Con- fully meet the opportunities. 3963. A letter from the Assistant Secretary gress who represent those communities It is hard for me to express my won- of Defense, Strategy, Plans and Capabilities, is to try to make sure that the govern- derment that some people will come to Department of Defense, transmitting the Air ment, for its part, is doing the right Force Addendum to FY 2015 and FY 2016 Re- the floor and somehow try and cele- ports on the Plan for the Nuclear Weapons thing: listening, being a good neighbor. brate the Hammond family, people who Stockpile, Nuclear Weapons Complex, Nu- I have seen it work time and time were convicted of arson and who have a clear Weapons Delivery Systems, and Nu- again. And the notion that the only record of having broken the law before. clear Weapons Command and Control Sys- way to resolve differences with Federal Public records show behavior that is tem Specified in Sec. 1043 of the National De- land management agencies is to take not that of people you want for your fense Authorization Act for FY 2012; to the up arms and threaten a violent insur- neighbors. These folks do not have Committee on Armed Services. rection is just absolutely nonsense. clean hands. Yet, we have out-of-State, 3964. A letter from the Assistant Secretary for Legislation, Department of Health and So those are a few of my thoughts. I armed thugs taking over this facility certainly could go on at length about Human Services, transmitting the National to somehow talk about these convicted Health Service Corps Report to the Congress some of the success stories I have seen felons and undercut this process. for the year 2014, pursuant to 42 U.S.C. 254i; in my district, where communities I am hopeful that we can work to- July 1, 1944, ch. 373, title III, Sec. 336A (as have come together and actually col- gether for people to focus on the oppor- amended by Public Law 94-484, Sec. 407(a)); laborated with the Federal Govern- tunities and have the administration (92 Stat. 2277); to the Committee on Energy ment, not just as a neighbor, but as a step up, act responsibly, cut these peo- and Commerce. partner to do things, including things ple off and remove them, and to take 3965. A letter from the Assistant General that brought jobs to those commu- action against other lawbreakers like Counsel for Legislation, Regulation and En- nities. ergy Efficiency, Office of Energy Efficiency we would in other areas of the country. and Renewable Energy, Department of En- I have seen it in Trinity County with I appreciate you joining me today to ergy, transmitting the Department’s final a process called the Trinity County have a little bit of conversation here to rule — Energy Conservation Program: Test Collaboration, where, believe it or not, try and round out the picture that is Procedures for Ceiling Fan Light Kits [Dock- environmentalists are working to- missing from the media. It is probably et No.: EERE-2014-BT-TP-0007] (RIN: 1904- gether with folks in the forest products not going to get us on Fox News, but AD17) received January 6, 2016, pursuant to 5 industry and with Federal agencies and these are things that the American U.S.C. 801(a)(1)(A); Added by Public Law 104- with all sorts of other interests and public needs to know. 121, Sec. 251; (110 Stat. 868); to the Committee they have agreed to cut thousands of Because there is a path forward. on Energy and Commerce. There has been a regional consensus 3966. A letter from the Assistant Secretary acres of trees as part of a comprehen- for Legislation, Department of Health and sive stewardship plan. that has developed. There is a vision to Human Services, transmitting the ‘‘Report It can work. It is very unique, but it protect the wildlife refuge and its eco- to Congress on Coordination of Federal HIV can actually work. And it can work in nomic activities and future. It is one Programs for Fiscal Years 2009-2013’’, pre- other places. It almost worked in the that we should support. pared by the Health Resources and Services

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JA7.076 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE January 11, 2016 CONGRESSIONAL RECORD — HOUSE H279 Administration, pursuant to Sec. 2681(b) of 3975. A letter from the Chairman, National Security, transmitting the Department’s the Public Health Service Act, 42 U.S.C. Transportation Safety Board, transmitting final rule — Safety Zone; Witt-Penn Bridge 300ff-81; to the Committee on Energy and the Board’s report on competitive sourcing Construction, Hackensack River; Jersey Commerce. efforts for FY 2015, pursuant to 31 U.S.C. 501 City, NJ [Docket No.: USCG-2014-1008] (RIN: 3967. A letter from the Director, Regu- note; Public Law 108-199, Sec. 647(b); (118 1625-AA00) received December 22, 2015, pursu- latory Management Division, Environmental Stat. 361); to the Committee on Oversight ant to 5 U.S.C. 801(a)(1)(A); Added by Public Protection Agency, transmitting the Agen- and Government Reform. Law 104-121, Sec. 251; (110 Stat. 868); to the cy’s direct final rule — Approval and Pro- 3976. A letter from the Director, Peace Committee on Transportation and Infra- mulgation of Implementation Plans; Wash- Corps, transmitting the semi-annual report structure. ington; Removal of Obsolete Regulations of the Peace Corps Inspector General cov- 3985. A letter from the Attorney-Advisor, [EPA-R10-OAR-2015-0813; FRL-9940-93-Region ering the period from April 1, 2015, through U.S. Coast Guard, Department of Homeland 10] received December 30, 2015, pursuant to 5 September 30, 2015, pursuant to 5 U.S.C. app. Security, transmitting the Department’s U.S.C. 801(a)(1)(A); Added by Public Law 104- (Insp. Gen. Act) Sec. 5(b); Public Law 95-452, temporary final rule — Safety Zone, Dela- 121, Sec. 251; (110 Stat. 868); to the Committee Sec. 5(b); (92 Stat. 1103); to the Committee on ware River; New Castle, DE [Docket No.: on Energy and Commerce. Oversight and Government Reform. USCG-2015-1032] (RIN: 1625-AA00) received 3968. A letter from the Director, Regu- 3977. A letter from the Acting Commis- December 22, 2015, pursuant to 5 U.S.C. latory Management Division, Environmental sioner, Social Security Administration, 801(a)(1)(A); Added by Public Law 104-121, Protection Agency, transmitting the Agen- transmitting the Administration’s report on Sec. 251; (110 Stat. 868); to the Committee on cy’s final rule — Determination of Attain- competitive sourcing efforts for FY 2015, pur- Transportation and Infrastructure. ment; Texas; Houston-Galveston-Brazoria suant to 31 U.S.C. 501 note; Public Law 108- 3986. A letter from the Attorney-Advisor, 1997 Ozone Nonattainment Area; Determina- 199, Sec. 647(b); (118 Stat. 361); to the Com- U.S. Coast Guard, Department of Homeland tion of Attainment of the 1997 Ozone Stand- mittee on Oversight and Government Re- Security, transmitting the Department’s ard [EPA-R06-OAR-2015-0117; FRL-9940-63-Re- form. temporary final rule — Special Local Regu- gion 6] received December 30, 2015, pursuant 3978. A letter from the Federal Liaison Of- lations; Temporary Change for Recurring to 5 U.S.C. 801(a)(1)(A); Added by Public Law ficer, United States Patent and Trademark Marine Event in the Fifth Coast Guard Dis- 104-121, Sec. 251; (110 Stat. 868); to the Com- Office, Department of Commerce, transmit- trict [Docket No.: USCG-2015-0400] (RIN: 1625- mittee on Energy and Commerce. ting the Department’s final rule — Inter- AA08) received December 22, 2015, pursuant 3969. A letter from the Secretary, Depart- national Trademark Classification Changes to 5 U.S.C. 801(a)(1)(A); Added by Public Law ment of Commerce, transmitting a report [Docket No.: PTO-T-2015-0077] (RIN: 0651- 104-121, Sec. 251; (110 Stat. 868); to the Com- certifying that the export of the listed items AD06) received December 29, 2015, pursuant mittee on Transportation and Infrastruc- to the People’s Republic of China is not det- to 5 U.S.C. 801(a)(1)(A); Added by Public Law ture. rimental to the U.S. space launch industry, 104-121, Sec. 251; (110 Stat. 868); to the Com- 3987. A letter from the Attorney-Advisor, pursuant to 22 U.S.C. 2778 note; Public Law mittee on the Judiciary. U.S. Coast Guard, Department of Homeland 105-261, Sec. 1512 (as amended by Public Law 3979. A letter from the Attorney-Advisor, Security, transmitting the Department’s 105-277, Sec. 146); (112 Stat. 2174); to the Com- Office of the Chief Counsel, Bureau of the final rule — Ballast Water Management Re- mittee on Foreign Affairs. Fiscal Service, Department of the Treasury, porting and Recordkeeping [Docket No.: 3970. A letter from the Secretary, Depart- transmitting the Department’s final rule — USCG-2012-0924] (RIN: 1625-AB68) received ment of the Treasury, transmitting a six- Debt Collection Authorities Under the Debt December 22, 2015, pursuant to 5 U.S.C. month periodic report on the national emer- Collection Improvement Act of 1996 (RIN: 801(a)(1)(A); Added by Public Law 104-121, gency with respect to Belarus that was de- 1530-AA12) received December 29, 2015, pursu- Sec. 251; (110 Stat. 868); to the Committee on clared in Executive Order 13405 of June 16, ant to 5 U.S.C. 801(a)(1)(A); Added by Public Transportation and Infrastructure. 3988. A letter from the Federal Register Li- 2006, pursuant to 50 U.S.C. 1641(c); Public Law 104-121, Sec. 251; (110 Stat. 868); to the aison Officer, Office of Protective Services, Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 Committee on the Judiciary. National Aeronautics and Space Administra- U.S.C. 1703(c); Public Law 95-223, Sec 204(c); 3980. A letter from the Attorney-Advisor, tion, transmitting the Administration’s di- (91 Stat. 1627); to the Committee on Foreign U.S. Coast Guard, Department of Homeland rect final rule — NASA Protective Services Affairs. Security, transmitting the Department’s in- Enforcement [Docket No.: NASA-2015-0009] 3971. A letter from the Assistant Secretary terim rule — Security Zone: Escorted Ves- (RIN: 2700-AE24) received December 28, 2015, for Export Administration, Bureau of Indus- sels, Los Angeles-Long Beach, CA, Captain of pursuant to 5 U.S.C. 801(a)(1)(A); Added by try and Security, Department of Commerce, the Port Zone [Docket No.: USCG-2015-0880] Public Law 104-121, Sec. 251; (110 Stat. 868); to transmitting the Department’s final rule — (RIN: 1625-AA87) received December 22, 2015, the Committee on Science, Space, and Tech- Updated Statements of Legal Authority for pursuant to 5 U.S.C. 801(a)(1)(A); Added by nology. the Export Administration Regulations to Public Law 104-121, Sec. 251; (110 Stat. 868); ; 3989. A letter from the Director, Office of Include Continuation of Emergency Declared to the Committee on Transportation and In- Regulation Policy and Management, Office in Executive Order 12938 [Docket No.: frastructure. of the General Counsel (02REG), Department 151123999-5999-01] (RIN: 0694-AG78) received 3981. A letter from the Attorney-Advisor, of Veterans Affairs, transmitting the Depart- December 22, 2015, pursuant to 5 U.S.C. U.S. Coast Guard, Department of Homeland ment’s final rule — Payment of Emergency 801(a)(1)(A); Added by Public Law 104-121, Security, transmitting the Department’s Medication by VA (RIN: 2900-AP34) received Sec. 251; (110 Stat. 868); to the Committee on temporary final rule — Security Zone, Dela- December 29, 2015, pursuant to 5 U.S.C. Foreign Affairs. ware River; Philadelphia, PA [Docket No.: 801(a)(1)(A); Added by Public Law 104-121, 3972. A letter from the Assistant Director USCG-2015-0732] (RIN: 1625-AA87) received Sec. 251; (110 Stat. 868); to the Committee on for Regulatory Affairs, Office of Foreign As- December 22, 2015, pursuant to 5 U.S.C. Veterans’ Affairs. sets Control, Department of the Treasury, 801(a)(1)(A); Added by Public Law 104-121, 3990. A letter from the Federal Register transmitting the Department’s final rule — Sec. 251; (110 Stat. 868); to the Committee on Certifying Officer, Bureau of the Fiscal Serv- Cyber-Related Sanctions Regulations re- Transportation and Infrastructure. ice, Department of the Treasury, transmit- ceived December 29, 2015, pursuant to 5 3982. A letter from the Attorney-Advisor, ting the Department’s final rule — Regula- U.S.C. 801(a)(1)(A); Added by Public Law 104- U.S. Coast Guard, Department of Homeland tions Governing United States Savings 121, Sec. 251; (110 Stat. 868); to the Committee Security, transmitting the Department’s Bonds [Docket No.: FISCAL-2015-0002] (RIN: on Foreign Affairs. final rule — Safety Zone; Turritella FPSO, 1530-AA11) received December 21, 2015, pursu- 3973. A letter from the Deputy Assistant Walker Ridge 551, Outer Continental Shelf on ant to 5 U.S.C. 801(a)(1)(A); Added by Public Secretary for Employment and Training, De- the Gulf of Mexico [Docket No.: USCG-2015- Law 104-121, Sec. 251; (110 Stat. 868); to the partment of Labor, transmitting the Depart- 0318] (RIN: 1625-AA00) received December 22, Committee on Ways and Means. ment’s final rule — Uniform Administrative 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added 3991. A letter from the Chief, Publications Requirements, Cost Principles, and Audit by Public Law 104-121, Sec. 251; (110 Stat. and Regulations Branch, Internal Revenue Requirements for Federal Awards Technical 868); to the Committee on Transportation Service, transmitting the Service’s IRB only Amendments (RIN: 1205-AB71) received De- and Infrastructure. rule — Federal Tax Treatment of Identity cember 30, 2015, pursuant to 5 U.S.C. 3983. A letter from the Attorney-Advisor, Protection Services [Announcement 2016-02] 801(a)(1)(A); Added by Public Law 104-121, U.S. Coast Guard, Department of Homeland received January 4, 2016, pursuant to 5 U.S.C. Sec. 251; (110 Stat. 868); to the Committee on Security, transmitting the Department’s 801(a)(1)(A); Added by Public Law 104-121, Oversight and Government Reform. final rule — Safety Zone; Titan SPAR, Mis- Sec. 251; (110 Stat. 868); to the Committee on 3974. A letter from the Chief Financial Offi- sissippi Canyon 941, Outer Continental Shelf Ways and Means. cer, Federal Mediation and Conciliation on the Gulf of Mexico [Docket No.: USCG- 3992. A letter from the Chief, Publications Service, transmitting the Service’s FY 2015 2015-0320] (RIN: 1625-AA00) received December and Regulations Branch, Internal Revenue report under the Federal Managers’ Finan- 22, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Service, transmitting the Service’s IRB only cial Integrity Act, pursuant to 31 U.S.C. Added by Public Law 104-121, Sec. 251; (110 rule — 2016 Standard Mileage Rates [Notice 3512(d)(3); Sept. 12, 1950, ch. 946, Sec. 112 (as Stat. 868); to the Committee on Transpor- 2016-1] received January 4, 2016, pursuant to added by Public Law 97-255, Sec. 2); (96 Stat. tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); Added by Public Law 815); to the Committee on Oversight and 3984. A letter from the Attorney-Advisor, 104-121, Sec. 251; (110 Stat. 868); to the Com- Government Reform. U.S. Coast Guard, Department of Homeland mittee on Ways and Means.

VerDate Sep 11 2014 05:38 Jan 12, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\L11JA7.000 H11JAPT1 emcdonald on DSK67QTVN1PROD with HOUSE H280 CONGRESSIONAL RECORD — HOUSE January 11, 2016 3993. A letter from the Chief, Publications for printing and reference to the proper By Mr. PALMER: and Regulations Branch, Internal Revenue calendar, as follows: H.R. 4361. A bill to amend section 3554 of Service, transmitting the Service’s IRB only Mr. ROYCE: Committee on Foreign Af- title 44, United States Code, to provide for rule — Inflation-adjusted items for 2015 for fairs. H.R. 757. A bill to improve the enforce- enhanced security of Federal information certain Civil Penalties under the Internal ment of sanctions against the Government of systems, and for other purposes; to the Com- Revenue Code (Rev. Proc. 2016-11) received North Korea, and for other purposes; with an mittee on Oversight and Government Re- January 4, 2016, pursuant to 5 U.S.C. amendment (Rept. 114–392, Pt. 1). Referred to form. 801(a)(1)(A); Added by Public Law 104-121, the Committee of the Whole House on the By Mr. ROKITA (for himself, Mr. Sec. 251; (110 Stat. 868); to the Committee on state of the Union. BISHOP of Utah, Mrs. BLACK, Mrs. Ways and Means. Mr. ROYCE: Committee on Foreign Af- BLACKBURN, Mr. BRIDENSTINE, Mr. 3994. A letter from the Chief, Publications fairs. H.R. 3662. A bill to enhance congres- COLE, Mr. CRAMER, Mr. CULBERSON, and Regulations Branch, Internal Revenue Mr. DUNCAN of South Carolina, Mr. Service, transmitting the Service’s IRB only sional oversight over the administration of FRANKS of Arizona, Mr. GARRETT, Mr. rule — Applicable Federal Rates — January sanctions against certain Iranian terrorism HARPER, Mr. HUIZENGA of Michigan, 2016 (Rev. Rul. 2016-1) received January 4, financiers, and for other purposes (Rept. 114– Mr. JORDAN, Mr. MEADOWS, Mr. 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added 393, Pt. 1). Referred to the Committee of the MESSER, Mr. MOOLENAAR, Mr. by Public Law 104-121, Sec. 251; (110 Stat. Whole House on the state of the Union. Mr. UPTON: Committee on Energy and MULVANEY, Mr. PITTENGER, Mr. 868); to the Committee on Ways and Means. 3995. A letter from the Chief, Publications Commerce. H.R. 3242. A bill to require spe- RIBBLE, Mr. SCHWEIKERT, Mr. STEW- and Regulations Branch, Internal Revenue cial packaging for liquid nicotine containers, ART, Mr. STUTZMAN, Mr. TIPTON, Mr. Service, transmitting the Service’s final reg- and for other purposes (Rept. 114–394). Re- WALBERG, Mr. WESTMORELAND, and ulations — Payout Requirements for Type ferred to the Committee of the Whole House Mr. ALLEN): III Supporting Organizations That Are Not on the state of the Union. H.R. 4362. A bill to amend the Social Secu- Functionally Integrated [TD 9746] (RIN: 1545- Mr. NEWHOUSE: Committee on Rules. rity Act to replace the Medicaid program BL44) received January 4, 2016, pursuant to 5 House Resolution 583. Resolution providing and the Children’s Health Insurance program U.S.C. 801(a)(1)(A); Added by Public Law 104- for consideration of bill (H.R. 1644) to amend with a block grant to the States, and for 121, Sec. 251; (110 Stat. 868); to the Committee the Surface Mining Control and Reclamation other purposes; to the Committee on Energy on Ways and Means. Act of 1977 to ensure transparency in the de- and Commerce, and in addition to the Com- 3996. A letter from the Chief, Publications velopment of environmental regulations, and mittees on Ways and Means, Education and and Regulations Branch, Internal Revenue for other purposes; providing for consider- the Workforce, the Judiciary, Natural Re- Service, transmitting the Service’s IRB only ation of the joint resolution (S.J. Res. 22) sources, House Administration, Rules, and rule — Claiming the Health Coverage Tax providing for congressional disapproval Appropriations, for a period to be subse- Credit for 2014 and 2015 [Notice 2016-02] re- under chapter 8 of title 5, United States quently determined by the Speaker, in each ceived January 4, 2016, pursuant to 5 U.S.C. Code, of the rule submitted by the Corps of case for consideration of such provisions as 801(a)(1)(A); Added by Public Law 104-121, Engineers and the Environmental Protection fall within the jurisdiction of the committee Sec. 251; (110 Stat. 868); to the Committee on Agency relating to the definition of ‘‘waters concerned. Ways and Means. of the United States’’ under the Federal By Mr. AUSTIN SCOTT of Georgia: 3997. A letter from the Chief, Publications Water Pollution Control Act; providing for H.R. 4363. A bill to amend the Internal Rev- and Regulations Branch, Internal Revenue consideration of the bill (H.R. 3662) to en- enue Code of 1986 to exclude from gross in- Service, transmitting the Service’s IRB only hance congressional oversight over the ad- come amounts paid by an employer on an rule — 2015 Cumulative List of Changes in ministration of sanctions against certain employee’s student loans; to the Committee Plan Qualification Requirements [Notice Iranian terrorism financiers, and for other on Ways and Means. 2015-84] received January 4, 2016, pursuant to purposes; and providing for proceedings dur- By Mr. TAKANO (for himself, Mr. CON- 5 U.S.C. 801(a)(1)(A); Added by Public Law ing the period from January 14, 2016, through YERS, Mr. ELLISON, Ms. JACKSON LEE, 104-121, Sec. 251; (110 Stat. 868); to the Com- January 22, 2016 (Rept. 114–395). Referred to Mr. JOHNSON of Georgia, and Ms. mittee on Ways and Means. the House Calendar. LEE): 3998. A letter from the Chief, Publications DISCHARGE OF COMMITTEE H.R. 4364. A bill to amend title V of the and Regulations Branch, Internal Revenue Service, transmitting the Service’s final reg- Pursuant to clause 2 of rule XIII, the Omnibus Crime Control and Safe Streets Act ulations — Minimum Value of Eligible Em- Committees on Ways and Means, the of 1968 to prohibit Edward Byrne Memorial ployer-Sponsored Plans and Other Rules Re- Judiciary, Financial Services, and Justice Assistance Grants from being made garding the Health Insurance Premium Tax Oversight and Government Reform dis- available to a State or unit of local government that has a contract with a person that Credit [TD 9745] (RIN: 1545-BL43) received charged from further consideration. January 4, 2016, pursuant to 5 U.S.C. charges a fee to pay-only probationers, and H.R. 757 referred to the Committee of for other purposes; to the Committee on the 801(a)(1)(A); Added by Public Law 104-121, the Whole House on the state of the Sec. 251; (110 Stat. 868); to the Committee on Judiciary. Ways and Means. Union. By Mr. GRAYSON: 3999. A letter from the Senior Procurement Pursuant to clause 2 of rule XIII, the H.J. Res. 80. A joint resolution proposing Executive, Office of Acquisition Policy, Gen- Committee on Financial Services dis- an amendment to the Constitution of the eral Services Administration, transmitting charged from further consideration. United States to prohibit gerrymandering in the Administration’s small entity compli- H.R. 3662 referred to the Committee of the establishment of Congressional districts; ance guide — Federal Acquisition Regula- the Whole House on the state of the to the Committee on the Judiciary. By Mr. COLE: tion; Federal Acquisition Circular 2005-86; Union. Small Entity Compliance Guide [Docket No.: H. Con. Res. 106. Concurrent resolution to FAR 2015-0051, Sequence No.: 6] received De- f authorize the use of United States Armed cember 29, 2015, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS Forces against the Islamic State of Iraq and 801(a)(1)(A); Added by Public Law 104-121, the Levant and its associated forces; to the Sec. 251; (110 Stat. 868); jointly to the Com- Under clause 2 of rule XII, public Committee on Foreign Affairs. mittees on Oversight and Government Re- bills and resolutions of the following By Mr. CAPUANO: form and Armed Services. titles were introduced and severally re- H. Res. 584. A resolution urging the Presi- 4000. A letter from the Senior Procurement ferred, as follows: dent to seek an independent investigation Executive, Office of Acquisition Policy, Gen- into the death of Tibetan Buddhist leader By Mr. CHAFFETZ: eral Services Administration, transmitting H.R. 4359. A bill to amend title 5, United and social activist Tenzin Delek Rinpoche the Administration’s summary presentation States Code, to provide that Federal employ- and to publicly call for an end to the repres- of interim and final rules — Federal Acquisi- ees may not be placed on administrative sive policies used by the People’s Republic of tion Regulation; Federal Acquisition Cir- leave for more than 14 days during any year China in Tibet; to the Committee on Foreign cular 2005-86; Introduction [Docket No.: FAR for misconduct or poor performance, and for Affairs. 2015-0051, Sequence No.: 6] received December other purposes; to the Committee on Over- f 29, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); sight and Government Reform. Added by Public Law 104-121, Sec. 251; (110 CONSTITUTIONAL AUTHORITY By Mr. CHAFFETZ: Stat. 868); jointly to the Committees on H.R. 4360. A bill to amend title 5, United STATEMENT Oversight and Government Reform, Science, States Code, to provide that a Federal em- Space, and Technology, and Armed Services. Pursuant to clause 7 of rule XII of ployee who leaves Government service while the Rules of the House of Representa- f under personnel investigation shall have a tives, the following statements are sub- notation of any adverse findings under such REPORTS OF COMMITTEES ON mitted regarding the specific powers PUBLIC BILLS AND RESOLUTIONS investigation placed in such employee’s official personnel file, and for other purposes; to granted to Congress in the Constitu- Under clause 2 of rule XIII, reports of the Committee on Oversight and Govern- tion to enact the accompanying bill or committees were delivered to the Clerk ment Reform. joint resolution.

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By Mr. CHAFFETZ: SCOTT of Virginia, Mr. DEUTCH, and Mr. H.R. 3060: Ms. MICHELLE LUJAN GRISHAM of H.R. 4359. MCGOVERN. New Mexico. Congress has the power to enact this legis- H.R. 226: Mr. BRENDAN F. BOYLE of Penn- H.R. 3381: Ms. DUCKWORTH and Mr. lation pursuant to the following: sylvania and Mr. MCGOVERN. JEFFRIES. Article I, Section 8, Clause 18 H.R. 228: Mr. BISHOP of Michigan. H.R. 3514: Ms. CLARKE of New York. To make all Laws which shall be necessary H.R. 539: Mrs. WATSON COLEMAN and Ms. H.R. 3520: Ms. CLARKE of New York. and proper for carrying into Execution the JUDY CHU of California. H.R. 3537: Mr. PIERLUISI and Ms. KAPTUR. foregoing Powers, and all other Powers vest- H.R. 604: Mr. SCHWEIKERT. H.R. 3556: Ms. SPEIER and Mr. HASTINGS. ed by this Constitution in the Government of H.R. 610: Mr. ROONEY of Florida. H.R. 3684: Mr. GUTIE´ RREZ. H.R. 721: Mr. PETERS. the United States, or in any Department or H.R. 3722: Mr. BURGESS. H.R. 731: Mr. LUETKEMEYER, Mr. LANGEVIN, Officer thereof. H.R. 3790: Mr. KEATING. and Ms. LOFGREN. By Mr. CHAFFETZ: H.R. 3872: Mr. HASTINGS, Mr. CLAY, Mrs. H.R. 757: Mr. GUINTA, Mr. BOUSTANY, Mr. H.R. 4360. LAWRENCE, Mr. JEFFRIES, Mr. MEEKS, Ms. GUTHRIE, Mr. GIBSON, Ms. DUCKWORTH, Mrs. Congress has the power to enact this legis- JACKSON LEE, and Ms. NORTON. lation pursuant to the following: ELLMERS of North Carolina, and Mr. POMPEO. H.R. 4000: Mr. HUDSON. Article I, Section 8, Clause 18 H.R. 829: Mr. RICHMOND. H.R. 4063: Ms. MCSALLY and Mrs. BLACK. To make all Laws which shall be necessary H.R. 870: Mr. NORCROSS and Ms. FRANKEL of H.R. 4073: Mr. GARAMENDI. and proper for carrying into Execution the Florida. H.R. 4084: Mr. GARAMENDI. foregoing Powers, and all other Powers vest- H.R. 921: Mr. BEYER. H.R. 4089: Mr. ROSS. ed by this Constitution in the Government of H.R. 923: Mr. ROKITA. H.R. 4167: Mrs. BLACK. the United States, or in any Department or H.R. 985: Mr. YOUNG of Iowa. Officer thereof. H.R. 986: Mr. HULTGREN. H.R. 4240: Ms. DELBENE. By Mr. PALMER: H.R. 994: Mr. GALLEGO. H.R. 4247: Ms. FRANKEL of Florida and Mr. H.R. 4361. H.R. 1101: Mr. FATTAH. LABRADOR. Congress has the power to enact this legis- H.R. 1116: Mrs. COMSTOCK. H.R. 4269: Ms. TITUS. H.R. 1147: Mr. ZELDIN. lation pursuant to the following: H.R. 4279: Mr. GUINTA, Mr. VALADAO, Mr. H.R. 1148: Mr. SCHWEIKERT and Mr. ROSS. Article I, Section 8, Clause 18: The Con- KNIGHT, Ms. KAPTUR, Mrs. MIMI WALTERS of H.R. 1197: Mr. KELLY of Pennsylvania and gress shall have Power * * * To make all California, and Mr. MESSER. Mrs. BROOKS of Indiana. Laws which shall be necessary and proper for H.R. 4293: Ms. MICHELLE LUJAN GRISHAM of H.R. 1220: Ms. MOORE. carrying into Execution the foregoing Pow- New Mexico and Mr. REED. H.R. 1258: Mrs. MIMI WALTERS of California. ers, and all other Powers vested by the Con- H.R. 4294: Mr. DAVID SCOTT of Georgia and H.R. 1397: Mr. ROE of Tennessee, Mr. SHER- stitution in the Government of the United Mr. CARTER of Georgia. MAN, and Mr. MULVANEY. States, or in any Department or Officer H.R. 4295: Mr. HONDA. H.R. 1567: Mr. SALMON. thereof. (Also known as the ‘‘Necessary and H.R. 4298: Mr. BOUSTANY. H.R. 1608: Mr. HUNTER, Mr. JOYCE, and Ms. Proper clause)’’. H.R. 4321: Mr. ROKITA and Mr. YOHO. CLARKE of New York. By Mr. ROKITA: H.R. 4333: Mr. CARNEY, Mr. MESSER, and H.R. 1818: Mr. COFFMAN. H.R. 4362. Miss RICE of New York. H.R. 1902: Ms. ADAMS. Congress has the power to enact this legis- H.R. 4336: Mr. BRENDAN F. BOYLE of Penn- H.R. 2034: Ms. SPEIER. lation pursuant to the following: sylvania, Mr. BISHOP of Michigan, Mr. H.R. 2058: Mr. RIBBLE and Mr. THORNBERRY. Article I, Section 8, Clause I [the Spending LANCE, Mr. POE of Texas, Mr. PALMER, Ms. H.R. 2290: Mr. BOST. Clause] of the United States Constitution TSONGAS, Ms. EDWARDS, Ms. TITUS, Mr. H.R. 2293: Ms. CLARKE of New York, Mr. states that ‘‘The Congress shall have Power MOULTON, and Mr. YOUNG of Indiana. POSEY, Mr. KILDEE, Mrs. MIMI WALTERS of To lay and collect Taxes, Duties, Imposts, H.R. 4345: Mr. TAKAI. California, and Mr. KENNEDY. and Excises, to pay for Debts and provide for H.J. Res. 2: Mr. DOLD. H.R. 2302: Mr. RYAN of Ohio. the common Defense and general Welfare of H.J. Res. 59: Ms. HERRERA BEUTLER, Mr. H.R. 2342: Mr. CLAY. ROHRABACHER, Mrs. ROBY, and Mr. CARTER of the United States.’’ The bill also makes spe- H.R. 2404: Mr. CONYERS. Georgia. cific changes to existing law in a manner H.R. 2710: Mr. CULBERSON and Mr. BRADY of that returns power to the States, in accord- Texas. H. Con. Res. 75: Mr. STEWART and Mr. LAWSON ance with Amendment X of the United H.R. 2775: Mr. GRIFFITH. C of Florida. States Congress. H.R. 2858: Mr. KENNEDY. H. Con. Res. 100: Mr. WENSTRUP. By Mr. AUSTIN SCOTT of Georgia: H.R. 2874: Ms. MCSALLY. H. Con. Res. 105: Mr. HUDSON and Mr. H.R. 4363. H.R. 2894: Ms. MCSALLY. ROKITA. Congress has the power to enact this legis- H.R. 2917: Mr. KEATING. H. Res. 54: Mr. SMITH of Missouri. lation pursuant to the following: H.R. 2992: Mr. KEATING, Mr. VARGAS, Mr. H. Res. 386: Ms. CLARKE of New York. Clause 1, Section 8 of Article I of the BERA, Ms. MICHELLE LUJAN GRISHAM of New H. Res. 445: Mr. BYRNE. United States Constitution, which reads: Mexico, Mr. GRAYSON, Mr. KILMER, Mrs. H. Res. 541: Ms. JACKSON LEE, Mr. THOMP- ‘‘The Congress shall have Power to lay and CAPPS, Mr. FARR, Mrs. LOWEY, Ms. LORETTA SON of California, Mr. GRIJALVA, Mr. LEVIN, collect Taxes, Duties, Imposts and Excises, SANCHEZ of California, Ms. ROYBAL-ALLARD, and Ms. JUDY CHU of California. to pay the Debts and provide for the common Mr. FOSTER, Mr. ISRAEL, Ms. BONAMICI, Mr. H. Res. 551: Ms. JUDY CHU of California, Mr. Defence and general Welfare of the United CICILLINE, Mrs. DAVIS of California, Ms. GRA- LIPINSKI, Mr. YOHO, Ms. FRANKEL of Florida, States: but all Duties, Imposts and Excises HAM, Mr. MEADOWS, Mr. ROE of Tennessee, Mr. CLAWSON of Florida, and Mr. VAN HOL- shall be uniform throughout the United Mr. LOEBSACK, Ms. GABBARD, Mrs. CAROLYN LEN. States;’’ B. MALONEY of New York, Mr. AGUILAR, Mr. H. Res. 569: Miss RICE of New York, Ms. By Mr. TAKANO: CUMMINGS, Ms. CLARK of Massachusetts, Mrs. FRANKEL of Florida, and Mr. CUMMINGS. H.R. 4364. BUSTOS, Ms. WASSERMAN SCHULTZ, Mr. H. Res. 571: Mr. STIVERS, Mr. GRAVES of Congress has the power to enact this legis- HUFFMAN, Mr. TAKANO, Mr. CA´ RDENAS, Mr. Missouri, Mr. BROOKS of Alabama, Mr. HAS- lation pursuant to the following: HUIZENGA of Michigan, Mr. DEUTCH, Mrs. TINGS, Mr. ZELDIN, and Mr. WILSON of South Article 1, Section 8 of the Constitution of NAPOLITANO, Mr. GARAMENDI, Mr. SARBANES, Carolina. the United States. Mr. POCAN, Ms. VELA´ ZQUEZ, Mr. BEN RAY H. Res. 575: Ms. SCHAKOWSKY, Ms. JUDY CHU By Mr. GRAYSON: LUJA´ N of New Mexico, Mr. BECERRA, Mr. of California, Ms. KAPTUR, and Mr. SAR- H.J. Res. 80. TONKO, Ms. SLAUGHTER, Mr. YARMUTH, Ms. BANES. Congress has the power to enact this legis- ESTY, Ms. DEGETTE, Mr. HASTINGS, Ms. H. Res. 582: Mr. GOSAR, Mr. FLORES, Mr. lation pursuant to the following: DUCKWORTH, Mr. WALZ, Ms. SPEIER, Mr. HIG- CARTER of Georgia, Mr. BOUSTANY, Mr. Article V of the United States Constitu- GINS, Mr. QUIGLEY, Mr. SWALWELL of Cali- BENISHEK, Mr. BYRNE, Mr. ROKITA, and Mr. tion. fornia, Mr. RUIZ, Ms. SCHAKOWSKY, Mr. DUNCAN of South Carolina. f HONDA, Mr. MURPHY of Florida, Mr. CASTRO of Texas, Mr. CONNOLLY, Mr. ASHFORD, Ms. f ADDITIONAL SPONSORS WILSON of Florida, Mr. LEWIS, Mr. DOGGETT, Under clause 7 of rule XII, sponsors Mr. DESAULNIER, Mr. NOLAN, Mr. NORCROSS, Mr. DEFAZIO, Mr. BRENDAN F. BOYLE of CONGRESSIONAL EARMARKS, LIM- were added to public bills and resolu- Pennsylvania, Mr. TAKAI, Mrs. LAWRENCE, ITED TAX BENEFITS, OR LIM- tions, as follows: Mr. SCHIFF, Ms. BASS, Mrs. WATSON COLE- ITED TARIFF BENEFITS H.R. 27: Mr. SHIMKUS. MAN, Ms. ESHOO, Ms. SEWELL of Alabama, Mr. Under clause 9 of rule XXI, lists or H.R. 224: Mr. VARGAS, Ms. MENG, and Mrs. ROHRABACHER, Mr. ELLISON, Mr. GOSAR, Mr. DAVIS of California. LANGEVIN, Mr. PAYNE, and Ms. MOORE. statements on congressional earmarks, H.R. 225: Mrs. LAWRENCE, Mr. FATTAH, Ms. H.R. 2994: Mr. LYNCH. limited tax benefits, or limited tariff CLARK of Massachusetts, Mr. KEATING, Mr. H.R. 3046: Mr. LOEBSACK and Mr. NORCROSS. benefits were submitted as follows:

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OFFERED BY MR. LAMBORN marks, limited tax benefits, or limited tariff The amendment filed to H.R. 1644 by me benefits as defined in clause 9 of House Rule does not contain any congressional ear- XXI.

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