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Vol. 161 WASHINGTON, THURSDAY, JULY 9, 2015 No. 106 House of Representatives The House met at 10 a.m. and was hospital setting. That is because doc- best seller list for The New York called to order by the Speaker pro tem- tors understand what works and what Times. pore (Mr. VALADAO). doesn’t. Doctors are very clear about The Institute of Medicine has put out f their wishes, and they choose quality a seminal, over 600-page report about of life and concern for their families as dying in America that talked about the DESIGNATION OF SPEAKER PRO well as their own well-being. problems and opportunities to provide TEMPORE I have been working in this area of more choices and protect people’s wish- The SPEAKER pro tempore laid be- end of life care for more than 6 years. es. fore the House the following commu- The Ways and Means committee unani- Yesterday was another important nication from the Speaker: mously approved my legislation as part landmark where the administration WASHINGTON, DC, of the Affordable Care Act to provide published a proposed fee schedule for July 9, 2015. greater support for families with that next year in which they have assigned I hereby appoint the Honorable DAVID G. decisionmaking process. an activity code with payment for ad- VALADAO to act as Speaker pro tempore on It did pass the committee unani- vanced care planning. this day. mously as part of the Affordable Care Now, of course, this is merely a pro- JOHN A. BOEHNER, Act, even despite the furor of the 2009 posal and CMS is still seeking com- Speaker of the House of Representatives. lie of the year about death panels, on ment, but it is a historic step forward f the strength of some of the most com- for a decision that will be finalized this MORNING-HOUR DEBATE pelling testimony that was delivered fall. It is yet another indication that not by expert witnesses, but by Mem- we can and will do a better job of meet- The SPEAKER pro tempore. Pursu- bers of the committee. ing the needs of America’s families ant to the order of the House of Janu- One of our Republican Members dis- under the most difficult of cir- ary 6, 2015, the Chair will now recog- cussed how his mother didn’t get the cumstances. nize Members from lists submitted by care that she needed at the end of her We will make sure Americans have the majority and minority leaders for life. Another physician Member of the all the information they need to make morning-hour debate. committee explained how he had these the right decisions for themselves and The Chair will alternate recognition conversations repeatedly, but unfortu- their family and then to assure that between the parties, with each party nately they were often much later than those decisions, whatever they may be, limited to 1 hour and each Member they should have been. There wasn’t are honored and enforced. other than the majority and minority adequate time for the family to pre- Medicare will pay for thousands of leaders and the minority whip limited pare. expensive medical procedures, and now, to 5 minutes, but in no event shall de- Well, there has been a sea change on for the first time, the government is bate continue beyond 11:50 a.m. this issue in part because of rising pub- placing a value on this important con- f lic awareness. Support for our bipar- versation between a patient and their tisan legislation, the Personalize Your chosen medical professional. END-OF-LIFE CARE Care Act, which I have worked on for Now it is the job of the rest of us to The SPEAKER pro tempore. The years now with Dr. PHIL ROE, has made do our part to spare our loved ones. Chair recognizes the gentleman from great strides forward. Who will speak for us if we are unable Oregon (Mr. BLUMENAUER) for 5 min- We have had advocates like Dr. Bill to speak for ourselves, and what will utes. Frist, former Republican leader of the they say? Mr. BLUMENAUER. One of the most Senate, who has spoken eloquently and f difficult and challenging situations written forcefully about the need to any family faces is dealing with cir- help families under these trying condi- PROPOSED FIDUCIARY cumstances surrounding the end of life. tions. STANDARDS Earlier this week, NPR ran a fas- The Reverend Billy Graham has writ- The SPEAKER pro tempore. The cinating story on a little-known fact ten about how it is Christian responsi- Chair recognizes the gentleman from that physicians die differently than the bility to take this on for ourselves and Florida (Mr. JOLLY) for 5 minutes. rest of us. They are more comfortable. spare our loved ones uncertainty. Mr. JOLLY. Mr. Speaker, most They are more likely to spend their Dr. Atul Gawande recently published economists and financial advisers have final days surrounded by loved ones. a brilliant work, ‘‘Being Mortal,’’ recognized that families across the They seldom die in an ICU or even in a which quickly climbed to the top of the United States are headed toward a

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 02:48 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.000 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4960 CONGRESSIONAL RECORD — HOUSE July 9, 2015 major retirement crisis. Studies have knows-best approach that communities Mexican immigrants are rapists, drug shown that a majority of households across the country continue to reject. dealers, and criminals. Clearly, if any- headed by someone aged 59 or younger My message today is a simple one: one has firsthand knowledge of Mexi- are in danger of suffering from falling The administration can do better. Do can immigrants working in the United living standards in their retirement not issue the proposed new fiduciary States, it should be the owner of a years. standard rule. hotel, casino, office buildings, or a And so the administration and this The Department received thousands clothing line. But Trump doesn’t seem Congress should be advancing policies of comments about the proposed rule to be basing his opinions about Mexi- that make retirement counseling, sav- and seemingly ignored them all. can immigrants on personal knowl- ings advice, and investment services Members of Congress from both sides edge. more accessible, not less. Retirement of the aisle have sent letters to the De- To justify his claims, Trump says planning, savings counseling, and in- partment of Labor expressing the nega- that most of the women coming from vestment advice can improve the qual- tive impacts that this proposal would Central America to the U.S. through ity of life and economic stability of have on their communities, and we Mexico and other countries report every American. have begged the Department of Labor being sexually assaulted. On this point, Yet recent actions by this adminis- to revisit this rule and simply do bet- he and I have some agreement. Women tration, however well intended, will ter on behalf of the American people. and children at the lowest rung of our make these financial services less ac- Congress has also taken action on its economic and social ladder are incred- cessible and less affordable to those own and will continue to do so. Re- ibly vulnerable to sexual assault and who are in most need of them by for- cently, the Appropriations Committee rape. But the leap from saying that ever changing the rules regarding fi- included provisions within their respec- most undocumented women are vulner- nancial advising related to retirement tive bills in the House and Senate to able to assault and saying most un- accounts. halt the administration from moving documented men are rapists is, as he Mr. Speaker, for years the commu- forward on this perhaps well-intended might say himself, huge. nity of financial advisers, including but completely wrong proposed rule. It The documentary on PBS Frontline, those throughout Pinellas County and was right that we did so. ‘‘Rape in the Fields,’’ was a powerful the Tampa Bay area that I have the The administration simply must do expose on how immigrant women toil- privilege to represent, has been gov- better. It starts with recognizing that ing in our fields are regularly the vic- erned by what is known as the suit- the financial adviser industry is com- tims of rape and abuse because per- ability standard; that is, a financial ad- prised of men and women across this petrators recognize how vulnerable im- viser is required to provide financial country who provide a valuable con- migrant women are. They are afraid to counseling and investment rec- tribution to individuals and couples talk to the police, afraid they will be ommendations that are suitable for a seeking retirement guidance. deported, and afraid they will lose client based upon that client’s finan- Then let’s realize that transparency their children. And this fear to report cial position and financial goals. The and sunlight can solve most concerns. crimes makes us all less safe. suitability standard requires advisers But to instead impose a new legal Yes, the rape and abuse is sometimes to act fairly in dealing with clients. standard that will only increase com- perpetrated by other Latino immi- This suitability standard has served pliance cost, result in expensive and grants, perhaps even Mexicans, but individual investors well for many needless litigation and ever more trial these crimes are also committed by years, creating a market for financial attorney fees and will ultimately men of all colors and national origins, services for new and low dollar inves- eliminate financial counseling to hun- including red, white, and blue Ameri- tors seeking basic investment services dreds of thousands of families who need cans. and thoughtful financial and retire- it most, well, Mr. Speaker, that is the So when Donald Trump says on CNN, ment planning. wrong answer. ‘‘Well, someone is doing the raping,’’ as But the administration is now in the Let’s keep the suitability standard. further evidence that we should be process of replacing that standard with Let’s trust financial advisers for the building a big wall so he can plaster his a new standard called the fiduciary good service they provide. Let’s strict- name on it and keep immigrants out, I standard. This new standard, under the ly enforce the current law against the think it is pretty clear The Donald guise of protecting investors, will actu- very small number of individuals who misses the point. ally have the opposite effect. The ad- seek to take advantage of individual The question is: How do we create an ministration’s proposed rule will ulti- investors. Let’s protect financial serv- immigration system that protects us mately reduce or, in some cases, elimi- ices for those who need them most. from criminals and that allows people nate financial counseling, products, And let’s revisit a rulemaking process to come with visas and not smugglers and services to new and low dollar in- that focuses only on transparency, ul- so that their work is honored, safe, vestors. The rule will result in the timately providing consumers and cli- protected by our labor laws? How do we elimination of financial products that ents with the information they need to make sure that these workers who con- adequately compensate advisers for make responsible investment decisions tribute so much to America’s economy their services, and it will increase the and to responsibly select a financial are not afraid to dial 911 and report cost of compliance on advisers who ul- adviser that is right for them. wage theft or assault when someone, timately will need to pass on those It is time that this administration anyone, is threatening them or their costs to clients through a higher fee begins trusting the American people. families? structure. And it will simply cause f Now, the anti-immigration wing of some advisers to cease serving many the Republican Party in this body and clients who are, in fact, in most need of IMMIGRATION on the air is saying that Trump may financial services. The SPEAKER pro tempore. The have a point. After all, a beautiful, in- But worse, Mr. Speaker, the Depart- Chair recognizes the gentleman from nocent woman was shot in cold blood ment of Labor’s new rule reflects the Illinois (Mr. GUTIE´ RREZ) for 5 minutes. by a Mexican immigrant in San Fran- approach we continue to see from regu- Mr. GUTIE´ RREZ. Mr. Speaker, for cisco just last week. lators throughout this administration, the record, I am not Mexican, and I am Why wasn’t he deported? Why wasn’t an arrogant and demeaning suggestion not an immigrant. Given the rhetoric he held in jail the last time? And you that industry throughout America is of one of the leading Republican can- will actually hear this on FOX News: necessarily comprised of all bad actors, didates for President, it is important Why is President Obama letting Mexi- and unless these actors are forced to do to point that out at the start before I cans kill beautiful young American so by this administration, they will no am accused of being a criminal, a drug women? longer do right or do good but for the dealer, or a rapist. As the father of two daughters about heavy hand of government and the To be fair, Donald Trump didn’t say the age of Kate Steinle, the young heavy hand of this administration that all Latinos or all Mexicans are woman who was shot and killed, I pray making them do so. It is a Washington- rapists, just that the vast majority of every night that no one of any racial or

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.004 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4961 ethnic background ever does my daugh- ents trying to navigate the confusing coverage and services that meet their ters harm, and I can only imagine the Washington bureaucracy that is needs. grief that her family is feeling. ObamaCare. A government takeover of health When we have felons in Federal cus- Members of Congress have to buy care is not what Americans asked for tody or State or local custody with their health insurance on the and certainly not what we can afford. warrants for drug crimes who are de- ObamaCare exchanges along with mil- f ported multiple times and come back, lions of other Americans, and I experi- STAND UP AGAINST RIGHT TO this Congress has not done its job, un- enced many of the same frustrations, WORK LAWS fairly leaving States and localities to including the nightmare of navigating cope with decades of inaction on immi- a confusing, unfinished Web site. The SPEAKER pro tempore. The gration, criminal justice, and a range Despite its central promise, the Af- Chair recognizes the gentleman from of other issues. I have no sympathy for fordable Care Act has proved to be any- Illinois (Mr. QUIGLEY) for 5 minutes. the man accused in this crime. Mur- thing but affordable for many North Mr. QUIGLEY. Mr. Speaker, Ronald derers should rot in hell. Carolinians, and the Supreme Court’s Reagan once said: ‘‘Where free unions So if we had a system that allowed recent decision in King v. Burwell and collective bargaining are forbid- people who have lived here a long time, doesn’t change that fact. den, freedom is lost.’’ contributed productively to American House Republicans are continuing When President Reagan made those society, and who have children and our efforts to minimize the damage remarks in 1980, he recognized then other deep roots in the United States, caused by ObamaCare. We have passed what many can’t seem to understand what if we allowed them to come for- legislation that would permanently re- now: efforts to undermine unions are ward? What if we made them pay for peal ObamaCare’s 2.3 percent excise tax an attack on workers’ rights. their own criminal background checks, on medical devices, which has hindered Unions have long been the foundation fingerprinted them, made them prove innovation as well as restricted growth of our middle class and helped create their identity, and check on them and job creation in an industry that the most competitive workforce in the every so often to make sure that they has improved the quality of life of mil- world. The 40-hour workweek, min- are not gaming the system or commit- lions around the world. imum wage, sick leave, workers comp, ting crime? We have voted to repeal the Inde- overtime pay, and child labor laws are What if we had a system where peo- pendent Payment Advisory Board, just a few of the basic labor rights that ple came here legally in the first place, which was created under the Presi- unions have championed over the years if they could prove their identity and dent’s healthcare law and gives a panel that many now take for granted; yet that they had no criminal background? of 15 unelected, unaccountable bureau- for all the good that unions have done I argue that such a system would crats sweeping authority to slash Medi- to empower all workers across this allow us to reduce significantly the care payments to providers or elimi- country, there has been a recent re- number of people who are in this coun- nate payments for certain treatments vival in the war against them, and the try without legal status. It would and procedures altogether. weapon of choice has been right to shrink the size of communities where The House has passed legislation that work laws. many people are undocumented, where would change ObamaCare’s 30-hour def- Don’t be fooled by the name. The people are afraid to call the police so inition of full-time employment and re- only thing right to work laws do is un- that criminals find it easy to blend in store the traditional 40-hour work- fairly allow free-riding workers to ben- and not stick out. Such a system would week. From adjunct professors to hour- efit from union-negotiated contracts allow us to concentrate our enforce- ly workers, I have heard from constitu- without having to contribute their fair ment and deportation resources on real ents across North Carolina’s Fifth Dis- share in the fight. The laws do not, as criminals who should be jailed and trict who have one thing in common: many supporters complain, protect then thrown out and kept out. their hours are being reduced. workers from being forced to become ObamaCare has placed an undue bur- union members. In fact, Federal law al- b 1015 den on employers and their employees ready restricts this. I argue that such a system would by undermining the 40-hour workweek, In union States, workers covered by make it harder for criminals to hide which has long been the standard for union-negotiated contracts can only be and easier for honest, hard-working full-time work. required to pay for the cost of bar- folks to contribute to their commu- We have voted to make it easier to gaining and not for any other union ac- nities without fear. Unfortunately, hire veterans by exempting those who tivities. that is exactly the system that some already have health insurance from However, over the last few years, Republicans have been fighting being counted as full-time employees there has been an alarming increase in against. under the President’s healthcare law. antiunion sentiment. Currently, half of When a hotel and casino owner gets No employer should be penalized for our States have right to work laws, on his high horse about Mexican immi- hiring a veteran, and no veteran should with Indiana, Michigan, and Wisconsin grants, about crime, rape, and murder, be unemployed because of ObamaCare. recently passing their own versions. let’s think about who is standing be- However, the best approach to solv- In my own home State of Illinois, tween the United States—this country, ing the multitude of problems resulting Governor Rauner has made passing the one that we love and we have sworn from ObamaCare is to unite behind a right to work a top priority. In fact, he to protect—and a modern immigration complete repeal of the law and replace is making this a cornerstone of his system based on common sense, com- it with solutions that lower costs and first-term legislative agenda. passion, and, yes, the rule of law. empower patients to choose the care The idea behind his right to work law f that is right for them. is that by increasing the number of I recently signed on as a cosponsor of free-riding workers, unions will be TIME FOR HEALTHCARE SOLU- H.R. 2653, the American Health Care forced to drastically reduce their budg- TIONS THAT LOWER COSTS AND Reform Act. This bill would repeal ets, weakening their ability to nego- EMPOWER PATIENTS ObamaCare completely and allow a tiate stronger contracts and defend the The SPEAKER pro tempore. The standard deduction for health insur- rights of American workers, but the Chair recognizes the gentlewoman from ance that treats individually purchased evidence clearly shows how misguided North Carolina (Ms. FOXX) for 5 min- plans and employer-sponsored plans this stance is and the attacks on orga- utes. the same, making sure that all Ameri- nized labor truly are. For instance, re- Ms. FOXX. Mr. Speaker, for the past cans receive the same tax benefits for search shows that 7 of the 10 States 2 years, my email inbox, mailbox, and health care. with the highest unemployment rates phone lines have been flooded with re- H.R. 2653 would return decisions are right to work States. ports of canceled health insurance about healthcare and insurance cov- On top of that, we know that even if plans, soaring premiums, increased erage to patients. It is people, not gov- half of the counties in Illinois adopt deductibles, and exasperated constitu- ernment, who can best determine the right to work laws, we would see the

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.005 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4962 CONGRESSIONAL RECORD — HOUSE July 9, 2015 State’s annual economic output shrink After leaving Hungary, the Schramm North Carolina (Mr. BUTTERFIELD) for 5 by $1.5 billion, labor income fall by $1.3 family found their way to California, minutes. billion, and an increase in both racial thanks to an American dentist his fa- Mr. BUTTERFIELD. Mr. Speaker, I and gender income inequality. ther met shortly after World War II. rise to express the utter outrage of the If right to work laws are not actually With just a few American dollars, Congressional Black Caucus regarding good for the economy, what are they Peter’s family started a new life. His the Calvert amendment, scheduled for good for? Right to work laws do a great parents found work, and Peter and his later this afternoon, which is an job at harming hard-working middle sister went to school. Peter did not amendment to the Interior Appropria- class families, widening income in- know English and had to learn along tions bill. equality, and weakening unions. Right the way, with the help of his class- That amendment would allow Con- to work States have seen almost a 10 mates. federate imagery to remain on graves percent decline in unionization, which Eventually, they saved enough on Federal lands. Don’t Republicans has undermined growth in wages and money to open a restaurant. The whole understand that the Confederate battle led to the deterioration in workplace family worked there. Peter continued flag is an insult to 40 million African his studies and worked through college. safety. Americans and to many other fair- He studied history and graduated, tak- In right to work States, wages for all minded Americans? ing a few years longer than usual be- workers, not just unionized workers, The Confederate battle flag, Mr. cause he was unaware he actually had are over 3 percent lower than in non- Speaker, is intended to defend a dark right to work States. That is about to graduate. Peter was content to learn for the sake of learning. Years later, he period of American history, a period $1,500 less per year in the pockets of when 4 million Blacks were held as teachers, firefighters, nurses, and other once said: ‘‘I think it is true that human beings by nature desire to slaves, held as property, as chattel, not hard-working Americans. as human beings. The slaves were Furthermore, injuries and deaths in know.’’ bought and sold and mortgaged and right to work States are much higher His economic curiosity led him to gifted as chattel. than in non-right to work States. In Claremont for his master’s and doc- Mr. Speaker, this period of enslave- the high-risk environment of construc- torate degrees. It was there that he ment continued for more than 200 years tion, where unions have played a fun- studied the classics, focusing more on and did not legally end until December damental role in demanding adequate philosophy than history. 6, 1865. safety standards, deaths are 34 percent When he began teaching, Dr. higher in right to work States than in Schramm insisted on an open discus- Here is the history, Mr. Speaker. Fol- non-right to work States. sion, encouraging and directing debates lowing President Lincoln’s election in As you can see, right to work is not among his students. He once said: ‘‘A November 1860, 12 Southern States right for our country, not right for our good education is a conversation.’’ ceded from the Union in response to States, and not right for our workers. He didn’t want to lecture his stu- their belief that President Lincoln Using right to work as a strategy to dents and believes that a classic liberal would free the 4 million slaves. South lower wages and attract more busi- arts education should teach its stu- Carolina was the first State to cede nesses is not a suitable and sustainable dents how to read, to analyze, and to from the Union, on December 20, right strategy. explain and defend their beliefs. after Lincoln’s election. Instead of focusing on attacking The Ashbrook Center, where he These Southern States formed the served as executive director and senior unions and middle class workers, Gov- Confederate States of America. They fellow of the scholar program, states ernors should focus on fixing broken empowered a military, elected a Presi- that their mission is to restore and budgets and investing in our schools, dent, adopted a constitution, and strengthen the capacities of the Amer- public safety programs, and transpor- adopted a currency. They engaged in a ican people for constitutional self-gov- tation systems. That is the real recipe brutal, brutal civil war with the Union. ernment. Having witnessed the corrup- for economic success. Thousands of lives were lost on both tion and horror of the Soviet rule, he Let’s stand up against right to work sides of the battle. The Confederate was able to impress upon his students laws and stand up for the right to orga- flag, Mr. Speaker, was their symbol; it how important Ashbrook’s missions nize, the right to a safe job, and the was their flag. and values are. right to a fair wage. One of his most recent students and The Southern States lost the war. f an intern in my office, James Coyne, The States then rejoined the Union. told me: ‘‘Dr. Schramm has dedicated President Lincoln then proposed the HONORING DR. PETER SCHRAMM 13th Amendment, legally ending slav- The SPEAKER pro tempore. The his life to preserving and perpetuating American greatness by teaching us ery. That amendment, Mr. Speaker, Chair recognizes the gentleman from what it means to be an American. The passed this Congress on January 31, Ohio (Mr. GIBBS) for 5 minutes. many of us he has taught will continue 1865, and finally was ratified by Geor- Mr. GIBBS. Mr. Speaker, I rise today gia on December 6, 1865. During the pe- to honor Dr. Peter Schramm of the his work and honor his legacy by educating future generations on what riod of ratification, President Lincoln Ashbrook Center at Ashland University makes America great.’’ was assassinated. in Ashland, Ohio. Earlier this week, Dr. Schramm, who is battling an ag- For the next 50-plus years, every the Ashbrook Center, supporters, and gressive illness, can be assured that the Black person living in the South faced friends gathered to recognize Dr. principles of self-government of free the possibility of lynching. More than Schramm for his years of service and men with free minds and the values 4,000 Blacks were lynched between 1890 to name the center’s library in his that our Founding Fathers cherished and 1950, and 136 Black people were honor. are alive and well in the generations of lynched in South Carolina. Since 1987, Dr. Schramm has been students he has taught. There are some now who want to con- teaching political science at Ashland; On Monday evening, Dr. Schramm tinue to honor slavery and to honor mentoring students; and shaping the said that, despite his medical condi- bigotry, and this House, Mr. Speaker, minds of the next generation of teach- tion, no man has been happier than he must not be complicit. ers, lawyers, and political thinkers. has been. The horrific shooting in Charleston, His story starts in Hungary, as a Thank you, Dr. Schramm, for adopt- South Carolina, was an example of a young boy living under the brutal So- ing America as your home and teach- 21st century lynching. viet regime. When he was 10, after the ing so many young minds to keep the Communists crushed the Hungarian up- flame of freedom burning. b 1030 rising in 1956, Peter’s father decided it f The manifesto left by the Charleston was time to leave Hungary and come to killer stated: America. Peter asked his father why he DARK PERIOD IN AMERICAN HISTORY I have no choice. I am not in the position chose America, and he was told: ‘‘We to, alone, go into the ghetto and fight. I were born Americans but in the wrong The SPEAKER pro tempore. The chose Charleston because it is the most his- place.’’ Chair recognizes the gentleman from toric city in my State, and at one time had

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.007 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4963 the highest ratio of Blacks to Whites in the Have we become so numb we no now. The cost of delay is deadly. For country. longer notice? Are we so numb, we no those families who are suffering, how He was right, 57 percent. longer care? can we look them in the eye and defend We have no skinheads, we have no real Tragically, government tries to help, our delays to act? KKK, no one doing anything but talking on but, frankly, it is a mess. The chaotic f the Internet. Well, someone has to have the patchwork of current government pro- CONFEDERATE FLAG bravery to take it to the real world, and I grams and Federal laws make it impos- guess that has to be me. AMENDMENTS sible for those with severe psychosis, Mr. Speaker, bigotry continues to schizophrenia, and serious mental ill- The SPEAKER pro tempore. The exist in this country. This Congress ness, to get meaningful care. Chair recognizes the gentleman from should not pass any legislation, today For example, when someone with se- Maryland (Mr. HOYER) for 5 minutes. or any other day, that would embolden rious mental illness is haunted by de- Mr. HOYER. Mr. Speaker, there are those who continue to hold racist be- lirium and hallucinations and doesn’t days in this House when morality and liefs. even know they are ill, they frequently the values of our country, as articu- The Calvert amendment—the Calvert stop taking their needed medication. lated in the Declaration of Independ- amendment—is misguided, and it They don’t follow up on appointments ence and in the Constitution of our emboldens bigotry. I ask my col- and their health declines. Our Federal country, summon us to vote as Ameri- leagues, Democrat and Republican, re- laws prevent a caregiver from getting cans, as moral representatives, and as spectfully, let’s defeat the Calvert their loved one to the next appoint- representatives of the values of our amendment this afternoon, and even if country. Today is such a day, my col- the gentleman would consider to with- ment or to follow up on their care. We need to provide treatment before leagues. draw his amendment and not put this tragedy and get these individuals help Three Democratic amendments were House through this turmoil today. before their loved ones dial 911. The adopted earlier in the consideration of the Interior bill that would end the f Helping Families in Mental Health Cri- practice of displaying or selling Con- HELPING FAMILIES IN MENTAL sis Act, H.R. 2646, provides millions of federate battle flags and flag merchan- HEALTH CRISIS ACT families the tools needed for effective dise in national parks and National care. The SPEAKER pro tempore. The Park Service cemeteries. Those amend- H.R. 2646 empowers parents and care- Chair recognizes the gentleman from ments were adopted by voice vote. givers to access care before the mental Pennsylvania (Mr. MURPHY) for 5 min- They reflect the strong consensus in illness reaches the most severe stage. utes. this country and, hopefully, in this It fixes the shortage of inpatient beds, Mr. MURPHY of Pennsylvania. Mr. Congress, that a symbol of slavery, se- so patients in mental health crisis can Speaker, yesterday, in a terrible at- dition, segregation, and secession has get proper care, not be sent to a jail, tack, over 200 people were killed across no place in our national parks or in the not tied to an emergency room gurney, these United States. This headline cemeteries whose grounds have been and not sent home. should lead every TV news show, hit hallowed by the veterans who rest It helps reach underserved and rural the front pages, and generate outrage there after having served and given populations. It expands the mental from across the country, but it did not their lives in defense of freedom and health workforce. It drives evidence- appear. This is not make-believe. The justice and the values of our country. news is real, but no one reported it. based care. It provides alternatives to Unbelievably, however, Mr. Speaker, We lose more than 80,000 people a institutionalization. It integrates pri- several hours ago, in the dark of night, year now to suicide and drug addiction mary and behavior care. the chairman of the Interior Sub- overdose. That is over 200 people a day. It increases physician volunteerism, committee offered an amendment on Where is the news? advances critical medical research, this floor that would effectively strike Now, these are the sudden and tragic brings accountability to mental health those amendments which surely reflect deaths. Then there are the slow-motion and substance abuse parity, and it also the values to which all of us have risen deaths which we can’t even count, provides crisis intervention grants for our hand and sworn to protect. those who have a mental illness and police officers and first responders. Today, on the anniversary of the ended up homeless, or have a co-occur- This training helps law enforcement of- ratification of the 14th Amendment to ring chronic illness, such as diabetes or ficials recognize individuals who have a our Constitution—how ironic that we heart disease, and face that slow-mo- serious mental illness and learn how to would meet this vote on this day— tion death sentence. In fact, people properly intervene. which enshrined the principle of equal- with serious mental illness tend to die My bill eliminates wasteful and inef- ity for all Americans, we have this 25 years earlier than their cohorts. fective programs and directs money shameful Confederate battle flag And then there are the mentally ill where it is needed most. It restructures amendment on our floor. who are victims of attacks. Last week, the Federal mental health system to This amendment would keep in place The Washington Post revealed how, in focus on serious mental illness rather a policy that allows Confederate battle the first 6 months of this year, a person than behavioral wellness and feel-good flags in our national parks and Na- who was in mental health crisis was fads that yield no meaningful results tional Park Service cemeteries, a sym- shot and killed every 36 hours by po- yet cost taxpayers millions each year. bol, as my colleague JIM CLYBURN, the lice. The vast majority were armed, My bill elevates effective programs assistant leader and the chairman of but, in most cases, the police officers and helps communities adopt programs the Congressional Black Caucus and an who shot them were not responding to to stop the revolving door of mental extraordinary Representative in South reports of a crime. More often, they health crisis, violence, incarceration, Carolina, said yesterday was so offen- were called by relatives, neighbors, or ER visits, and abandonment. sive and hurtful to so many millions of other bystanders, worried that a men- This bipartisan legislation, now with our fellow citizens and our fellow col- tally fragile person was behaving er- more than 50 cosponsors, marks a new leagues in this body. ratically. The crisis built, and it ended dawn for mental health in America. I Even in South Carolina today, where in death. urge my colleagues to join me in this the Confederacy was born, that flag is Further, the mentally ill are more effort by cosponsoring the Helping being taken down from the State cap- likely to be the victims of violence, Families in Mental Health Crisis Act, itol grounds after both Republican-con- robberies, beatings, rape, and other H.R. 2646. Let’s no longer turn a blind trolled houses of that State’s assembly crimes. These individuals are also 10 eye and, instead, help those that need voted to remove it. times more likely to be in jail than in it the most. Certainly—certainly—on this day we a hospital. Whether on the fast road or the slow ought not to see a Republican-led Con- If you are a minority, chances are road, the 200-plus deaths per day, the gress move in the opposite direction. your mental health treatment comes in 80,000 deaths per year and unknown My colleagues, together, not as Repub- a prison, not in a community health number of victims is far, far too many. licans and Democrats, but as Ameri- center. Compassion calls us to act—and act cans deeply committed to the values of

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.009 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4964 CONGRESSIONAL RECORD — HOUSE July 9, 2015 equality and justice and opportunity this country and the world for many As the tragic events in Charleston, for all, we ought to remove that flag years to come. South Carolina, illustrated, when nine from our national parks, the ceme- The fact is we have had extension God-fearing, churchgoing African teries where our veterans rest and, I after extension and concession after American citizens were killed by a would say further, all public places. concession to the point that I am not White supremacist, there is much work That includes the United States Cap- sure a good deal is even possible at this that needs to be done to eradicate the itol. point. cancer of racial hatred. And I support my friend Representa- A few months ago, I traveled to the When Dylann Roof committed this tive THOMPSON’s resolution that sits Middle East with the Speaker as part act of domestic terror, his emblem was now in the House Administration Com- of his delegation to the region, and we the Confederate battle flag. mittee that would remove the flag of visited countries that would be directly Later on today we are going to have Mississippi, which contains the Confed- affected by dealing with a nuclear a vote on the legitimacy of this flag. erate battle flag, until such time as Iran—Israel, Jordan, Iraq, Saudi Ara- On Tuesday, it appeared that House Mississippians, as South Carolinians bia. Republicans were prepared to do the did yesterday, make a statement and Our allies in the region are rightfully right thing in support of three amend- remove that from their flag. concerned that what is being brokered ments to prohibit the use of Federal I urge my colleagues, my fellow isn’t good at all. funds for the purchase, sale, or display Americans, the 434 of my colleagues of the Confederate battle flag on Na- b 1045 that have raised their hand and sworn tional Park Service land. to protect and defend the Constitution We cannot forget how high the stakes But less than 24 hours later, House of the United States of America, I urge are here. If a bad deal is ratified, we Republicans reversed course in the my colleagues, let us do the right thing aren’t just talking about a nuclear dead of night under cover of darkness and reject this amendment and send a armed Iran. to introduce an amendment supporting powerful message about what America We are talking about setting in mo- the Confederate battle flag, which is truly represents: equality, justice, re- tion a nuclear race, a chain of events nothing more than a symbol of racial hatred and oppression. spect for one another, freedom for all. that could allow multiple countries in There are some in this House who Let us make America—every Amer- this very volatile region of the world have made the argument that the Con- ican—proud of us this day and reject wanting to become nuclear as well. federate battle flag is about heritage the amendment adopted in the dead of And after seeing the international community reward Iran’s hostility and and tradition. I am perplexed. night. What exactly is the tradition of the f obstinance with a nuclear deal, who would blame them? Confederate battle flag that we are NEGOTIATIONS ON IRAN’S Mr. Speaker, I appreciate the leader- supporting? Is it slavery? Rape? Kid- nap? Treason? Genocide? Or all of the NUCLEAR CAPABILITY ship of my colleagues in this Chamber above. and in the Senate. And I agree with The SPEAKER pro tempore. The The Confederate battle flag is noth- Chair recognizes the gentlewoman from Senator CORKER, who is the chairman ing more than a symbol of racial ha- Alabama (Mrs. ROBY) for 5 minutes. of the Senate Foreign Relations Com- tred and oppression. And I stand here Mrs. ROBY. Mr. Speaker, I rise today mittee, who wrote a letter to the Presi- with chills next to it because the red in to talk about the negotiations taking dent, ‘‘Walking away from a bad deal this flag is a painful reminder of the place right now in Switzerland over at this point would take courage, but it blood that was shed by Africans who Iran’s nuclear capability. With all that would be the best thing for the United were killed when attempted to be kid- has been going on lately, I fear not States, the region, and the world.’’ napped and thrown into the institution enough attention is being paid to what We may not be able to control the of slavery. I believe is one of the most important outcome in Switzerland, but we can The red on this flag is a painful re- issues facing our country right now. control how we respond if a bad deal is minder of the blood that was shed by Last week, the Obama administra- put forward. millions of Africans who died during tion quietly announced yet another This Congress can have the final say the Middle Passage when being trans- deadline extension to the multilateral whether or not to lift sanctions in Iran. ported from Africa to America. negotiations over Iran’s nuclear capa- It can have the final say on the deal, The red on this flag is a painful re- bility, and this week, negotiators blew itself, by way of a resolution of dis- minder of the blood that was shed by past that deadline once again. approval. African American slaves who were Of course, the goal for the United I believe Members of Congress must beaten, raped, lynched, and killed here States and our allies must be to pre- prepare to stand up and have the cour- in America as a result of the institu- vent Iran from obtaining a nuclear age that it would take to stop a bad tion of slavery. weapon. However, recent reports out of Iranian deal from happening. For some, What exactly is the tradition the Switzerland have raised concerns that this will take a lot of courage, but it is Confederate battle flag represents? our negotiators have already conceded necessary. We were sent here as leaders to make too much on major points like uranium We cannot allow President Obama decisions on the morality of America. enrichment, economic sanctions relief, and Secretary Kerry to put their desire And where we are, notwithstanding our and inspection access. for a legacy achievement above the painful history and the legacy of slav- Mr. Speaker, the very fact that we best interests of this Nation and our al- ery, we have an opportunity today to keep extending the deadline tells you lies. make a definitive statement to be lead- all you need to know about the prior- f ers, not individuals who cower in fear ities at play for this administration. It of some narrow-minded Americans who CONFEDERATE BATTLE FLAG seems that President Obama and Sec- aren’t aware that the South lost the SYMBOLISM retary Kerry are so concerned with war 150 years ago. striking a deal—any deal—that they The SPEAKER pro tempore. The Let’s choose racial progress over ra- are unwilling to walk away from a bad Chair recognizes the gentleman from cial poison. Let’s choose harmony over one as deadlines keep passing. New York (Mr. JEFFRIES) for 5 minutes. historic amnesia. Let’s choose togeth- The Boston Globe reported that nego- Mr. JEFFRIES. Mr. Speaker, had erness over treason. Let’s come to- tiators have spent their downtime this Confederate battle flag prevailed gether not as Democrats or Repub- speculating which movie stars would in war 150 years ago, I would not be licans, not as Whites or Blacks, not as play them in a Hollywood movie about standing here today as a Member of the northerners or southerners. the Iran deal. United States Congress. I would be Let’s come together as Americans If this is true, Americans should be here as a slave. Over the last 150 years, and vote down the Calvert amendment outraged. This is an extraordinarily we have made tremendous progress in and relegate the Confederate battle important issue that will have an ex- this country, but we still have a long flag to the dustbin of history, which is traordinarily far-reaching effect on way to go. where it belongs.

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.010 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4965 WYOMING COUNTY, 2015 SADD human commodities. It had been used b 1100 NATIONAL CHAPTER OF THE YEAR as a rallying cry throughout our his- My legislation would require the De- tory for those who wish to keep our The SPEAKER pro tempore. The partment of Homeland Security, when Chair recognizes the gentleman from country segregated. And we saw again last month in a State or local law enforcement agen- West Virginia (Mr. JENKINS) for 5 min- Charleston this flag being used as a cy arrests an alien and requests DHS to utes. symbol for many who carry hatred in take custody of that alien, to do a few Mr. JENKINS of West Virginia. Mr. their hearts, a man who carried so specific things. Number one, they have Speaker, I rise today to honor the Wyo- much hatred that he took the lives of to take the alien into Federal custody ming County, West Virginia, chapter of nine parishioners because he viewed and incarceration within 48 hours and Students Against Destructive Deci- this flag as a symbol of his beliefs. request that the State or municipality sions, also known as SADD. This flag should be no point of pride temporarily incarcerate the alien or The Wyoming County chapter has for any American, and we should take transport the alien to Federal custody. been named the 2015 SADD National this flag down. This would allow them to remove this Chapter of the Year. Consisting of 300 Just 2 days ago, without opposition, individual from the country and bar members from six different schools, as I had the honor of being ranking them from coming back. these Wyoming County students work member as we were doing the Interior Mr. Speaker, the bill also requires hard to encourage young people to bill, this body voted to adopt amend- the DHS to train State and local police avoid underage drinking, drugs, and ments which would prevent the sale or in enforcement of immigration laws, other destructive activities. display of Confederate flags in national the Federal Government to reimburse Wyoming County and the sur- parks. local and State governments, and to rounding area, like many parts of our Those amendments were simple, withhold funds from sanctuary cities. State and country, are limited in the commonsense efforts to place into law Now, we have heard a lot about these number of youth programs and social standards that the National Park Serv- issues in the last few days, and one of services leading to temptations for ice had put forward last month. It was the problems that we have is the sanc- many teenagers. SADD helps fill the a moment of great pride for me. tuary cities. Mr. Speaker, I have before void and is a positive force in helping All those new standards would do was my colleagues a map that was prepared students make positive life choices and bring the Federal Government in line by the Center for Immigration Studies. avoid destructive decisions. with decisions made by many private We now have in this country 200 sanc- These students represent our State’s sector retailers: Amazon, Wal-Mart, tuary cities. I am reading from this values and demonstrate compassion, Sears, Disney. And other national re- map. More than 200 cities, counties, commitment, and courage through tailers have all made the decision to and States across the U.S. are consid- their work. I know they will take the take down this flag because of its rac- ered sanctuary cities. skills they have learned in SADD and ist history. become the next generation of leaders Private businesses are rallying be- Now, what happens in these cities is in West Virginia. hind a commonsense decision to stop they choose to work around and to cir- I congratulate these students and peddling hateful symbols. So why in cumvent or not to abide by Federal law teachers and thank them for making heaven and Earth is the House of Rep- when it comes to immigration policy. Wyoming County a better place to live. resentatives, the Republican Caucus, That is one of the reasons passing the CLEAR Act is so important, holding f working to ensure that the Federal Government allows them to be sold? them accountable. CONFEDERATE FLAG AMENDMENT For House Republicans, it appears Also, reading from the map, I find it so interesting that the Department of The SPEAKER pro tempore. The perhaps the cost of getting the votes to Justice has never sued or taken any Chair recognizes the gentlewoman from pass the Department of the Interior, measure, including denying Federal Minnesota (Ms. MCCOLLUM) for 5 min- Environment, and Related Agencies funds, against the jurisdiction that is a utes. Appropriations bill, which panders to sanctuary city. On the other hand, we Ms. MCCOLLUM. Mr. Speaker, as you polluters, is to wrap themselves in a know that the Department of Justice pointed out, I am from Minnesota. Min- banner of racism. actually sued the State of Arizona for nesota’s Governor Ramsey was in I think that is wrong, and I urge my trying to strengthen its immigration Washington, D.C., shortly after the at- colleagues to stand with people of laws. tack at Fort Sumter, and he was the great courage and great passion to say first to offer up our support—1,000 Min- ‘‘no’’ to hate, ‘‘no’’ to racism, and Mr. Speaker, I would come to the nesotans—to keep our Union together. ‘‘yes’’ to America. floor today as we talk about dealing I urge my colleagues to vote ‘‘no’’ on Minnesota was at the Battle of Get- with the criminal illegal alien popu- the Calvert amendment. tysburg. Our regiment suffered 82 per- lation and highlighting H.R. 2964. I cent in casualties, the greatest loss of f would ask my colleagues: What does any unit at Gettysburg on a single day. CLEAR LAW ENFORCEMENT FOR your vote record say about your ac- So last night, when the Republican CRIMINAL ALIEN REMOVAL ACT tions? Are you strengthening Federal leadership put forward a last-minute OF 2015 law and abiding by Federal law? Or do those actions strengthen sanctuary cit- amendment that would allow for the The SPEAKER pro tempore (Mr. JEN- display and sale of the Confederate flag ies? Do they provide more account- KINS of West Virginia). The Chair rec- ability? Is that what you are providing in our national parks, an amendment ognizes the gentlewoman from Ten- which we will vote on today that would through your vote actions? Or is it nessee (Mrs. BLACKBURN) for 5 minutes. something that allows a violation of allow this hateful symbol which evokes Mrs. BLACKBURN. Mr. Speaker, I Federal law to continue? memories of racism and a painful pe- come to the floor today to discuss H.R. riod in our country’s past to be dis- 2964, the Clear Law Enforcement for I think it is imperative that we ad- played on public lands, I found myself Criminal Alien Removal Act. dress the issue of criminal illegal shocked, outraged, and disappointed This is a bill that I have had intro- aliens, that we address the issue of because the people in Minnesota sent duced every Congress since 2007. And sanctuary cities; and, Mr. Speaker, I me here to strive for what they strive we have many Members of this body, think that it is imperative that we for every day: to build a better, strong- Mr. Speaker, who have joined as co- move forward with passage of the er America, an America in which we sponsors of this legislation. CLEAR Act by this body. It is a simple strive to give everyone hope and oppor- What it would do specifically is this: bill. tunity, that they too can pursue life, It would ensure that State and local I encourage my colleagues to read it. liberty, happiness, and justice. law enforcement officials have the It is 21 pages, and you will find in there So the flag that we are talking about tools necessary to help the Federal that it addresses these issues that are is a symbol of a time when African Government deport criminal illegal front and foremost in our minds this Americans were enslaved, sold as aliens from the United States. day.

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.011 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4966 CONGRESSIONAL RECORD — HOUSE July 9, 2015 THE CONFEDERATE BATTLE FLAG To me, this was a very, very impor- as reported this week in The Wash- The SPEAKER pro tempore. The tant amendment calling for due process ington Post, nor come anywhere close Chair recognizes the gentleman from and equal protection of the laws. to lifting its successfully firm arms South Carolina (Mr. CLYBURN) for 5 f embargo. These negotiations will have long-term implications on every coun- minutes. A BAD DEAL WITH IRAN IS WORSE try on this planet. Mr. CLYBURN. Mr. Speaker, I would THAN NO DEAL like, first of all, to thank the Speaker I believe the United States has a re- of this House and the other Members The SPEAKER pro tempore. The sponsibility to stand with Israel and who came to Charleston last month to Chair recognizes the gentleman from other allies across the globe now more help us with the ongoing ceremonies Florida (Mr. BILIRAKIS) for 5 minutes. than ever. We must ensure our allies for Senator Clementa Pinckney. Mr. BILIRAKIS. Mr. Speaker, in know they do not stand alone. With the I would also like to thank especially March, before a joint meeting of Con- current negotiations extended once my colleagues—Senator TIM SCOTT, gress, the Prime Minister of Israel, again, it appears that the administra- Senator LINDSEY GRAHAM, and Con- Benjamin Netanyahu, warned ‘‘history tion simply wants to get any agree- gressman MARK SANFORD—for joining has placed us at a fateful crossroads.’’ ment. with us as we stood with the Governor As a world leader at the forefront of I believe it is a legacy item for the of South Carolina and called for remov- this crossroad, I believe America has a President, Mr. Speaker. This adminis- ing the Confederate battle flag from responsibility to prevent a nuclear tration’s willingness to ignore Iran’s the grounds of the statehouse. Iran. An Iran with nuclear weapons ca- troublesome behavior throughout nego- This afternoon, at 4 o’clock, as a re- pabilities would further exacerbate and tiations does not inspire confidence. sult of a very definitive vote early this destabilize the region and would cer- President Obama promised 7 years morning of 94–20, the Governor is going tainly inspire an arms race among ago that he would not allow Iran to de- to sign the bill, and tomorrow morning other nonnuclear nations. velop a nuclear weapon. He is failing to at 10 o’clock, the flag will be removed The Obama administration’s foreign keep that promise to the American from the statehouse. policy missteps do not inspire con- people and the rest of the world, in my I regret that I am not going to be fidence that the current negotiations opinion. able to accept the Governor’s invita- will conclude any differently. After nu- The stakes are too high. Negotiations tion and be there this afternoon be- merous delays, negotiations are veer- are reaching a critical moment as we cause, around 4 o’clock this afternoon, ing further away from any type of rea- speak here today. This administration we are going to be voting here on this sonable agreement that would contain needs to understand one indisputable floor. Iran’s nuclear ambitions. truth: a bad deal is worse than no deal. I understand there will be around 25 I do not trust this administration as f votes, and 24 of them, I might not feel it approaches the reversal of a half cen- all that bad about missing, but one of tury of nuclear nonproliferation policy. VIETNAM HUMAN RIGHTS them, I cannot afford to miss because As Chairman ROYCE stated over the The SPEAKER pro tempore. The that one vote, the Calvert amendment, weekend: ‘‘The Obama administration’s Chair recognizes the gentlewoman from will reverse votes taken by this body to fundamental misread of the Iranian re- California (Ms. LORETTA SANCHEZ) for 5 join with South Carolina, Alabama, gime is part of what makes this poten- minutes. and activities going on in Mississippi tial agreement so dangerous to our na- Ms. LORETTA SANCHEZ of Cali- to get rid of any official application to tional security.’’ fornia. Mr. Speaker, this year marks this flag, the Confederate battle flag. The sanctions relief numbers that are Now, I think it is important for us to the 40th anniversary since the end of being reported now are staggering and point out that this is not the Confed- the Vietnam war and 20 years of nor- would directly undercut years of demo- erate flag. The Confederacy had three malized relations between the U.S. and cratic success. Sanctions are a vital flags. This was never one of them. This Vietnam. tool when working to keep our citizens flag was the Confederate battle flag of This week, our President hosted the and allies out of harm’s way. the Army of Northern Virginia, Robert General Secretary of the Vietnamese In dealing with an aggressive state E. Lee’s Army; and when Robert E. Lee Communist Party, Nguyen Phu Trong, sponsor of terror, there should be no surrendered at Appomattox, he asked a political leader but not an official daylight between the position of Re- all of his followers to furl this flag. leader. ‘‘Store it away,’’ he said. ‘‘Put it in publicans and Democrats in Congress, During that meeting, I know that the your attics.’’ He refused to be buried in nor Congress with the President or the two leaders discussed more normaliza- his Confederate uniform. His family re- United States with our allies. tion of economic and military issues, fused to allow anyone dressed in the Civilized nations must stand united and I know that President Obama Confederate uniform to attend his fu- against the destructive output from brought up the issue of human rights; neral. Why? It is because Robert E. Lee rogue regimes like Iran. As it stands but I am going to say this: after 19 said he considered this emblem to be a now, the reported details of the deal years in this Congress of fighting for symbol of treason; yet, Mr. Speaker, will not dismantle the nuclear ambi- human rights around the world, the Vi- Calvert puts up an amendment that we tions of the world’s leading state spon- etnamese Communist Government al- are going to vote on this afternoon to sor of terrorism. ways promises, when economic issues ask us to allow this flag to be sold and Mr. Speaker, if the past is any indi- are on the table, to do something bet- displayed in our national parks. cation of the future, we can expect that ter with respect to their human rights I was so proud when the decision was Iran will continue to employ its record, but they never follow through. made by the National Park Service, stonewalling tactics, blocking any real In fact, it gets worse. Fort Sumter, a national park where transparency or inspections of its nu- Today, Mr. Speaker, as the co-chair the Civil War started off the coast of clear facilities. of the Congressional Caucus on Viet- Charleston, South Carolina, they de- Why isn’t Iran answering questions nam, I don’t want to focus on what the cided to take away all of these sym- asked 4 years ago by the International economic implications are and the bols; but the Calvert amendment is Atomic Energy Agency about their trade implications are that are going saying: No, don’t take them away, put past activities? How can we trust a on with respect to Vietnam, but I want them back, and we are going to ratify country that won’t answer simple ques- to remind my colleagues about what is the action to do so. tions or allow scientists to be inter- happening with respect to human Mr. Speaker, I call upon all of my viewed? How can we set up a sanctions rights in Vietnam. colleagues who come to this floor this relief system that is based on trust and afternoon to remember that it was on verification if the country has proven b 1115 this date in 1868 that South Carolina— objectively incapable of trust and Nguyen Dang Minh Man is currently where it all started—South Carolina transparency? serving a 9-year prison term after being was the State that gave the votes nec- We certainly cannot continue to charged with ‘‘attempting to over- essary to ratify the 14th Amendment. overlook Iranian compliance failures throw the government’’ under article

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.013 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4967 79 of the constitution of that country. terrorist regime that has had American safety of our troops in the Middle East; Her crime, she was arrested while tak- blood on its hands since 1979, military and develops new ICBMs that will put ing photographs during a protest and civilian. America in its ‘‘crosshairs.’’ against Chinese encroachment of the Each and every day, we read new re- My colleagues, Iran’s nuclear weap- Paracel and Spratly Islands. ports that Iranian leaders are system- ons quest must be blocked indefinitely, Ho Duc Hoa, a community organizer atically ‘‘moving the goalposts’’ on including the verifiable dismantlement and a contributing journalist for Viet- these important negotiations. of its weapons infrastructure. They nam Redemptorists’ News, is currently Let me cite just a few examples. cannot be allowed to remain a ‘‘thresh- serving a 13-year prison sentence for First, any prudent agreement would old nuclear weapons state,’’ only to defending human rights and promoting allow ‘‘no notice’’ inspections of sus- join the ‘‘nuclear club’’ the moment democracy. He has been charged with pected—not just declared—Iranian nu- the agreement lapses. ‘‘attempting to overthrow the govern- clear weapon sites; yet the Iranian par- From where I stand and from what ment.’’ He is currently suffering from liament has passed legislation banning we know today, we must oppose this harsh treatment in prison, including inspections of their military installa- agreement. In fact, no deal is better torture and denial to medical care, tions. than a bad deal. water, or adequate food. Senior Iranian officials have also Mr. Speaker, I yield to the gentle- Dang Xuan Dieu, another activist, is taken it further, declaring: ‘‘Not only woman from Texas (Ms. JACKSON LEE). currently serving a 13-year sentence will we not grant foreigners the per- ENHANCEMENT OF UNITY IN AMERICA under article 79 in response to advo- mission to inspect our military sites, Ms. JACKSON LEE. Mr. Speaker, let cating for education—imagine this—for we will not even give them permission me thank the distinguished gentleman education for children living in pov- to think about such a subject.’’ from New Jersey for his kindness. erty, for aid to people with disabilities, This attitude would make any agree- Might I rise, really, to follow up to and for religious freedom in Vietnam. ment totally unverifiable. ask America to be unified and to be Mr. Dieu is also a victim of mistreat- Secondly, any worthwhile agreement able to have a debate on the floor of ment and torture in the prison system. would phase in sanctions relief as the the House on a resolution that I of- Tran Huynh Duy Thuc, a human regime proves, over time, that it is fered, H. Res. 342. To the gentleman rights activist and entrepreneur, was complying with all provisions; yet from New Jersey, it says ‘‘the enhance- also arrested for writing blogs that President Rouhani has declared: ‘‘We ment of unity in America.’’ called for political reform and im- will not sign any deal unless sanctions What it speaks to is for this body to proved human rights in Vietnam. He are lifted on the same day.’’ go on the record for saying that divi- only peacefully exercised his rights to Why would we allow Iran to boost its sive emblems and symbols—swastikas freedom of expression; yet Thuc was staggering economy by providing an or a rebel flag, a fighting flag—does not charged of attempting to overthrow immediate capital infusion with which even represent the flag that most peo- the government under article 79. He to support their relentless military, in- ple think it is—the Confederate flag, was sentenced to 16 years in prison and telligence, and political efforts across this is the rebel flag—to put all those 5 years of house arrest. the globe? away; to be able to educate our chil- These are just four of the so many President Obama’s explanations have dren about the excitement of how di- people in prison in Vietnam. been nothing short of baffling. He told verse we are; to be reminded of the his- The government of Vietnam con- National Public Radio: ‘‘How, if at all, tory of Reconstruction—African Amer- tinues to deny its citizens their rights can you prevent Iran from using its icans who are Senators and to freedom of speech, to freedom of as- new wealth over the next several years Congresspersons; to look at schools sembly, to freedom of the press, to to support Bashar al-Assad of Syria, to who now carry names of people who freedom of religion. Although Vietnam support Hezbollah, adventures in really might be considered treasonists; strives to further its relations with the Yemen, or elsewhere? I mean, there’s to be able to stand on the floor today U.S., it does not grant human rights to been no lessening of their support of or next week, as those in South Caro- its people. Hezbollah or Assad during the course of lina did, in a civil way, so that our I understand that President Obama the last 4 or 5 years, at a time when children will know that these symbols has agreed to visit Vietnam in the near their economy has been doing ter- that divide are not history; and to be future, and I strongly urge that not ribly.’’ able to stand together and support the only the President and the administra- Well, that is the point, Mr. President. diversity of America. tion work on the issues of human The United States should not throw up That is what I stand for, and I stand rights with respect to the Vietnamese its hands and actually allow the Ira- with Houston, who is reconsidering people, but that we in the Congress nian economy to be stimulated so they many school names at this time. continue to push because, as we know, have even more money to solidify their f as Americans, people around the world place as the world’s leading state spon- look to us as the shining light of up- sor of terrorism. TAKE DOWN THE CONFEDERATE holding democracy and human rights Immediate sanctions relief will only FLAG and freedom and liberty and freedom of provide more resources for them to use The SPEAKER pro tempore. The the press and freedom of assembly. their elite Quds Force and their proxy Chair recognizes the gentleman from f militias in Iraq; dominate that coun- Michigan (Mr. KILDEE) for 5 minutes. try; and advance their goals in Syria, Mr. KILDEE. Mr. Speaker, overnight, IRAN NUCLEAR NEGOTIATIONS Yemen, and elsewhere. House Republicans have dramatically The SPEAKER pro tempore. The Of course, they will have more moti- and inexplicably reversed their posi- Chair recognizes the gentleman from vation to do so. The tentative agree- tion on taking down this terribly divi- New Jersey (Mr. FRELINGHUYSEN) for 5 ment announced in April and every- sive symbol, the Confederate battle minutes. thing we have heard and read since flag. Mr. FRELINGHUYSEN. Mr. Speaker, then seems to reinforce the lesson this While they initially allowed House we are quickly approaching one of the administration is willing to give away Democrats’ amendments to remove most important deadlines in the recent much more in return for nothing in the this symbol from our national parks, history of the national security of the way of changing their behavior. Once late last night, they allowed an amend- United States, the often postponed end again, we must never forget that Iran ment on voice, which was challenged. I of negotiations to halt Iran’s nuclear has had American blood on its hands will be on the floor for a rollcall later weapons program. since 1979. today to keep—believe it or not—keep I support the goal of stopping Iran’s Iran has cheated before and is likely the Confederate flag as a symbol for nuclear weapons ambitions forever, and to cheat again; yet the administration sale and for display in America’s na- I have grave fears that the United makes concession after concession to tional parks. States is headed down a very dangerous Tehran, even as Iran spreads violence Of course, this morning’s headlines, path of concession and surrender to a in Yemen, Syria, Iraq; threatens the the scathing headlines, tell it all:

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.015 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4968 CONGRESSIONAL RECORD — HOUSE July 9, 2015 ‘‘House GOP takes step back on Con- I regret, like all of us do in this coun- who were killed putting an end to slav- federate flags.’’ try, the tragic and brutal and evil mur- ery and saving the Union: 600,000. Unbelievable—it is a shame. It is ders of the nine people in Charleston, Another number not disputed is the really a shame that House Republicans South Carolina. I pray for them and number of Black Africans who were last night, very late last night, without their families. They stood up and brought to what is now the United warning, attempted to turn back im- showed us an example of faith that I States to be slaves: 600,000. I take you portant progress on taking down this think surpasses any that I have seen in back to the words ‘‘until every drop of terrible and divisive symbol. my lifetime by forgiving the killer. blood drawn with the lash shall be paid This, of course, happens just weeks— I am not to that point in my faith, by another drawn with the sword . . . days, literally—after nine Americans Mr. Speaker, the least that I can tell, ‘The judgments of the Lord are true were slain in an historic Black church but that was very moving. They didn’t and righteous altogether.’ ’’ in Charleston, South Carolina. A ter- want to see a division created, they A huge price has been paid. It has rible and tragic massacre committed wanted to heal, and they wanted to see been paid primarily by Caucasian by an evil individual, who wrapped Christ’s love come out of Charleston. Christians. There are many who himself in that very symbol, and cele- Charleston is a wonderful and beau- stepped up because they profoundly be- brated the hate that it stood for. tiful city, and I don’t know where I lieved that they needed to put an end I attended the funeral of Reverend would go to find nicer people if I to slavery. This country has put this behind us. Clementa Pinckney and, with other couldn’t go actually home, Mr. Speak- It has been through this brutal and Members of Congress, grieved with that er, so I couldn’t say enough good about bloody battle. We have come back to- community in their pain. I saw that that. gether for the Reconstruction, and we community asking themselves a ques- I have listened to this rhetoric that has poured forth over these days. It ap- have healed this country together. I re- tion: Why, why does that hateful sym- gret deeply that we are watching this bol, that flag, continue to fly over pears to me that it is now being turned into something that is division, rather country be divided again over a symbol their State capitol? of a free country. On the same day that the South than unifying. We unified in our grief with the peo- When I go to Germany and see that Carolina Legislature expressed the will ple of South Carolina, the people of they have outlawed the swastika, I of its people and the American people Charleston. Now, we are seeing the look at them and I think: We have a and voted overwhelmingly to take Confederate battle flag be put up as a First Amendment. That can’t happen down this horrible symbol, on the same symbol to be redefined as something here in the United States because we day that South Carolina voted to take different than is understood by the ma- are open enough. We have to tolerate down that hateful symbol, a Member of jority of the American people. the desecration of Old Glory, the Amer- this House of Representatives came to ican flag. this floor and offered an amendment to b 1130 Yet, we have people here on the floor preserve that symbol in America’s na- I grew up in the North, Mr. Speaker, who say they are offended by a symbol. tional parks—what a shame. and the Confederate flag always was a They are the ones who are putting it up Amazon, Walmart, and Sears all have symbol of the pride of the South from for all to see, and then they are saying taken that symbol out of their stores where I grew up. My family and my that we should outlaw that so the and no longer sell it; but the Repub- predecessors and my ancestors were American people don’t have a chance lican leadership allowed and would abolitionists, and they went to war to to see our heritage. have allowed on voice vote an amend- put an end to slavery. Everything about America’s history ment to stand that would preserve the Mr. Speaker, I have now in my hand is not glorious. Everything about our right to have that symbol sold in our a leather-bound New Testament Bible history is not right in our judgment, national parks—what a shame. that was carried in the shirt pocket of looking back in hindsight, but none of I hope the American people are my great uncle, John Richardson, and us know what it was like for the people watching and paying attention to this it is written inside here. It was pre- who lived during that time, in that era. because it is a moment of truth, I sented to him on the eve of his depar- We can accept our history. We can be think, for this Congress. I hope and I ture for the war in July of 1862. proud of our history. We can unify our pray that Democrats and Repub- He walked home 3 years to the day country. We can grieve for those who licans—I know the feelings of the with this Bible in his shirt pocket, it were murdered, and we can preserve Democratic Caucus; we spoke about it having protected him. It has fly specks our First Amendment rights. this morning—but I hope will be joined on it from laying open by the campfire. f It has verses that are written in it. I by Republicans on the other side in SEMINAL MOMENTS IN TIME turning back this awful amendment have found his picture, his musket, his that would say horrible things about bayonet, his belt buckle, and his ink The SPEAKER pro tempore. The the progress that we hope that we had file. Chair recognizes the gentleman from Texas (Mr. AL GREEN) for 5 minutes. made just in the last few weeks. That is what is left of this man who Mr. AL GREEN of Texas. Mr. Speak- I ask Americans to join us. Use social committed himself to putting an end to er, there are seminal moments in time. media, #takeitdown. Express yourself. slavery. Yet, his cousin, my five times great-grandfather, was killed in that The bombing of Pearl Harbor was a Join with us in rejecting this horrible seminal moment in time that will live symbol of hate. Let’s take it down. effort. Many gave their lives to put an end to slavery. in infamy. The crossing of the Edmund f I was standing before the Lincoln Me- Pettus Bridge was a seminal moment THE CONFEDERATE FLAG, A morial, reading his second Inaugural in time that will live in history. It was SYMBOL OF PRIDE Address, and I will read that into the a turning point in the civil rights/ human rights movement. The SPEAKER pro tempore. The RECORD, Mr. Speaker. This component is from Lincoln’s second Inaugural Ad- There are seminal moments in time. Chair recognizes the gentleman from The House of Representatives con- dress of March 4, 1865, when he said: Iowa (Mr. KING) for 5 minutes. fronts a seminal moment in time. Will Mr. KING of Iowa. Mr. Speaker, I ap- Fondly do we hope—fervently do we pray— we allow the healing to continue or that this mighty scourge of war may speed- preciate the opportunity to address will we try to roll back the clock? you here on the floor of the House of ily pass away. Yet, if God wills that it continue until all the wealth piled by the bonds- There are seminal moments in time. Representatives and being recognized. man’s 250 years of unrequited toil shall be If we take this vote—and I hope that I have been listening to this debate sunk and until every drop of blood drawn we will not, and there is an indication over the last week or so, and it has with the lash shall be paid by another drawn that we may not—the taking of the troubled me considerably to watch di- with the sword, as was said 3,000 years ago, vote, in and of itself, can be a seminal visions being driven between the Amer- so still it must be said: ‘‘The judgments of moment in time. ican people over symbolism that has the Lord are true and righteous altogether.’’ A vote to legitimize the Confederate now been redefined by a lot of Members Mr. Speaker, these are not disputed flag—the battle flag—would be a sem- of the opposite party. numbers. The numbers of Americans inal moment in time for the United

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.016 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4969 States House of Representatives—a I stand against this symbol. I stand THE CONFEDERATE BATTLE FLAG flag that represents slavery, a flag that for the American flag. I stand for jus- The SPEAKER pro tempore. The represents division. tice. Chair recognizes the gentleman from We have come together in this coun- f Minnesota (Mr. ELLISON) for 5 minutes. try under a flag that represents unity, IS ISIS A NATIONAL SECURITY Mr. ELLISON. Mr. Speaker, if there one that stands for liberty and justice THREAT TO THE UNITED STATES? is any doubt in the mind of any person for all, the flag of the United States of as to what this Confederate battle flag America. This is not that flag. The SPEAKER pro tempore. The stands for, I urge people not to listen We confront seminal moments in Chair recognizes the gentleman from to me. I urge you to listen to the seces- time. Texas (Mr. POE) for 5 minutes. sionists themselves. In South Carolina, the South Caro- Mr. POE of Texas. Mr. Speaker, Here is a quote from the Declaration lina Senate and House of Representa- today the terrorist army of ISIS is of the Immediate Causes Which Induce tives stood tall when confronting a stronger than ever. It maims, rapes, and Justify the Secession of South seminal moment in time, and the Con- pillages, burns, and beheads in its zeal Carolina from the Federal Union. federate battle flag will be removed. to commit religious genocide against It reads: I was so proud to hear a relative, a anyone who disagrees with them. This sectional combination for the submer- descendant, of Jefferson Davis take to ISIS controls and manipulates the sion of the Constitution has been aided in some of the States by elevating to citizen- the floor of the House of Representa- minds of thousands of foreign fighters, including those who come from the ship persons who, by the supreme law of the tives in South Carolina and proclaim land, are incapable of becoming citizens, and that the flag must come down. United States. This is done arrogantly their votes have been used to inaugurate a Seminal moments in time. through American social media compa- new policy hostile to the South and the de- We have our opportunity to do that nies. struction of its beliefs and safety. which is right, to do what Dr. King The U.S.’ answer to the ISIS threat? Those persons were Black people. talked about when he said that the arc Well, let’s see what it is. That new policy that was hostile to the of the moral universe is long, but it Part of the current U.S. strategy is South was ending the enslavement of bends towards justice. to train foreign mercenaries to fight the millions of people based on their We can bend the arc of the moral uni- against ISIS. It has had a yearlong race. verse toward justice or we can turn American budget of about $500 million. Here is a quote from the Vice Presi- back the clock, understanding that The program is to equally fund equip- dent of the Confederacy. I think he can this is a symbol that causes a lot of ment and to train these so-called mod- speak authoritatively as to what other pain for a lot of people. This symbol erates from Syria to fight ISIS. I call Confederate flags mean. Vice President would have prevented my having the them mercenaries. Alexander Stephens said: opportunity to stand here if it had pre- However, the Secretary of Defense of Our new government is founded upon ex- vailed. the United States—Carter—admitted actly the opposite of the American idea. Its foundations are laid—its cornerstone rests— I call upon all people of goodwill to that, even after this 1 year of training, the United States has only trained 60— upon the great truth that the Negro is not please do the righteous thing, not just equal to the White man, that slavery, subor- the right thing—do the righteous six, zero—of these moderate Syrian dination to the superior race, is his natural thing. rebels. and normal condition. How can you possibly vote for this If I do my math correctly, Mr. Speak- That is what the Vice President of after you saw the relatives of the nine er, we are spending about $4 million the Confederate States said under ban- who were killed stand in court before a apiece on these 60 fighters to go and ners like this one as they were fighting judge and before the person who was fight, supposedly, ISIS. and offering the lives of their own chil- the assailant—the person who actually This is embarrassingly pathetic. The dren to maintain slavery. greatest nation that has ever existed killed people—and say, ‘‘I forgive b 1145 you’’? We have forgiven those who have sees ISIS as such a threat that we are fought to enslave us. We have forgiven. going to send 60 folks over to try to This is what the flag represents. I yield to the gentleman from Rhode I forgive you. take care of them. Ironically, there are more Americans Island (Mr. CICILLINE). How could you possibly now decide Mr. CICILLINE. I thank the gen- that you will legitimize this symbol of who are fighting with ISIS than we have rebels who have been trained to tleman for yielding. hatred, of slavery, of a bygone era of a Mr. Speaker, last night the South time when people were not even pro- fight against ISIS. The United States obviously is not Carolina House of Representatives fi- claimed to be human beings in the nally approved legislation to take minds of many? taking ISIS seriously. ISIS even mocks the United States and its 60 fighters down this symbol of hatred and bigotry So this is a great opportunity for this and the darkest time in our Nation’s House of Representatives to answer the on, once again, American social media. There is more. history. clarion call of justice and to do as Dr. It is shameful that less than 24 hours The President has recently admitted King indicated, to bend the arc of the after the State of South Carolina took moral universe towards justice. that the United States really doesn’t this important step for progress and But it is also something else. It is an even have a complete strategy against equality that the United States House opportunity to see where we are. ISIS. Now, isn’t that lovely? of Representatives would consider an There will be a moment in time be- The question is, Mr. Speaker: Is ISIS amendment that would allow the Con- yond this time when someone will look a national security threat to the federate flag to be placed in National back upon these moments and he will United States? That is the question. Park Service cemeteries. look to see where we stood. That is the question that has to be an- Let’s be clear. This amendment is a Where did you stand when you had swered by the administration and by symbol of hate, and anyone who sup- the chance to stand for righteousness? Congress, and a decision needs to be ports its being in a place of honor is Where were you when you had an op- made by the administration. imposing an insult on anyone who has portunity to vote to recognize justice It is time for the administration to experienced racism in their lives or be- as opposed to the injustice associated pick a horse and ride it. If ISIS is a lieves in America’s founding principles with this symbol? threat, then we must have a plan to de- of equality, justice, and freedom. C.A. Tindley was right. So I will feat them, then actively implement the 150 years ago hundreds of thousands leave you with these words: plan, and defeat ISIS. of brave soldiers died to save our Union Mr. Speaker, the Commander in and to defeat all the ugly beliefs that Harder yet may be the fight; right may Chief needs to lead. He needs to com- often yield to might. Wickedness awhile may the Confederate battle flag represents. seem to reign; Satan’s cause may seem to mand or ISIS will continue its reign of Dr. Martin Luther King was fond of gain. There is a God that rules above with terror in the Middle East and in other saying that the arc of the moral uni- the hand of power and a heart of love. When parts of the world. verse is long, but it bends toward jus- we are right, He will help us fight. And that is just the way it is. tice. Our country has come far since

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.017 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4970 CONGRESSIONAL RECORD — HOUSE July 9, 2015 the end of the Civil War, but returning ceedings and announces to the House Mr. HIGGINS. Mr. Speaker, this this flag to a place of honor would un- his approval thereof. year, more than 1.5 million Americans dermine that progress. It is time to rel- Pursuant to clause 1, rule I, the Jour- will be diagnosed with cancer. Fortu- egate this symbol of hate to the nal stands approved. nately, innovative research has led to dustbin of history. f more effective and accessible treat- Take it down. ments. However, insurance has not Mr. ELLISON. Mr. Speaker, I yield to PLEDGE OF ALLEGIANCE kept pace with the science, and cancer the gentleman from California (Mr. The SPEAKER. Will the gentle- patients are paying the price. SWALWELL). woman from Ohio (Mrs. BEATTY) come Chemotherapy, previously adminis- Mr. SWALWELL of California. I forward and lead the House in the tered only through injection, is now thank the gentleman from Minnesota Pledge of Allegiance. available for many types of cancer in for leading on this issue. Mrs. BEATTY led the Pledge of Alle- pill form. Today, oral chemotherapy It must be throwback Thursday, be- giance as follows: represents 35 percent of all new cancer cause just yesterday the South Caro- drugs. However, copayments for oral lina State House voted to take down I pledge allegiance to the Flag of the the Confederate flag. However, today United States of America, and to the Repub- chemo can be hundreds or thousands of lic for which it stands, one nation under God, dollars per month. As a result, it pre- our House Republican colleagues want indivisible, with liberty and justice for all. a bill, they want an amendment that vents patients from filling their pre- will put that flag back up and allow f scriptions. people to salute that same flag across ANNOUNCEMENT BY THE SPEAKER A cancer patient should never be forced to make a treatment decision our country in our national parks. The SPEAKER. The Chair will enter- It is time to finally, once and for all, based on finances. That is why I joined tain up to 15 requests for 1-minute take down an ugly flag that is nothing Congressman LEONARD LANCE to re- speeches on each side of the aisle. more than a tribute to an ugly past. introduce the Cancer Drug Coverage Mr. Speaker, let’s throw down this f Parity Act, which would require health flag. Let’s not throw back to an ugly FIGHTING FOR NEW HAMPSHIRE’S insurance plans that cover traditional part of our history. LAND, WATER, AND HERITAGE chemotherapy to provide no less favor- f able coverage for prescribed orally ad- (Mr. GUINTA asked and was given ministered drugs. RECESS permission to address the House for 1 I urge my colleagues to support this The SPEAKER pro tempore (Mr. POE minute and to revise and extend his re- bipartisan effort to ensure cancer pa- of Texas). Pursuant to clause 12(a) of marks.) tients can receive the treatments their rule I, the Chair declares the House in Mr. GUINTA. Mr. Speaker, I rise doctors prescribe. today in support of the Land and Water recess until noon today. f Accordingly (at 11 o’clock and 47 Conservation Fund and its impact on minutes a.m.), the House stood in re- both New Hampshire’s natural re- START REBUILDING AMERICA cess. sources and our access to hunting, fish- (Mr. DUNCAN of Tennessee asked f ing, and outdoor activities. and was given permission to address Established by Congress in 1965, the the House for 1 minute.) b 1200 LWCF provides money to Federal, Mr. DUNCAN of Tennessee. Mr. AFTER RECESS State, and local governments to pur- Speaker, David Keene for 27 years The recess having expired, the House chase and preserve land, water, and headed the American Conservative was called to order by the Speaker at wetlands for the benefit of all Ameri- Union and is now opinion editor of The noon. cans. Washington Times. f As Granite Staters know, we are Last month he wrote that, as a result blessed to call one of the most pristine of our wars and attempts at nation PRAYER ecological environments in the Nation building in the Middle East, there ‘‘is a The Chaplain, the Reverend Patrick our home. From the seacoast region to generation of young Americans who J. Conroy, offered the following prayer: the White Mountain National Forest to have never known peace; a decade in Loving God, we give You thanks for Lake Winnipesaukee, outdoor recre- which thousands of our best have died giving us another day. ation and activities are a vital part of or been maimed with little to show for In these most important days and de- New Hampshire’s First Congressional their sacrifices, our enemies have mul- bates here in the people’s House, we District’s economy. tiplied, and our national debt has sky- beg You to send Your spirit of wisdom In fact, the Outdoor Industry Asso- rocketed.’’ as the Members struggle to do the ciation found that active outdoor Now we are about to spend $82 billion work that has been entrusted to them. recreation generates $4.2 billion annu- in the OCO account for our unneces- Inspire them to work together with ally in consumer spending in New sary wars and nation building in Iraq charity, and join their efforts to ac- Hampshire, supports nearly 50,000 jobs and Afghanistan and other parts of the complish what our Nation needs to live across the State, and produces $293 mil- Middle East. This is over and above our into a prosperous and secure future. lion annually in State and local rev- regular defense budget. This 1-year, $82 In this week in the wake of cele- enue. Furthermore, over 800,000 people billion appropriation would more than brating the great blessings bestowed hunt, fish, or watch wildlife in New upon our Republic, please bless those pay for a 6-year highway bill, which ev- Hampshire each year, spending over men and women who serve our Nation eryone on both sides say they want. $560 million on wildlife-related recre- in uniform wherever they may be. Let’s stop trying to foolishly rebuild Please keep all the Members of this ation. the Middle East and start rebuilding Congress, and all who work for the peo- It is no surprise that the LWCF is a America. Let’s bring all those hundreds ple’s House, in good health, that they critical part in maintaining and of thousands of jobs home. might faithfully fulfill the great re- strengthening those numbers, while si- f sponsibility given them by the people multaneously preserving our beautiful State. TAKE DOWN THE CONFEDERATE of this great Nation. BATTLE FLAG Bless us this day and every day. May I urge my colleagues to join in sup- all that is done here be for Your great- port of this legislation. (Ms. LEE asked and was given per- er honor and glory. f mission to address the House for 1 Amen. minute.) CANCER DRUG COVERAGE PARITY Ms. LEE. Mr. Speaker, I rise today in f ACT the strongest possible opposition to THE JOURNAL (Mr. HIGGINS asked and was given House Republican efforts to support The SPEAKER. The Chair has exam- permission to address the House for 1 hate through the promotion of the Con- ined the Journal of the last day’s pro- minute.) federate battle flag.

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.019 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4971 Make no mistake, the Confederate understand what America is all about. TAKE DOWN THE CONFEDERATE battle flag is a symbol of hate and rac- We are southerners and northerners. FLAG ism. The Calvert amendment would We come from the East and the West. (Mr. CARTWRIGHT asked and was allow for the display and sale of this We love our cooking, we love our cul- given permission to address the House symbol of hate at our national parks ture, but we are Americans. So today I for 1 minute.) and Federal cemeteries. That is out- ask this body to allow us to debate this Mr. CARTWRIGHT. Mr. Speaker, I rageous. question to a resolution that enhances awoke this morning to find news that This flag speaks to one of the darkest American unity. last night, in the wee hours, House Re- moments in our Nation’s history, and The Supreme Court issued a state- publican leadership advanced an its display and sale in our national ment in Walker v. Sons of Confederate amendment to allow the display of the parks is simply unconscionable. Today, Veterans, a Texas case. Before the Confederate battle flag in Federal our Nation still grieves the tragedy in Texas Department of Motor Vehicles, cemeteries and to allow National Park Charleston, and we remember the nine early on, as just a civilian, I argued Service agents to do business with gift lives that were tragically cut short by against Confederate license plates. We shops that sell Confederate battle a person whose sole goal was hate and won that case. The Supreme Court said flags. division. that public speech that offends or op- Mr. Speaker, at a time when South The South Carolina Legislature presses is not allowed. Carolina, itself the cradle of the Con- voted last night in a bipartisan way to I am not talking about the flag on federacy, has outlawed the flying of the Confederate battle flag on their state- take down the Confederate battle flag your car or your home, but I am saying house grounds, at a time when all from the statehouse. Likewise, major that this rebel flag does not represent Americans were horrified at the retailers have removed this symbol of America, does not teach our children, slaughter of nine churchgoers by an in- hate from their shelves. Yet my Repub- and it does not heal. And I would offer lican colleagues want to return it to dividual motivated by that battle flag, to say that we are long overdue for a at a time when everyone understands our national parks and Federal ceme- debate like that in the senate in South teries. This is simply outrageous. and acknowledges that it is a symbol of Carolina, to follow Reverend Pinck- hate, we find the House Republican It is past time for our Nation to get ney’s words that we have to know how serious about putting away not only leadership wrapping itself in the Con- to break the cycle and of a roadway to- federate battle flag. I object to this. these hateful symbols, but ensuring ward a better world. He knew that a liberty and justice for all. It is past path of greatness involves an open f time to take it down. mind, but more importantly, an open ENSURING RELIGIOUS FREEDOM f heart. FOR HUMANITY NATURAL GAS I hope we can debate H. Res. 342, (Mr. HILL asked and was given per- which enhances the unity of our coun- mission to address the House for 1 (Mr. ROUZER asked and was given try, not this flag. minute and to revise and extend his re- permission to address the House for 1 marks.) minute.) f Mr. HILL. Mr. Speaker, early this Mr. ROUZER. Mr. Speaker, as a re- year, I had the opportunity to meet sult of the shale energy revolution, with Ambassador David Saperstein, the HONORING CHARLES ‘‘CHUCK’’ America has moved from a posture of U.S. Ambassador At Large for Inter- HARMON energy scarcity to one of energy abun- national Religious Freedom. He is dance. This shift is helping to drive (Mr. WENSTRUP asked and was tasked with leading America’s fight economic growth, environmental stew- given permission to address the House against religious persecution through- ardship, and greater energy security. for 1 minute and to revise and extend out the world. This is a significant However, without the acceleration of his remarks.) mandate, especially in the Middle East, natural gas infrastructure in all re- Mr. WENSTRUP. Mr. Speaker, on where Christian, Jewish, and minority gions of the country, only a few will July 14, Cincinnati will host the Major Muslim communities that have been benefit. League Baseball All-Star Game, and I settled in the same areas for millennia A large interstate gas transmission want to take the opportunity to recog- are being uprooted, subjugated, and project has been proposed to bring this nize a famous Redleg, Charles ‘‘Chuck’’ murdered. affordable, reliable, and cleaner energy Harmon, the first African American to These aren’t acts of geopolitical source to southeastern North Carolina, play for the Cincinnati Reds. jockeying or even political domination. and with it the potential for economic Chuck Harmon paved the way for These are acts of pure, unadulterated growth in some of our State’s most many African American major league evil perpetuated by those of dark and economically challenged and rural baseball players, like fellow Redleg wicked souls. areas. Fundamental American values, Frank Robinson, who credits Harmon We are blessed with the natural re- among which are commitments to reli- as helping launch his career. sources and innovations in technology gious freedom and human rights, will to be the energy capital of the world, Mr. Harmon entered the 1954 season always be the cornerstone of this Na- which would drive economic growth to on April 17 as a right-handed infielder tion’s foreign policy. new heights. The Congress must put with the Reds. With a .242 batting aver- I am a proud cosponsor of H.R. 1150, into place rational and predictable reg- age during his Reds career, he was also the Frank Wolf International Religious ulatory structures that create a more known as the fastest player on the Freedom Act, because now, more than stable climate for the natural gas in- team during his rookie season. ever, we need to ensure that former dustry. Ohio’s Second District continues to Congressman Frank Wolf’s landmark I urge my colleagues to support pol- celebrate Mr. Harmon’s legacy by cele- legislation is updated for the 21st cen- icy solutions that will lead to energy brating his career at the Great Amer- tury to be able to give us the best tools independence and economic growth for ican Ball Park at the All-Star game 50 to promote religious freedom around America. years after his first at bat, by renam- the globe. ing a street in his hometown of Golf I thank Ambassador Saperstein for f Manor to Chuck Harmon Way, and by his work. CONFEDERATE FLAG DOES NOT unveiling a statue for the Reds Urban f REPRESENT AMERICA Youth Academy in Roselawn. b 1215 (Ms. JACKSON LEE asked and was Thank you, Chuck Harmon, for your given permission to address the House pioneering contributions to breaking REMOVE CONFEDERATE FLAGS for 1 minute.) the color barrier in our Nation’s pas- FROM OUR NATIONAL PARKS Ms. JACKSON LEE. Mr. Speaker, we time. Your accomplishments will for- (Mr. HAHN asked and was given per- have children to educate, and we have ever be recognized by generations of mission to address the House for 1 children to love and to have them to Americans to come. minute.)

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.021 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4972 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Mr. HAHN. Mr. Speaker, I also rise to Confederate flag in our national parks. on his shoulder. He cut a wide swath express my outrage that my Repub- Mr. Speaker, I was appalled by these and cast a long shadow over Las Vegas lican colleagues, in the darkness of the actions. when times were simpler, but the night, offered a surprise amendment to The tragic events in Charleston led stakes were high. allow the Confederate battle flag to be to South Carolina’s landmark vote last Our community misses him; I miss displayed in our national parks and at night to take down the Confederate him personally, and I look forward to Federal cemeteries. Just a couple of flag from their statehouse. If South reading George Knapp’s biography on days ago, this body voted to remove Carolina can act, certainly and surely, his amazing life. the Confederate battle flag from our Congress can support our national f national parks. parks in acting to don’t sell that flag. CONFEDERATE BATTLE FLAG My Republican colleagues are choos- Mr. Speaker, these are America’s ing to raise the Confederate battle flag parks, and they belong to all people. (Ms. SEWELL of Alabama asked and again, despite growing opposition by The Nation is watching. Don’t go down was given permission to address the Americans who recognize it as a dis- in history as not standing up against House for 1 minute.) Ms. SEWELL of Alabama. Mr. Speak- graceful celebration of the war waged violence and racism. er, I rise today to add my voice to this to prolong slavery in this country. Mr. Speaker, I urge my colleagues to discussion about the Confederate battle Yesterday, in a stunning sign of join me to ensure that we don’t sell flag. that flag, the Confederate flag. progress, South Carolina voted to take As a daughter of the South, a Rep- down that flag after 50 years of flying f resentative from Alabama, a native of it at their State capitol. Why do some TAKE DOWN THE CONFEDERATE Selma, Alabama, I have to tell you I here continue to insist on defending FLAG cannot believe, in 2015, we are talking this painful symbol of racism? about whether or not this body would (Mr. YARMUTH asked and was given This is shameful. In the wake of the allow on Federal grounds, Federal permission to address the House for 1 devastating murder of Senator Pinck- cemeteries, and Federal national parks minute.) ney and the eight other churchgoers at the display, the selling of this Confed- Mr. YARMUTH. Mr. Speaker, last Emanuel AME, this is a new low for erate battle flag. this Congress. night in the South Carolina Legisla- There is no denying that our Con- f ture, we saw Democrats and Repub- stitution talks about ‘‘We, the people,’’ licans join together to take down the 21ST CENTURY CURES ACT and there is no denying that this Con- Confederate battle flag, many with federate flag is controversial. Some see (Mr. VALADAO asked and was given tears in their eyes and still grieving it as heritage, and most see it as ha- permission to address the House for 1 the nine lives lost in Charleston. tred. minute.) While the people of South Carolina I can tell you one thing: we, the peo- Mr. VALADAO. Mr. Speaker, today, move one step past this terrible trag- ple, cannot allow on Federal grounds— we have 10,000 known diseases, most of edy, many House Republicans want to we all pay taxes and are citizens of this which are considered rare. However, we take our Nation 150 years back. great Nation—and to allow this flag to only have 500 cures for these diseases. We were scheduled to vote on the In- be sold and to be displayed on Federal Americans can do better than that, and terior Appropriations bill today. The land is unacceptable. today, we have that opportunity to do bill was pulled because Members on the I really hope that, when I gathered so. other side of the aisle objected to ban- together 100 Members of Congress in We have a bill that will be heard here ning the display and sale of the Confed- Selma for the 50th anniversary of the on the floor today, the 21st Century erate flags at national park facilities. Selma to Montgomery march, it was Cures Act, which I am proud to be a co- For years, I have heard all the argu- not a kumbaya moment in Selma in sponsor of and thrilled to see that we ments from those who defend the dis- March; rather, I hope that we will do actually have an opportunity to help so play of the Confederate battle flag, but what we promised this Nation we many people with increased funding so it is moral cowardice to ignore this would do, and that is represent we, the that we can help find some cures, help flag’s history of White supremacy and people, by taking down this flag and people—sometimes in our own family, treason, to pretend it symbolizes any- not displaying it on any grounds. people that we know, our friends—with thing other than a heritage of hate and f some of the diseases and some of the human oppression. things that we face. The Confederate battle flag does not PENNSYLVANIA OREO PLANT Finally, today, with all the negative belong atop our State capitols, and it CLOSURE press that we have got, we have an op- certainly should not be sold or dis- (Mr. BRENDAN F. BOYLE of Penn- portunity to actually do something to played at our national parks. It be- sylvania asked and was given permis- be proud of, something that actually longs in a museum of shame, alongside sion to address the House for 1 minute.) makes a difference for people in our the other relics of hate and division Mr. BRENDAN F. BOYLE of Pennsyl- own community. that tore our country apart. vania. Mr. Speaker, last week, many of Again, I ask that this House approve f us were proudly waving our flag, cele- this bill. brating the Fourth of July, and also SHERIFF RALPH LAMB f rooting on the successful women’s soc- (Ms. TITUS asked and was given per- cer team in winning the World Cup. GOP CONFEDERATE FLAG mission to address the House for 1 Unfortunately, at the very same time AMENDMENT minute.) we were doing that, displaying our pa- (Mrs. BEATTY asked and was given Ms. TITUS. Sheriff Ralph Lamb, who triotism, the company that makes permission to address the House for 1 passed away on July 3, was one of those Oreo cookies and Ritz crackers, two minute.) larger than life characters who dot the very well-known American brands, de- Mrs. BEATTY. Mr. Speaker, the hope landscape and lore of the Old West. cided that, for the first time in 60 of a secure, livable world lies within A rancher from humble Mormon be- years, they would close their legendary those who believe in justice and equal- ginnings, he embodied the independent Philadelphia plant in the heart of my ity for all. cowboy spirit. He was John Wayne, district, laying off over 300 workers be- Democrats have worked in a bipar- Wyatt Earp, and Dirty Harry all rolled cause they are shipping the jobs to tisan fashion to ban the display of Con- into one. He was a rodeo rider. He in- Monterrey, Mexico. federate flags in Federal cemeteries spired a TV series, and he changed the Now, keep in mind, this is a com- and barred National Park Services face and future of Las Vegas by clean- pany, Mondelez, that is in no way in fi- from doing business in gift shops that ing up the streets and reining in the nancial disarray. In fact, their reve- sell the Confederate flag. mob. nues last year topped $50 billion. This Last night, Republicans rolled out an Sheriff Lamb wasn’t afraid of the plant that was closed is profitable, but amendment that would resurrect the devil because he always had an angel not profitable enough.

VerDate Sep 11 2014 00:14 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.023 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4973 But there is good news. I do con- lican State Representative in South b 1230 gratulate their CEO, Ms. Irene Carolina tearfully called it. SOUTH CAROLINA’S REMOVAL OF Rosenfeld, who got a 50 percent pay in- It is astonishing that the Repub- THE CONFEDERATE BATTLE FLAG crease in the last few months at the licans are so out of touch. We cannot same very time over 300 workers from allow this shameful decision to hold. (Mr. CLYBURN asked and was given my district were getting laid off. Take down the flag. permission to address the House for 1 Mr. Speaker, it is not right. Say ‘‘no’’ minute and to revise and extend his re- to Oreo. f marks.) f Mr. CLYBURN. Mr. Speaker, following the horrific murder of nine of TAKE DOWN THE CONFEDERATE NUCLEAR AGREEMENT WITH IRAN my constituents during their Bible BATTLE FLAG (Mr. LIPINSKI asked and was given study class at Mother Emanuel AME (Mr. PRICE of North Carolina asked permission to address the House for 1 Church in Charleston, many Members and was given permission to address minute and to revise and extend his re- of this body came to Charleston to help the House for 1 minute.) marks.) celebrate the life and legacy of Rev- Mr. PRICE of North Carolina. Mr. Mr. LIPINSKI. Mr. Speaker, a strong erend Senator Clementa Pinckney. Speaker, we have just learned that the nuclear agreement that truly forestalls I thank the Speaker of the House and Interior Appropriations bill will be Iran’s weapons breakout ability could the bipartisan delegation for coming, pulled from the floor today. be positive for regional and national showing their concern. A number of Southern ‘‘irreconcil- security. However, I fear too many con- And I thank the Governor of South able’’ Republican Members apparently cessions are being made to secure a Carolina for calling for the removal of planned to vote against the bill, unless deal, and a bad deal will be worse than the Confederate battle flag from the it permitted the display of the Confed- no deal at all. State house grounds. erate battle flag in our national parks We must remember Iran sponsors ter- At 4 o’clock this afternoon, she is and permitted vendors to sell Confed- rorism throughout the region. They are going to sign the bill, which passed this erate souvenirs. This is unbelievable, constantly provocative and a serious morning around 1:30 a.m. by a vote of and I say that as a Southern represent- threat toward our ally Israel. 94–20, to remove that flag from the ative. We all want to see the threat of war State house grounds. Tomorrow morn- It is unbelievable, after the unspeak- with Iran diminished and to disable ing at 10 o’clock, they will remove that able tragedy in Charleston and the ac- their nuclear pursuits, but giving them flag. tion in the South Carolina Legislature too much to secure a vapid deal will I cannot believe that today we have yesterday to remove the battle flag only increase Iran’s threat. That is been asked to condone a backward from South Carolina’s Capitol grounds. why any agreement must have unas- step. Why we in this body would do But the House Republican leadership sailable standards for inspections any such is beyond me. last night chose to accommodate the time in any place. Southern Republican irreconcilables f Access to all background on their with an amendment, and now, they are MOTION TO ADJOURN pulling the Interior bill, lest the prior military nuclear research must irreconcilables bring it down. also be in the agreement. The strictest Mr. CLYBURN. Mr. Speaker, I move Mr. Speaker, we shouldn’t have to de- limits on centrifuges and enrichments that the House do now adjourn. bate whether a symbol of hatred and must be there. A breakout time of no The SPEAKER pro tempore (Mr. oppression in our Nation’s darkest less than 1 year and a phased perform- SIMPSON). The question is on the mo- hour should be displayed on Federal ance-based sanctions relief and airtight tion to adjourn offered by the gen- lands. Is the Republican majority real- snapback sanctions when Iran violates tleman from South Carolina (Mr. CLY- ly that out of touch? Let us join to- these standards must also be included. BURN). gether to take down that battle flag. Anything less should be rejected. The question was taken; and the Speaker pro tempore announced that f f the noes appeared to have it. CONFEDERATE FLAG RECORDED VOTE (Ms. SCHAKOWSKY asked and was CALVERT AMENDMENT Mr. CLYBURN. Mr. Speaker, I de- given permission to address the House (Mr. LEWIS asked and was given per- mand a recorded vote. for 1 minute.) mission to address the House for 1 A recorded vote was ordered. Ms. SCHAKOWSKY. Mr. Speaker, so minute.) The vote was taken by electronic de- I have heard that the Republicans have vice, and there were—ayes 13, noes 402, Mr. LEWIS. Mr. Speaker, 50 years pulled their Interior Appropriations not voting 18, as follows: bill from the floor, and I sure hope it is ago, when we were beaten on the Ed- mund Pettus Bridge and attempted to [Roll No. 424] because they have reconsidered their AYES—13 support for flying the Confederate bat- march from Selma to Montgomery, Bass Doggett Johnson (GA) tle flag, overturning an earlier decision there were officers of the law wearing the Confederate battle flag on their Blumenauer Farr Lee of this very body by unanimous voice Boyle, Brendan Gallego Schakowsky vote to take it down. helmet. F. Grijalva Slaughter Last night, unbelievably, When the Klan marched through our Castro (TX) Jackson Lee unforgivably, House Republicans acted neighborhoods in Alabama, Georgia, NOES—402 to uphold the Confederate battle flag and South Carolina, countless homes in Abraham Bishop (UT) Calvert at the very moment that South Caro- Birmingham were bombed and burned. Adams Black Capps When they set fire to Black churches Aderholt Blackburn Capuano lina was voting to take it down. House Aguilar Blum Ca´ rdenas Republicans surreptitiously rushed to throughout the South, the Confederate Allen Bonamici Carney have National Park Service continue battle flag was the symbol of their cru- Amash Bost Carson (IN) to sell this symbol of hate and to keep elty and injustice. Ashford Boustany Carter (GA) Babin Brady (TX) Carter (TX) the Confederate flag flying on Federal There is no way, but no way that the Barletta Brat Cartwright lands. Federal Government should ever dis- Barr Bridenstine Castor (FL) Even worse, House Republicans tried play this flag on any Federal site or Barton Brooks (AL) Chabot sell it on Federal property. It is a sym- Beatty Brooks (IN) Chaffetz to cloak this shady move by wrapping Becerra Brownley (CA) Chu, Judy it in language about our American flag bol of division and a symbol of separa- Benishek Buchanan Cicilline and the MIA-POW flag—how dare they. tion. It is a symbol of hate. It is a relic Bera Bucshon Clark (MA) Sears, Amazon, and many other re- of our dark past. Beyer Burgess Clarke (NY) Bilirakis Bustos Clawson (FL) tailers have stopped selling that sym- We must defeat every attempt to re- Bishop (GA) Butterfield Clay bol of hate, and that is what a Repub- turn this flag to Federal properties. Bishop (MI) Byrne Cleaver

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.024 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4974 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Clyburn Higgins Moore Stutzman Vargas Westerman ginia, effectively, ending the Civil War and Coffman Hill Moulton Swalwell (CA) Veasey Westmoreland preserving the Union; Cohen Himes Mullin Takai Vela Whitfield Whereas, during the Civil War, the Confed- Cole Hinojosa Mulvaney Takano Vela´ zquez Williams erate States of America used the Navy Jack, Thompson (CA) Visclosky Collins (GA) Holding Murphy (FL) Wilson (FL) Battle Flag, and other imagery as symbols of Collins (NY) Honda Murphy (PA) Thompson (MS) Wagner Wilson (SC) Comstock Hoyer Nadler Thompson (PA) Walberg the Confederate armed forces; Wittman Whereas, since the end of the Civil War, Conaway Hudson Napolitano Thornberry Walden Womack Tiberi Walorski the Navy Jack, Confederate battle flag, and Connolly Huelskamp Neal Woodall Tipton Walters, Mimi other imagery of the Confederacy have been Conyers Huffman Neugebauer Yarmuth Cook Huizenga (MI) Newhouse Titus Walz appropriated by groups as symbols of hate, Yoder Cooper Hultgren Noem Tonko Wasserman Yoho terror, intolerance, and as supportive of the Costa Hunter Nolan Torres Schultz Young (AK) institution of slavery; Costello (PA) Hurd (TX) Norcross Trott Waters, Maxine Young (IA) Whereas, groups such as the Ku Klux Klan Courtney Hurt (VA) Nugent Tsongas Watson Coleman Turner Weber (TX) Young (IN) and other White supremacist groups utilize Cramer Israel Nunes Confederate imagery to frighten, terrorize, Crawford Issa O’Rourke Upton Webster (FL) Zeldin Crenshaw Jeffries Olson Valadao Welch Zinke and cause harm to groups of people toward Crowley Jenkins (KS) Palazzo Van Hollen Wenstrup whom they have hateful intent, including Af- rican-Americans, Hispanic-Americans, and Cuellar Jenkins (WV) Pallone NOT VOTING—18 Culberson Johnson (OH) Palmer Jewish Americans; Cummings Johnson, E. B. Paulsen Amodei Gibson Pascrell Whereas, many State and Federal political Curbelo (FL) Johnson, Sam Pearce Brady (PA) Hastings Payne leaders, including United States Senators Davis (CA) Jolly Pelosi Brown (FL) Jones Peters Thad Cochran and Roger Wicker, along with Davis, Danny Jordan Perlmutter Buck Larsen (WA) Pompeo Fattah Lofgren Rangel Mississippi House Speaker Philip Gunn and Davis, Rodney Joyce Perry other State leaders, have spoken out and ad- DeFazio Kaptur Peterson Forbes Miller (FL) Walker DeGette Katko Pingree vocated for the removal of the imagery of Delaney Keating Pittenger b 1313 the Confederacy on Mississippi’s State flag; DeLauro Kelly (IL) Pitts Ms. ADAMS, Messrs. HIMES, Whereas, many Members of Congress, in- DelBene Kelly (MS) Pocan cluding Speaker John Boehner, support the MCKINLEY, WESTERMAN, Mrs. Denham Kelly (PA) Poe (TX) removal of the Confederate flag from the Dent Kennedy Poliquin DAVIS of California, Ms. SINEMA, Ms. grounds of South Carolina’s capitol; DeSantis Kildee Polis MAXINE WATERS of California, Whereas, Speaker John Boehner released a DeSaulnier Kilmer Posey Messrs. MOULTON and MEEKS statement on the issue saying, ’I commend DesJarlais Kind Price (NC) Governor Nikki Haley and other South Caro- Deutch King (IA) Price, Tom changed their vote from ‘‘aye’’ to ‘‘no.’’ Diaz-Balart King (NY) Quigley Ms. LEE changed her vote from ‘‘no’’ lina leaders in their effort to remove the Dingell Kinzinger (IL) Ratcliffe to ‘‘aye.’’ Confederate flag from Statehouse grounds. In his second inaugural address 150 years Dold Kirkpatrick Reed So the motion to adjourn was re- Donovan Kline Reichert ago, and a month before his assassination, Doyle, Michael Knight Renacci jected. President Abraham Lincoln ended his speech F. Kuster Ribble The result of the vote was announced with these powerful words, which are as Duckworth Labrador Rice (NY) as above recorded. meaningful today as when they were spoken Duffy LaMalfa Rice (SC) on the East Front of the Capitol on March 4, Duncan (SC) Lamborn Richmond f Duncan (TN) Lance Rigell 1865: ’With malice toward none, with charity Edwards Langevin Roby RAISING A QUESTION OF THE for all, with firmness in the right as God Ellison Larson (CT) Roe (TN) PRIVILEGES OF THE HOUSE gives us to see the right, let us strive on to finish the work we are in, to bind up the na- Ellmers (NC) Latta Rogers (AL) Ms. PELOSI. Mr. Speaker, pursuant Emmer (MN) Lawrence Rogers (KY) tion’s wounds, to care for him who shall have Engel Levin Rohrabacher to rule IX, I rise in regard to a question borne the battle and for his widow and his Eshoo Lewis Rokita of the privileges of the House, and I orphan, to do all which may achieve and Esty Lieu, Ted Rooney (FL) send to the desk a privileged resolu- cherish a just and lasting peace among our- Farenthold Lipinski Ros-Lehtinen Fincher LoBiondo Roskam tion. selves and with all nations.’; Fitzpatrick Loebsack Ross The SPEAKER pro tempore. The Whereas, the House of Representatives has Fleischmann Long Rothfus Clerk will report the resolution. several State flags with imagery of the Con- Fleming Loudermilk Rouzer The Clerk read as follows: federacy throughout its main structures and Flores Love Roybal-Allard House office buildings; Fortenberry Lowenthal Royce H. RES. 355 Whereas, it is an uncontroverted fact that Foster Lowey Ruiz Whereas, at 4 p.m. today, July 9th, the symbols of the Confederacy offend and insult Foxx Lucas Ruppersberger many members of the general public who use Frankel (FL) Luetkemeyer Rush Governor of South Carolina will sign legisla- Franks (AZ) Lujan Grisham Russell tion to remove the display of the Confed- the hallways of Congress each day; Frelinghuysen (NM) Ryan (OH) erate battle flag; Whereas, Congress has never permanently Fudge Luja´ n, Ben Ray Ryan (WI) Whereas, on December 20, 1860, South Caro- recognized in its hallways the symbols of Gabbard (NM) Salmon lina became the first State to secede from sovereign nations with whom it has gone to Garamendi Lummis Sa´ nchez, Linda the Union; war or rogue entities such as the Confederate Garrett Lynch T. Whereas, on January 9, 1861, Mississippi se- States of America; Gibbs MacArthur Sanchez, Loretta Whereas, continuing to display a symbol of Gohmert Maloney, Sanford ceded from the Union, stating in its ‘Dec- laration of Immediate Causes’ that ‘[o]ur po- hatred, oppression, and insurrection that Goodlatte Carolyn Sarbanes nearly tore our Union apart and that is Gosar Maloney, Sean Scalise sition is thoroughly identified with the insti- Gowdy Marchant Schiff tution of slavery—the greatest material in- known to offend many groups throughout Graham Marino Schrader terest of the world.’; the country would irreparably damage the Granger Massie Schweikert Whereas, on February 9, 1861, the Confed- reputation of this august institution and of- Graves (GA) Matsui Scott (VA) erate States of America was formed with a fend the very dignity of the House of Rep- Graves (LA) McCarthy Scott, Austin group of 11 States as a purported sovereign resentatives; and Graves (MO) McCaul Scott, David Whereas, this impairment of the dignity of Grayson McClintock Sensenbrenner nation and with Jefferson Davis of Mis- sissippi as its president; the House and its Members constitutes a vio- Green, Al McCollum Serrano lation under rule IX of the Rules of the Green, Gene McDermott Sessions Whereas, on March 11, 1861, the Confed- Griffith McGovern Sewell (AL) erate States of America adopted its own con- House of Representatives of the One Hundred Grothman McHenry Sherman stitution; Fourteenth Congress: Now, therefore, be it Resolved, That the Speaker of the House of Guinta McKinley Shimkus Whereas, on April 12, 1861, the Confederate Guthrie McMorris Shuster Representatives shall remove any State flag States of America fired shots upon Fort Gutie´rrez Rodgers Simpson containing any portion of the Confederate Sumter in Charleston, South Carolina, effec- Hahn McNerney Sinema battle flag, other than a flag displayed by tively beginning the Civil War; Hanna McSally Sires the office of a Member of the House, from Hardy Meadows Smith (MO) Whereas, the United States did not recog- any area within the House wing of the Cap- Harper Meehan Smith (NE) nize the Confederate States of America as a itol or any House office building, and shall Harris Meeks Smith (NJ) sovereign nation, but rather as a rebel insur- donate any such flag to the Library of Con- Hartzler Meng Smith (TX) rection, and took to military battle to bring Heck (NV) Messer Smith (WA) gress. the rogue states back into the Union; Heck (WA) Mica Speier The SPEAKER pro tempore. The res- Hensarling Miller (MI) Stefanik Whereas, on April 9, 1865, General Robert Herrera Beutler Moolenaar Stewart E. Lee surrendered to General Ulysses S. olution presents a question of privi- Hice, Jody B. Mooney (WV) Stivers Grant at Appomattox Court House in Vir- lege.

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MOTION TO REFER Costello (PA) Jones Rice (SC) Keating Meng Schrader Cramer Jordan Rigell Kelly (IL) Moore Scott (VA) C Mr. M CARTHY. Mr. Speaker, I have Crawford Joyce Roby Kennedy Moulton Scott, David a motion at the desk. Crenshaw Katko Roe (TN) Kildee Murphy (FL) Serrano The SPEAKER pro tempore. The Culberson Kelly (MS) Rogers (AL) Kilmer Nadler Sewell (AL) Clerk will report the motion to refer. Curbelo (FL) Kelly (PA) Rogers (KY) Kind Napolitano Sherman Davis, Rodney King (IA) Rohrabacher Kirkpatrick Neal Sinema The Clerk read as follows: Denham King (NY) Rokita Kuster Nolan Sires Mr. McCarthy moves that the resolution be Dent Kinzinger (IL) Rooney (FL) Langevin Norcross Slaughter referred to the Committee on House Admin- DeSantis Kline Ros-Lehtinen Larsen (WA) O’Rourke Smith (WA) istration. DesJarlais Knight Roskam Larson (CT) Pallone Speier Diaz-Balart Labrador Ross Lawrence Pascrell Swalwell (CA) The SPEAKER pro tempore. The gen- Dold LaMalfa Rothfus Lee Pelosi Takai tleman from California is recognized Donovan Lance Rouzer Levin Perlmutter Takano Lewis Peterson Thompson (CA) for 1 hour. Duffy Latta Royce Duncan (SC) LoBiondo Russell Lieu, Ted Pingree Thompson (MS) Mr. MCCARTHY. Mr. Speaker, this Duncan (TN) Long Ryan (WI) Lipinski Pocan Titus resolution raises a number of impor- Ellmers (NC) Loudermilk Salmon Loebsack Polis Tonko Emmer (MN) Love Sanford Lowenthal Price (NC) Torres tant questions, and the House would be Farenthold Lucas Lowey Quigley Tsongas best served by committee action on Scalise Fincher Luetkemeyer Schweikert Lujan Grisham Rangel Van Hollen (NM) Rice (NY) this measure. Accordingly, I am mov- Fitzpatrick Lummis Scott, Austin Vargas Luja´ n, Ben Ray Richmond Veasey ing to refer the resolution to the Com- Fleischmann MacArthur Sensenbrenner (NM) Roybal-Allard Vela Fleming Marchant Sessions mittee on House Administration. Lynch Ruiz Vela´ zquez Flores Marino Shimkus Fortenberry Massie Maloney, Ruppersberger Visclosky Mr. Speaker, I yield back the balance Shuster Foxx McCarthy Carolyn Rush Walz of my time, and I move the previous Simpson Franks (AZ) McCaul Maloney, Sean Ryan (OH) Wasserman Smith (NE) question on the motion to refer. Frelinghuysen McClintock Matsui Sa´ nchez, Linda Schultz Smith (NJ) The SPEAKER pro tempore. The Garrett McHenry McCollum T. Waters, Maxine Smith (TX) Gibbs McKinley McDermott Sanchez, Loretta Watson Coleman question is on ordering the previous Stefanik Gibson McMorris McGovern Sarbanes Welch question. Stewart Gohmert Rodgers McNerney Schakowsky Wilson (FL) Stivers The question was taken; and the Goodlatte McSally Meeks Schiff Yarmuth Stutzman Speaker pro tempore announced that Gosar Meadows Thompson (PA) Gowdy Meehan NOT VOTING—10 the ayes appeared to have it. Thornberry Granger Messer Bishop (UT) Lamborn Peters Tiberi RECORDED VOTE Graves (GA) Mica Forbes Lofgren Smith (MO) Tipton Graves (LA) Miller (MI) Hastings Miller (FL) Ms. PELOSI. Mr. Speaker, I ask for a Trott Graves (MO) Moolenaar Huizenga (MI) Payne recorded vote. Griffith Mooney (WV) Turner The SPEAKER pro tempore. Is the Grothman Mullin Upton b 1356 gentlewoman asking for a recorded Guinta Mulvaney Valadao Wagner vote on ordering the previous question? Guthrie Murphy (PA) Ms. CHU changed her vote from Hanna Neugebauer Walberg ‘‘present’’ to ‘‘no.’’ Ms. PELOSI. I thought the motion Walden Hardy Newhouse So the previous question was ordered. was to refer it to committee. Harper Noem Walker Harris Nugent Walorski The result of the vote was announced The SPEAKER pro tempore. The Walters, Mimi Chair has not yet put that question. Hartzler Nunes as above recorded. Heck (NV) Olson Weber (TX) The SPEAKER pro tempore. The The question is on ordering the pre- Webster (FL) Hensarling Palazzo question is on the motion to refer. vious question. Herrera Beutler Palmer Wenstrup Westerman The question was taken; and the Ms. PELOSI. Mr. Speaker, a par- Hice, Jody B. Paulsen Hill Pearce Westmoreland Speaker pro tempore announced that liamentary inquiry. Whitfield Holding Perry the ayes appeared to have it. The SPEAKER pro tempore. The gen- Hudson Pittenger Williams tlewoman may state her parliamentary Huelskamp Pitts Wilson (SC) RECORDED VOTE Hultgren Poe (TX) Wittman Ms. PELOSI. Mr. Speaker, I demand inquiry. Hunter Poliquin Womack Ms. PELOSI. Mr. Speaker, I will stay Hurd (TX) Pompeo Woodall a recorded vote. where we are until the gentleman Hurt (VA) Posey Yoder A recorded vote was ordered. rules. Issa Price, Tom Yoho The SPEAKER pro tempore. This Jenkins (KS) Ratcliffe Young (AK) will be a 5-minute vote. Mr. Speaker, I ask for a recorded Jenkins (WV) Reed Young (IA) vote. Johnson (OH) Reichert Young (IN) The vote was taken by electronic de- The SPEAKER pro tempore. Is the Johnson, Sam Renacci Zeldin vice, and there were—ayes 238, noes 176, Jolly Ribble Zinke gentlewoman asking for a recorded not voting 19, as follows: vote on ordering the previous question? NOES—185 [Roll No. 426] Ms. PELOSI. Yes. Adams Clawson (FL) Eshoo AYES—238 A recorded vote was ordered. Aguilar Clay Esty Abraham Carter (GA) Emmer (MN) The SPEAKER pro tempore. Pursu- Ashford Cleaver Farr Aderholt Carter (TX) Farenthold Bass Clyburn Fattah Allen Chabot Fincher ant to clause 9 of rule XX, the Chair Beatty Cohen Foster Amash Chaffetz Fitzpatrick will reduce to 5 minutes the minimum Becerra Connolly Frankel (FL) Amodei Coffman Fleischmann time for any electronic vote on the Bera Conyers Fudge Babin Cole Fleming question of adoption of the motion to Beyer Cooper Gabbard Barletta Collins (GA) Flores Bishop (GA) Costa Gallego Barr Collins (NY) Fortenberry refer. Blumenauer Courtney Garamendi Barton Comstock Foxx The vote was taken by electronic de- Bonamici Crowley Graham Benishek Conaway Franks (AZ) vice, and there were—ayes 238, noes 185, Boyle, Brendan Cuellar Grayson Bilirakis Cook Frelinghuysen F. Cummings Green, Al Bishop (MI) Costello (PA) Garrett not voting 10, as follows: Brady (PA) Davis (CA) Green, Gene Bishop (UT) Cramer Gibbs [Roll No. 425] Brown (FL) Davis, Danny Grijalva Black Crawford Gibson Brownley (CA) DeFazio Gutie´rrez Blackburn Crenshaw Gohmert AYES—238 Bustos DeGette Hahn Blum Culberson Goodlatte Abraham Blackburn Byrne Butterfield Delaney Heck (WA) Bost Curbelo (FL) Gosar Aderholt Blum Calvert Capps DeLauro Higgins Boustany Davis, Rodney Gowdy Allen Bost Carter (GA) Capuano DelBene Himes Brady (TX) Denham Granger Amash Boustany Carter (TX) Ca´ rdenas DeSaulnier Hinojosa Brat Dent Graves (GA) Amodei Brady (TX) Chabot Carney Deutch Honda Bridenstine DeSantis Graves (LA) Babin Brat Chaffetz Carson (IN) Dingell Hoyer Brooks (AL) DesJarlais Griffith Barletta Bridenstine Coffman Cartwright Doggett Huffman Brooks (IN) Diaz-Balart Grothman Barr Brooks (AL) Cole Castor (FL) Doyle, Michael Israel Buchanan Dold Guinta Barton Brooks (IN) Collins (GA) Castro (TX) F. Jackson Lee Buck Donovan Guthrie Benishek Buchanan Collins (NY) Chu, Judy Duckworth Jeffries Bucshon Duffy Hanna Bilirakis Buck Comstock Cicilline Edwards Johnson (GA) Burgess Duncan (SC) Hardy Bishop (MI) Bucshon Conaway Clark (MA) Ellison Johnson, E. B. Byrne Duncan (TN) Harper Black Burgess Cook Clarke (NY) Engel Kaptur Calvert Ellmers (NC) Harris

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.031 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4976 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Hartzler McKinley Russell Rangel Serrano Tsongas on the Motion to Refer H. Res. 355, ‘‘aye;’’ Heck (NV) McMorris Ryan (WI) Richmond Sherman Van Hollen Hensarling Rodgers Salmon Roybal-Allard Sinema Vargas rollcall vote No. 426—On Motion to Refer H. Herrera Beutler McSally Sanford Ruiz Sires Veasey Res. 355, ‘‘aye.’’ Hice, Jody B. Meadows Scalise Ruppersberger Slaughter Vela f Hill Meehan Schweikert Rush Smith (WA) Vela´ zquez Holding Messer Scott, Austin Ryan (OH) Speier Visclosky COMMUNICATION FROM THE Hudson Mica Sensenbrenner Sa´ nchez, Linda Swalwell (CA) Walz CLERK OF THE HOUSE Huelskamp Miller (MI) Sessions T. Takai Wasserman Huizenga (MI) Moolenaar Shimkus Sarbanes Takano Schultz The SPEAKER pro tempore laid be- Hultgren Mooney (WV) Shuster Schakowsky Thompson (CA) Waters, Maxine fore the House the following commu- Schiff Thompson (MS) Watson Coleman Hunter Mullin Simpson nication from the Clerk of the House of Hurd (TX) Mulvaney Smith (NE) Schrader Titus Welch Hurt (VA) Murphy (PA) Smith (NJ) Scott (VA) Tonko Wilson (FL) Representatives: Scott, David Torres Yarmuth Issa Neugebauer Stefanik OFFICE OF THE CLERK, Jenkins (KS) Newhouse Stewart NOT VOTING—19 HOUSE OF REPRESENTATIVES, Jenkins (WV) Noem Stivers Johnson (OH) Nugent Washington, DC, July 9, 2015. Stutzman Castor (FL) Graves (MO) Rogers (AL) Johnson, Sam Nunes Hon. JOHN A. BOEHNER, Thompson (PA) Costa Hastings Sanchez, Loretta Jolly Olson Courtney Lofgren The Speaker, House of Representatives, Wash- Thornberry Sewell (AL) Jones Palazzo Deutch Miller (FL) Tiberi Smith (MO) ington, DC. Jordan Palmer Fattah Payne Tipton Smith (TX) DEAR MR. SPEAKER: Pursuant to the per- Joyce Paulsen Forbes Peters Trott mission granted in Clause 2(h) of Rule II of Katko Pearce Graham Rice (NY) the Rules of the U.S. House of Representa- Kelly (MS) Perry Turner Kelly (PA) Pittenger Upton b 1404 tives, the Clerk received the following mes- Valadao sage from the Secretary of the Senate on King (IA) Pitts Mrs. LOVE changed her vote from King (NY) Poe (TX) Wagner July 9, 2015 at 9:09 a.m.: Kinzinger (IL) Poliquin Walberg ‘‘present’’ to ‘‘aye.’’ That the Senate passed without amend- Kline Pompeo Walden So the motion to refer was agreed to. ment H.R. 728. Knight Posey Walker Walorski The result of the vote was announced That the Senate passed without amend- Labrador Price, Tom ment H.R. 891. LaMalfa Ratcliffe Walters, Mimi as above recorded. Lamborn Reed Weber (TX) PARLIAMENTARY INQUIRY That the Senate passed without amend- Lance Reichert Webster (FL) Ms. PELOSI. Mr. Speaker, par- ment H.R 1326. Latta Renacci Wenstrup That the Senate passed without amend- LoBiondo Ribble Westerman liamentary inquiry. ment H.R. 1350. Long Rice (SC) Westmoreland The SPEAKER pro tempore (Mr. COL- With best wishes, I am Loudermilk Rigell Whitfield LINS of New York). The gentlewoman Sincerely, Love Roby Williams will state her parliamentary inquiry. KAREN L. HAAS. Lucas Roe (TN) Wilson (SC) Luetkemeyer Rogers (KY) Wittman Ms. PELOSI. Mr. Speaker, now that f Lummis Rohrabacher Womack the House has voted to refer my privi- MacArthur Rokita Woodall leged resolution to committee, can the PROVIDING FOR CONSIDERATION Yoder Marchant Rooney (FL) Chair inform Members of the status of OF H.R. 6, 21ST CENTURY CURES Marino Ros-Lehtinen Yoho ACT Massie Roskam Young (AK) the Thompson of Mississippi resolution McCarthy Ross Young (IA) referred to the House Administration Mr. BURGESS. Mr. Speaker, by di- McCaul Rothfus Young (IN) Committee, the same committee that rection of the Committee on Rules, I McClintock Rouzer Zeldin McHenry Royce Zinke we are referring today. That resolution call up House Resolution 350 and ask was on the floor 2 weeks ago and refor its immediate consideration. NOES—176 ferred to committee 2 weeks ago. The Clerk read the resolution, as fol- Adams DelBene Langevin Can the Chair inform us of the status lows: Aguilar DeSaulnier Larsen (WA) of it, especially in light of the action H. RES. 350 Ashford Dingell Larson (CT) taken by the South Carolina Legisla- Bass Doggett Lawrence Resolved, That at any time after adoption Beatty Doyle, Michael Lee ture and the Governor of South Caro- of this resolution the Speaker may, pursuant Becerra F. Levin lina to take down the Confederate bat- to clause 2(b) of rule XVIII, declare the Bera Duckworth Lewis tle flag? House resolved into the Committee of the Beyer Edwards Lieu, Ted The SPEAKER pro tempore. The Whole House on the state of the Union for Bishop (GA) Ellison Lipinski consideration of the bill (H.R. 6) to accel- Blumenauer Engel Loebsack Chair cannot comment on pending Bonamici Eshoo Lowenthal erate the discovery, development, and deliv- committee proceedings. ery of 21st century cures, and for other pur- Boyle, Brendan Esty Lowey Without objection, a motion to re- F. Farr Lujan Grisham poses. The first reading of the bill shall be Brady (PA) Foster (NM) consider the motion to refer is laid on dispensed with. All points of order against Brown (FL) Frankel (FL) Luja´ n, Ben Ray the table. consideration of the bill are waived. General Brownley (CA) Fudge (NM) There was no objection. debate shall be confined to the bill and Bustos Gabbard Lynch amendments specified in this resolution and Butterfield Gallego Maloney, Stated for: Capps Garamendi Carolyn Mr. ROGERS of Alabama. Mr. Speaker, on shall not exceed one hour equally divided Capuano Grayson Maloney, Sean rollcall No. 426 I missed the vote, but would and controlled by the chair and ranking mi- Ca´ rdenas Green, Al Matsui have voted ‘‘yea’’ had I made it to the floor be- nority member of the Committee on Energy Carney Green, Gene McCollum and Commerce. After general debate the bill Carson (IN) Grijalva McDermott fore was closed. shall be considered for amendment under the Cartwright Gutie´rrez McGovern Stated against: five-minute rule. In lieu of the amendment Castro (TX) Hahn McNerney Ms. SEWELL of Alabama. Mr. Speaker, on in the nature of a substitute recommended Chu, Judy Heck (WA) Meeks Cicilline Higgins Meng rollcall No. 426 I would have voted ‘‘no’’ on by the Committee on Energy and Commerce Clark (MA) Himes Moore this motion. now printed in the bill, an amendment in the Clarke (NY) Hinojosa Moulton Mr. DEUTCH. Mr. Speaker, on rollcall No. nature of a substitute consisting of the text Clawson (FL) Honda Murphy (FL) 426, had I been present, I would have voted of Rules Committee Print 114–22 shall be con- Clay Hoyer Nadler ‘‘no’’. sidered as adopted in the House and in the Cleaver Huffman Napolitano Committee of the Whole. The bill, as amend- Clyburn Israel Neal Ms. GRAHAM. Mr. Speaker, on rollcall No. ed, shall be considered as the original bill for Cohen Jackson Lee Nolan 426, had I been present, I would have voted Connolly Jeffries Norcross the purpose of further amendment under the Conyers Johnson (GA) O’Rourke ‘‘no’’. five-minute rule and shall be considered as Cooper Johnson, E. B. Pallone PERSONAL EXPLANATION read. All points of order against provisions Crowley Kaptur Pascrell Mr. MILLER of Florida. Mr. Speaker, due to in the bill, as amended, are waived. No fur- Cuellar Keating Pelosi being unavoidably detained, I missed the fol- ther amendment to the bill, as amended, Cummings Kelly (IL) Perlmutter shall be in order except those printed in the Davis (CA) Kennedy Peterson lowing rollcall votes: No. 424–No. 426 on July report of the Committee on Rules accom- Davis, Danny Kildee Pingree 9, 2015 (today). panying this resolution. Each such further DeFazio Kilmer Pocan If present, I would have voted: rollcall vote DeGette Kind Polis amendment may be offered only in the order Delaney Kirkpatrick Price (NC) No. 424—On Motion to Adjourn, ‘‘nay;’’ rollcall printed in the report, may be offered only by DeLauro Kuster Quigley vote No. 425—Ordering the Previous Question a Member designated in the report, shall be

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.005 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4977 considered as read, shall be debatable for the the fast pace of innovation and our cur- approve new indications of drugs, drugs time specified in the report equally divided rent, often burdensome regulatory that have a well-established knowledge and controlled by the proponent and an op- process. base and well-established safety infor- ponent, shall not be subject to amendment, The bill provides exciting new tools mation. and shall not be subject to a demand for divi- I introduced H.R. 293, with Rep- sion of the question in the House or in the to uncover the next generation of Committee of the Whole. All points of order treatments and cures. H.R. 6 is, indeed, resentative DEFAZIO of Oregon, to pro- against such further amendments are transformative—transformative of the tect continuing medical education, waived. At the conclusion of consideration of way that doctors and researchers study which plays a vital role in our the bill for amendment the Committee shall diseases, develop treatments, and de- healthcare system. This improves pa- rise and report the bill, as amended, to the liver care. tient outcomes, facilitates medical in- House with such further amendments as may It encourages innovation. It fosters novation, and keeps our Nation’s med- have been adopted. The previous question the use of data to further research. It ical professionals up-to-date. shall be considered as ordered on the bill, as modernizes clinical trials and takes With the inclusion of this provision amended, and on any further amendment in H.R. 6, we will ensure that doctors thereto, to final passage without intervening steps toward the future of personalized motion except one motion to recommit with medicine. continue to have access to these vital or without instructions. Not only does this bill take a major tools. The SPEAKER pro tempore. The gen- step forward in bringing more cures to b 1415 patients, this bill addresses our Na- tleman from Texas is recognized for 1 The provision simply enforces cur- tion’s ever-increasing healthcare hour. rent law, which states that educational spending. This bill establishes a tem- Mr. BURGESS. Mr. Speaker, for the materials were explicitly excluded porary innovation fund which is fully purpose of debate only, I yield the cus- from reporting requirements in the Af- offset, including permanently reform- tomary 30 minutes to the gentleman fordable Care Act. from Massachusetts (Mr. MCGOVERN), ing our entitlement programs. Unfortunately, the Center for Medi- Beyond the budget window, these re- pending which I yield myself such time care and Medicaid Services has acted forms in Medicare and Medicaid are es- as I may consume. During consider- in conflict with the law, but we correct tablished to yield at least $7 billion in ation of this resolution, all time yield- that in H.R. 6 and ensure that physi- additional savings for taxpayers; but ed is for the purpose of debate only. cians have access to materials and in- make no mistake. The biggest cost GENERAL LEAVE formation to keep us informed and up saver—the biggest cost saver—will be Mr. BURGESS. Mr. Speaker, I ask to date on medical innovation. With its finding cures to some of America’s unanimous consent that all Members inclusion in H.R. 6, we will ensure that most deadly and costly diseases. have 5 legislative days to revise and ex- doctors continue to have access to I am thankful to have worked on tend their remarks. these vital tools. The SPEAKER pro tempore. Is there many parts of this bill. The legislation We ensure that Americans have ac- objection to the request of the gen- contains five bills that I have intro- cess to their critical health informa- tleman from Texas? duced and other provisions that I tion by identifying barriers to achiev- There was no objection. helped with the authorship. I would ing fully interoperable health records. Mr. BURGESS. Mr. Speaker, House like to take a minute to talk about a Mr. Speaker, the United States tax- Resolution 350 provides for a rule to few of the sections where I have per- payer has spent well over $30 billion to consider a critical bill that will help sonally worked on them. ensure that healthcare providers ob- millions of Americans and their fami- While thousands of Americans are af- tain an electronic record system. How- lies who are suffering from diseases for fected by multiple sclerosis, Parkin- ever, the investment has not resulted which there is no cure. son’s, and other neurologic diseases, in access to information in those The rule provides for 1 hour of de- very little accurate information exists records and patients across the bate, equally divided between the ma- to assist those who research, treat, and healthcare spectrum. jority and the minority of the Energy provide care to those suffering from While we have seen widespread adop- and Commerce Committee, and makes these diseases. tion of electronic health records, our eight amendments from Members of H.R. 6 actually includes H.R. 292, Nation continues to maintain a frag- both parties in order so that the House that I introduced, with Mr. VAN HOL- mented healthcare system, making it may fully debate the merits of this leg- LEN of Maryland, to advance research difficult to ensure the continuity for islation. for neurologic diseases. H.R. 6 will evidence-based care for patients. As is custom, the minority is offered allow for surveillance systems for The 21st Century Cures Act would fi- a final motion to recommit the bill tracking key neurologic diseases, nally set the United States on a path prior to its passage. which may then be used to help us fur- toward achieving a nationwide inter- I am pleased the House is considering ther understand these devastating dis- operable health information system. this bipartisan legislation. The Energy eases and deliver their cure. This will be transformative for re- and Commerce Committee has spent 14 We are improving patient access to search and for medical treatment. months working to bring our needed treatments by supporting expe- Finally, along with Mr. MCCAUL and healthcare innovation infrastructure dited approval for breakthrough thera- Mr. BUTTERFIELD, we aid patients by into the 21st century. pies and actually making it easier to requiring companies to clarify avail- Today, there are 10,000 known dis- seek approval for new indications of ability of expanded access programs. eases or conditions, and we have got approved therapies. Further, with the inclusion of H.R. cures for 500. There is a gap between Currently, the Food and Drug Admin- 2414, which I introduced with Mr. the innovation and how we regulate istration approved drugs may be only SCHRADER of Oregon, we are requiring our therapies. It is not unheard of to promoted for the approved indication, the Food and Drug Administration to have a company take 14 years and even if the sponsor determines that the issue guidance on the dissemination of spend $2 billion to bring a new device drug is an effective treatment for an- up-to-date, truthful, scientific medical or drug to market. other indication. information about FDA-approved medi- Members held nearly 20 roundtables H.R. 6 includes another bill, H.R. cations. and events around the country to en- 2415, which I introduced with Mr. This legislation passed out of Energy sure that we involved patients, advo- ENGEL of New York, and would for- and Commerce’s Subcommittee on cates, researchers, innovators, and in- mally establish a program within the Health on May 19 on a voice vote, and vestors that have firsthand experience Food and Drug Administration, which it passed the full committee on May 21, and help understand the gaps in our would allow companies with approved 51–0, the second time in 3 years that current system. drugs or biologics to submit clinical the committee has had a 51–0 vote, the H.R. 6 touches each step of the data summaries for consideration of a previous one being on the repeal of the healthcare innovation process: dis- new indication. sustainable growth rate formula. covery, development and delivery. This This would reduce the time to ap- I encourage all of my colleagues to bill attempts to close the gap between proval and reduce resources required to vote ‘‘yes’’ on the rule and ‘‘yes’’ on

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.006 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4978 CONGRESSIONAL RECORD — HOUSE July 9, 2015 the underlying bill. 21st Century Cures And now is the time to come to- We know without a shadow of a doubt would not only deliver hope to the mil- gether. I am proud to join with my col- that basic medical research produces lions of American patients living with leagues who are standing up today for results. In fact, NIH-funded research at untreatable diseases, but it will help all Americans united against hate. institutions like the University of Mas- modernize and streamline the Amer- I will be asking my colleagues to sachusetts Medical School in my home- ican healthcare system. vote ‘‘no’’ on the previous question so town of Worcester has been the single I reserve the balance of my time. that we can bring up the Pelosi resolu- greatest contributor to advances in Mr. MCGOVERN. Mr. Speaker, I yield tion before all of us here and have that health in human history. myself such time as I may consume. debate and have that vote. I hope my Today the average American lives 6 (Mr. MCGOVERN asked and was Republican friends will join with me. years longer than in the 1970s largely given permission to revise and extend I just want to say one final thing. because of pioneering NIH investments. his remarks.) The fact that the Interior Appropria- All across the country, NIH-sup- Mr. MCGOVERN. I want to thank the tions bill was pulled from consider- ported researchers are forging a path gentleman from Texas (Mr. BURGESS) ation on this House floor by my Repub- toward treatment and cures for debili- for yielding me the customary 30 min- lican friends because they believed tating diseases that impact patients utes. that, without this pro-Confederate flag everywhere. Mr. Speaker, before I speak on this amendment, that they could lose up to But their success depends upon us. bill, I want to thank Leader PELOSI for 100 of their own Members, is stunning Our decision to invest in NIH is imper- leading today’s efforts to hold House to me. ative to their success in improving Republicans accountable for their divi- It never ceases to amaze me. Just health for all Americans. sive Confederate flag amendment. when I think that this institution can’t Just consider UMASS Medical School You know, it is stunning to me that sink any lower, then something like as one example. For years, UMASS has my Republican friends decided to refer this happens. been in the forefront of medical inno- the minority leader’s resolution to So, Mr. Speaker, I would urge my vation because of investments from committee so we could not have a de- colleagues to stand with me and vote NIH. bate. against the previous question so we can In 2006, Dr. Craig Mello received the The legislature in South Carolina actually have this debate, a debate I Nobel Prize in medicine for his could have a debate, but my Repub- think the American people would want groundbreaking discovery of RNA si- lican friends here in the House of Rep- us to have. lencing, which, in layman’s terms, resentatives ensured that we in Con- Now, Mr. Speaker, on the underlying means shutting off bad cells. gress cannot have that debate. bill before us, H.R. 6, the 21st Century UMASS has researchers working to- And the fact is that Americans, I Cures Act, I just want to say that this ward finding cures for AIDS, Down’s think, are ready to leave behind the is the product of bipartisan hearings, Syndrome, and Lou Gehrig’s disease. discrimination and hate symbolized by stakeholder meetings, drafts and re- All of this is possible because of our in- the Confederate flag, but my friends on drafts. vestment in NIH. the other side of the aisle seem to have I am proud to be a cosponsor of the But I hear over and over again from a different idea. version of H.R. 6 that was passed by the scientists and medical researchers that Last night House Republicans intro- Energy and Commerce Committee by a they worry about the uncertainty of duced an amendment to the Interior vote of 51–0. A vote like that doesn’t NIH funding because of crazy things Appropriations bill that simply has no happen often, especially in this Con- that we do, like sequestration. They place on this House floor. gress. worry about our commitment to ad- It would undo the successful Demo- I want to commend Chairman UPTON vancing basic medical research. cratic amendment adopted by voice and Congresswoman DEGETTE for lead- Fewer and fewer research grants are that would have barred the display of ing this initiative and tirelessly work- being funded. Countries like China, Confederate flags in Federal cemeteries ing to get H.R. 6 to the floor. India, and even Singapore are luring and barred the National Park Service I think it represents the kind of in- away the best and brightest American from doing business with gift shops vestments that we should be making to researchers because they are commit- that sell Confederate flag merchandise. help families stay healthy and to grow ting to making meaningful invest- Simply put, while South Carolina our economy. ments in medical research. voted this week to take the Confed- It provides $8.75 billion in mandatory 21st Century Cures helps to reverse erate flag down, Republicans in Con- funding over the next 5 years to the that trend, but I worry it is not gress were ready to put it back up. National Institutes of Health to spur enough. I am pleased to see that H.R. 6 And even more troubling, House Re- scientific innovation and discovery by takes a number of steps to modernize publicans tried to sneak this amend- the country’s premier medical re- clinical trials, improve how the Food ment into the bill late last night, hop- searchers and scientists. and Drug Administration approves new ing that nobody would notice. We no- During the Clinton administration, drugs and devices, and encourages the ticed. The American people noticed. Congress doubled the NIH budget and development of next generation treat- And I am ashamed that, in 2015, Con- made a real commitment to keeping ments through the use of precision gress would even consider a measure America on the front lines of scientific medicine, which President Obama that seeks to perpetuate the hate and research. That investment led to expo- highlighted in his State of the Union racism that the Confederate flag rep- nential advances in medicine. speech. resents. We should continue that progress by Just last week we saw the approval Now, my friends on the other side of once again giving NIH the resources of a major new drug that will improve the aisle, especially the leadership, they need to make new advances in the quality of life for more than 10,000 seem to be in a little bit of disarray. medicine. We shouldn’t let our politics people living with cystic fibrosis. The The Speaker of the House is trying to limit our ambition. investments included in 21st Century distance himself from the measure, As Members of Congress, we were Cures will help us to make more of notwithstanding that the Republican elected to be leaders, and this is an op- these kinds of groundbreaking ad- chairman of the House Appropriations portunity to ensure America continues vances a reality. Interior Subcommittee who offered the to lead the way on new breakthroughs Mr. Speaker, for all of the bipartisan- amendment said that he did so at the in health. ship and positive aspects of this bill, I request of the Republican leadership. Now, I would have preferred to see would be remiss if I didn’t point out The Confederate flag is a symbol of the original $10 billion in NIH funding one glaring inconsistency. racism and a reminder of one of our that was included in the bill that Despite numerous hearings, round ta- Nation’s darkest periods of division. It passed out of the Energy and Com- bles, and forms on this bill, a con- has no place in America’s National merce Committee, and I hope that we troversial policy rider that restricts Parks. Congress should not promote can increase NIH funding back to that access to abortion was added to the bill this symbol of hate. level as the bill moves forward. that came before the Rules Committee.

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.039 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4979 It is like the majority couldn’t help Colton and Tiffany Allen are resi- Mr. MCGOVERN. I yield the gentle- themselves. They couldn’t resist an op- dents of Talent, Oregon. They said this woman an additional 1 minute. portunity to add a contentious rider to bill will give hope, hope, to individuals Ms. SLAUGHTER. So, Mr. Speaker, an otherwise bipartisan package to ad- like Colton, who struggles with ALS. despite the importance of this bill, de- vance medical research. We owe it to people like Linda, spite the fact that it came out of com- I am pleased that the committee Nancy, Colton, Tiffany, to our families, mittee unanimously, despite the fact made in order an amendment offered to all Americans and literally people that so many people have worked on it, by my friends BARBARA LEE, JAN SCHA- around the globe to pass this legisla- and despite the fact that good things KOWSKY, and YVETTE CLARKE to strike tion, to tackle these diseases that have were in it, the process was completely these controversial policy riders. no treatment or cure, to develop new changed after it was over by rewriting Unfortunately, the committee pro- innovative treatments, provide better major portions of it. That doesn’t ap- hibited a number of other amendments health technology, and ultimately pear anywhere in the rules of the from coming to the floor for debate. bring hope and better lives for all. House. Out of the 36 amendments submitted Mr. MCGOVERN. Mr. Speaker, I yield Now, not only that, let’s think about for consideration, only eight will be 2 minutes to the gentlewoman from what happened here this morning. Last considered on this floor during debate New York (Ms. SLAUGHTER), the distin- night on the Interior bill, which is an on this legislation. guished ranking member of the Com- open rule, after the Democrat who was Many of our colleagues came to the mittee on Rules. up, BETTY MCCOLLUM of Minnesota, Rules Committee last night to testify Ms. SLAUGHTER. Mr. Speaker, this had yielded back her time, after the on their amendments. They raised im- is a very important day for me, as a time had been yielded on both sides portant issues and made suggestions as member of the Rules Committee. and the vote had been taken, suddenly to how we can improve this legislation. Rules, as you know, is the process com- another amendment appears at the re- So while I support the underlying mittee. I want to spend my time dis- quest, as Mr. MCGOVERN has said, of bill, I urge my colleagues to vote ‘‘no’’ cussing the process that has been going the Republican leadership. So they sud- on the rule, which prohibits debate on on here. denly come up with this. Ms. MCCOL- a number of amendments worthy of The process that rules have in the LUM was not informed in any way. She consideration. House is to really make certain that had absolutely no knowledge of what I reserve the balance of my time. fairness is presented to all parties. was going to happen. That may not Mr. BURGESS. Mr. Speaker, I yield 2 b 1430 break a specific rule of the House, but minutes to the gentleman from Oregon it sure does break etiquette. You do Whether you are a majority or a mi- (Mr. WALDEN), a member of the Energy not come out onto the floor to try to nority, you have your rights, but they and Commerce Committee. fool people who are on the other side. Mr. WALDEN. Mr. Speaker, I want to have been trampled on and abused with The SPEAKER pro tempore. The thank the chairman of the committee, increasing regularity under this major- time of the gentlewoman has again ex- FRED UPTON, and DIANA DEGETTE for ity, and we have two glaring examples pired. their great bipartisan work. And we all of that just today. We have glaring ex- Mr. MCGOVERN. Mr. Speaker, I yield put a shoulder to the wheel here to get amples every day, but let me bring up the gentlewoman an additional 1 this done. these two. minute. This is really big, 21st Century Cures. Mr. Speaker, this bill is critically Ms. SLAUGHTER. Mr. Speaker, what All of us have known someone afflicted important to all of us, and as every- happened here this morning, obviously, by deadly diseases. Most of us have body has spoken before makes it I think Mr. MCGOVERN has stated it seen people in our own families. clear—and we all agree on the impor- precisely. Without the ability to have My mother passed away as the result tance of putting more money into that amendment, without that crazy of ovarian cancer. My sister-in-law had major research in the United States— amendment, frankly, that resolution— brain cancer. I lost a son to a con- we are falling behind other countries in as far as I am concerned, once you send genital heart defect. My mother-in-law finding the cures and the innovation them back to committee, you are send- had rheumatoid arthritis from a very for which we have been known for cen- ing them to interment—we will never early age. My stepmother died of a turies. This is an important step that see that one again. But they had to stroke. We are all affected. we are taking. This is a critically im- have that in order to get the votes to Investing in cures, investing in treat- portant bill, but process matters. pass the bill. That is the kind of horse ments, investing in innovation and Mr. Speaker, after the committee trading and all the things that go on doing it right here in America is the had voted out this bill unanimously, here. After all the process and proce- best step forward. major changes were made with no com- dure that belongs to the Congress of This legislation would modernize the mittee input at all. They include re- the United States, and has for cen- Nation’s biomedical innovation infra- duction of the amount of money that turies, has been absolutely abused, as I structure and streamline the process the committee had said would be put said earlier, and trampled on on a reg- for how drugs and medical devices are into the National Institutes of Health ular basis, Mr. Speaker, it is time we approved in order to get new treat- by $1.025 billion, a very substantial stopped it. Nothing happened here ments to patients and get it to them sum. today except to make this place look faster. They added some policy riders that stupid. To do this, we solicited input from literally made no sense. Why in the I was born in a border State, in Ken- some of the best scientists in the world would you put an abortion rider tucky. All my life I have lived there. I world, including Dr. Brian Druker of on a thing for medical research? As far was educated there, and I was married OHSU, Oregon Health Sciences Univer- as I know, the NIH and most medical there. I never saw a Confederate flag in sity, Knight Cancer Research Center, a universities doing this research do not all the years of my life. These battle true pioneer in the fight against can- perform abortion procedures. It was flags that they are putting up appeared cer. simply a way, again, to mollify people in the South after the civil rights legis- This initiative would give hope to and make somebody think that, if they lation. They were the products of countless Oregonians. Like my friend vote for this bill, they are doing some- Strom Thurmond and the Dixiecrats. Linda Sindt, a close friend in southern thing that is impossible to do. But like That is when they started to bloom all Oregon, she lost her husband Duane to Alice in Wonderland, we are all trained over. It is a symbol of pure hate and re- pancreatic cancer. She said this legis- here to try to believe six impossible venge or whatever else they want to lation will put us on a path to im- things before breakfast because we are call it. It needs to go. proved survival for pancreatic cancer. confronted with them daily. The SPEAKER pro tempore. The Nancy Roach, a colon cancer advo- Another one is that they changed the time of the gentlewoman has again ex- cate in my hometown of Hood River, pay-fors, which is critically important pired. praised the bill, saying, ‘‘Investing in to everything that we do. Mr. MCGOVERN. Mr. Speaker, I yield 21st century science by boosting fund- The SPEAKER pro tempore. The the gentlewoman an additional 10 sec- ing for the NIH makes sense.’’ time of the gentlewoman has expired. onds.

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.040 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4980 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Ms. SLAUGHTER. It is the equiva- to foster better utilization of patient leap forward in our efforts to accel- lent to my having the German Govern- registries that generate important in- erate the development of lifesaving ment flying the swastika over the Bun- formation on the natural history of cures through medical research. Yet destag. diseases, especially rare diseases for somehow, between the committee and Mr. BURGESS. Mr. Speaker, at this which other types of research can be the floor, the majority once again has time, I yield 1 minute to the gentleman difficult. tacked on antiabortion Hyde amend- from Florida (Mr. BILIRAKIS), a valu- I also applaud the efforts in this bill ment language, which makes no sense able member of the Energy and Com- to advance the President’s Precision at all. merce Committee. Medicine Initiative to accelerate dis- It is like the Republicans are cheap Mr. BILIRAKIS. Mr. Speaker, I rise coveries that are tailored to individual stage magicians attracting our atten- today in support of the rule for H.R. 6, patients’ needs. tion with the promise of critically the 21st Century Cures Act. The telehealth language in 21st Cen- needed medical advances, all the while The 21st Century Cures Act is one of tury Cures recognizes telehealth is the stuffing the same old, flea-bitten Hyde the best things Congress has done in a delivery of safe, effective, quality provision rabbit into their hat. We are long time in my opinion. H.R. 6 is a ho- healthcare services by a healthcare tired of this tedious stage show. NIH is listic reform of how we can get cures provider using technology as the mode already subject to the Hyde provisions and treatments to patients who need of delivery, and the interoperability in appropriation bills. This is just a them. That is what this bill is all provision makes great strides toward way to continue politics as usual. about, patients, our constituents, Mr. ensuring that our health IT systems If H.R. 6 passes under a mantle of bi- Speaker. can communicate amongst each other partisanship, they will pull out the One provision I was particularly and with patients. rabbit, wave it around, and say, Look proud to author will establish a drug Mr. Speaker, I don’t claim that this how amazing and wonderful we are. management program which prevents bill is perfect. Compromises have been I, for one, am sick of the House being at-risk beneficiaries from abusing con- made. I am disappointed that the run like a boardwalk magic show. Add- trolled substances. This program will amount of NIH funding has been re- ing this type of language between open, help protect our seniors. It is a fix to cently reduced from $10 billion to $8.7 transparent committee consideration Medicare part D, that is a program billion. I am also disappointed that pol- and open, transparent floor consider- that is really desperately needed. This icy riders, such as the Hyde amend- ation makes a mockery of representa- commonsense measure has been rec- ment language, have been inserted tive government. Adding an anti- ommended by GAO and IG, and it is after we voted this out of committee, abortion rider to bills in the dead of also recommended by CMS. and I look forward to voting for the night through sleight of hand turns the Mr. Speaker, it is utilized by private amendment offered by my colleagues substantive bipartisan work that is industry, TRICARE, and State Med- BARBARA LEE, JAN SCHAKOWSKY, and crafted in H.R. 6 into a pathetic imita- icaid programs. This bill makes strides YVETTE CLARKE to strike the policy tion of cooperation. to prevent prescription drug abuse and riders language. With that, Mr. Speak- Since the 114th Congress began, the promote a healthier America. er, I do, however, support the 21st Cen- House has taken 37 actions to restrict I urge support for the rule and the tury Cures legislation. abortion access. While I don’t agree underlying bill as well. Mr. BURGESS. Mr. Speaker, I yield with this paranoid focus on women’s Mr. MCGOVERN. Mr. Speaker, I yield 11⁄2 minutes to the gentleman from private and legal medical decisions, it 21⁄2 minutes to the gentlewoman from Texas (Mr. MCCAUL), the chairman of is the majority’s right to set the agen- California (Ms. MATSUI), a member of the Homeland Security Committee. da; but I cannot stand by while these the Energy and Commerce Committee. Mr. MCCAUL. Mr. Speaker, I com- provisions are slipped into an other- Ms. MATSUI. Mr. Speaker, I thank mend Dr. BURGESS and Chairman wise excellent bill through under- the gentleman for yielding me time. UPTON for a bill that is truly visionary handed maneuvers that run contrary to Mr. Speaker, I rise in support of the that will actually save lives, something our democratic process. When similar rule to consider the 21st Century Cures we can rarely say we do up here in this provisions were slipped into a human Act on the floor. On the Energy and place, but I believe this will provide trafficking bill, we said no. Why aren’t Commerce Committee, we worked tire- cures for the next century. we saying no today? lessly with our colleagues on the other Mr. Speaker, there are two provisions I am a cosponsor of the original side of the aisle to get this bill to a I am very pleased to see in the bill. One version of H.R. 6, but I cannot let the place that we could all agree upon, a is the Andrea Sloan CURE Act, which people’s House become the people’s place where we provide new mandatory expands compassionate use to those House of smoke and mirrors. funding for NIH to do the critical re- who have life-threatening diseases and Mr. BURGESS. Mr. Speaker, I yield search that is a foundation for cures, a gives them greater access to lifesaving 11⁄2 minutes to the gentleman from place where we tweak FDA processes medications. Andrea is a friend of mine Tennessee (Mr. ROE), the chairman of and provide FDA with additional re- who, on her deathbed, asked me to try the House Doctors Caucus. sources to do the new things that will to make sure that this didn’t happen to Mr. ROE of Tennessee. Mr. Speaker, I help get treatments and cures to pa- other people. stand before you today someone who, tients faster. And finally, I am pleased to see the 45 years ago, graduated from medical As we worked together to find ways reauthorization of the Creating Hope school. My first pediatric rotation was to accelerate innovation, patients with Act, which has now led to the second at St. Jude Children’s Hospital. At that rare diseases have been at the forefront childhood cancer drug approved since time, a majority of all those children of our conversations. It is often more the 1980s and the first FDA-approved that I saw as a young medical student difficult to research and develop cures drug to treat high-risk neuroblastoma. died of their disease. Today, almost 90 for rare disease patients due to their Mr. Speaker, I believe that with the percent of those children live. small populations. However, finding passage of this bill we will see greater Back in the 1950s, we had a polio vac- cures for rare diseases is not just of the cures in the future, and we will not cine. It was developed with the help of utmost importance to the patients only save adults from cancers, but also government funding, and today that with those rare diseases and their fami- children from this dreaded disease in would be scored as a cost to the tax- lies, it is important to all of us. You the future. payers. Does anyone think the preven- never know where a cure might come Mr. MCGOVERN. Mr. Speaker, I yield tion of polio was a cost to the tax- from, and often research and drug de- 2 minutes to the gentlewoman from payers? It was one of the greatest mir- velopment on one disease may turn out California (Ms. SPEIER), a member of acles of the 20th century. to be fruitful for another. the Armed Services Committee. Just 4 short months ago, my wife Mr. Speaker, we all need to work to- Ms. SPEIER. Mr. Speaker, I thank died of stage 4 colon cancer. And I gether to advance cures and treat- the gentleman from Massachusetts. know right now that everyone in this ments. A provision of this bill would Mr. Speaker, coming out of com- Chamber who is listening and everyone encourage public-private partnerships mittee, H.R. 6 was a bipartisan huge who is outside watching this has had a

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.041 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4981 close family member or a friend or a maining. The gentleman from Massa- This bill is a revolutionary bill. We relative who has experienced some- chusetts has 11 minutes remaining. need to pass it, Mr. Speaker. There are thing similar. Mr. BURGESS. Mr. Speaker, I yield lots of problems. There are things that Mr. Speaker, it is time now we as a myself 30 seconds for the purpose of the are not in the bill that I wanted in the nation got serious about curing the introduction of my next speaker. bill, but this is a huge step forward. It major diseases, not treating the dis- Mr. Speaker, it is really a great rarely happens that Congress can work ease, but curing the major diseases privilege to recognize the next speaker together to do something that is to- that are affecting this country and af- on our side, the chairman emeritus of tally for the benefit of the American fecting us personally. I am more pas- the Energy and Commerce Committee. people. This is one of those times. sionate about this bill and excited In fact, the last reauthorization for the We need to vote for the rule, and about passing the 21st Century Cures National Institutes of Health occurred then we need to vote for the bill, and bill than anything I have voted on under JOE BARTON’s watch, one of the we will move forward, united, to find since I have been in the Congress. last things we did at the waning hours the cures for the 21st century for all Mr. Speaker, I strongly encourage of the 109th Congress. Americans and, really, to some extent, my colleagues to support this rule and Mr. Speaker, he did provide addi- for all the world. the underlying bill. tional funding to the NIH; he provided I thank the gentleman for the time. Mr. MCGOVERN. Mr. Speaker, I am an increase of 5 percent a year for the Mr. MCGOVERN. Mr. Speaker, I yield pleased to yield 2 minutes to the gen- lifetime of that reauthorization. Unfor- myself such time as I may consume. tunately, it was never appropriated to I am going to urge that we defeat the tlewoman from Florida (Ms. CASTOR), a previous question. If we defeat the pre- member of the Energy and Commerce that level after the Democrats took vious question, I will offer an amend- Committee. charge in the 110th Congress. I yield 3 minutes to the gentleman ment to the rule to allow for consider- Ms. CASTOR of Florida. Mr. Speaker, from Texas (Mr. BARTON), the chairman ation of Leader PELOSI’s resolution, I thank my friend, the gentleman from emeritus of the Energy and Commerce which basically says that any State Massachusetts, for yielding the time. Committee, for his observations. flag containing the Confederate battle Mr. Speaker, I rise to support the (Mr. BARTON asked and was given flag would be prohibited from the rule and in strong support of the 21st permission to revise and extend his re- House wing of the Capitol. Century Cures bill that was voted marks.) Given what the Republicans, our unanimously, in a bipartisan fashion, Mr. BARTON. Mr. Speaker, I want to leadership, tried to do on the Interior out of my Energy and Commerce Com- thank the Member from Texas for that Appropriations bill yesterday, I think mittee. generous introduction. this is especially timely. As I men- b 1445 Mr. Speaker, 4 years ago, I went to tioned earlier, while South Carolina then-Majority Leader Eric Cantor and America is the world leader in med- voted this week to take the Confed- committee chairman FRED UPTON and ical research, and we have got to work erate flag down, Republicans in Con- asked permission to create a task to keep it that way. That has been at gress appear ready to put it back up. force, a bipartisan task force—equal Mr. Speaker, I yield 2 minutes to the risk lately because of congressional numbers of Republicans and Democrats gentleman from Georgia (Mr. LEWIS), budget battles. The resources that our from the Energy and Commerce Com- the distinguished ranking member of researchers need to find the cures and mittee and the Appropriations Com- the Ways and Means Subcommittee on treatments of the future have been at mittee—to work with outside groups Oversight. risk. Our commitment to medical re- and experts to see if there were not Mr. LEWIS. Mr. Speaker, I want to search has eroded over the years, but some ideas that we could put forward thank my friend Mr. MCGOVERN for this 21st Century Cures bill would put in legislation to improve the ability to yielding. us now on a stronger path forward. find and implement cures for all the Mr. Speaker, I must tell you, my I have advocated for more NIH re- various diseases that afflict our Na- heart is heavy. I am saddened by what search dollars for many years to boost tion. has happened here in America. I our patients back home suffering from Mr. UPTON and Mr. Cantor approved thought that we have come much far- the debilitating diseases. I have offered that task force. We had a task force of ther—much farther—along. amendments in the Budget Committee 24 members. We had an outside group Growing up in rural Alabama, at- to shift money from discretionary to that included several Nobel prize win- tending school in Nashville, Tennessee, mandatory because it is mandatory in ners, leaders from Johns Hopkins and now living in Georgia, I have seen the America that we respond and we re- MD Anderson, former directors of NIH signs that said White and Colored— search the cures of tomorrow, such as and FDA. That morphed in the begin- White men, Colored men, White precision medicine like they are doing ning of this Congress to a task force women, Colored women, White waiting, at the Moffitt Cancer Center in Tampa, that DIANA DEGETTE and Chairman Colored waiting. Florida. UPTON led themselves. That has led to During the sixties, during the height Now that we have mapped the human a bipartisan bill that, as has been of the civil rights movement, we broke genome, we can find and provide pre- pointed out, came out of committee 51– those signs down. They are gone. The cise cures and treatments to our neigh- 0. only place that we will see those signs bors and family members with cancer. That is an amazingly extraordinarily today will be in a book, in a museum, I am disappointed that the amount of positive accomplishment to have total or on a video. If a descendant of Jeffer- money has been eroded. I am very dis- unanimity in support of this type of a son Davis could admit the Confederate appointed that the Hyde rider was bill. We haven’t reauthorized NIH since battle flag is a symbol of hate and divi- added at the last minute behind closed 2006, and that lapsed in 2009. This bill sion, why can’t we do it here? Why doors; it was not voted on in com- does that. We have taken every innova- can’t we move to the 21st century? mittee, but simply stated, this bill is tive idea in the medical community Racism is a disease. We must free too important not to pass it. that makes any sense at all and put it ourselves of the way of hate, the way of I would like to thank my colleague into this bill. violence, the way of division. We are Chairman UPTON and my good friend We are increasing the authorization not there yet. We have not yet created DIANA DEGETTE from Colorado for lead- for spending for NIH. We have the inno- a beloved community where we respect ing the charge. We are firmly with you, vation fund, which is a mandatory pro- the dignity and the worth of every and we are with the patients and the gram for 5 years. It puts a little under human being. researchers in America that will ben- $2 billion a year that is offset; it is paid We need to bring down the flag. The efit from this terrific piece of legisla- for; it does go away at the end of 5 scars and stains of racism are still tion. years, but for 5 years, it is specifically deeply and very embedded in every cor- Mr. BURGESS. Mr. Speaker, may I going to innovation research that is a ner of American society. I don’t want inquire to the time remaining? fast track to find the cures that are to see our little children—whether they The SPEAKER pro tempore. The gen- most applicable to the marketplace are Black, White, Latino, Asian Amer- tleman from Texas has 17 minutes re- today. ican, or Native American—growing up

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.042 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4982 CONGRESSIONAL RECORD — HOUSE July 9, 2015 and seeing these signs of division, these don’t know the difference between that we have to do more with less. signs of hate. mandatory and discretionary spending. That is what the 21st Century Cures The SPEAKER pro tempore. The To cure these diseases is a moral im- bill lays before us, and that is why this time of the gentleman has expired. perative for these families, but to cure rule is so crucial and critical today and Mr. MCGOVERN. I yield the gen- these diseases is also an economic im- why I urge its passage. tleman an additional 1 minute. perative. If we cure one of these dis- I reserve the balance of my time. Mr. LEWIS. As a Nation and as a peo- eases, our investment will pay for itself Mr. MCGOVERN. Mr. Speaker, I yield ple, we can do better. We can lay down a thousand times over. The CBO can’t 2 minutes to the gentlewoman from this heavy burden. It is too heavy to score that; the CBO can’t make any Connecticut (Ms. DELAURO), the rank- bear. Hate is too heavy a burden to recognition of that. This is a savings ing member of the Appropriations Sub- bear. We need to not continue to plant bill. committee on Labor, Health and these seeds in the minds of our people. The SPEAKER pro tempore. The Human Services, Education, and Re- When I was marching across that time of the gentleman has expired. lated Agencies. bridge in Selma in 1965, I saw some of Mr. BURGESS. I yield the gentleman Ms. DELAURO. Mr. Speaker, I rise in the law officers and sheriff deputies an additional 1 minute. opposition to this rule and the under- wearing on their helmet the Confed- Mr. YODER. I have a 20-month-old lying bill. erate flag. I don’t want to go back, and daughter, and this isn’t just about cur- The bill provides for an increase of as a country, we cannot go back. ing the disease for our generation; it is $1.75 billion per year in the budget for We must go forward and create a about curing the disease for her gen- the National Institutes of Health. I ap- community that recognizes all of us as eration and every generation to follow. plaud all efforts to increase funding for human beings, as citizens, for we are Supporting the 21st Century Cures the NIH. one people, one Nation; we all live in bill bends the cost curve on entitle- I am a survivor of ovarian cancer, the same House, the American House. ments; it saves our country from going and I am alive today because of the Mr. BURGESS. Mr. Speaker, I yield 2 into bankruptcy, and it helps us bal- grace of God and biomedical research. minutes to the gentleman from Kansas ance our budget. These investments are So I appreciate biomedical research. (Mr. YODER). not just necessary for our moral imper- Unfortunately, this increase is not Mr. YODER. Mr. Speaker, I rise ative to save lives, but they are also an nearly enough to restore the NIH’s lost today to join the chorus of Americans economic imperative. purchasing power. Since fiscal year who are calling out for support and re- All those things together means we 2010, the National Institutes of Health search and innovation to cure diseases ought to have a robust, large vote in has seen its budget erode by about $3.6 that affect every family and neighbor- this House to pass this rule and to en- billion in real terms, an 11 percent cut. hood in America. sure that the 21st Century Cures bill If we are serious about funding life-sav- The rule that we have before us goes forward. ing medical research, we must raise would allow us to debate the 21st Cen- I strongly support it, and I ask my our level of ambition. tury Cures bill forwarded by the En- colleagues to do the same. This bill also sets aside $500 million ergy and Commerce Committee on a Mr. MCGOVERN. Mr. Speaker, I yield of the increase to be spent in certain unanimous, bipartisan vote. 1 minute to the gentleman from Geor- specified areas of research. I think that What this bill would do would in- gia (Mr. JOHNSON). this is a wrong approach. crease, by over $8 billion, research over Mr. JOHNSON of Georgia. Mr. Speak- The people best placed to decide the next 5 years to be conducted by the er, the Southern strategy was and is a which scientific avenues are worth pur- National Institutes of Health. Each Republican strategy of gaining polit- suing are scientists, not politicians. We year, we spend over $700 billion on care ical support for its political candidates should not substitute our judgment for for seniors through Medicare; yet we by appealing to regional and racial ten- theirs. spend just $30 billion a year, roughly, sions in this country based on the his- I am also concerned that the bill will annually, on curing or researching the tory of slavery, the history of the Civil lower standards for medical device ap- cures for every disease that plagues our War, racism, and segregation. That is a proval at the Food and Drug Adminis- country: Alzheimer’s, Parkinson’s, can- history that is indefensible, and so is tration and create a new pathway for cer, heart disease, diabetes. the Confederate battle flag which rep- antibiotic approval that, in my view, In all those diseases combined, we resents those attitudes. involves less rigorous testing require- spend just $30 billion a year on re- I call upon my fellow colleagues in ments. Again, I think that this is a search; yet we spend trillions on health the Republican Party to denounce this wrong approach. care. We know, each year, 600,000 peo- Southern strategy once and for all and It is our duty to protect the public ple will die of cancer. We know, each to do what it takes to affirm the tide of from potentially unsafe devices and year in the United States, 700,000 peo- this country, which is to do away with drugs. We do not do that by reducing ple will die of Alzheimer’s. These are that symbol of oppression and racial standards. real people, real families that are in animist, the Confederate battle flag. Finally, the majority is yet again anguish over these and many other dis- Let’s remove that flag from our na- using this bill as a vehicle for anti- eases. tional cemeteries, from our Park Serv- choice Hyde amendment language. It is not just a moral issue; it is an ice, places of purchasing memorabilia. Since January, the majority and its economic issue. By 2050, estimates are counterpart in the other Chamber have that our country will spend $1.1 trillion b 1500 sought to restrict access to abortion no annually to treat health care for people Mr. BURGESS. Mr. Speaker, I yield fewer than 37 times. with Alzheimer’s alone, over $1 trillion myself 1 minute. The bottom line on this issue is that annually; yet we spend just $562 mil- We do have before us today a unique we need to trust women and that we lion a year researching a cure for Alz- opportunity. We have an opportunity need to trust the choices they make. heimer’s, a true definition of penny to lay the groundwork for the future. We have to trust women. Politicians wise and pound foolish. We have the way to lead in the 21st have no business meddling in those de- This 21st Century Cures bill increases century in providing 21st century cisions. our commitment to curing disease, as I cures. For these reasons, I believe that we said, by over $8 billion over the next 5 To be sure, we are providing addi- should reject this bill, and I urge a years. tional funding to the National Insti- ‘‘no’’ vote. Each of us has a family member or a tutes of Health and we are providing Mr. BURGESS. Mr. Speaker, I yield friend with a tragic story about one of additional funding to the Food and myself 1 minute. these diseases. These diseases know no Drug Administration, but we are also I would point out that once again re- party affiliation; they don’t know cen- placing requirements upon those insti- authorization of the National Insti- ter of aisle versus the left or right side tutions. tutes of Health occurred in this Con- of the aisle. They know no State; they We all know we have to do things gress in the waning days of the 109th have no regional boundaries. They faster, better, cheaper, smarter and Congress in December of 2006.

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.044 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4983 Mr. BARTON reauthorized the NIH at Members to support both the rule and that that is what the Confederate flag a $31 million base to increase by 5 per- the underlying bill. ultimately stands for. cent per year. We were told at the time I reserve the balance of my time. It doesn’t have anything to do with that that was not enough and, with Mr. MCGOVERN. Mr. Speaker, I yield the Civil War and with the battle, like biomedical inflation at 8.8 percent a 1 minute to the gentlewoman from Mr. CLYBURN had pointed out earlier, year, that it was, in fact, a cut. Texas (Ms. JACKSON LEE). because that was a completely dif- Mr. Speaker, in fact, what happened Ms. JACKSON LEE. I thank the gen- ferent flag. It has to do with segrega- was then, of course, the Democrats tleman from the great State of Massa- tion and keeping us in the past. took control of the House and the Sen- chusetts for yielding. We need to be able to move past it, ate the following year, and they never Mr. Speaker, this is an emotional Mr. Speaker. I would ask that my Re- appropriated the NIH to that 5 percent time for many of us. This is an impor- publican colleagues do the right thing figure. tant bill. But we have just gone and join us in moving forward and in Now, this is not about Republicans through an emotional time on this letting the past be the past. and Democrats. This is about finding floor, again, raising up the ugliness of Mr. BURGESS. Mr. Speaker, I yield 3 cures for the 21st century. The gentle- the rebel flag. minutes to the gentleman from Michi- woman is correct in that we do direct I stand again to try and educate both gan (Mr. UPTON), the chairman of the some of the research dollars within the the public and our colleagues about the Energy and Commerce Committee and NIH. damage that this flag has done to so the author of the Cures legislation. You will recall, when the stimulus many, for under that flag many were Mr. UPTON. Mr. Speaker, as we all bill passed in 2009, $10 billion went into killed in the name of slavery. know, we launched this bipartisan ef- the NIH right then to be spent that Interestingly, this is the 150th year fort about a year and a half ago, and year. of the elimination of slavery. I think with tomorrow’s House vote, we mark We ended up filling up and filing pa- about health care, and I spoke last a very important milestone in our perwork from leftover projects, but we evening about lupus, sickle cell ane- quest for 21st century cures, one step got very few deliverables out of that. mia, and triple-negative breast cancer closer to the finish line. There have been so many individuals This directs that research into high- all falling discriminantly on minority throughout our 18-month journey who risk, high-reward areas. We need the populations. In life, there are still have helped us get to where we are deliverables from the NIH. issues that face you because you are I reserve the balance of my time. today: patients across the country, ad- different. Mr. MCGOVERN. Mr. Speaker, I yield vocates, researchers, innovators, ex- I call upon this House to recognize 1 minute to the gentlewoman from Col- perts, academics, regulators, some of that, although we have many issues to orado (Ms. DEGETTE), the ranking the Nation’s brightest minds, even debate, when you pierce the heart of member of the Energy and Commerce Nobel Prize winners. To all, we say someone because you believe he is infe- Subcommittee on Oversight and Inves- thank you. rior or different—when you want to tigations. Thank you, too, to the hard-working coddle and protect the rebel flag—I Ms. DEGETTE. Mr. Speaker, I rise staff, again, on both sides of the aisle, hope we will get to the point between today to give my thanks to FRED who took the meetings, who did the re- now and next week, as I introduce H. UPTON for recruiting me to help co- search, who drafted the language, and sponsor this bill with him, and I give Res. 342 as a privileged resolution to who sat at the negotiating table for my thanks to all of our colleagues on ban all signs of hate, that we will rise countless hours to help us develop this both sides of the aisle for working to- to be unified together and stand under incredible product: Gary, Joan, Alexa, gether on finding cures from the lab the American flag. Clay, Paul, Josh, Robert, John, Carly, into the clinics for so many diseases Mr. BURGESS. Mr. Speaker, may I Katie, Adrianna, Graham, Sean, Noelle, that we don’t have any treatments for inquire as to the time remaining? Macey, Mark, Tom, Bits, Marty, Tim, right now. This really is an extraor- The SPEAKER pro tempore (Mr. Jeff, and Tiffany. WOMACK). The gentleman from Texas And to the Democratic staff, the staff dinary effort that we have made, and it 1 really is Congress at its best. has 8 ⁄2 minutes remaining, and the of our Members, thank you all. I do want to mention that I was dis- gentleman from Massachusetts has 2 Thanks to the House legislative appointed when, after the bill passed in minutes remaining. counsel and the CBO for your efforts the Energy and Commerce Committee Mr. BURGESS. Mr. Speaker, may I and dedication in working through 51–0, that in the manager’s amendment ask of the gentleman from Massachu- many, many weekends. the annual riders from the Labor-HHS setts if he has additional speakers? Thank you to the Members of both bill were put into the bill. I think it is Mr. MCGOVERN. Just I. parties, who really did bring their best unnecessary, and I think that it dis- Mr. BURGESS. Mr. Speaker, I re- ideas, who partnered with one another tracts our attention from the impor- serve the balance of my time. to make their cases, and who delivered tant mission this bill brings. Mr. MCGOVERN. Mr. Speaker, I yield so many of the policies that we wel- I will be voting for the Lee amend- 30 seconds to the gentleman from come today because we listened. ment, but I would urge all of our col- Texas (Mr. VEASEY). I also want to thank Chairman HAL leagues, no matter how you vote on the Mr. BURGESS. I yield 1 minute to ROGERS and his staff. The Appropria- amendments that are made in order in the gentleman from Texas (Mr. tions Committee has been a critical these rules, to please vote ‘‘yes’’ for VEASEY). partner in this effort for the last num- the patients of America. Mr. VEASEY. Mr. Speaker, I just ber of months, working with us and de- Mr. BURGESS. Mr. Speaker, I yield wanted to speak about the importance veloping the right approach to achieve myself 1 minute. of our acting now to do the right thing our shared goal of helping patients in a This past weekend, in an op-ed piece in regard to the Confederate flag. fiscally responsible way. that was published online, Mr. James Many of you may not know, but this I especially want to highlight my Pinkerton wrote: year marks 100 years of the viewing partner, DIANA DEGETTE, in her effort As Abraham Lincoln said a century and a and the premiere of the film that really from day one. She came to my district half ago, the Federal Government should sparked the re-emergence of the Con- in Michigan, and I have traveled to only be doing things that people can’t do for federate flag, ‘‘The Birth of a Nation.’’ Colorado. We have been on a number of themselves. We know that film was bigger than road trips for Cures across the country, Medical cures are a great example of ‘‘Star Wars’’ and ‘‘Jaws’’ and any and I look forward to the next journey something people can’t do for them- major blockbuster motion picture. down Pennsylvania Avenue. selves at home. That is what we are That is what ‘‘The Birth of a Nation’’ I also want to thank Chairman PITTS, about this afternoon, providing the was. It revived the Confederate flag. It Mr. PALLONE, and Mr. GREEN for their rule to allow for the consideration for made the Confederate flag the symbol really strong partnership. We have the cure of the 21st century. of hate that it is today. It actually made great strides, but our work con- It is an important rule, and the un- helped the re-emergence of the second tinues, and we are not going to stop derlying bill is important. I urge all Ku Klux Klan in this country. We know until the ink is dry.

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.045 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4984 CONGRESSIONAL RECORD — HOUSE July 9, 2015 I thank Chairman PETE SESSIONS, Dr. in awhile we ought to come together in from Delight, Arkansas, a gentleman of BURGESS, and members of the Rules this Chamber and do the right thing. our generation who was so important Committee for making sure that this The Confederate flag is a symbol of to so many of us as we were growing legislation has gotten to the floor in a hate; it is a symbol of division; it is a up, and he shared with us there on the timely fashion. symbol of so many things that we all stage his story and his daughter’s I also want to give a hearty thanks abhor. The time has come to follow story. You can see his daughter Ashley to a young boy named Max, the 6-year- some of the other States in this coun- looking at her dad. If we could preserve old ambassador for Cures. Yes, al- try and here in Congress do something her ability to smile at her dad for a lit- though he is faced with the challenges the American people can be proud of. tle longer, wouldn’t that be worth of Noonan syndrome, he has been a lit- I urge my colleagues to vote ‘‘no’’ some of the fighting that we do here? tle warrior in that effort. and defeat the previous question. Vote This bill is offset. This bill is paid He joined us when we had a 51–0 vote ‘‘no’’ on the rule because it is restric- for. back on May 21 in the committee, and tive. Mr. Speaker, today’s rule provides I am delighted that Max will be by our I yield back the balance of my time. for consideration of this critical bill, a side tomorrow on the House floor for Mr. BURGESS. Mr. Speaker, I yield bill that will transform and advance its final passage. myself the balance of my time to close. the discovery, development, and deliv- Mr. Speaker, this is a momentous bill Helping Max and others like him is ery of treatments and cures. that will be before us today. This is why we are here, and helping my I applaud all Members who have analogous to the time back in the 1970s friends Brooke and Brielle, which will worked on this thoughtful piece of leg- when the National Cancer Institute be part of my general debate discus- islation, along with Energy and Com- was authorized by Congress in the sion, is why we are here. merce staff on both sides of the aisle. Nixon administration. This is an oppor- With a resounding vote tomorrow, we All members of the Committee on En- tunity to take that leap forward and will send a signal to the Senate loud ergy and Commerce were asked to perhaps deliver some of those cures and clear that the time for Cures 2015 bring their ideas to the table, and we that so many of our constituents have is now. worked to include as many as we pos- waited for for so long. I look forward to working with my sibly could. Mr. Speaker, we all value institu- I want to express my sincere thanks Senate counterparts on both sides of tions and institutional knowledge and the aisle to continue the momentum of to all the great attorneys at the Legis- institutional learning, but, Mr. Speak- lative Counsel who worked around the getting this bill to the President’s er, we also acknowledge that there are clock to deliver us the legislative lan- desk. We have a chance to do sometimes when we have got to be disrup- guage. I want to thank Chairman thing big, and this is our time. tive. There are times that you have to UPTON, Representative DEGETTE, as b 1515 forget the past and move into the fu- well as Chairman PITTS and Ranking ture, and this is one of those times. We Mr. MCGOVERN. Mr. Speaker, I yield Members PALLONE and GREEN for their are all familiar with the fact that, myself the balance of my time to close. leadership throughout. yeah, the neighborhood bookstore may Mr. Speaker, the 21st Century Cures I want to thank all of the staff who be gone, but we can order stuff online bill is a good bill. I want to thank Mr. have worked so hard over the past from Amazon. UPTON and Ms. DEGETTE for working in Disruptive technology is as impor- year; really, literally, all hands were a bipartisan way to come up with this tant in medicine as it is anywhere else. on deck. There is not one staffer of the product. It invests in NIH. It invests in This bill is paid for. This bill is offset. Subcommittee on Health of the Com- lifesaving medical research. It makes It sunsets in 5 years’ time. But, as I mittee on Energy and Commerce that it more possible that we will find cures was reminded by my colleague, the does not have their fingerprints all to diseases like cancers and Alz- over this bill. I certainly want to gentleman from Maryland, Dr. ANDY heimer’s and Parkinson’s, diabetes, thank J.P. Paluskiewicz, Danielle HARRIS, a few days ago, while this bill HIV, and so many other terrible dis- is offset, while we are paying as we go Steele, and Lauren Fleming from my eases that afflict so many of our fellow for the increases for the National Insti- office, who have put in that additional citizens. tutes of Health and the FDA, what if— effort to help deliver this product. This is important stuff. Who knows, what if—one of those moonshots suc- Mr. Speaker, this is an important maybe we will even find a cure to the ceeds? piece of legislation in front of us today. disease that resulted in so many in this In May of 2012, Glen Campbell came We do, unfortunately, have a lot of dis- House voting for the destructive se- and played a concert at the Library of tractions, but let us not be distracted questration initiative that, by the way, Congress. This is him and his daughter from providing the tools for the next cut medical research and put off the Ashley. They were on the stage. Glen generation of doctors, a generation day of some of these lifesaving cures. Campbell went public with the knowl- that will have more ability to alleviate We need to do better than this, but this edge that he has Alzheimer’s disease. human suffering than any generation is an important start, an important He struggled at several points during of doctors has ever known because of step in the right direction, and I hope that concert. It was, in fact, amazing our actions here on the floor of the that my colleagues in a bipartisan way to watch him play his instrument. At House today. will support it. times he couldn’t remember the words The material previously referred to Secondly, as I mentioned before, I to the song, and Ashley would help by Mr. MCGOVERN is as follows: want to urge my colleagues to vote him. AN AMENDMENT TO H. RES. 350 OFFERED BY against the previous question. This is a shot where they did ‘‘Duel- MR. MCGOVERN OF MASSACHUSETTS I ask unanimous consent to insert ing Banjos’’—very, very accomplished At the end of the resolution, add the fol- the text of the amendment I would and skilled instrumental work that lowing new sections: offer in the RECORD if we defeat the they both did on their instruments SEC. 2. Immediately upon adoption of this previous question, Mr. Speaker. that they were playing. What if? What resolution, it shall be in order to consider in the House the resolution (H. Res. 355) raising The SPEAKER pro tempore. Is there if we were to deliver that moonshot a question of the privileges of the House if objection to the request of the gen- and provide that cure that would have called up by Representative Pelosi of Cali- tleman from Massachusetts? prevented Glen Campbell from falling fornia or her designee. All points of order There was no objection. into the recesses of Alzheimer’s illness? against the resolution and against its consid- Mr. MCGOVERN. If we defeat the pre- What if that cure were within our eration are waived. The previous question vious question, we will bring up again grasp? What is worse is what if that shall be considered as ordered on the resolu- the Pelosi resolution that my col- cure is on a shelf or in a test tube tion and preamble to adoption without inter- leagues on the other side of the aisle somewhere and we just haven’t quite vening motion except one hour of debate equally divided and controlled by the pro- chose not to debate. The reason why gotten around to its evaluation? This ponent and the Majority Leader or his des- this is important, the reason why we is important stuff. ignee. should do this is very simple: because Glen Campbell narrated the sound- SEC. 3. Clause 1(c) of rule XIX shall not it is the right thing to do. Every once track of my life as I was growing up, apply to the consideration of H. Res. 355.

VerDate Sep 11 2014 01:33 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.046 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4985 THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The H.R. 2647, the Resilient Federal Forests IT REALLY MEANS question is on ordering the previous Act of 2015. This vote, the vote on whether to order the question on the resolution. Since the inception of the National previous question on a special rule, is not The question was taken; and the Forest System in 1905, the fundamental merely a procedural vote. A vote against or- Speaker pro tempore announced that mission of the Forest Service has been dering the previous question is a vote the ayes appeared to have it. to manage our Federal forests and against the Republican majority agenda and Mr. MCGOVERN. Mr. Speaker, on grasslands to meet the needs of present a vote to allow the Democratic minority to offer an alternative plan. It is a vote about that I demand the yeas and nays. and future generations. As a result, the what the House should be debating. The yeas and nays were ordered. Forest Service has played a critical Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- role in rural America, partnering to House of Representatives (VI, 308–311), de- ant to clause 8 of rule XX, further pro- produce timber, natural resources, and scribes the vote on the previous question on ceedings on this question will be post- jobs, while sustaining the ecological the rule as ‘‘a motion to direct or control the poned. health of the forests and surrounding consideration of the subject before the House f watersheds. being made by the Member in charge.’’ To RESILIENT FEDERAL FORESTS National forests have been extremely defeat the previous question is to give the successful in creating recreational and opposition a chance to decide the subject be- ACT OF 2015 fore the House. Cannon cites the Speaker’s educational opportunities for millions GENERAL LEAVE ruling of January 13, 1920, to the effect that of Americans. However, our forests are ‘‘the refusal of the House to sustain the de- Mr. THOMPSON of Pennsylvania. facing declining health and simply are mand for the previous question passes the Mr. Speaker, I ask unanimous consent not managed as well as they need to be control of the resolution to the opposition’’ that all Members have 5 legislative due to numerous challenges that have in order to offer an amendment. On March days within which to revise and extend grown over the past few decades. 15, 1909, a member of the majority party of- their remarks and include extraneous Often unnecessary and prolonged fered a rule resolution. The House defeated materials on the bill, H.R. 2647. planning processes limit the Service the previous question and a member of the The SPEAKER pro tempore. Is there from effectively managing our forests. opposition rose to a parliamentary inquiry, objection to the request of the gen- asking who was entitled to recognition. This also goes along with the constant tleman from Pennsylvania? litigation, or even the threat of litiga- Speaker Joseph G. Cannon (R-Illinois) said: There was no objection. ‘‘The previous question having been refused, tion in some cases. Both of these situa- The SPEAKER pro tempore. Pursu- the gentleman from New York, Mr. Fitz- tions keep boots in the office instead of gerald, who had asked the gentleman to ant to House Resolution 347 and rule in the forests and spend money on yield to him for an amendment, is entitled to XVIII, the Chair declares the House in doing paperwork instead of work in the the first recognition.’’ the Committee of the Whole House on field. The Republican majority may say ‘‘the the state of the Union for the consider- The costs of suppressing and fighting vote on the previous question is simply a ation of the bill, H.R. 2647. wildfires has been a growing challenge vote on whether to proceed to an immediate The Chair appoints the gentleman vote on adopting the resolution . . . [and] for the Forest Service, with their fire from North Carolina (Mr. HOLDING) to costs increasing from 13 percent of the has no substantive legislative or policy im- preside over the Committee of the plications whatsoever.’’ But that is not what Forest Service budget in 1995 to ap- they have always said. Listen to the Repub- Whole. proximately half of the annual budget lican Leadership Manual on the Legislative b 1524 today. This epidemic of declining Process in the United States House of Rep- IN THE COMMITTEE OF THE WHOLE health and catastrophic wildfires are in resentatives, (6th edition, page 135). Here’s direct correlation to policies that have how the Republicans describe the previous Accordingly, the House resolved question vote in their own manual: ‘‘Al- itself into the Committee of the Whole led to a dramatic decrease in managed though it is generally not possible to amend House on the state of the Union for the acres. Timber harvests have drastically the rule because the majority Member con- consideration of the bill (H.R. 2647) to plummeted from almost 13 billion trolling the time will not yield for the pur- expedite under the National Environ- board feet in the late 1980s to only 3 pose of offering an amendment, the same re- mental Policy Act and improve forest billion board feet of timber in recent sult may be achieved by voting down the pre- management activities in units of the years. At the same time, the number of vious question on the rule. . . . When the National Forest System derived from acres affected by the catastrophic motion for the previous question is defeated, wildfires has doubled from around 3 control of the time passes to the Member the public domain, on public lands who led the opposition to ordering the pre- under the jurisdiction of the Bureau of million acres during the second record vious question. That Member, because he Land Management, and on tribal lands timber harvest to 6 million acres now. then controls the time, may offer an amend- to return resilience to overgrown, fire- This bill reverses this cycle by end- ment to the rule, or yield for the purpose of prone forested lands, and for other pur- ing the destructive fire borrowing prob- amendment.’’ poses, with Mr. HOLDING in the chair. lem that robs Peter to pay Paul, and it In Deschler’s Procedure in the U.S. House The Clerk read the title of the bill. does so in a fiscally responsible man- of Representatives, the subchapter titled The CHAIR. Pursuant to the rule, the ner, with the funds only made available ‘‘Amending Special Rules’’ states: ‘‘a refusal bill is considered read the first time. for wildfire suppression. In my view, to order the previous question on such a rule this legislation is the next step to build [a special rule reported from the Committee General debate shall not exceed 1 on Rules] opens the resolution to amend- hour equally divided among and con- upon the groundwork laid by the 2014 ment and further debate.’’ (Chapter 21, sec- trolled by the chair and ranking minor- farm bill and is an earnest attempt to tion 21.2) Section 21.3 continues: ‘‘Upon re- ity member of the Committee on Agri- give the Forest Service more authority jection of the motion for the previous ques- culture and the chair and ranking mi- and much-needed flexibility to deal tion on a resolution reported from the Com- nority member of the Committee on with these challenges of process, fund- mittee on Rules, control shifts to the Mem- Natural Resources. ing, litigation, necessary timber har- ber leading the opposition to the previous The gentleman from Pennsylvania vesting, and much-needed manage- question, who may offer a proper amendment (Mr. THOMPSON), the gentleman from ment. or motion and who controls the time for de- H.R. 2647 incentivizes and rewards bate thereon.’’ Minnesota (Mr. PETERSON), the gen- Clearly, the vote on the previous question tleman from Utah (Mr. BISHOP), and collaborations with the private sector on a rule does have substantive policy impli- the gentlewoman from Massachusetts on management activities. It allows for cations. It is one of the only available tools (Ms. TSONGAS) each will control 15 min- State and third-party funding of for those who oppose the Republican major- utes. projects. The bill reauthorizes the re- ity’s agenda and allows those with alter- The Chair recognizes the gentleman source advisory committees, known as native views the opportunity to offer an al- from Pennsylvania (Mr. THOMPSON). RACs, while returning county shares of ternative plan. Mr. THOMPSON of Pennsylvania. forest receipts for long-term steward- Mr. BURGESS. Mr. Speaker, I yield Mr. Chairman, I yield myself such time ship projects. back the balance of my time, and I as I may consume. Perhaps most importantly, the bill move the previous question on the res- Mr. Chairman, I rise today in strong provides commonsense categorical ex- olution. support and as an original cosponsor of clusions, or CEs, for certain Forest

VerDate Sep 11 2014 03:11 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.010 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4986 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Service projects. These CEs are routine This bill will allow critical forest catastrophic fire. Even worse, by con- and have known impacts and will expe- health projects to move forward by servative estimates, over 56 billion dite the planning process to get streamlining regulations, will give par- board feet of timber have simply projects up and running. ishes and counties greater flexibility in burned away in wildfires on Forest To conclude, this is a thoughtful how they use forestry revenues, and Service lands over the last 10 years. piece of legislation that will do much will ensure Federal agencies have in- Over the past 10 years, over a billion to help the Forest Service to better do creased access to fund in order to fight dollars of timber rotted on the stump its job. I urge my colleagues to vote and prevent wildfires. instead of being sold. Those revenues ‘‘yes.’’ These reforms will put more Ameri- aren’t available to the U.S. Treasury. I reserve the balance of my time. cans to work through increased man- The Forest Service couldn’t use the Mr. PETERSON. Mr. Chair, I yield agement activities and timber produc- funds to buy seedlings to replant our myself such time as I may consume. tion. It will give money back to our devastated national forests. We are lit- I rise in support of H.R. 2647, the Re- local community for infrastructure and erally allowing jobs for American fami- silient Federal Forests Act of 2015. This education and will make our forested lies to burn away in our poorly man- is a bipartisan piece of legislation that communities safer by reducing their aged Federal lands. Nothing about the will address some of the burdensome vulnerability to wildfires. current process is working. regulations that have arisen from legal In my home State of Louisiana, the H.R. 2647 takes some very simple challenges and help get our forests ac- Kisatchie National Forest covers steps to allow our forests to become tively managed the way we need. 604,000 acres, with 382,500 of those acres healthier and better managed for the For some time now we have been con- in my district alone. In all, forestry future. This bill would streamline tim- cerned about efforts undertaken by ex- and the forest products industries ac- ber harvesting on Federal forests in extreme environmental groups to twist counts for well over 18,000 jobs and over isting land use plans, while reducing laws to their liking. The so-called sue $1 billion of income in my district. the threat of frivolous lawsuits related and settle strategy has led to policy The people of Louisiana know how to forest management. changes decided by activists and bu- valuable well-managed forests are to The Acting CHAIR (Mr. WOMACK). reaucrats. These policy changes often the health of our State and our econ- The time of the gentleman has expired. ignore congressional intent and fail to omy. I would imagine forested commu- Mr. THOMPSON of Pennsylvania. I take into account constituent input nities throughout the country know yield the gentleman an additional 1 and real facts on the ground. Addition- this as well. minute. ally, this means a less transparent and It is time we start being proactive in- Mr. BENISHEK. In addition, this leg- less accountable regulatory process. stead of reactive when it comes to islation would allow States and Fed- H.R. 2647 will simplify forest manage- managing our national forests. The Re- eral forests to react faster to cata- ment activities, thereby reducing some silient Federal Forests Act will put us strophic wildfire events, thereby reduc- of this bad behavior. back on track to realize the full poten- ing the future risk to public lands. The bill also includes an important tial of our forest resources. Finally, this legislation includes a budgetary fix to help address the rising I urge my colleagues to support this number of collaborative processes for cost of wildfires. Just this year, the bill. tribal, State, and private contracting, wildfires have burned hundreds of thou- Mr. PETERSON. I reserve the bal- which will lead to healthier and better sands of acres and caused millions of ance of my time. managed forests. dollars of damage. Mr. THOMPSON of Pennsylvania. I understand that many of my friends b 1530 Mr. Chairman, I am pleased to yield 2 here today may live in areas with a few H.R. 2647 will allow access for our minutes to the gentleman from Michi- forests or low risk of wildfire. I ask all land management agencies to the re- gan (Mr. BENISHEK), a member of the my colleagues here today, especially sources they need to fight wildfires Conservation and Forestry Sub- those not in heavily forested areas, to without having to rob their other ac- committee. listen to your friends from forested dis- counts. The current practice of fire Mr. BENISHEK. Mr. Chairman, I rise tricts. borrowing leads to taking away re- today in support of H.R. 2647, the Resil- Support this bipartisan, common- sources from productively managing ient Federal Forests Act of 2015. sense legislation and help improve the our forests to keep them healthy and I represent northern Michigan, which health of our forests. less prone to fire. This bill would end has over 20 million acres of Federal, The Acting CHAIR. The Committee this practice and ensure that agencies State, and private forest land. Our for- will rise informally. have access to the needed resources to ests are a vital part of the economy in The Speaker pro tempore (Mr. DUN- fight wildfire disasters all year. northern Michigan that generate over CAN of Tennessee) assumed the chair. Again, this is much-needed, bipar- $16.3 billion per year and creates more f than 77,000 jobs. In addition to forestry, tisan legislation that addresses many MESSAGE FROM THE SENATE of the issues currently impacting forest the outdoor recreation industry also management. I urge my colleagues to contributes $18 billion to Michigan’s A message from the Senate by Ms. support H.R. 2647, and I reserve the bal- economy and over 190,000 jobs to our Curtis, one of its clerks, announced ance of my time. State. that the Senate insists upon its amend- Mr. THOMPSON of Pennsylvania. Healthy forests are vital to our way ment to the bill (H.R. 1735) ‘‘An Act to Mr. Chairman, I yield 2 minutes to the of life in northern Michigan. Like most authorize appropriations for fiscal year gentleman from Louisiana (Mr. ABRA- in my district, I grew up exploring 2016 for military activities of the De- HAM). these forests, hunting, fishing, partment of Defense, for military con- Mr. ABRAHAM. Mr. Chairman, I snowmobiling. It is a way of life for so struction, and for defense activities of want to thank my colleague from Ar- many, not only for those who live up the Department of Energy, to prescribe kansas (Mr. WESTERMAN) for intro- north, but for the millions who visit military personnel strengths for such ducing this bill and recognize the hard the forests every year from all around fiscal year, and for other purposes,’’ work done by the Agriculture and Nat- the country. agrees to a conference requested by the ural Resources Committees to bring Sadly, many of our Federal forests House on the disagreeing votes of the this important bill to the floor. are in a state of disrepair these days; two Houses thereon, and appoints the For too long, failure to properly they are overgrown, and especially in following Members to be the conferees manage our national forests had led to the Western United States, they are on the part of the Senate: Mr. MCCAIN, increased tree mortality from consumed by wildfire. Mr. INHOFE, Mr. SESSIONS, Mr. WICKER, wildfires, droughts, insects, and dis- The Forest Service, which is en- Ms. AYOTTE, Mrs. FISCHER, Mr. COTTON, ease. The Resilient Federal Forests Act trusted with managing 10 percent of Mr. ROUNDS, Mr. GRAHAM, Mr. REED gives the Forest Service and the Bu- the continental United States land (RI), Mr. NELSON, Mr. MANCHIN, Mrs. reau of Land Management the tools base, has identified approximately 58 GILLIBRAND, Mr. DONNELLY, Ms. needed to reverse this trend. million acres as being at high risk for HIRONO, and Mr. KAINE.

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.049 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4987 The SPEAKER pro tempore. The Title IX authorizes the President to ing in the wildfire suppression operations ac- Committee will resume its sitting. declare a major disaster for wildfires count of that specific federal land management agency. Each Secretary will make a re- f on Federal lands and provide assistance to the Departments of the Interior and quest for the resources required by that par- RESILIENT FEDERAL FORESTS ticular department. Agriculture for extraordinary wildfire ACT OF 2015 Assistance Available for a Major Disaster suppression costs in excess of the 10- for Wildfire on Federal Land: The only as- The Committee resumed its sitting. year average. These provisions protect sistance available for a declaration of a Mr. PETERSON. Mr. Chairman, I re- FEMA’s Disaster Relief Fund and pre- major disaster for wildfife on federal land is serve the balance of my time. serve FEMA’s wildfire assistance that the transfer of available funds from a new Mr. THOMPSON of Pennsylvania. is currently available to State, local, account established for these purposes to the Mr. Chairman, I yield 2 minutes to the requesting Secretary in the amount re- and tribal governments through the quested. gentleman from Florida (Mr. YOHO). Stafford Act. The Committee intends for the funds ap- Mr. YOHO. I want to thank the chair- Because this provision was not in- propriated into the new account established men—Mr. CONAWAY, Mr. THOMPSON, cluded in the reported bill, a legislative by the President for major disaster for wild- and Mr. BISHOP—for their leadership on history document has been developed fire on federal land assistance will be des- this issue. to articulate the congressional intent ignated by Congress as being for disaster re- I stand here today in support of cre- for title IX, as well as how it is ex- lief pursuant to section 251(b)(2)(D) of the ating more jobs and improving the Balanced Budget and Emergency Deficit pected to be implemented. Control Act of 1985. health of our Nation’s forests through Mr. Chairman, I will insert this legis- The declaration and assistance available sustainable forest management. lative history document into the for a major disaster for wildfire on federal H.R. 2647, the Resilient Federal For- RECORD. lands are based on the existing major dis- ests Act of 2015, is a bipartisan bill that (Chairman Bill Shuster, Committee on aster declaration process delegated by the will address the growing economic and Transportation and Infrastructure, July 9, President to be administered by the FEMA environmental threats to the cata- 2015) Administrator. The Committee expects the strophic wildfires. This piece of legisla- process for a major disaster for wildfire on H.R. 2647: RESILIENT FEDERAL FORESTS ACT federal land will be managed in a similar tion is hugely important for my dis- OF 2015, TITLE IX—MAJOR DISASTER FOR manner through a delegation of the Presi- trict and the entire southeastern re- WILDFIRE ON FEDERAL LAND dent’s authority to the FEMA Adminis- gion of the United States. LEGISLATIVE HISTORY trator. Further, the Committee expects that Florida is home to a multitude of na- Definition of ‘‘Major Disaster’’: By bifur- the account established by the President for tional forests, including the Apalachi- cating the definition of ‘‘Major Disaster’’ in a major disaster for wildfire on federal land cola, Osceola, and Ocala, which span the Stafford Act, the Committee preserves will be a dedicated sub-account of FEMA’s more than 1.2 million acres in north the existing definition, and the programs Disaster Relief Fund. However, pursuant to central Florida. These forests supply that flow therefrom, and adds an additional the legislative language, none of these funds can be comingled or transferred between over 10,000 acres per year for timber definition for ‘‘Major Disaster for Wildfire on Federal Land,’’ for which a separate and dis- these accounts. production, creating jobs, lumber prod- tinct declaration, process and assistance Once assistance is transferred to the De- ucts, pellet mills for green energy, and have been established pursuant to the new partment of the Interior or the Department paper products. Title VIII of the Stafford Act. ‘‘Major Dis- of Agriculture, it is not required that the as- This land also allows for recreational aster for Wildfire on Federal Land’’ meets sistance be used only for those wildfires activities like equestrian and motor- the definition ‘‘disaster relief’’ pursuant to identified in the request. The assistance may be used for wildfires that begin after the dec- cycle trails and hunting and fishing. In section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. laration or were not identified in the re- addition, they produce roughly 600 bil- quest. Funds transferred may be used for all lion gallons of fresh water, and that is Request for Declaration of a Major Dis- aster for Wildfire on Federal Land: There are wildfire suppression operations eligible ac- all in my home State. four distinct requirements that must be met tivities. The Committee anticipates these Due to a lack of proper forest man- before the President may issue a declaration will be no year funds, available until ex- agement, the risk of catastrophic for a major disaster for wildfire on federal hausted. It is entirely foreseeable that a wildfire wildfires has increased dramatically. land. (1) Each request must be made in writing that begins on or severely impacts federal These emergencies draw critical fund- lands requiring assistance under Title VIII of by the Secretary making the request on being away from the Bureau of Land the Stafford Act could continue to grow, im- half of that Department. Management accounts intended to pre- pacting state, local, tribal governments and (2) The requesting Secretary must certify certain non-profit properties and infrastruc- vent wildfires, thus creating a chronic that in that current fiscal year, the Depart- ture. The provision of assistance under Title problem that is only getting worse. ment’s wildfire suppression operations ac- VIII of the Stafford Act in no way impacts This bills ends that inefficiency by count received no less than an amount equal the ability of state, local and tribal govern- allowing FEMA to transfer funds to the to the 10-year average. This amount cannot ments and certain non-profits to apply for Forest Service when these disasters include any carry over from previous years assistance under FEMA’s other disaster pro- and must include any rescissions or reduc- occur, ensuring activities like pre- grams, if eligible, including the Fire Man- tions. Also, future 10-year averages must scribed burns and other management agement Assistance Grant Program, an take into account the total amount expended techniques are adequately funded. emergency declaration, or a traditional on wildfire suppression, including appropria- This bill improves management prac- major disaster declaration. tions and assistance provided under Title tices, helps prevent wildfires, and Prohibition on Transfers: No longer can VIII of the Stafford Act. the Department of the Interior and the De- should be supported by every Member (3) The requesting Secretary must certify partment of Agriculture borrow from non- in this Chamber. that all funds available for wildfire suppres- fire suppression accounts to fund the ex- ON sion operations will be obligated within 30 Again, I commend Chairmen C - traordinary needs of wildfire suppression op- days and there are wildfires on federal lands AWAY, THOMPSON, and BISHOP. erations. Mr. PETERSON. Mr. Chairman, I re- continuing to burn that will require firefighting beyond the resources currently SECTION-BY-SECTION serve the balance of my time. Section 901. Wildfire on Federal Lands: Mr. THOMPSON of Pennsylvania. available. (4) The requesting Secretary must request This section defines a major disaster for Mr. Chairman, I yield 2 minutes to the a specific amount which is the estimate of wildfire on federal lands. gentleman from Pennsylvania (Mr. funds needed to address the current wildfires Section 902. Declaration of a Major Dis- BARLETTA), chairman of the Transpor- on federal lands. aster for Wildfire on Federal Lands: This sec- tation and Infrastructure Sub- The Committee does not intend for the re- tion establishes the procedure for requesting committee on Economic Development, spective Secretary to have to make a request a declaration of a major disaster for wildfire on federal lands and provides for assistance. Public Buildings, and Emergency Man- for each fire they anticipate will exceed the wildfire suppression operations appropria- Section 903. Prohibition on Transfers: This agement. section prohibits the transfer of funds be- Mr. BARLETTA. Mr. Chairman, first, tions. As the definition for ‘‘Major Disaster for Wildfire on Federal Lands’’ includes tween wildfire suppression accounts and let me thank the chairmen of the Nat- ‘‘wildfire or wildfires’’, it is intended that other accounts not used to cover the cost of ural Resources and Agriculture Com- the respective Secretary’s request will in- wildfire suppression operations. mittees for working with our com- clude all known fires that will require ex- Mr. BARLETTA. After watching the mittee on title IX of the bill. traordinary resources beyond those remain- floodwaters of Hurricane Irene and

VerDate Sep 11 2014 03:11 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.051 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4988 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Tropical Storm Lee destroy the homes We shouldn’t just let these forests health of rural communities around and upset the lives of my constituents, burn. We should use them to help peo- America, you should be for this nar- my first priority has been to protect ple. If you want more forest fires, vote rowly crafted bill to collaboratively the programs that come to their aid, against this bill, but if you want to build a sustainable forest policy. namely the disaster relief fund. help preserve our national forests and I would like to reiterate that this bill This is a program that helps families make them healthier and help the only pertains to a narrow set of get back into their homes, businesses economy in the process, then you projects and lands, including areas af- reopen their doors, and local munici- should vote for this bill. fected by or likely to be affected by palities clear the streets so that our This is a very moderate response to these natural disasters. communities can recover when the what has become a big and fast grow- This only deals with lands subject to next big storm strikes. ing problem. We should not give in to collaborative processes or under these I have seen the disaster relief fund extremists and oppose this bill. This is federally sanctioned resource advisory provide assistance when it is needed good legislation, and I commend Chair- committees already in place or covered most. Our constituents rely on Federal man PETERSON, Chairman CONAWAY, by community wildfire protection disaster assistance. It should not be and Chairman THOMPSON for bringing plans. In other words, these are areas jeopardized under any circumstances. this very intelligent, sensible legisla- that already have had extensive Again, let me thank Chairman tion to the floor. proactive management discussions on BISHOP and Chairman CONAWAY for Mr. PETERSON. Mr. Chairman, I these lands with community partners working with the Transportation and yield 5 minutes to the gentleman from across the environmental and timber Infrastructure Committee. Oregon (Mr. SCHRADER). resource spectrum. This is exactly Mr. PETERSON. Mr. Chairman, I re- Mr. SCHRADER. Mr. Chairman, I where a streamlined NEPA process serve the balance of my time. should be placed. Mr. THOMPSON of Pennsylvania. would like to clear up some misconcep- Contrary to information you have re- Mr. Chairman, can I inquire as to how tions about H.R. 2467 and take a little ceived, this is not eliminating environ- much time remains? time to tell you what this bill really is The Acting CHAIR. The gentleman and what it is not. mental impact statements. It does permit a small exclusion of 5,000 to 15,000 from Pennsylvania (Mr. THOMPSON) has Contrary to a statement put out by 3 minutes remaining. The gentleman the President and some of my col- acres for a narrow type of project. The Forest Service is currently from Minnesota (Mr. PETERSON) has 13 leagues on my side of the aisle, this is minutes remaining. not a complete abrogation of environ- spending hundreds of millions of dol- Mr. THOMPSON of Pennsylvania. mental protections or NEPA process on lars on NEPA compliance, the single Mr. Chairman, I yield 2 minutes to the our Federal lands. biggest factor in limiting the amount gentleman from Tennessee (Mr. DUN- This is a streamlined process for a of work the agency can get done on the CAN). very, very small portion of Federal for- ground. Mr. DUNCAN of Tennessee. Mr. est land subject to catastrophic nat- It also has an innovative approach to Chairman, I rise in strong support of ural disasters and already subject to restoring forests after a wildfire. No this legislation, and I thank the gen- expensive collaborative, resource advi- permanent roads are allowed to be tleman from Pennsylvania for yielding sory committee, or wildfire protection built, current stream buffers stay in me this time. plans—a very narrow subset of our Fed- place unless the regional forester has a This bill, Mr. Chairman, will stream- eral forests. compelling reason to change them, and line the Forest Service planning, al- For the folks back East, I would like reforestation is required with an eye to lowing for more forest thinning, reduc- to remind them that, out West, forest creating more successional habitat, ing wildfire damage, and creating land occupies a great chunk of our something our environmental commu- much stronger Federal forests. More States. nity has wanted for a long time. You can’t accelerate the process national forest thinning means fewer b 1545 forest fires. here. Where are you going to do it? I served for 22 years on the Natural Over half of my State of Oregon is Didn’t we accelerate the process a lit- Resources Committee. Several years Federal forestland. Most of that is tle after Sandy or Katrina? ago, I was told that there were 6 billion managed by the Forest Service or the You know, some of our colleagues, board feet of dead and dying trees in BLM. some of my citizens, several of my con- the national forests; yet we were cut- Three-fourths of my State is dis- stituents out west are feeling that ting less than 3 billion board feet a tinctly rural, little access to this there is a lack of fairness in our dis- year. This was leading to a tremendous postrecession recovery. Frankly, in- aster policy. buildup of fuel on the floor of these for- deed, these guys were in a recovery for It is common practice for radical ests, leading to millions more acres the last 20, 30 years, when timber har- groups to file a litany of alleged griev- being burned because we weren’t cut- vesting came to a screaming halt under ances on any forest project that is sug- ting enough trees. our so-called forest plans. Their recov- gested, mostly just to drag out the In the late eighties, we were har- ery, their prosperity, is irrevocably en- process and delay good forest policy vesting 10 to 11 billion board feet a twined with smarter, healthier forest they disagree with, at great taxpayer year. We had 3 to 6 million acres lost to policy that promotes resiliency, which expense. Most of these claims are pure- forest fires each year at that time. this bill does, and sustainability, which ly procedural. Now, we are harvesting a little over 1 this bill does. We must reform this legal gotcha billion board feet a year, and the acre- This bill is narrowly crafted to build game by forcing these groups to focus age lost to forest fires has gone way up: upon the growing trust, hopefully, be- on legitimate, substantive claims of 10 million acres lost in 2006, 9 million tween old environmental and timber impropriety that they feel they can in 2011, and on and on and on. It is a adversaries by showing what can be win on. That is fair, and that is what shame. done with good forest policy in a col- this bonding proposal actually does. Allowing this renewable resource to laborative framework on our Federal Folks, for people in rural Oregon and be used, everything made with wood— forestlands. rural America, they are being left be- houses, all types of wood products, ev- Currently, dead, diseased, wildfire- hind. The timber economy was the erything else made from wood—would subjected Federal forestland contrib- major economy for these forested re- be cheaper. This would help lower-in- utes millions of tons of carbon annu- gions for decades. They are not seeing come people most of all. ally to our atmosphere. Rotting trees large companies, high-tech manufac- If we allow more trees to be cut, are carbon polluters. Burning forests turing moving into their remote areas. thousands of jobs could be created not are carbon polluters. These are communities that have de- just for loggers, but also in construc- Our forests need to be cleaned up and pended on our renewable natural re- tion and in businesses making wood made healthy again. If you care at all sources for their livelihood. products. This also would help lower- about climate change or the health of Our forests are a catastrophe waiting income people most of all. our Federal forests or, hopefully, the to happen. They are much less diverse

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.052 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4989 than they used to be. This drought is Mr. THOMPSON of Pennsylvania. Mr. THOMPSON of Pennsylvania. about the worst it has been out west in Mr. Chairman, I yield 2 minutes to the Mr. Chairman, I yield 2 minutes to the a long, long time. Our forests are distinguished gentleman from Oregon, gentleman from Montana (Mr. ZINKE). tinderboxes waiting to burst aflame. (Mr. WALDEN), an Eagle Scout. Mr. ZINKE. Mr. Chairman, as a fifth Let’s begin to work collaboratively. Mr. WALDEN. Mr. Chairman, I want generation Montanan, I grew up in tim- Give local communities the tools they to thank the members of the com- ber country. Our mills and train yards need and have to deal with and prevent mittee on both sides, my colleagues on were in full swing, and visitors from these catastrophes, frankly, learn how both sides of the aisle, for their great around the world flocked to see Glacier to work together again to build work on this legislation. This is really, Park. Revenues from the timber indus- healthier forests and healthier rural really important. try were reinvested in the community, communities. My colleague from Oregon (Mr. and conservation efforts of the Forest Mr. THOMPSON of Pennsylvania. SCHRADER) spoke eloquently about Service helped our timber harvest. Mr. Chairman, I reserve the balance of what our State faces and our rural Building a strong tourist economy my time. communities face, and that is why this and a strong timber economy are not Mr. PETERSON. Mr. Chairman, I Resilient Federal Forests Act is so im- mutually exclusive. That is why I sup- don’t believe I have any additional portant to beginning to be a game port—strongly support—the Resilient speakers. I could yield time to the gen- changer, to getting us back into active Federal Forests Act of 2015. It does tleman from Pennsylvania if he wishes. management of our Federal what it should do. It encourages local Mr. THOMPSON of Pennsylvania. I forestlands, to reducing the threat of organizations to work together on col- have some additional speakers. That wildfire, the cost of wildfire, the de- laborative projects that revitalize the would be appreciated. struction of wildfire, and the incredible economy. But not only that, it revital- Mr. PETERSON. Mr. Chair, I ask pollution from wildfire. izes our forests. unanimous consent to yield the bal- As we speak here today on the House Think about it. As we debate this bill ance of my time to the gentleman from floor, brave firefighters are still trying today, there are two wildfires in my Pennsylvania to finish out. to contain the Corner Creek fire, which home State of Montana, just a few The Acting CHAIR. Without objec- has already burned nearly 29,000 acres miles from where I grew up. And as of tion, the gentleman from Minnesota of forestland near Dayville, Oregon, in today, more than 3.9 million acres yields the balance of his time, which is my district—29,000 acres already across our Nation have burned in 8 minutes, to the gentleman from burned. And unfortunately, this fire wildfires this year alone. That is larger Pennsylvania to control. season in the West has only just begun. than the entire State of Connecticut. There was no objection. Among the many strong provisions in We are on track for more than dou- Mr. THOMPSON of Pennsylvania. I this bill are streamlining planning, re- ble, if conditions don’t improve. Just thank the ranking member for his gen- ducing frivolous lawsuits, and speeding last week, the Forest Service, whom I erosity and his leadership on the im- up the pace of forest management. Sev- visited, said we are in the perfect portant issue of agriculture, and cer- eral in particular are helpful to our storm. In the words of the former Chief tainly on this bill as well. great State of Oregon. of the Forest Service, Chief Bosworth, Mr. Chairman, I yield 2 minutes to For national forests in eastern Or- we don’t have a fire problem as much the gentleman from Alabama (Mr. egon, this legislation repeals the prohi- as we have a land management prob- BYRNE). bition on harvesting trees over 21 lem. That is why this bill is so impor- Mr. BYRNE. Mr. Chairman, thank inches in diameter. Now, there is no tant. you for your work on this critical leg- real ecological reason for this. It was a Last week, when traveling across my islation. temporary measure put in place 20- district, I toured the site of the Glacier The Resilient Federal Forest Act is some years ago, nearly. It remains Rim fire. This fire is burning the same key if the Forest Service is to have the today. It didn’t make sense then, it ground that burned in 2003. I was told flexibility it needs to actively manage doesn’t make sense now, and it will be by people on the ground that the rea- our Nation’s Federal timberland. repealed. son why this fire is burning is the For- Now, I come from a State where for- This flawed one-size-fits-all rule il- est Service was not able to conduct a estry is critically important to our lustrates, I think, just how broken the salvage operation for fear of lawsuits, economy and our ecosystem. In fact, Federal forest management has be- among other reasons, and those law- forestry is a $13 billion industry in Ala- come. So it greatly limits the flexi- suits left standing timber which cannot bama. Thankfully, my State does not bility forest managers have to do what be addressed by crews, which only can have a serious issue with wildfires due is right for the health and ecosystem of be addressed by helicopters, and that is to our active forest management. That the forests to make them more resil- a $1 million project. And habitat, it is said, it does not mean that my area ient, more fire tolerant. a member, a part of the core grizzly isn’t impacted by the wildfire crisis. This bill also includes legislation I habitat. It has not burned once; it has The Forest Service and the Bureau of wrote with my colleagues from Oregon, burned twice in 15 years. Land Management are forced to spend Representatives DeFazio and KURT So we need more scientists in the so much money fighting wildfires that SCHRADER, pertaining to Oregon’s woods and less lawyers, and I urge my they have to take money away from unique O&C Lands. It will cut costs, in- colleagues to join me in a bipartisan other nonfire accounts that, ironically, crease timber harvests and revenue to effort to support this bill. help prevent wildfires, like thinning local counties. Mr. THOMPSON of Pennsylvania. and controlled burns. The BLM is also directed to revise Mr. Chairman, I yield 2 minutes to the Mr. Chairman, this bill just makes their flawed management plan pro- gentleman from Nevada (Mr. AMODEI). sense. By simplifying the environ- posals to consider the clear statutory Mr. AMODEI. Mr. Chairman, I want mental process requirements and re- mandate to manage these lands for sus- to thank my colleagues from Pennsyl- ducing burdensome regulations that tainable timber production and rev- vania and Utah and their committee hinder active forest management on enue to the counties. work on this. Federal timberland, we can help reduce Finally, one look at the fires around Management reduces catastrophic wildfires and protect our Nation’s for- the West makes clear that the status wildfire. In the high desert rangelands ests. quo simply is not working for our for- of Nevada, as well as the conifer forests So I want to thank the gentleman ests, for our communities, or for the of such mountain ranges as the Sierra from Arkansas and others for their environment. We need to do better. Nevadas around Lake Tahoe, the Ruby work on this bill and the continued This Resilient Federal Forests Act will Mountains around Elko, or the leadership on behalf of our Nation’s do that. It will bring better and Toiyabes around Austin, Nevada, we foresters. healthier forests and healthier commu- have a 100-year resource there. Once it Mr. Chairman, I urge my colleagues nities. burns, it is 100 years before it comes in this House to support this legisla- I thank the committee for taking up back by the time you take into action, and I call on the Senate to act on this good piece of legislation and en- count those moisture regimens and ev- this bill right away. courage my colleagues to approve it. erything affiliated with that. And then

VerDate Sep 11 2014 03:11 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.053 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4990 CONGRESSIONAL RECORD — HOUSE July 9, 2015 when you have years-long processes partisan legislation will give the For- I would like to thank Chairmen after it burns to get permission just to est Service tools it needs to better BISHOP, CONAWAY, and SHUSTER for go after that, this is great legislation. manage our national forests. their assistance with this critical bi- I want to thank my colleague from As a professional forester, I see that partisan bill. Our national forests des- the Razorback State for his work on it our forests are in decline and lack re- perately need scientific management and the other folks that have helped siliency. to become resilient again. him. President Teddy Roosevelt, who In the words of Roosevelt, I call on us One of the reasons that this is so im- worked alongside a fellow Yale for- to behave well, to treat our forest re- portant to our State is, in the last 20 ester, Gifford Pinchot, to create the sources as assets that we will turn over years, just on BLM land, we have U.S. Forest Service, are the two I to the next generation increased and burned between 6 and 7 million acres. would credit as the fathers of our na- not impaired in value. And guess what. We are dealing with a tional forest. I look forward to advancing this bill thing called the sage-grouse listing, Roosevelt said, ‘‘The Nation behaves today and call on the Senate to act where they talk about loss and frag- well if it treats the natural resources promptly to ease the burdens of the mentation of habitat. It is nobody’s as assets which it must turn over to summer fire season. fault, mostly lightning-caused fires 40 the next generation increased and not The Acting CHAIR. The gentlewoman miles from the end of the nearest dirt impaired in value.’’ from Massachusetts is recognized for 15 We have problems with our current road—6 or 7 million acres to cata- minutes. forest policy that is leaving one of our strophic wildland fire. Ms. TSONGAS. Mr. Chairman, I yield most treasured natural resources less More management, more restoration, myself such time as I may consume. resilient, decreased, and impaired in thinning of fuels, and also the ability Our national forests are a public good value. that are tasked to provide multiple to recognize that the funding for this is It is not only our forests that suffer. benefits to the American people. These something that needs to be a FEMA-re- Without forests that are healthy, we include clean water, clean air, wildlife lated thing rather than just through have poor water quality, poor air qual- habitat, open space, as well as robust the normal budget process are all great ity, less wildlife habitat, less biodiver- recreation and timber economies that ideas. sity. My bill aims to fix these prob- provide jobs and partner with Federal I want to thank my colleagues for lems, and it aims to fix them through land managers to improve forest their help. On behalf of the people of proactive and sound management. the Silver State, thank you very much. First, our forests are living and dy- health. Mr. THOMPSON of Pennsylvania. namic, but we have a problem of de- Everyone agrees that we must in- Mr. Chairman, I want to thank all my layed decisionmaking or, even worse, crease the pace of restoration work to colleagues, Ranking Member PETER- no decisionmaking at all. This bill limit the impacts of catastrophic SON, who all spoke on this very impor- incentivizes collaboration and speeds wildfires and to improve the long-term tant bill. up the implementation of collaborative health of our forests. H.R. 2647 is a commonsense, bipar- projects while safeguarding strong and H.R. 2647 does contain some new tisan solution to start fixing a broken timely environmental reviews. thinking and potentially useful con- system. We have a problem of not salvaging cepts that, if done right, could help the Right now, miles of red tape and con- timber destroyed in catastrophic Forest Service achieve its long-term stant litigation, usually from groups events, which makes the forest more goal of healthy, sustainable forests. that refuse to come to the table, are dangerous, increases future wildfire For example, the bill provides incen- preventing our forests from receiving problems, and makes it difficult for re- tives for collaboration, which has been the active management they des- forestation. This bill sets up require- identified as a priority by witnesses perately need. This leads to more cata- ments for salvage and reforestation. from both sides of the aisle. strophic wildfires and more money di- The Forest Service would have to im- It also proposes some creative ways verted from other priorities to fight plement greater reforestation in re- to finance forest restoration projects fires. sponse to catastrophic events. developed through collaboration. This legislation will aid in reversing Typically, less than 3 percent of an H.R. 2647 also offers a potential solu- this cycle. It gives the agencies more area is reforested after a catastrophic tion to the devastating impact of fire flexibility to manage our Federal event. This is unacceptable. My bill re- borrowing, the practice of transferring lands, which protects wildlife habitat quires 75 percent reforestation within 5 funds away from forest restoration and surrounding watersheds, spurs years. projects for use in fighting wildfires. growth in the rural economy, and saves We have a problem in our rural com- Throughout the debate over forest time and saves money. munities that not only depend on our policy and this particular bill, Demo- I want to thank Mr. WESTERMAN for forests for their sustenance, but also crats, including myself, have urged the his leadership on this, Chairman CON- provide emergency services, education, majority to deal with how we pay for AWAY, Chairman BISHOP, Ranking and support for the forests and resi- the largest and most catastrophic Member PETERSON. dents who live near the forest. wildfires, which represent only 1 per- I yield back the balance of my time. As our forests are decreased and im- cent of wildfires, but consume 30 per- paired in value, our forest communities cent of the entire agency’s firefighting b 1600 immediately suffer and suffer even budget. The Acting CHAIR (Mr. HULTGREN). more in the future. I am glad that the majority acknowl- The gentleman from Utah is recognized My bill gives counties flexibility in edges the urgent need to address the for 15 minutes. spending Secure Rural Schools funding fact that over 50 percent of the Forest Mr. BISHOP of Utah. Mr. Chairman, and puts 25 percent of stewardship con- Service budget goes to fighting I appreciate the opportunity of being tracts into the county treasury for our wildfires, squeezing out funds needed here, talking about this significant bill schools and other public services. for all other critical Forest Service that is going to increase and improve There are other policy problems this programs, most especially those that our status quo. legislation solves, but none are more focus on forest health. I yield 5 minutes to the gentleman important than problems caused by However, these helpful provisions do from Arkansas (Mr. WESTERMAN), to having to spend too much of our Forest not offset the many serious concerns begin our portion of this debate, who is Service budget for reactive fire sup- that I still have with this legislation, the chief sponsor of this particular bill, pression rather than on proactive which was developed without any input who has a personal background, actu- sound management and fire prevention. from Natural Resources Committee ally, having earned a degree in forestry This bill ends the destructive prac- Democrats. even from the State of Arkansas. tice of fire borrowing in a fiscally re- In fact, when the Federal Lands Sub- Mr. WESTERMAN. Mr. Chairman, I sponsible manner. It creates a subcommittee held its hearing, the bill rise today in support of H.R. 2647, the account under the Stafford Act specifi- was still in draft form. This process Resilient Federal Forests Act. This bi- cally for fighting wildfire. even left the Forest Service without

VerDate Sep 11 2014 03:11 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.054 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4991 the opportunity to provide adequate or and the heavy fuels are already as dry I have concerns about the magnitude meaningful testimony. as they get. of the CEs for fire recovery and sal- Instead of working together on a bi- We have seen this before. The fires vage. But, on balance, the other parts partisan basis to improve the health of will break out. BLM and Forest Service of this bill are important to the point our national forests, about which we can’t stop fighting the fires. So they where the bill should receive support all care, this bill irresponsibly chips will borrow from other accounts, in- from people that care about the future away at the environmental safeguards cluding fuel reduction to protect forest of our forests. of the National Environmental Policy values and communities, forest health, Mr. Chair, I have been working on forestry Act and places tremendous burdens on and a myriad of other programs. issues for a long time—nearly 30 years. I rep- American citizens seeking to partici- This happens year after year after resent a district with some of the most produc- pate in the public review process of year. It is time to end that, and this tive public timberlands in the entire world. I Forest Service projects. bill takes that first step in ending that also represent a district that cares deeply— For example, H.R. 2647 would ‘‘cat- practice of fire borrowing. passionately—about the environment and our egorically exclude’’ or exempt a wide And that is of tremendous benefit to incredible national forests. range of timber and restoration the resource agencies, the resources For 30 years I have been trying to find a projects from critical environmental themselves, and our preparedness and middle ground on national forest policy—a bal- analysis and public review. This means capability of fighting fires. That alone anced approach. I believe that having a that thousands of acres of sensitive gives this bill tremendous merit. healthy timber industry, good paying jobs in ecosystems would be much more vul- It deals with some other long- rural communities, and permanent protection nerable to degradation and damage. standing issues in Oregon. We adopted for our nation’s most iconic resources—like old The changes to the judicial review something called temporary eastside growth trees and pristine rivers—are not and process raise serious constitutional screens back in 1993, I believe, saying should not be mutually exclusive. concerns, eroding some of the bedrock you couldn’t cut any tree over 21 Do I think the bill before the House today is principles of the American legal sys- inches in diameter. a perfect bill? Absolutely not. But when you tem that protect the basic rights of It makes no biological sense, and it are working on a contentious, complex, and citizens to participate in the Federal makes no sense to the premier forest often emotional issue like national forest pol- decisionmaking process and to hold scientists in the world, Jerry Franklin icy—there is no such thing as a ‘‘perfect bill.’’ their government accountable. and Norm Johnson. The truth is our national forests are burning If this legislation were to become You have nonnative fir trees that are up at an alarming rate. They are dying from law, a citizen challenging a Federal de- growing there, because of repression of disease and bugs. Our land management cision would be required to post a bond fire for the last 100 years, that are 100 agencies don’t have the financial resources or equal to the government’s cost, ex- years old. They are over 21 inches. tools to deal with existing threats let alone penses, and attorneys’ fees. But they are growing in stands of emerging threats, like climate change. The If plaintiffs lose, the government is ponderosas that are 200 years old, and Federal Government spends billions of dollars paid out of that bond. But if plaintiffs they are going to kill the ponderosa every year to fight fires on public lands, rather win—and by win, I mean a court has to stands, the native trees. than investing those dollars in forest health rule in favor of plaintiffs on all causes But the Forest Service can’t go in and resiliency to reduce wildfire risks. of action—plaintiffs simply have their and deal with that issue. With this leg- Our rural and forested communities continue bond returned and are precluded from islation they finally can. to suffer from double digit unemployment. getting an award of attorneys’ fees. On our unique O&C lands, there is a Even the mills that have retrofitted to process As our colleagues on the Judiciary provision of the Northwest Forest Plan small diameter logs are struggling to make it. Committee can attest, this provision called Survey and Manage, literally And rural counties dependent on timber re- flies directly in the face of American crawling around on the forest floor, ceipts are failing to keep violent criminals in legal precedent. looking for slugs, snails, calling for jail, sheriff deputies on our roads, and kids Public lands, including our national owls, and doing all these things 3 years and teachers in the classroom. forests, belong to all Americans. They in a row. So, again, no. I don’t think this is a perfect are a public good. Bedrock environ- This, again, is not necessary, accord- bill. But, Congress needs to do something to mental laws, like the National Envi- ing to the premier scientists, and is in- change the status quo for our forests and rural ronmental Policy Act, makes sure that credibly expensive and time-consuming communities. We need to have this conversa- the public voice is heard and that crit- on the part of the Bureau of Land Man- tion and work together to find middle ground. ical habitats are protected not only for agement. WILDFIRE FUNDING species that rely on our national for- In fact, the Bureau of Land Manage- And there are some good provisions in this ests and grasslands, but also for Amer- ment’s new plans—each plan, no mat- bill. One of the most important provisions at- ican citizens who depend on these lands ter what the output level, would do tempts to end ‘‘fire borrowing’’—a top priority for their drinking water and economic away with that practice. So this bill of mine when I was Ranking Member of the livelihoods or simply to enjoy their does away with that practice, saving Natural Resources Committee and a remain- treasured beauty. the BLM resources and moving ahead ing priority of mine as Ranking Member of the I urge my colleagues to vote ‘‘no’’ on with better management. Transportation and Infrastructure Committee this legislation, and I reserve the bal- There are a number of other issues that has jurisdiction over FEMA. ance of my time. that relate to these O&C lands. I want Right now, when federal land managers ex- Mr. BISHOP of Utah. I reserve the to thank Chairman BISHOP and Chair- haust congressionally appropriated dollars to balance of my time. man MCCLINTOCK for working with my- fight fires, the agencies have to borrow money Ms. TSONGAS. Mr. Chair, I yield 3 self, Mr. SCHRADER, and Mr. WALDEN in from other accounts. Often times those ac- minutes to the gentleman from Oregon order to address these issues, extending counts fund the very activities—like thinning (Mr. DEFAZIO). the comment period, developing new overstocked plantations, reducing hazardous Mr. DEFAZIO. I thank the gentle- management options. fuels, or completing work in the Wildland woman for yielding. BLM is refusing, despite the Oregon Urban Interface—that can actually help reduce Mr. Chair, I have been working on Delegation’s bipartisan request to ex- the risk of catastrophic wildfires! That’s a ter- forest policy for my entire tenure in tend the comment period on these crit- rible way to do business. Congress. I have some of the most pro- ical management plans. So that itself Catastrophic wildfires should be treated like ductive and fabulous forest lands in the is also great merit. other natural disasters and we should stop entire Federal system, both Forest There are provisions in the bill that robbing Peter to pay Paul. The wildfire funding Service and BLM lands, under a unique I don’t like and don’t support. language in this bill—while not perfect—moves O&C management. We will be given an opportunity with us in the right direction. But here we are again headed into a the Polis amendment to deal with the EASTSIDE SCREENS very, very potentially bad fire season, bonding issue and the cost recovery This bill also includes provisions that will im- June record heat, no precipitation. We issue, which I don’t think belongs in prove forest management in the Pacific North- had very little snowpack last winter, this bill. west. The bill would remove the unscientific

VerDate Sep 11 2014 03:11 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JY7.055 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4992 CONGRESSIONAL RECORD — HOUSE July 9, 2015 and arbitrary ‘‘Eastside Screens’’ that prohibit PROVISIONS OF CONCERN Revenues from the sale of excess tim- the Forest Service from cutting any tree in For example, the bill would allow categorical ber provided for prosperous local Eastern Oregon and Eastern Washington that exclusions (CEs) for salvage logging projects economies and a steady stream of reve- is larger than 21 inches in diameter. up to 5,000 acres in size. That’s 20 times larg- nues to the Treasury which could, in Supporters of the Eastside Screens forget er than the current 250-acre size limitation for turn, be used to further improve the that the 21 inch rule was intended to provide salvage logging CEs adopted by the Bush Ad- public lands. interim protection for larger, older trees until ministration. Unfortunately, the Committee But 40 years ago, in the name of sav- scientifically based standards for old growth adopted an amendment during markup that ing the environment, we consigned our were established. Well, guess what? After eliminated key restrictions on the construction national forests to a policy of benign more than two decades those standards have of temporary roads within the salvage project neglect. And the results are all around still not been established, handcuffing the For- area. These provisions are a non-starter. us today, not only the impoverished est Service from carrying out common sense The bill allows CEs for projects intended to mountain communities, but an utterly forest projects. create early successional habitat. I worked devastated environment. Today, even if there is a non-native, 22-inch with the pre-eminent scientists in the world on b 1615 diameter Douglas fir tree that is outcompeting pilot projects in Oregon with similar manage- and putting at risk a native, 200 year-old stand ment goals. But for these projects to work and Our forests are now dangerously of ponderosa pine, you can’t cut that fir. That for there to be social buy-in, there need to be overgrown. Trees that once had room would violate the Eastside Screens. strong sideboards for such projects, like green to grow and thrive now fight for their That doesn’t make any sense. Yes, we tree retention requirements and old growth lives in competition with other trees need protection for old growth forests and I protection. from the same ground. In this dis- was the first to pass permanent, legislative Language has been added that could ex- tressed condition, they fall victim to protection for old growth in Western Oregon empt the application of herbicides from a full pestilence, disease, and catastrophic out of the House last year. But, those protec- environmental impact statement when used to wildfire. My goodness, we can’t even tions should be scientific and implementable. ‘‘improve, remove, or reduce the risk of wild- salvage dead timber anymore. O&C LANDS fire.’’ I understand the Forest Service uses This legislation is the first step back The same goes for standards established herbicides in limited circumstances to address towards sound, scientific management more than 20 years ago, known as Survey noxious weeds and other threats through man- of our national forests. It streamlines and Manage, that literally has land manage- ual application. But such application should re- fire and disease prevention programs. ment personnel on their hands and knees on main extremely limited, publicly transparent, It expedites restoration of fire-dam- the forest floor looking for liverworts, fungi, and restricted to manual application instead of aged lands. It protects forest managers slugs, snails, mosses, and 300 other types of aerial application. There should be no ambi- from frivolous lawsuits, and it does so flora and fauna before any forest activity can guity in this language and its intent, nor should without requiring new regulations, take place. I am all for robust analysis and it expand herbicide application on public lands. rules, planning, or mapping. considering the impacts of human activity on This bill would make it harder for a person Mr. Chairman, the management of rare and special species. But we also need to with a legitimate grievance against a federal our public lands is the responsibility of be responsible stewards of taxpayer dollars land management agency to sue by requiring Congress. The bromides of the environ- and aware of the consequences of over-anal- that person to post a bond covering the antici- mental left have proven disastrous to ysis, lengthy delays, and not taking action. pated costs, expenses, and attorneys’ fees of the health of our forests, the preserva- The Bureau of Land Management (BLM) tion of our wildlife, and the welfare of agrees with me. That’s why all of the Re- the government to defend the lawsuit. I understand you want to limit frivolous lawsuits or our mountain communities. source Management Plan alternatives for This bill begins to reverse that dam- Western Oregon would eliminate Survey and lawsuits from parties that don’t meaningfully engage in the public process. But this isn’t the age and to usher in a new era of Manage. healthy and resilient forests and an Unfortunately, the BLM still has some work way to do it. I will be voting for an amendment economic renaissance for our mountain to do on the Resource Management Plans for later today to strike the entire section. towns. the statutorily unique O&C Lands. Despite re- Mr. Chair, this bill has some important, bal- Ms. TSONGAS. I yield 4 minutes to quests from most of the Oregon Congres- anced provisions. It also has some controver- my colleague from Arizona (Mr. GRI- sional Delegation to extend the public com- sial, unnecessary provisions. We know that JALVA). ment period to analyze thousands of pages of this bill, in its current form, will not be signed Mr. GRIJALVA. Mr. Chairman, I rise documentation for the alternatives, the BLM by the president. But I want to keep this con- in opposition to H.R. 2647, the so-called decided not to award an extension. versation moving forward and I want to work I want to thank Chairman BISHOP and Chair- with my colleagues on both sides of the aisle, Resilient Federal Forests Act of 2015. man MCCLINTOCK for working with me, Rep. House and Senate, to do something meaning- Before I address the many concerns WALDEN, and Rep. SCHRADER to include lan- ful for our rural communities and national for- with the underlying bill, I must com- guage that would direct the BLM to consider ests. I will support this bill today with the un- mend my colleagues on the other side additional alternatives for the O&C Lands— derstanding that this legislation still needs of the aisle. They have finally taken a ranging from a sustained yield alternative to a work, significant improvement, and further step toward addressing the 600-pound carbon storage alternative—and to extend the compromise. gorilla, that is, the enormous cost and public comment period by 180 days. These Mr. BISHOP of Utah. Mr. Chair, I am impact of fire borrowing under the For- Resource Management Plans will govern man- pleased to yield 2 minutes to the the est Service budget. agement on the O&C Lands for years to gentleman from California (Mr. I offered an amendment at a com- come—perhaps decades—and we must get MCCLINTOCK), the chairman of the Sub- mittee markup that would have re- them right. Taking time to analyze new alter- committee on Federal Lands, who has quired Congress to address the issue of natives and giving the public more time to re- helped shepherd this bill through the fire borrowing before this bill could view and comment is absolutely crucial. committee process. take effect, and we have been calling I also want to thank the respective Chair- Mr. MCCLINTOCK. I thank the gen- on House Republicans to address the men for incorporating the Public Domain lands tleman for yielding. issue for years. My amendment was re- within the O&C land base. These lands in Mr. Chairman, excess timber comes jected, but I am glad it encouraged the Western Oregon are already managed in the out of the forest one way or another. It sponsors of this legislation to address same manner. Reclassifying the Public Do- is either carried out or its burned out, the cost of wildfires. main lands as O&C Lands will improve man- but it comes out. The newly added title IX is not a per- agement efficiency, provide clarity to the BLM, Years ago, when we carried it out, we fect solution, however. By amending and create additional revenues for the O&C had healthy forests and a thriving the Stafford Act to include wildfires Counties. economy. We managed our national under the definition of natural disas- But, as I mentioned, this bill isn’t perfect. In forests according to well-established ters, this section creates a mechanism fact, it includes a number of troubling provi- and time-tested forest management to address the very disastrous practice sions that should be completely eliminated or practices that prevented vegetation of fire borrowing. substantially modified before being signed into and wildlife from overgrowing the abil- There is a small hitch, nevertheless. law. ity of the land to support it. Congress would still have to fund this

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.018 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4993 new disaster relief fund, similar to the The motion was agreed to. Mr. BISHOP of Utah. Mr. Chairman, process for funding recovery from Accordingly, the Committee rose; I yield 2 minutes to the gentleman Superstorm Sandy, which did not go and the Speaker pro tempore (Mr. from Colorado (Mr. TIPTON), a former smoothly, to say the least. While this THOMPSON of Pennsylvania) having as- member of our committee, but some- might be a positive step, it does not sumed the chair, Mr. HULTGREN, Acting one whose district clearly knows the make H.R. 2647 a good bill. Chair of the Committee of the Whole significance and impact of forestlands With regard to title IX, the addi- House on the state of the Union, re- and how they should be maintained. tional disaster relief fund, hopefully ported that that Committee, having Mr. TIPTON. Mr. Chairman, the chal- the majority will not rob Peter to pay had under consideration the bill (H.R. lenge that we face in the West is very Paul within the Forest budget in order 2647) to expedite under the National obvious. Overgrown forests, bark beetle to fund this disaster relief fund or Environmental Policy Act and improve devastation, threat to our watersheds, leave title IX just as an empty hollow forest management activities in units threat to habitat, threat to public and useless gesture that never gets of the National Forest System derived property that sensible people have long funded. from the public domain, on public called for a solution to be able to have In the name of forest resiliency and lands under the jurisdiction of the Bu- rendered. health, H.R. 2647 undermines the NEPA reau of Land Management, and on trib- I would like to be able to applaud the process, discourages collaboration, dis- al lands to return resilience to over- hard work of Chairman BISHOP, the torts the intent of the Secure Rural grown, fire-prone forested lands, and committee, and particularly the gen- Schools program, creates an extraor- for other purposes, had come to no res- tleman from Arkansas (Mr. dinary burden on citizens’ access to the olution thereon. WESTERMAN) in putting commonsense pieces of legislation forward in H.R. courts, and transforms the judicial re- f view process. 2647, the Resilient Federal Forests Act. This bill, quite frankly, is not about REPORT ON H.R. 2995, FINANCIAL The concept of being proactive rather forest health. It is about increasing the SERVICES AND GENERAL GOV- than being reactive, putting the health numbers of trees removed from the for- ERNMENT APPROPRIATIONS ACT, of our forests, protection of our watersheds, habitat for wildlife, and saving est. 2016 The White House just communicated Mr. CRENSHAW, from the Com- private property while bringing some control back to our States and our its strenuous opposition to H.R. 2647, mittee on Appropriations, submitted a communities is long overdue. and let me quote from that commu- privileged report (Rept. No. 114–194) on Forward-looking and innovative leg- the bill making appropriations for fi- nication: islation like the Resilient Federal For- nancial services and general govern- The administration strongly opposes H.R. ests Act speaks to the very heart of re- ment for the fiscal year ending Sep- 2647. The most important step Congress can sponsible forest management. This is a take to increase the pace and scale of forest tember 30, 2016, and for other purposes, piece of legislation, which is long over- restoration and management of our national which was referred to the Union Cal- forests and the Department of the Interior due. We have seen the impact in pilot endar and ordered to be printed. projects of healthy forests, the oppor- lands is to fix the fire suppression funding The SPEAKER pro tempore. Pursu- and provide additional capacity for the For- tunity to be able to get the forests est Service and Department of the Interior ant to clause 1, rule XXI, all points of again in a healthy state, creating to manage the Nation’s forests and other order are reserved on the bill. abundant ground cover and forage for public lands. H.R. 2647 falls short of fixing f our animals and protecting those wa- the fire budget problem and contains other tersheds. provisions that will undermine collaborative RESILIENT FEDERAL FORESTS ACT OF 2015 This is a commonsense piece of legis- forest restoration, environmental safe- lation that I would like to encourage guards, and public participation across the The SPEAKER pro tempore. Pursu- my colleagues to be able to support. National Forest System and public lands. ant to House Resolution 347 and rule Ms. TSONGAS. I yield 21⁄2 minutes to Categorical inclusions that are part XVIII, the Chair declares the House in my colleague from Georgia (Mr. JOHN- of title I are not the product of the Committee of the Whole House on SON). thoughtful consideration of the legisla- the state of the Union for the further Mr. JOHNSON of Georgia. Mr. Chair- tion. Instead, they pave the way for up consideration of the bill, H.R. 2647. man, impartial justice and access to to 8 square miles of clear cuts of old- Will the gentleman from Illinois (Mr. the courts is a right guaranteed to growth trees with little or no environ- HULTGREN) kindly resume the chair. every citizen in this country. mental review. b 1622 Across the street from this Chamber, Title II reduces to 3 months the time Lady Justice sits blindfolded on the for environmental assessments and en- IN THE COMMITTEE OF THE WHOLE steps of the Supreme Court so we can vironmental impact statements for re- Accordingly, the House resolved all be reminded that justice should be forestation or salvage operations fol- itself into the Committee of the Whole blind. Today, we are debating yet an- lowing a large-scale fire. The Forest House on the state of the Union for the other Republican bill restricting access Service testified that this time limit is further consideration of the bill (H.R. to the courts to only those with deep unrealistic, encouraging snap judg- 2647) to expedite under the National pockets. ments that can have horrible long-term Environmental Policy Act and improve H.R. 2647 continues the alarming consequences. forest management activities in units trend of Republican-sponsored legisla- Title III strips away access to the of the National Forest System derived tion that proposes to limit the average courts that other speakers will speak from the public domain, on public American’s access to the courts so pol- to as well. You know, think about the lands under the jurisdiction of the Bu- luters that line the pockets of politi- group that would dominate the collabo- reau of Land Management, and on trib- cians with campaign contributions can rative decisionmaking without any ju- al lands to return resilience to over- continue to profit. dicial review. grown, fire-prone forested lands, and H.R. 2647 requires that a citizen post The bill also eliminates the Equal for other purposes, with Mr. HULTGREN a bond prior to challenging the United Access to Justice Act for successful (Acting Chair) in the chair. States Government’s forest manage- litigants and forces them to do a The Clerk read the title of the bill. ment activities. This bond must cover prebond, a one-sided bond requirement The Acting CHAIR. When the Com- all the defendant’s anticipated cost, ex- to limit, if not eliminate, citizen activ- mittee of the Whole rose earlier today, penses, and attorney’s fees to be paid if ism and public participation in a prob- 121⁄2 minutes remained in general de- the defendant prevails. In the rare oc- lem that they can help solve rather bate. casion plaintiffs are successful, they looking at this as a threat. The gentleman from Utah (Mr. will only be able to recover the amount I urge a ‘‘no’’ vote on the legislation. BISHOP) has 9 minutes remaining, and posted in the bond and only if they win Mr. BISHOP of Utah. Mr. Chairman, the gentlewoman from Massachusetts exactly on all counts. The government, I move that the Committee do now (Ms. TSONGAS) has 31⁄2 minutes remain- however, does not have to cover any of rise. ing. the plaintiff’s costs.

VerDate Sep 11 2014 03:11 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.058 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H4994 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Requiring the posting of a bond that needs to be addressed quickly. That is means where citizens actually got to- could be as costly as tens of thousands exactly what the Westerman bill does. gether and came up with a plan of ac- of dollars undermines citizen access to It addresses that problem. The status tion on their forest and, as they move the courts when a party believes the quo, flat out, is not working. forward to that, some special interests government failed to follow the law. The Forest Service has recommended groups with a whole lot of deep pockets The individual consumer, nonprofit or recognized that we have at least 58 on their side stops them in their tracks organizations, small business, or public million acres that are in dire need of by a lawsuit. interest groups do not have the finan- assistance right now but can easily be Those are the kinds of groups that cial ability to challenge large corpora- burned in this next fire season. are going to have to put up the bond. tions or, more often, the Federal Gov- b 1630 Those are the kind of groups who can ernment which citizens believe is no longer say: We are going to sue you That is bigger than my home State of harming their communities or environ- on 25 different issues. We realize only Utah, which is still the 11th largest ment. By allowing citizens to recover three of them are going to be realistic, State in the Nation. their reasonable legal fees when they If you add the higher-end estimates, but we want you to take the time and file suit and win in court, you encour- then you add more acreage into that, effort to spend your Federal moneys to age Americans to participate in public which means you would add the State try and defend all those 25. discourse and to hold the government of Utah and Michigan. One-third of the What we are saying is: Look, if you accountable. entire forests we have are in danger of are going to sue on something, sue on Rollbacks to judicial review and im- being destroyed if we do not do some- something that is realistic. Don’t put position of attorney’s fees upon plain- thing immediately. the entire world on there, and make tiffs, along with legislative inter- The Forest Service right now can sure that you are willing to cede on ference with key judicial powers con- only address the problem in 3 million those particular issues, in those par- templated in H.R. 2647, cripple the abil- acres; 58 is the minimum. That simply ticular areas. ity of those concerned with environ- means it would take them over 20 years We also have in title I in there that mental protection to seek representa- to address the problem. That is more simply says: You can still sue, but you tion and redress in the courts. than my lifetime is left here to try and can’t get an injunction to stop our I urge my colleagues to vote ‘‘no’’ on solve this problem. work while we go through frivolous this bill. I realize that I was probably born at lawsuit after frivolous lawsuit. Mr. BISHOP of Utah. Mr. Chair, I re- a greater distance from the apocalypse In the last two administrations, not serve the balance of my time. than most of the people here; but at counting this one, but two prior admin- Ms. TSONGAS. May I inquire as to the same time, in my lifetime, you istrations, we have over 11,000 lawsuits how much time I have left? can’t solve the problem if we keep on that took place simply to stop the For- The Acting CHAIR. The gentlewoman with the status quo. That is why this est Service from going forward. That from Massachusetts has 11⁄4 minutes re- bill is essential, and that is why I ap- has to be addressed. It has to be ad- maining. preciate all the speakers who have dressed. The Forest Service recognizes Ms. TSONGAS. Mr. Chair, I want to gone on today saying why this is the that, and that is why former Forest close by reiterating that, instead of perfect first step. Service employees—as well as the cur- working together on a bipartisan basis What is so good about it is, as soon as rent ones—realize, if we don’t have to improve the health of our national the President signs this thing, the For- some kind of litigation reform, we will forests, this bill irresponsibly chips est Service can immediately imple- not solve our problems with forest away at the environmental safeguards ment everything. These are practices health. of the National Environmental Policy and processes that they have at their We also have to give them the tools Act and places tremendous burdens, as disposal. They are ready to move for- so they can move quickly on what they we have just heard, on American citi- ward with it. All we have to do is give need to do. Categorical exclusion is not zens seeking to participate in the pub- them the tools to immediately do that. something that is evil; it is actually lic review process of Forest Service Now, we realize some of the issues something that is essential to move programs. that are there. Funding is a significant forward. They recognize that they need I am glad that the majority acknowl- issue. Funding alone will not solve our that tool. That is why I said, as soon as edges the urgent need to address fire problem, but we have addressed that; this bill is signed by the President, borrowing, but we still have concerns and I appreciate, once again, Chairman they can implement what they already with this proposal and it in no way off- SHUSTER and subcommittee Chairman know to do. sets the many other serious problems BARLETTA, who have come up with— What we are asking them is to do an with this legislation developed without from the Transportation and Infra- environmental review, but you don’t any input from committee Democrats structure Committee—come up with a have to do review after review after re- or meaningful testimony from the For- good funding mechanism so that we view. If you have done the review the est Service. can address that issue and move us for- first time, it is sufficient, and they I urge my colleagues to vote ‘‘no.’’ ward. have the wisdom and the ability to do I yield back the balance of my time. That, by itself, does not solve our that. Will that destroy our forests? Mr. BISHOP of Utah. Mr. Chairman, problems. We have a land management Heavens, no. I yield myself the balance of my time. issue at the same time. We have a prob- What this will do is have the poten- I appreciate the opportunity to lem with litigation, which basically tial of actually saving our forests, present this bill. I also thank all the stops the efforts of the Forest Service being able to allow the Federal forest many people who have worked from to do their job in their tracks. land to be as resilient, to be as well three different committees on this: As soon as they become sued, they managed as the State and tribal forest Chairman SHUSTER of the Transpor- have to stop moving forward on their lands are because, in State and tribal tation and Infrastructure Committee, program; they have to spend money to forest lands, they don’t have to deal Chairman CONAWAY of the Agriculture defend themselves in a lawsuit, or they with a lot of the issues that stop them Committee, as well as those who work have to try and go through efforts to from actually solving their problems, on the Natural Resources Committee. I try and cover themselves so they don’t but we do on the Federal forest system, am very grateful for the Democrats, get sued in the first place. It does not unless we move forward. Mr. SCHRADER and Mr. DEFAZIO, who work. That is why I appreciate all those have spoken here already in defense of We have heard a lot of comments who have spoken so far on the need of this bill, and for their help and assist- about the inability of being able to sue, moving forward on this particular bill. ance in this. as a poor private citizen doesn’t have We are in the beginning of a fire season As the former Chief of the Forest the right to sue if we pass our bill. that could be catastrophic. We have Service said, we don’t have a fire prob- That is ridiculous. witnessed the results of wildfires in the lem in our Nation’s forests. We have a This only deals with areas that have past. We need to do something now, land management problem, and it been collaboratively worked on—that and we have to move forward.

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.059 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H4995 This is a bill that is common sense. that wildfire funding is an issue that needs to dead trees and to effectively manage the for- It was wonderful to have our hearings, be addressed. As the Ranking Member of the ests in Eastern Washington, and across the listening to the group of people who Subcommittee on Economic Development, country. are experts in this area, being excited Public Buildings, and Emergency Manage- Mr. Chair, I ask this body join me in voting about the opportunity of having the ment, which has jurisdiction over the Robert T. to keep our promise and preserve America’s tools the Forest Service needs to do Stafford Act Disaster Relief and Emergency great resources for generations to come and their job, having the funding the For- Assistance Act (Stafford Act), I think it is ap- call for the Senate to follow suit. est Service needs to do their job, and propriate to amend the Stafford Act to ensure The Acting CHAIR. All time for gen- also have the protection from frivolous similar treatment for wildfires on Federal eral debate has expired. lawsuits the Forest Service needs to do lands. their job. We must give our Forest Some may have concerns that amending In lieu of the amendments in the na- Service personnel the tools they need the Stafford Act will afford the Department of ture of a substitute recommended by to be successful. the Interior and the Forest Service with access the Committee on Agriculture and the If we don’t pass this bill because we to programs and funds intended for other dis- Committee on Natural Resources, want something perfect from on high asters. I agree that these agencies should not printed in the bill, it shall be in order to come down—first, if we don’t pass be eligible for other Stafford Act assistance to consider as an original bill for the this bill, we are going to have a dev- programs nor should these agencies have ac- purpose of amendment under the 5- astating situation coming in our forest cess to funds provided to the Federal Emer- minute rule an amendment in the na- lands and in our Nation this coming gency Management Agency for other types of ture of a substitute consisting of the year. major disasters. But I am confident that the text of Rules Committee Print 114–21, This is an essential step forward. Is it Stafford Act may be amended to treat wildfires modified by the amendment printed in perfect? No. There is a whole lot more on Federal lands as a major disaster without part B of House Report 114–192. That that we need to do, and we will still affecting other programs and funding. It is sim- amendment in the nature of a sub- look forward to those issues; we will ply a matter of establishing a dedicated fund- stitute shall be considered as read. move forward on these issues, but what ing stream specifically for wildfires on Federal The text of the amendment in the na- this does is move us forward in a sig- lands to ensure that these agencies have ac- ture of a substitute is as follows: nificant way. cess to funds outside the discretionary budget H.R. 2647 Does this bill destroy our bedrock en- caps. It is my understanding that this is the in- vironmental laws? Of course not—the tent of Title IX. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in last time I heard people talking about I appreciate Ranking Member DEFAZIO’s in- Congress assembled, bedrock was talking about Wilma and terest and dedication to this issue. Moreover, Fred and Barney. I am sorry; those I thank Chairman SHUSTER for trying to ad- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. laws didn’t save their pet dinosaurs dress this matter. (a) SHORT TITLE.—This Act may be cited as back in those days, either. Mrs. MCMORRIS RODGERS. Mr. Chair, I the ‘‘Resilient Federal Forests Act of 2015’’. We are not going to change anything; rise today to express support for the Resilient (b) TABLE OF CONTENTS.—The table of con- we are not going to move forward; we National Forests Act, and to thank Rep. tents for this Act is as follows: are not going to destroy what we have BRUCE WESTERMAN of Arkansas for his work Sec. 1. Short title; table of contents. gained in the past, but what we are on this important issue. Sec. 2. Definitions. going to do is allow the Forest Service Last summer my home state of Washington to do their job, something they are faced the largest wildfire in state history, burn- TITLE I—EXPEDITED ENVIRONMENTAL stopped from doing now because of pro- ANALYSIS AND AVAILABILITY OF CAT- ing hundreds of thousands of acres. EGORICAL EXCLUSIONS TO EXPEDITE cedural practices, because of litigation, The amount of damage was unprecedented, FOREST MANAGEMENT ACTIVITIES because of lack of funding. All three of but not entirely unexpected. those are addressed in this particular Decades of over-regulation and frivolous Sec. 101. Analysis of only two alternatives piece of legislation. (action versus no action) in proposed col- lawsuits have hindered forest management, laborative forest management activities. It is a great piece of legislation, and and we’ve all paid the price. it needs to go forward. I urge everyone Sec. 102. Categorical exclusion to expedite In Eastern Washington, the Colville National certain critical response actions. in here to realize how we must make Forest has been the economic engine for steps to move forward and pass this bill Sec. 103. Categorical exclusion to expedite Ferry, Stevens, and Pend Oreille counties— salvage operations in response to cata- and get it over to the Senate and onto providing jobs, energy, and recreational oppor- strophic events. the President’s desk so our Forest tunities. Yet, mills have closed, jobs lost, and Sec. 104. Categorical exclusion to meet forest Service can do their jobs. of the 945,410 million acres in the Colville Na- plan goals for early successional forests. Mr. Chairman, I yield back the bal- tional Forest, more than 300,000 are bug in- Sec. 105. Clarification of existing categorical ance of my time. fested. This is unacceptable. exclusion authority related to insect and Mr. CARSON of Indiana. Mr. Chair, I rise to Currently, between one-quarter and one- disease infestation. discuss Title IX of H.R. 2647, the ‘‘Resilient third of all acres of national forest are at risk Sec. 106. Categorical exclusion to improve, re- Federal Forests Act of 2015.’’ of catastrophic wildfire and only 2–3 percent store, and reduce the risk of wildfire. Each year, several hundred small wildfires are being treated each year. Dead, diseased, Sec. 107. Compliance with forest plan. occur within the State of Indiana. Most of and ready-to-ignite timber is just sitting there, these fires are extinguished by our local fire TITLE II—SALVAGE AND REFORESTATION rotting away while the U.S. Forest Service and IN RESPONSE TO CATASTROPHIC EVENTS departments. While the Hoosier State does affected communities are powerless to remove not experience the devastating effects of it. Sec. 201. Expedited salvage operations and re- wildfires that the West does, I understand and As we speak, there are fires burning across forestation activities following large-scale catastrophic events. support the need to ensure that wildfires on the Northwest—in Eastern Washington near Federal lands are treated similar to other my hometown in Stevens County, in the Blue Sec. 202. Compliance with forest plan. major disasters so that they have access to Mountains in Asotin County, and nearby in Sec. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions funds outside the discretionary budget caps. It Central Washington and Northern Idaho. pending appeal. is important that the Department of the Interior We have a responsibility to enact legislation and the Forest Service, which manages the that ensures wildfire fighting is properly funded Sec. 204. Exclusion of certain lands. Hoosier National Forest in southern Indiana, and reduces the risk of future fires. TITLE III—COLLABORATIVE PROJECT have access to sufficient funding to suppress The Resilient National Forests Act is bipar- LITIGATION REQUIREMENT wildfires on Federal lands whenever they tisan, collaborative, and will produce the best Sec. 301. Definitions. occur. possible outcome for all involved parties. Sec. 302. Bond requirement as part of legal Earlier this year, the Committee held a hear- With this legislation, the Forest Service will challenge of certain forest management ing and received testimony that made clear have the tools they need to quickly remove activities.

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TITLE IV—SECURE RURAL SCHOOLS AND (3) COLLABORATIVE PROCESS.—The term ‘‘col- (13) RESOURCE ADVISORY COMMITTEE.—The COMMUNITY SELF-DETERMINATION ACT laborative process’’ refers to a process relating term ‘‘resource advisory committee’’ has the AMENDMENTS to the management of National Forest System meaning given that term in section 201(3) of the Sec. 401. Use of reserved funds for title II lands or public lands by which a project or ac- Secure Rural Schools and Community Self-De- projects on Federal land and certain non- tivity is developed and implemented by the Sec- termination Act of 2000 (16 U.S.C. 7121(3)). Federal land. retary concerned through collaboration with in- (14) SALVAGE OPERATION.—The term ‘‘salvage Sec. 402. Resource advisory committees. terested persons, as described in section operation’’ means a forest management activity Sec. 403. Program for title II self-sustaining 603(b)(1)(C) of the Healthy Forests Restoration undertaken in response to a catastrophic event resource advisory committee projects. Act of 2003 (16 U.S.C. 6591b(b)(1)(C)). whose primary purpose— Sec. 404. Additional authorized use of re- (4) COMMUNITY WILDFIRE PROTECTION PLAN.— (A) is to prevent wildfire as a result of the cat- served funds for title III county projects. The term ‘‘community wildfire protection plan’’ astrophic event, or, if the catastrophic event has the meaning given that term in section TITLE V—STEWARDSHIP END RESULT was wildfire, to prevent a re-burn of the fire-im- 101(3) of the Healthy Forests Restoration Act of CONTRACTING pacted area; 2003 (16 U.S.C. 6511(3)). (B) is to provide an opportunity for utilization Sec. 501. Cancellation ceilings for steward- (5) COOS BAY WAGON ROAD GRANT LANDS.—The of forest materials damaged as a result of the ship end result contracting projects. term ‘‘Coos Bay Wagon Road Grant lands’’ catastrophic event; or Sec. 502. Excess offset value. means the lands reconveyed to the United States Sec. 503. Payment of portion of stewardship (C) is to provide a funding source for reforest- pursuant to the first section of the Act of Feb- ation and other restoration activities for the Na- project revenues to county in which stew- ruary 26, 1919 (40 Stat. 1179). ardship project occurs. tional Forest System lands or public lands im- (6) FOREST MANAGEMENT ACTIVITY.—The term pacted by the catastrophic event. Sec. 504. Submission of existing annual re- ‘‘forest management activity’’ means a project (15) SECRETARY CONCERNED.—The term ‘‘Sec- port. or activity carried out by the Secretary con- retary concerned’’ means— TITLE VI—ADDITIONAL FUNDING cerned on National Forest System lands or pub- SOURCES FOR FOREST MANAGEMENT lic lands in concert with the forest plan covering (A) the Secretary of Agriculture, with respect ACTIVITIES the lands. to National Forest System lands; and (B) the Secretary of the Interior, with respect Sec. 601. Definitions. (7) FOREST PLAN.—The term ‘‘forest plan’’ to public lands. Sec. 602. Availability of stewardship project means— revenues and Collaborative Forest Land- (A) a land use plan prepared by the Bureau of TITLE I—EXPEDITED ENVIRONMENTAL scape Restoration Fund to cover forest Land Management for public lands pursuant to ANALYSIS AND AVAILABILITY OF CAT- management activity planning costs. section 202 of the Federal Land Policy and EGORICAL EXCLUSIONS TO EXPEDITE Sec. 603. State-supported planning of forest Management Act of 1976 (43 U.S.C. 1712); or FOREST MANAGEMENT ACTIVITIES management activities. (B) a land and resource management plan SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES prepared by the Forest Service for a unit of the TITLE VII—TRIBAL FORESTRY (ACTION VERSUS NO ACTION) IN National Forest System pursuant to section 6 of PARTICIPATION AND PROTECTION PROPOSED COLLABORATIVE FOREST the Forest and Rangeland Renewable Resources MANAGEMENT ACTIVITIES. Sec. 701. Protection of tribal forest assets Planning Act of 1974 (16 U.S.C. 1604). (a) APPLICATION TO CERTAIN ENVIRONMENTAL through use of stewardship end result (8) LARGE-SCALE CATASTROPHIC EVENT.—The ASSESSMENTS AND ENVIRONMENTAL IMPACT contracting and other authorities. term ‘‘large-scale catastrophic event’’ means a STATEMENTS.—This section shall apply when- Sec. 702. Management of Indian forest land catastrophic event that adversely impacts at ever the Secretary concerned prepares an envi- authorized to include related National least 5,000 acres of reasonably contiguous Na- ronmental assessment or an environmental im- Forest System lands and public lands. tional Forest System lands or public lands. pact statement pursuant to section 102(2) of the TITLE VIII—MISCELLANEOUS FOREST (9) NATIONAL FOREST SYSTEM.—The term ‘‘Na- National Environmental Policy Act of 1969 (42 MANAGEMENT PROVISIONS tional Forest System’’ has the meaning given U.S.C. 4332(2)) for a forest management activity Sec. 801. Balancing short- and long-term ef- that term in section 11(a) of the Forest and that— fects of forest management activities in Rangeland Renewable Resources Planning Act (1) is developed through a collaborative proc- considering injunctive relief. of 1974 (16 U.S.C. 1609(a)). ess; Sec. 802. Conditions on Forest Service road (10) OREGON AND CALIFORNIA RAILROAD GRANT (2) is proposed by a resource advisory com- decommissioning. LANDS.—The term ‘‘Oregon and California Rail- mittee; or road Grant lands’’ means the following lands: Sec. 803. Prohibition on application of (3) is covered by a community wildfire protec- Eastside Screens requirements on National (A) All lands in the State of Oregon revested tion plan. Forest System lands. in the United States under the Act of June 9, (b) CONSIDERATION OF ALTERNATIVES.—In an 1916 (39 Stat. 218), that are administered by the Sec. 804. Use of site-specific forest plan environmental assessment or environmental im- Secretary of the Interior, acting through the amendments for certain projects and ac- pact statement described in subsection (a), the Bureau of Land Management, pursuant to the tivities. Secretary concerned shall study, develop, and first section of the Act of August 28, 1937 (43 Sec. 805. Knutson-Vandenberg Act modifica- describe only the following two alternatives: tions. U.S.C. 1181a). (B) All lands in that State obtained by the (1) The forest management activity, as pro- Sec. 806. Exclusion of certain National Forest posed pursuant to paragraph (1), (2), or (3) of System lands and public lands. Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 subsection (a). TITLE IX—MAJOR DISASTER FOR of the Act of June 24, 1954 (43 U.S.C. 1181h). (2) The alternative of no action. WILDFIRE ON FEDERAL LAND (C) All lands in that State acquired by the (c) ELEMENTS OF NON-ACTION ALTERNATIVE.— Sec. 901. Wildfire on Federal lands. United States at any time and made subject to In the case of the alternative of no action, the Sec. 902. Declaration of a major disaster for the provisions of title II of the Act of August 28, Secretary concerned shall evaluate— wildfire on Federal lands. 1937 (43 U.S.C. 1181f). (1) the effect of no action on— Sec. 903. Prohibition on transfers. (11) PUBLIC LANDS.—The term ‘‘public lands’’ (A) forest health; SEC. 2. DEFINITIONS. has the meaning given that term in section (B) habitat diversity; In titles I through VIII: 103(e) of the Federal Land Policy and Manage- (C) wildfire potential; and (1) CATASTROPHIC EVENT.—The term ‘‘cata- ment Act of 1976 (43 U.S.C. 1702(e)), except that (D) insect and disease potential; and strophic event’’ means any natural disaster the term includes Coos Bay Wagon Road Grant (2) the implications of a resulting decline in (such as hurricane, tornado, windstorm, snow lands and Oregon and California Railroad forest health, loss of habitat diversity, wildfire, or ice storm, rain storm, high water, wind-driv- Grant lands. or insect or disease infestation, given fire and en water, tidal wave, earthquake, volcanic (12) REFORESTATION ACTIVITY.—The term ‘‘re- insect and disease historic cycles, on— eruption, landslide, mudslide, drought, or insect forestation activity’’ means a project or activity (A) domestic water costs; or disease outbreak) or any fire, flood, or explo- carried out by the Secretary concerned whose sion, regardless of cause. primary purpose is the reforestation of impacted (B) wildlife habitat loss; and (2) CATEGORICAL EXCLUSION.—The term ‘‘cat- lands following a large-scale catastrophic event. (C) other economic and social factors. egorical exclusion’’ refers to an exception to the The term includes planting, evaluating and en- SEC. 102. CATEGORICAL EXCLUSION TO EXPE- requirements of the National Environmental hancing natural regeneration, clearing com- DITE CERTAIN CRITICAL RESPONSE Policy Act of 1969 (42 U.S.C. 4331 et seq.) for a peting vegetation, and other activities related to ACTIONS. project or activity relating to the management of reestablishment of forest species on the fire-im- (a) AVAILABILITY OF CATEGORICAL EXCLU- National Forest System lands or public lands. pacted lands. SION.—A categorical exclusion is available to

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(2) to reduce hazardous fuel loads; (c) ACREAGE LIMITATIONS.—A forest manage- (a) EXPEDITED ENVIRONMENTAL ASSESS- (3) to protect a municipal water source; ment activity covered by the categorical exclu- MENT.—Notwithstanding any other provision of (4) to maintain, enhance, or modify critical sion granted by subsection (a) may not contain law, any environmental assessment prepared by habitat to protect it from catastrophic disturb- harvest units exceeding a total of 5,000 acres. the Secretary concerned pursuant to section ances; SEC. 105. CLARIFICATION OF EXISTING CATEGOR- 102(2) of the National Environmental Policy Act (5) to increase water yield; or of 1969 (42 U.S.C. 4332(2)) for a salvage oper- (6) any combination of the purposes specified ICAL EXCLUSION AUTHORITY RE- LATED TO INSECT AND DISEASE IN- ation or reforestation activity proposed to be in paragraphs (1) through (5). FESTATION. conducted on National Forest System lands or (b) ACREAGE LIMITATIONS.— public lands adversely impacted by a large-scale (1) IN GENERAL.—Except in the case of a forest Section 603(c)(2)(B) of the Healthy Forests catastrophic event shall be completed within management activity described in paragraph (2), Restoration Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) three months after the conclusion of the cata- a forest management activity covered by the cat- is amended by striking ‘‘Fire Regime Groups I, strophic event. egorical exclusion granted by subsection (a) may II, or III’’ and inserting ‘‘Fire Regime I, Fire (b) EXPEDITED IMPLEMENTATION AND COMPLE- not contain harvest units exceeding a total of Regime II, Fire Regime III, or Fire Regime IV’’. TION.—In the case of reforestation activities 5,000 acres. SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, conducted on National Forest System lands or (2) LARGER AREAS AUTHORIZED.—A forest RESTORE, AND REDUCE THE RISK OF public lands adversely impacted by a large-scale management activity covered by the categorical WILDFIRE. catastrophic event, the Secretary concerned exclusion granted by subsection (a) may not (a) AVAILABILITY OF CATEGORICAL EXCLU- shall achieve reforestation of at least 75 percent contain harvest units exceeding a total of 15,000 SION.—A categorical exclusion is available to the of the impacted lands during the five-year pe- acres if the forest management activity— Secretary concerned to carry out a forest man- (A) is developed through a collaborative proc- agement activity described in subsection (c) on riod following the conclusion of the catastrophic ess; National Forest System Lands or public lands event. (B) is proposed by a resource advisory com- when the primary purpose of the activity is to (c) AVAILABILITY OF KNUTSON-VANDENBERG mittee; or improve, restore, or reduce the risk of wildfire FUNDS.—Amounts in the special fund estab- (C) is covered by a community wildfire protec- on those lands. lished pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Van- tion plan. (b) ACREAGE LIMITATIONS.—A forest manage- denberg Act; 16 U.S.C. 576b) shall be available SEC. 103. CATEGORICAL EXCLUSION TO EXPE- ment activity covered by the categorical exclu- to the Secretary of Agriculture for reforestation DITE SALVAGE OPERATIONS IN RE- sion granted by subsection (a) may not exceed activities authorized by this title. SPONSE TO CATASTROPHIC EVENTS. 5,000 acres. (d) TIMELINE FOR PUBLIC INPUT PROCESS.— (a) AVAILABILITY OF CATEGORICAL EXCLU- (c) AUTHORIZED ACTIVITIES.—The following Notwithstanding any other provision of law, in SION.—A categorical exclusion is available to the activities may be carried out using a categorical the case of a salvage operation or reforestation Secretary concerned to develop and carry out a exclusion granted by subsection (a): salvage operation as part of the restoration of activity proposed to be conducted on National (1) Removal of juniper trees, medusahead rye, Forest System lands or public lands adversely National Forest System lands or public lands ˜ conifer trees, pinon pine trees, cheatgrass, and impacted by a large-scale catastrophic event, following a catastrophic event. other noxious or invasive weeds specified on (b) ACREAGE LIMITATIONS.— the Secretary concerned shall allow 30 days for Federal or State noxious weeds lists through (1) IN GENERAL.—A salvage operation covered public scoping and comment, 15 days for filing late-season livestock grazing, targeted livestock by the categorical exclusion granted by sub- an objection, and 15 days for the agency re- grazing, prescribed burns, and mechanical treat- section (a) may not contain harvest units ex- sponse to the filing of an objection. Upon comments. ceeding a total of 5,000 acres. pletion of this process and expiration of the pe- (2) HARVEST AREA.—In addition to the limita- (2) Performance of hazardous fuels manage- riod specified in subsection (a), the Secretary tion imposed by paragraph (1), the harvest units ment. concerned shall implement the project imme- covered by the categorical exclusion granted by (3) Creation of fuel and fire breaks. diately. subsection (a) may not exceed one-third of the (4) Modification of existing fences in order to SEC. 202. COMPLIANCE WITH FOREST PLAN. area impacted by the catastrophic event. distribute livestock and help improve wildlife A salvage operation or reforestation activity (c) ADDITIONAL REQUIREMENTS.— habitat. authorized by this title shall be conducted in a (1) ROAD BUILDING.—A salvage operation cov- (5) Installation of erosion control devices. manner consistent with the forest plan applica- ered by the categorical exclusion granted by (6) Construction of new and maintenance of ble to the National Forest System lands or pub- subsection (a) may not include any new perma- permanent infrastructure, including stock lic lands covered by the salvage operation or re- nent roads. Temporary roads constructed as ponds, water catchments, and water spring forestation activity. part of the salvage operation shall be retired be- boxes used to benefit livestock and improve wild- SEC. 203. PROHIBITION ON RESTRAINING OR- fore the end of the fifth fiscal year beginning life habitat. DERS, PRELIMINARY INJUNCTIONS, after the completion of the salvage operation. (7) Performance of soil treatments, native and AND INJUNCTIONS PENDING AP- (2) STREAM BUFFERS.—A salvage operation non-native seeding, and planting of and trans- PEAL. covered by the categorical exclusion granted by planting sagebrush, grass, forb, shrub, and No restraining order, preliminary injunction, subsection (a) shall comply with the standards other species. or injunction pending appeal shall be issued by and guidelines for stream buffers contained in (8) Use of herbicides, so long as the Secretary any court of the United States with respect to the applicable forest plan unless waived by the concerned determines that the activity is other- any decision to prepare or conduct a salvage op- Regional Forester, in the case of National Forest wise conducted consistently with agency proce- eration or reforestation activity in response to a System lands, or the State Director of the Bu- dures, including any forest plan applicable to large-scale catastrophic event. Section 705 of reau of Land Management, in the case of public the area covered by the activity. title 5, United States Code, shall not apply to lands. (d) DEFINITIONS.—In this section: any challenge to the salvage operation or refor- (3) REFORESTATION PLAN.—A reforestation (1) HAZARDOUS FUELS MANAGEMENT.—The estation activity. plan shall be developed under section 3 of the term ‘‘hazardous fuels management’’ means any SEC. 204. EXCLUSION OF CERTAIN LANDS. Act of June 9, 1930 (commonly known as the vegetation management activities that reduce In applying this title, the Secretary concerned Knutson-Vandenberg Act; 16 U.S.C. 576b), as the risk of wildfire. may not carry out salvage operations or refor- part of a salvage operation covered by the cat- (2) LATE-SEASON GRAZING.—The term ‘‘late- estation activities on National Forest System egorical exclusion granted by subsection (a). season grazing’’ means grazing activities that lands or public lands— SEC. 104. CATEGORICAL EXCLUSION TO MEET occur after both the invasive species and native (1) that are included in the National Wilder- FOREST PLAN GOALS FOR EARLY perennial species have completed their current- ness Preservation System; SUCCESSIONAL FORESTS. year annual growth cycle until new plant (2) that are located within an inventoried (a) AVAILABILITY OF CATEGORICAL EXCLU- growth begins to appear in the following year. roadless area unless the reforestation activity is SION.—A categorical exclusion is available to the consistent with the forest plan; or Secretary concerned to develop and carry out a (3) TARGETED LIVESTOCK GRAZING.—The term (3) on which timber harvesting for any pur- forest management activity on National Forest ‘‘targeted livestock grazing’’ means grazing used pose is prohibited by statute. System lands or public lands when the primary for purposes of hazardous fuel reduction. purpose of the forest management activity is to SEC. 107. COMPLIANCE WITH FOREST PLAN. TITLE III—COLLABORATIVE PROJECT modify, improve, enhance, or create early suc- A forest management activity covered by a LITIGATION REQUIREMENT cessional forests for wildlife habitat improve- categorical exclusion granted by this title shall SEC. 301. DEFINITIONS. ment and other purposes, consistent with the be conducted in a manner consistent with the In this title: applicable forest plan. forest plan applicable to the National Forest (1) COSTS.—The term ‘‘costs’’ refers to the fees (b) PROJECT GOALS.—To the maximum extent System land or public lands covered by the for- and costs described in section 1920 of title 28, practicable, the Secretary concerned shall de- est management activity. United States Code.

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(2) EXPENSES.—The term ‘‘expenses’’ includes TITLE IV—SECURE RURAL SCHOOLS AND paragraph. The charter of a resource advisory the expenditures incurred by the staff of the COMMUNITY SELF-DETERMINATION ACT committee shall be reapproved before the expira- Secretary concerned in preparing for and re- AMENDMENTS tion of the existing charter of the resource advi- sponding to a legal challenge to a collaborative SEC. 401. USE OF RESERVED FUNDS FOR TITLE II sory committee. In the case of a new resource forest management activity and in participating PROJECTS ON FEDERAL LAND AND advisory committee, the charter of the resource in litigation that challenges the forest manage- CERTAIN NON-FEDERAL LAND. advisory committee shall be approved within 90 ment activity, including such staff time as may (a) REPEAL OF MERCHANTABLE TIMBER CON- days after the date on which the decision to be used to prepare the administrative record, ex- TRACTING PILOT PROGRAM.—Section 204(e) of form the new resource advisory committee was hibits, declarations, and affidavits in connec- the Secure Rural Schools and Community Self- made.’’. tion with the litigation. Determination Act of 2000 (16 U.S.C. 7124(e)) is (c) CONFORMING CHANGE TO PROJECT AP- PROVAL EQUIREMENTS SEC. 302. BOND REQUIREMENT AS PART OF amended by striking paragraph (3). R .—Section 205(e)(3) of the LEGAL CHALLENGE OF CERTAIN (b) REQUIREMENTS FOR PROJECT FUNDS.—Sec- Secure Rural Schools and Community Self-De- FOREST MANAGEMENT ACTIVITIES. tion 204 of the Secure Rural Schools and Com- termination Act of 2000 (16 U.S.C. 7125(e)(3)) is (a) BOND REQUIRED.—In the case of a forest munity Self-Determination Act of 2000 (16 amended by adding at the end the following management activity developed through a col- U.S.C. 7124) is amended by striking subsection new sentence: ‘‘In the case of a resource advi- laborative process or proposed by a resource ad- (f) and inserting the following new subsection: sory committee consisting of fewer than 15 mem- visory committee, any plaintiff or plaintiffs ‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— bers, as authorized by subsection (d)(6), a challenging the forest management activity ‘‘(1) IN GENERAL.—Subject to paragraph (2), project may be proposed to the Secretary con- shall be required to post a bond or other security the Secretary concerned shall ensure that at cerned upon approval by a majority of the mem- equal to the anticipated costs, expenses, and at- least 50 percent of the project funds reserved by bers of the committee, including at least 1 mem- torneys fees of the Secretary concerned as de- a participating county under section 102(d) ber from each of the 3 categories described in fendant, as reasonably estimated by the Sec- shall be available only for projects that— subsection (d)(2).’’. XPANDING LOCAL PARTICIPATION ON COM- retary concerned. All proceedings in the action ‘‘(A) include the sale of timber or other forest (d) E MITTEES.—Section 205(d) of the Secure Rural shall be stayed until the required bond or secu- products, reduce fire risks, or improve water Schools and Community Self-Determination Act rity is provided. supplies; and ‘‘(B) implement stewardship objectives that of 2000 (16 U.S.C. 7125(d)) is amended— (b) RECOVERY OF LITIGATION COSTS, EX- (1) in paragraph (3), by inserting before the PENSES, AND ATTORNEYS FEES.— enhance forest ecosystems or restore and improve land health and water quality. period at the end the following: ‘‘, consistent (1) MOTION FOR PAYMENT.—If the Secretary ‘‘(2) APPLICABILITY.—The requirement in with the requirements of paragraph (4)’’; and concerned prevails in an action challenging a (2) by striking paragraph (4) and inserting the forest management activity described in subparagraph (1) shall apply only to project funds reserved by a participating county whose following new paragraph: section (a), the Secretary concerned shall submit ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The members boundaries include Federal land that the Sec- to the court a motion for payment, from the of a resource advisory committee shall reside retary concerned determines has been subject to bond or other security posted under subsection within the county or counties in which the com- a timber or other forest products program within (a) in such action, of the reasonable costs, ex- mittee has jurisdiction or an adjacent county.’’. penses, and attorneys fees incurred by the Sec- 5 fiscal years before the fiscal year in which the funds are reserved.’’. SEC. 403. PROGRAM FOR TITLE II SELF-SUS- retary concerned. TAINING RESOURCE ADVISORY COM- SEC. 402. RESOURCE ADVISORY COMMITTEES. (2) MAXIMUM AMOUNT RECOVERED.—The MITTEE PROJECTS. amount of costs, expenses, and attorneys fees re- (a) RECOGNITION OF RESOURCE ADVISORY (a) SELF-SUSTAINING RESOURCE ADVISORY covered by the Secretary concerned under para- COMMITTEES.—Section 205(a)(4) of the Secure COMMITTEE PROJECTS.—Title II of the Secure graph (1) as a result of prevailing in an action Rural Schools and Community Self-Determina- Rural Schools and Community Self-Determina- challenging the forest management activity may tion Act of 2000 (16 U.S.C. 7125(a)(4)) is amend- tion Act of 2000 (16 U.S.C. 7121 et seq.) is amend- not exceed the amount of the bond or other se- ed by striking ‘‘2012’’ each place it appears and ed by adding at the end the following new sec- curity posted under subsection (a) in such ac- inserting ‘‘2020’’. tion: tion. (b) TEMPORARY REDUCTION IN COMPOSITION ‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RE- OF COMMITTEES.—Section 205(d) of the Secure SOURCE ADVISORY COMMITTEE (3) RETURN OF REMAINDER.—Any funds re- PROJECTS. maining from the bond or other security posted Rural Schools and Community Self-Determina- tion Act of 2000 (16 U.S.C. 7125(d)) is amended— ‘‘(a) RAC PROGRAM.—The Chief of the Forest under subsection (a) after the payment of costs, Service shall conduct a program (to be known as expenses, and attorneys fees under paragraph (1) in paragraph (1), by striking ‘‘Each’’ and inserting ‘‘Except during the period specified in the ‘self-sustaining resource advisory committee (1) shall be returned to the plaintiff or plaintiffs program’ or ‘RAC program’) under which 10 re- that posted the bond or security in the action. paragraph (6), each’’; and (2) by adding at the end the following new source advisory committees will propose projects (c) RETURN OF BOND TO PREVAILING PLAIN- paragraph: authorized by subsection (c) to be carried out TIFF.— ‘‘(6) TEMPORARY REDUCTION IN MINIMUM NUM- using project funds reserved by a participating (1) IN GENERAL.—If the plaintiff ultimately BER OF MEMBERS.— county under section 102(d). prevails on the merits in every action brought by ‘‘(A) TEMPORARY REDUCTION.—During the pe- ‘‘(b) SELECTION OF PARTICIPATING RESOURCE the plaintiff challenging a forest management riod beginning on the date of the enactment of ADVISORY COMMITTEES.—The selection of re- activity described in subsection (a), the court this paragraph and ending on September 30, source advisory committees to participate in the shall return to the plaintiff any bond or security 2020, a resource advisory committee established RAC program is in the sole discretion of the provided by the plaintiff under subsection (a), under this section may be comprised of 9 or more Chief of the Forest Service, except that, con- plus interest from the date the bond or security members, of which— sistent with section 205(d)(6), a selected resource was provided. ‘‘(i) at least 3 shall be representative of inter- advisory committee must have a minimum of 6 (2) ULTIMATELY PREVAILS ON THE MERITS.—In ests described in subparagraph (A) of paragraph members. this subsection, the phrase ‘‘ultimately prevails (2); ‘‘(c) AUTHORIZED PROJECTS.—Notwith- on the merits’’ means, in a final enforceable ‘‘(ii) at least 3 shall be representative of inter- standing the project purposes specified in sec- judgment on the merits, a court rules in favor of ests described in subparagraph (B) of paragraph tions 202(b), 203(c), and 204(a)(5), projects under the plaintiff on every cause of action in every (2); and the RAC program are intended to— action brought by the plaintiff challenging the ‘‘(iii) at least 3 shall be representative of inter- ‘‘(1) accomplish forest management objectives forest management activity. ests described in subparagraph (C) of paragraph or support community development; and ‘‘(2) generate receipts. (d) EFFECT OF SETTLEMENT.—If a challenge to (2). ‘‘(d) DEPOSIT AND AVAILABILITY OF REVE- a forest management activity described in sub- ‘‘(B) ADDITIONAL REQUIREMENTS.—In appoint- NUES.—Any revenue generated by a project con- section (a) for which a bond or other security ing members of a resource advisory committee ducted under the RAC program, including any was provided by the plaintiff under such sub- from the 3 categories described in paragraph (2), interest accrued from the revenues, shall be— section is resolved by settlement between the as provided in subparagraph (A), the Secretary ‘‘(1) deposited in the special account in the Secretary concerned and the plaintiff, the settle- concerned shall ensure balanced and broad rep- Treasury established under section 102(d)(2)(A); ment agreement shall provide for sharing the resentation in each category. In the case of a and costs, expenses, and attorneys fees incurred by vacancy on a resource advisory committee, the ‘‘(2) available, in such amounts as may be the parties. vacancy shall be filled within 90 days after the provided in advance in appropriation Acts, for (e) LIMITATION ON CERTAIN PAYMENTS.—Not- date on which the vacancy occurred. Appoint- additional projects under the RAC program. withstanding section 1304 of title 31, United ments to a new resource advisory committee ‘‘(e) TERMINATION OF AUTHORITY.— States Code, no award may be made under sec- shall be made within 90 days after the date on ‘‘(1) IN GENERAL.—The authority to initiate a tion 2412 of title 28, United States Code, and no which the decision to form the new resource ad- project under the RAC program shall terminate amounts may be obligated or expended from the visory committee was made. on September 30, 2020. Claims and Judgment Fund of the United States ‘‘(C) CHARTER.—A charter for a resource advi- ‘‘(2) DEPOSITS IN TREASURY.—Any funds Treasury to pay any fees or other expenses sory committee with 15 members that was filed available for projects under the RAC program under such sections to any plaintiff related to on or before the date of the enactment of this and not obligated by September 30, 2021, shall be an action challenging a forest management ac- paragraph shall be considered to be filed for a deposited in the Treasury of the United tivity described in subsection (a). resource advisory committee described in this States.’’.

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(b) EXCEPTION TO GENERAL RULE REGARDING may be, shall transmit a copy of the notice to ‘‘(i) at the project site from which the monies TREATMENT OF RECEIPTS.—Section 403(b) of the the Director of the Office of Management and are collected or at another project site; and Secure Rural Schools and Community Self-De- Budget.’’. ‘‘(ii) to cover not more than 25 percent of the termination Act of 2000 (16 U.S.C. 7153(b)) is (b) RELATION TO OTHER LAWS.—Section cost of planning additional stewardship con- amended by striking ‘‘All revenues’’ and insert- 604(d)(5) of the Healthy Forests Restoration Act tracting projects.’’. ing ‘‘Except as provided in section 209, all reve- of 2003 (16 U.S.C. 6591c(d)(5)) is amended by (b) AVAILABILITY OF COLLABORATIVE FOREST nues’’. striking ‘‘, the Chief may’’ and inserting ‘‘and LANDSCAPE RESTORATION FUND.—Section SEC. 404. ADDITIONAL AUTHORIZED USE OF RE- section 2(a)(1) of the Act of July 31, 1947 (com- 4003(f)(1) of the Omnibus Public Land Manage- SERVED FUNDS FOR TITLE III COUN- monly known as the Materials Act of 1947; 30 ment Act of 2009 (16 U.S.C. 7303(f)(1)) is amend- TY PROJECTS. U.S.C. 602(a)(1)), the Chief and the Director ed by striking ‘‘carrying out and’’ and inserting Section 302(a) of the Secure Rural Schools and may’’. ‘‘planning, carrying out, and’’. Community Self-Determination Act of 2000 (16 SEC. 502. EXCESS OFFSET VALUE. SEC. 603. STATE-SUPPORTED PLANNING OF FOR- U.S.C. 7142(a)) is amended— Section 604(g)(2) of the Healthy Forests Res- EST MANAGEMENT ACTIVITIES. (1) in paragraph (2)— toration Act of 2003 (16 U.S.C. 6591c(g)(2)) is (a) STATE-SUPPORTED FOREST MANAGEMENT (A) by inserting ‘‘and law enforcement pa- amended by striking subparagraphs (A) and (B) FUND.—There is established in the Treasury of trols’’ after ‘‘including firefighting’’; and and inserting the following new subparagraphs: the United States a fund, to be known as the (B) by striking ‘‘and’’ at the end; ‘‘(A) use the excess to satisfy any outstanding ‘‘State-Supported Forest Management Fund’’, (2) by redesignating paragraph (3) as para- liabilities for cancelled agreements or contracts; to cover the cost of planning (especially related graph (4); and or to compliance with section 102(2) of the National (3) by inserting after paragraph (2) the fol- ‘‘(B) if there are no outstanding liabilities Environmental Policy Act of 1969 (42 U.S.C. lowing new paragraph (3): under subparagraph (A), apply the excess to 4332(2))), carrying out, and monitoring certain ‘‘(3) to cover training costs and equipment other authorized stewardship projects.’’. forest management activities on National Forest purchases directly related to the emergency SEC. 503. PAYMENT OF PORTION OF STEWARD- System lands or public lands. services described in paragraph (2); and’’. SHIP PROJECT REVENUES TO COUN- (b) CONTENTS.—The State-Supported Forest SEC. 405. TREATMENT AS SUPPLEMENTAL FUND- TY IN WHICH STEWARDSHIP Management Fund shall consist of such PROJECT OCCURS. ING. amounts as may be— Section 604(e) of the Healthy Forests Restora- Section 102 of the Secure Rural Schools and (1) contributed by an eligible entity for deposit tion Act of 2003 (16 U.S.C. 6591c(e)) is amend- Community Self-Determination Act of 2000 (16 in the Fund; U.S.C. 7112) is amended by adding at the end ed— (1) in paragraph (2)(B), by inserting ‘‘subject (2) appropriated to the Fund; or the following new subsection: (3) generated by forest management activities ‘‘(f) TREATMENT AS SUPPLEMENTAL FUND- to paragraph (3)(A),’’ before ‘‘shall’’; and (2) in paragraph (3)(A), by striking ‘‘services carried out using amounts in the Fund. ING.—None of the funds made available to a (c) GEOGRAPHICAL AND USE LIMITATIONS.—In beneficiary county or other political subdivision received by the Chief or the Director’’ and all that follows through the period at the end and making a contribution under subsection (b)(1), of a State under this Act shall be used in lieu of an eligible entity may— or to otherwise offset State funding sources for inserting the following: ‘‘services and in-kind resources received by the Chief or the Director (1) specify the National Forest System lands local schools, facilities, or educational pur- or public lands for which the contribution may poses.’’. under a stewardship contract project conducted under this section shall not be considered mon- be expended; and TITLE V—STEWARDSHIP END RESULT ies received from the National Forest System or (2) limit the types of forest management activi- CONTRACTING the public lands, but any payments made by the ties for which the contribution may be ex- SEC. 501. CANCELLATION CEILINGS FOR STEW- contractor to the Chief or Director under the pended. ARDSHIP END RESULT CON- project shall be considered monies received from (d) AUTHORIZED FOREST MANAGEMENT ACTIVI- TRACTING PROJECTS. the National Forest System or the public TIES.—In such amounts as may be provided in (a) CANCELLATION CEILINGS.—Section 604 of lands.’’. advance in appropriation Acts, the Secretary concerned may use the Fund to plan, carry out, the Healthy Forests Restoration Act of 2003 (16 SEC. 504. SUBMISSION OF EXISTING ANNUAL RE- U.S.C. 6591c) is amended— PORT. and monitor a forest management activity (1) by redesignating subsections (h) and (i) as Subsection (j) of section 604 of the Healthy that— subsections (i) and (j), respectively; and Forests Restoration Act of 2003 (16 U.S.C. 6591c), (1) is developed through a collaborative proc- (2) by inserting after subsection (g) the fol- as redesignated by section 501(a)(1), is amended ess; lowing new subsection (h): by striking ‘‘report to the Committee on Agri- (2) is proposed by a resource advisory com- ‘‘(h) CANCELLATION CEILINGS.— culture, Nutrition, and Forestry of the Senate mittee; or ‘‘(1) IN GENERAL.—The Chief and the Director and the Committee on Agriculture of the House (3) is covered by a community wildfire protec- may obligate funds to cover any potential can- of Representatives’’ and inserting ‘‘submit to the tion plan. cellation or termination costs for an agreement congressional committees specified in subsection (e) IMPLEMENTATION METHODS.—A forest or contract under subsection (b) in stages that (h)(2) a report’’. management activity carried out using amounts are economically or programmatically viable. in the Fund may be carried out using a contract TITLE VI—ADDITIONAL FUNDING ‘‘(2) ADVANCE NOTICE TO CONGRESS OF CAN- or agreement under section 604 of the Healthy SOURCES FOR FOREST MANAGEMENT CELLATION CEILING IN EXCESS OF $25,000,000.—Not Forests Restoration Act of 2003 (16 U.S.C. 6591c), ACTIVITIES later than 30 days before entering into a the good neighbor authority provided by section multiyear agreement or contract under sub- SEC. 601. DEFINITIONS. 8206 of the Agricultural Act of 2014 (16 U.S.C. section (b) that includes a cancellation ceiling In this title: 2113a), a contract under section 14 of the Na- in excess of $25,000,000, but does not include (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- tional Forest Management Act of 1976 (16 U.S.C. proposed funding for the costs of cancelling the ty’’ means— 472a), or other authority available to the Sec- agreement or contract up to such cancellation (A) a State or political subdivision of a State retary concerned, but revenues generated by the ceiling, the Chief or the Director, as the case containing National Forest System lands or pub- forest management activity shall be used to re- may be, shall submit to the Committee on En- lic lands; imburse the Fund for planning costs covered ergy and Natural Resources and the Committee (B) a publicly chartered utility serving one or using amounts in the Fund. more States or a political subdivision thereof; on Agriculture, Nutrition, and Forestry of the (f) RELATION TO OTHER LAWS.— (C) a rural electric company; and Senate and the Committee on Natural Resources (1) REVENUE SHARING.—Subject to subsection (D) any other entity determined by the Sec- and the Committee on Agriculture of the House (e), revenues generated by a forest management retary concerned to be appropriate for partici- of Representatives a written notice that in- activity carried out using amounts from the pation in the Fund. cludes— Fund shall be considered monies received from (2) FUND.—The term ‘‘Fund’’ means the State- ‘‘(A) the cancellation ceiling amounts pro- the National Forest System. Supported Forest Management Fund established posed for each program year in the agreement or (2) KNUTSON-VANDERBERG ACT.—The Act of by section 603. contract; June 9, 1930 (commonly known as the Knutson- ‘‘(B) the reasons why such cancellation ceil- SEC. 602. AVAILABILITY OF STEWARDSHIP Vanderberg Act; 16 U.S.C. 576 et seq.), shall PROJECT REVENUES AND COLLABO- ing amounts were selected; RATIVE FOREST LANDSCAPE RES- apply to any forest management activity carried ‘‘(C) the extent to which the costs of contract TORATION FUND TO COVER FOREST out using amounts in the Fund. cancellation are not included in the budget for MANAGEMENT ACTIVITY PLANNING (g) TERMINATION OF FUND.— the agreement or contract; and COSTS. (1) TERMINATION.—The Fund shall terminate ‘‘(D) an assessment of the financial risk of not (a) AVAILABILITY OF STEWARDSHIP PROJECT 10 years after the date of the enactment of this including budgeting for the costs of agreement REVENUES.—Section 604(e)(2)(B) of the Healthy Act. or contract cancellation. Forests Restoration Act of 2003 (16 U.S.C. (2) EFFECT OF TERMINATION.—Upon the termi- ‘‘(3) TRANSMITTAL OF NOTICE TO OMB.—Not 6591c(e)(2)(B)), as amended by section 503, is nation of the Fund pursuant to paragraph (1) later than 14 days after the date on which writ- further amended by striking ‘‘appropriation at or pursuant to any other provision of law, un- ten notice is provided under paragraph (2) with the project site from which the monies are col- obligated contributions remaining in the Fund respect to an agreement or contract under sub- lected or at another project site.’’ and inserting shall be returned to the eligible entity that made section (b), the Chief or the Director, as the case the following: ‘‘appropriation— the contribution.

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JY7.038 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5000 CONGRESSIONAL RECORD — HOUSE July 9, 2015 TITLE VII—TRIBAL FORESTRY ‘‘(A) provide for continued public access ap- SEC. 803. PROHIBITION ON APPLICATION OF PARTICIPATION AND PROTECTION plicable to the Federal forest land prior to the EASTSIDE SCREENS REQUIREMENTS agreement, except that the Secretary concerned ON NATIONAL FOREST SYSTEM SEC. 701. PROTECTION OF TRIBAL FOREST AS- LANDS. SETS THROUGH USE OF STEWARD- may limit or prohibit such access as needed; On and after the date of the enactment of this SHIP END RESULT CONTRACTING ‘‘(B) continue sharing revenue generated by Act, the Secretary of Agriculture may not apply AND OTHER AUTHORITIES. the Federal forest land with State and local gov- to National Forest System lands any of the (a) PROMPT CONSIDERATION OF TRIBAL RE- ernments either— amendments to forest plans adopted in the Deci- QUESTS.—Section 2(b) of the Tribal Forest Pro- ‘‘(i) on the terms applicable to the Federal for- sion Notice for the Revised Continuation of In- tection Act of 2004 (25 U.S.C. 3115a(b)) is amend- est land prior to the agreement, including, terim Management Direction Establishing Ri- ed— where applicable, 25-percent payments or 50 per- parian, Ecosystem and Wildlife Standards for (1) in paragraph (1), by striking ‘‘Not later cent payments; or Timber Sales (commonly known as the Eastside than 120 days after the date on which an Indian ‘‘(ii) at the option of the Indian tribe, on Screens requirements), including all preceding tribe submits to the Secretary’’ and inserting terms agreed upon by the Indian tribe, the Sec- or associated versions of these amendments. ‘‘In response to the submission by an Indian retary concerned, and State and county govern- tribe of’’; and ments participating in a revenue sharing agree- SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN (2) by adding at the end the following new AMENDMENTS FOR CERTAIN ment for the Federal forest land; paragraph: PROJECTS AND ACTIVITIES. ‘‘(C) comply with applicable prohibitions on ‘‘(4) TIME PERIODS FOR CONSIDERATION.— If the Secretary concerned determines that, in ‘‘(A) INITIAL RESPONSE.—Not later than 120 the export of unprocessed logs harvested from order to conduct a project or carry out an activ- days after the date on which the Secretary re- the Federal forest land; ity implementing a forest plan, an amendment ceives a tribal request under paragraph (1), the ‘‘(D) recognize all right-of-way agreements in to the forest plan is required, the Secretary con- Secretary shall provide an initial response to the place on Federal forest land prior to commence- cerned shall execute such amendment as a non- Indian tribe regarding— ment of tribal management activities; and significant plan amendment through the record ‘‘(i) whether the request may meet the selec- ‘‘(E) ensure that all commercial timber re- of decision or decision notice for the project or tion criteria described in subsection (c); and moved from the Federal forest land is sold on a activity. ‘‘(ii) the likelihood of the Secretary entering competitive bid basis. SEC. 805. KNUTSON-VANDENBERG ACT MODIFICA- into an agreement or contract with the Indian ‘‘(3) LIMITATION.—Treating Federal forest TIONS. tribe under paragraph (2) for activities described land as Indian forest land for purposes of plan- (a) DEPOSITS OF FUNDS FROM NATIONAL FOR- in paragraph (3). ning and conducting management activities pur- EST TIMBER PURCHASERS REQUIRED.—Section ‘‘(B) NOTICE OF DENIAL.—Notice under sub- suant to paragraph (1) shall not be construed to 3(a) of the Act of June 9, 1930 (commonly known section (d) of the denial of a tribal request designate the Federal forest land as Indian for- as the Knutson-Vandenberg Act; 16 U.S.C. under paragraph (1) shall be provided not later est lands for any other purpose. 576b(a)), is amended by striking ‘‘The Sec- than one year after the date on which the Sec- ‘‘(4) DEFINITIONS.—In this subsection: retary’’ and all that follows through ‘‘any pur- retary received the request. ‘‘(A) FEDERAL FOREST LAND.—The term ‘Fed- chaser’’ and inserting the following: ‘‘The Sec- ‘‘(C) COMPLETION.—Not later than two years eral forest land’ means— retary of Agriculture shall require each pur- after the date on which the Secretary receives a ‘‘(i) National Forest System lands; and chaser’’. tribal request under paragraph (1), other than a ‘‘(ii) public lands (as defined in section 103(e) (b) CONDITIONS ON USE OF DEPOSITS.—Section tribal request denied under subsection (d), the of the Federal Land Policy and Management 3 of the Act of June 9, 1930 (commonly known as Secretary shall— Act of 1976 (43 U.S.C. 1702(e))), including Coos the Knutson-Vandenberg Act; 16 U.S.C. 576b), is ‘‘(i) complete all environmental reviews nec- Bay Wagon Road Grant lands reconveyed to the amended— essary in connection with the agreement or con- United States pursuant to the first section of the (1) by striking ‘‘Such deposits’’ and inserting tract and proposed activities under the agree- Act of February 26, 1919 (40 Stat. 1179), and Or- the following: ment or contract; and egon and California Railroad Grant lands. ‘‘(b) Amounts deposited under subsection (a)’’; ‘‘(ii) enter into the agreement or contract with ‘‘(B) SECRETARY CONCERNED.—The term ‘Sec- (2) by redesignating subsection (c) as sub- the Indian tribe under paragraph (2).’’. retary concerned’ means— section (d); and (b) CONFORMING AND TECHNICAL AMEND- ‘‘(i) the Secretary of Agriculture, with respect (3) by inserting before subsection (d), as so re- MENTS.—Section 2 of the Tribal Forest Protec- designated, the following new subsection (c): tion Act of 2004 (25 U.S.C. 3115a) is amended— to the Federal forest land referred to in subparagraph (A)(i); and ‘‘(c)(1) Amounts in the special fund estab- (1) in subsections (b)(1) and (f)(1), by striking lished pursuant to this section— ‘‘(ii) the Secretary of the Interior, with respect ‘‘section 347 of the Department of the Interior ‘‘(A) shall be used exclusively to implement to the Federal forest land referred to in sub- and Related Agencies Appropriations Act, 1999 activities authorized by subsection (a); and (16 U.S.C. 2104 note; Public Law 105–277) (as paragraph (A)(ii).’’. ‘‘(B) may be used anywhere within the Forest amended by section 323 of the Department of the TITLE VIII—MISCELLANEOUS FOREST Service Region from which the original deposits Interior and Related Agencies Appropriations MANAGEMENT PROVISIONS were collected. Act, 2003 (117 Stat. 275))’’ and inserting ‘‘section SEC. 801. BALANCING SHORT- AND LONG-TERM ‘‘(2) The Secretary of Agriculture may not de- 604 of the Healthy Forests Restoration Act of EFFECTS OF FOREST MANAGEMENT duct overhead costs from the funds collected 2003 (16 U.S.C. 6591c)’’; and ACTIVITIES IN CONSIDERING IN- under subsection (a), except as needed to fund (2) in subsection (d), by striking ‘‘subsection JUNCTIVE RELIEF. personnel of the responsible Ranger District for (b)(1), the Secretary may’’ and inserting ‘‘para- As part of its weighing the equities while con- the planning and implementation of the activi- graphs (1) and (4)(B) of subsection (b), the Sec- sidering any request for an injunction that ap- ties authorized by subsection (a).’’. retary shall’’. plies to any agency action as part of a forest SEC. 806. EXCLUSION OF CERTAIN NATIONAL SEC. 702. MANAGEMENT OF INDIAN FOREST LAND management activity under titles I through FOREST SYSTEM LANDS AND PUBLIC AUTHORIZED TO INCLUDE RELATED VIII, the court reviewing the agency action LANDS. NATIONAL FOREST SYSTEM LANDS shall balance the impact to the ecosystem likely Unless specifically provided by a provision of AND PUBLIC LANDS. affected by the forest management activity of— titles I through VIII, the authorities provided by Section 305 of the National Indian Forest Re- (1) the short- and long-term effects of under- such titles do not apply with respect to any Na- sources Management Act (25 U.S.C. 3104) is taking the agency action; against tional Forest System lands or public lands— amended by adding at the end the following (2) the short- and long-term effects of not un- (1) that are included in the National Wilder- new subsection: dertaking the action. ness Preservation System; ‘‘(c) INCLUSION OF CERTAIN NATIONAL FOREST (2) that are located within an inventoried SYSTEM LAND AND PUBLIC LAND.— SEC. 802. CONDITIONS ON FOREST SERVICE ROAD roadless area unless the forest management ac- DECOMMISSIONING. ‘‘(1) AUTHORITY.—At the request of an Indian tivity to be carried out under such authority is (a) CONSULTATION WITH AFFECTED COUNTY.— tribe, the Secretary concerned may treat Federal consistent with the forest plan applicable to the Whenever any Forest Service defined mainte- forest land as Indian forest land for purposes of area; or planning and conducting forest land manage- nance level one or two system road within a des- (3) on which timber harvesting for any pur- ment activities under this section if the Federal ignated high fire prone area of a unit of the Na- pose is prohibited by statute. forest land is located within, or mostly within, tional Forest System is considered for decommissioning, the Forest Supervisor of that unit of the SEC. 807. APPLICATION OF NORTHWEST FOREST a geographic area that presents a feature or in- PLAN SURVEY AND MANAGE MITIGA- volves circumstances principally relevant to that National Forest System shall— TION MEASURE STANDARD AND Indian tribe, such as Federal forest land ceded (1) consult with the government of the county GUIDELINES. to the United States by treaty, Federal forest containing the road regarding the merits and The Northwest Forest Plan Survey and Man- land within the boundaries of a current or possible consequences of decommissioning the age Mitigation Measure Standard and Guide- former reservation, or Federal forest land adju- road; and lines shall not apply to any National Forest dicated to be tribal homelands. (2) solicit possible alternatives to decommis- System lands or public lands. ‘‘(2) REQUIREMENTS.—As part of the agree- sioning the road. SEC. 808. MANAGEMENT OF BUREAU OF LAND ment to treat Federal forest land as Indian for- (b) REGIONAL FORESTER APPROVAL.—A Forest MANAGEMENT LANDS IN WESTERN est land under paragraph (1), the Secretary con- Service road described in subsection (a) may not OREGON. cerned and the Indian tribe making the request be decommissioned without the advance ap- (a) GENERAL RULE.—All of the public land shall— proval of the Regional Forester. managed by the Bureau of Land Management

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JY7.039 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5001 in the Salem District, Eugene District, Roseburg TITLE IX—MAJOR DISASTER FOR cies per year for wildfire suppression operations, District, Coos Bay District, Medford District WILDFIRE ON FEDERAL LAND including the suppression costs in excess of ap- and the Klamath Resource Area of the SEC. 901. WILDFIRE ON FEDERAL LANDS. propriated amounts, over the previous ten fiscal Lakeview District in the State of Oregon shall Section 102(2) of the Robert T. Stafford Dis- years; hereafter be managed pursuant to title I of the aster Relief and Emergency Assistance Act (42 ‘‘(3) certify that the amount available for Act of August 28, 1937 (43 U.S.C. 1181a through U.S.C. 5122(2)) is amended— wildfire suppression operations of the Federal 1181e). Except as provided in subsection (b), all (1) by striking ‘‘(2)’’ and all that follows land management agencies under the jurisdic- of the revenue produced from such land shall be through ‘‘means’’ and inserting the following: tion of the respective Secretary will be obligated deposited in the Treasury of the United States ‘‘(2) MAJOR DISASTER.— not later than 30 days after such Secretary noti- in the Oregon and California land-grant fund ‘‘(A) MAJOR DISASTER.—The term ‘major dis- fies the President that wildfire suppression and be subject to the provisions of title II of the aster’ means’’; and funds will be exhausted to fund ongoing and Act of August 28, 1937 (43 U.S.C. 1181f). (2) by adding at the end the following: anticipated wildfire suppression operations re- (b) CERTAIN LANDS EXCLUDED.—Subsection ‘‘(B) MAJOR DISASTER FOR WILDFIRE ON FED- lated to the wildfire on which the request for (a) does not apply to any revenue that is re- ERAL LANDS.—The term ‘major disaster for wild- the declaration of a major disaster for wildfire quired to be deposited in the Coos Bay Wagon fire on Federal lands’ means any wildfire or on Federal lands pursuant to this title is based; Road grant fund pursuant to sections 1 through wildfires, which in the determination of the and 4 of the Act of May 24, 1939 (43 U.S.C. 1181–f President under section 802 warrants assistance ‘‘(4) specify the amount required in the cur- through f–4). under section 803 to supplement the efforts and rent fiscal year to fund wildfire suppression operations related to the wildfire on which the re- SEC. 809. BUREAU OF LAND MANAGEMENT RE- resources of the Department of the Interior or SOURCE MANAGEMENT PLANS. the Department of Agriculture— quest for the declaration of a major disaster for wildfire on Federal lands pursuant to this title (a) ADDITIONAL ANALYSIS AND ALTER- ‘‘(i) on Federal lands; or is based. NATIVES.—To develop a full range of reasonable ‘‘(ii) on non-Federal lands pursuant to a fire protection agreement or cooperative agree- ‘‘(c) DECLARATION.—Based on the request of alternatives as required by the National Envi- the respective Secretary under this title, the ronmental Policy Act of 1969, the Secretary of ment.’’. SEC. 902. DECLARATION OF A MAJOR DISASTER President may declare that a major disaster for the Interior shall develop and consider in detail wildfire on Federal lands exists. a reference analysis and two additional alter- FOR WILDFIRE ON FEDERAL LANDS. natives as part of the revisions of the resource The Robert T. Stafford Disaster Relief and ‘‘SEC. 803. WILDFIRE ON FEDERAL LANDS ASSIST- ANCE. management plans for the Bureau of Land Emergency Assistance Act (42 U.S.C. 5170 et ‘‘(a) IN GENERAL.—In a major disaster for Management’s Salem, Eugene, Coos Bay, seq.) is amended by adding at the end the following: wildfire on Federal lands, the President may Roseburg, and Medford Districts and the Klam- transfer funds, only from the account estab- ‘‘TITLE VIII—MAJOR DISASTER FOR ath Resource Area of the Lakeview District. lished pursuant to subsection (b), to the Sec- WILDFIRE ON FEDERAL LAND (b) REFERENCE ANALYSIS.—The reference retary of the Interior or the Secretary of Agri- analysis required by subsection (a) shall meas- ‘‘SEC. 801. DEFINITIONS. culture to conduct wildfire suppression oper- ure and assume the harvest of the annual ‘‘As used in this title— ations on Federal lands (and non-Federal lands growth net of natural mortality for all forested ‘‘(1) FEDERAL LAND.—The term ‘Federal land’ pursuant to a fire protection agreement or coop- land in the planning area in order to determine means— erative agreement). the maximum sustained yield capacity of the ‘‘(A) any land under the jurisdiction of the ‘‘(b) WILDFIRE SUPPRESSION OPERATIONS AC- forested land base and to establish a baseline by Department of the Interior; and COUNT.—The President shall establish a specific which the Secretary of the Interior shall meas- ‘‘(B) any land under the jurisdiction of the account for the assistance available pursuant to ure incremental effects on the sustained yield United States Forest Service. a declaration under section 802. Such account capacity and environmental impacts from man- ‘‘(2) FEDERAL LAND MANAGEMENT AGENCIES.— may only be used to fund assistance pursuant to agement prescriptions in all other alternatives. The term ‘Federal land management agencies’ this title. (c) ADDITIONAL ALTERNATIVES.— means— ‘‘(c) LIMITATION.— (1) CARBON SEQUESTRATION ALTERNATIVE.— ‘‘(A) the Bureau of Land Management; ‘‘(1) LIMITATION OF TRANSFER.—The assist- The Secretary of the Interior shall develop and ‘‘(B) the National Park Service; ance available pursuant to a declaration under consider an additional alternative with the goal ‘‘(C) the Bureau of Indian Affairs; section 802 is limited to the transfer of the of maximizing the total carbon benefits from for- ‘‘(D) the United States Fish and Wildlife Serv- amount requested pursuant to section 802(b)(4). est storage and wood product storage. To the ex- ice; and The assistance available for transfer shall not tent practicable, the analysis shall consider— ‘‘(E) the United States Forest Service. exceed the amount contained in the wildfire (A) the future risks to forest carbon from ‘‘(3) WILDFIRE SUPPRESSION OPERATIONS.—The suppression operations account established pur- wildfires, insects, and disease; term ‘wildfire suppression operations’ means the suant to subsection (b). emergency and unpredictable aspects of (B) the amount of carbon stored in products ‘‘(2) TRANSFER OF FUNDS.—Funds under this wildland firefighting, including support, re- or in landfills; section shall be transferred from the wildfire sponse, emergency stabilization activities, and (C) the life cycle benefits of harvested wood suppression operations account to the wildfire other emergency management activities of products compared to non-renewable products; suppression subactivity of the Wildland Fire wildland firefighting on Federal lands (or on and Management Account. non-Federal lands pursuant to a fire protection ‘‘(d) PROHIBITION OF OTHER TRANSFERS.—Ex- (D) the energy produced from wood residues. agreement or cooperative agreement) by the Fed- cept as provided in this section, no funds may (2) SUSTAINED YIELD ALTERNATIVE.—The Sec- eral land management agencies covered by the be transferred to or from the account established retary of the Interior shall develop and consider wildfire suppression subactivity of the Wildland pursuant to subsection (b) to or from any other an additional alternative that produces the Fire Management account or the FLAME Wild- fund or account. greater of 500 million board feet or the annual fire Suppression Reserve Fund account of the ‘‘(e) REIMBURSEMENT FOR WILDFIRE SUPPRES- net growth on the acres classified as timerland, Federal land management agencies. SION OPERATIONS ON NON-FEDERAL LAND.—If excluding any congressionally reserved areas. ‘‘SEC. 802. PROCEDURE FOR DECLARATION OF A amounts transferred under subsection (c) are The projected harvest levels, as nearly as prac- MAJOR DISASTER FOR WILDFIRE ON used to conduct wildfire suppression operations ticable, shall be distributed among the Districts FEDERAL LANDS. on non-Federal land, the respective Secretary referred to in subsection (a) in the same propor- ‘‘(a) IN GENERAL.—The Secretary of the Inte- shall— tion as the maximum yield capacity of each such rior or the Secretary of Agriculture may submit ‘‘(1) secure reimbursement for the cost of such District bears to maximum yield capacity of the a request to the President consistent with the re- wildfire suppression operations conducted on planning area as a whole. quirements of this title for a declaration by the the non-Federal land; and (d) ADDITIONAL ANALYSIS AND PUBLIC PAR- President that a major disaster for wildfire on ‘‘(2) transfer the amounts received as reim- TICIPATION.—The Secretary of the Interior shall Federal lands exists. bursement to the wildfire suppression operations publish the reference analysis and additional ‘‘(b) REQUIREMENTS.—A request for a declara- account established pursuant to subsection (b). alternatives and analyze their environmental tion by the President that a major disaster for ‘‘(f) ANNUAL ACCOUNTING AND REPORTING RE- and economic consequences in a supplemental wildfire on Federal lands exists shall— QUIREMENTS.—Not later than 90 days after the draft environmental impact statement. The draft ‘‘(1) be made in writing by the respective Sec- end of each fiscal year for which assistance is environmental impact statement and supple- retary; received pursuant to this section, the respective mental draft environmental impact statement ‘‘(2) certify that the amount appropriated in Secretary shall submit to the Committees on Ag- shall be made available for public comment for the current fiscal year for wildfire suppression riculture, Appropriations, the Budget, Natural a period of not less than 180 days. The Secretary operations of the Federal land management Resources, and Transportation and Infrastruc- shall respond to any comments received before agencies under the jurisdiction of the respective ture of the House of Representatives and the making a final decision between all alternatives. Secretary, net of any concurrently enacted re- Committees on Agriculture, Nutrition, and For- (e) RULE OF CONSTRUCTION.—Nothing in this scissions of wildfire suppression funds, increases estry, Appropriations, the Budget, Energy and section shall affect the obligation of the Sec- the total unobligated balance of amounts avail- Natural Resources, Homeland Security and Gov- retary of the Interior to manage the timberlands able for wildfire suppression by an amount ernmental Affairs, and Indian Affairs of the as required by the Act of August 28, 1937 (50 equal to or greater than the average total costs Senate, and make available to the public, a re- Stat. 874; 43 U.S.C. 1181a–1181j). incurred by the Federal land management agen- port that includes the following:

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JY7.040 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5002 CONGRESSIONAL RECORD — HOUSE July 9, 2015 ‘‘(1) The risk-based factors that influenced Absent my language, the underlying Again, Mr. Chairman, my colleagues management decisions regarding wildfire sup- bill would hand President Obama a on the other side of the aisle’s move to pression operations of the Federal land manage- blank slate in determining how we run block the court’s ability to make ment agencies under the jurisdiction of the Sec- our Western lands. My bill will restore sound, thoughtful, and transparent de- retary concerned. ‘‘(2) Specific discussion of a statistically sig- that balance and allow civil society cisions if the executive branch acts il- nificant sample of large fires, in which each fire stakeholders and local residents to be legally really will come at the expense is analyzed for cost drivers, effectiveness of risk able to challenge illegal Federal ac- of our local stakeholders for those of us management techniques, resulting positive or tions. who live in and around Federal land. negative impacts of fire on the landscape, im- While I respect and appreciate the Mr. Chairman, I reserve the balance pact of investments in preparedness, suggested impetus for many parts of this bill and of my time. corrective actions, and such other factors as the support them, particularly those aimed Mr. BISHOP of Utah. Mr. Chairman, respective Secretary considers appropriate. at incentivizing collaborative develop- I claim the time in opposition. ‘‘(3) Total expenditures for wildfire suppres- ment management plans and fixing the The Acting CHAIR. The gentleman sion operations of the Federal land management flawed funding structure for wildfire agencies under the jurisdiction of the respective from Utah is recognized for 5 minutes. Secretary, broken out by fire sizes, cost, regional response—very, very important in my Mr. BISHOP of Utah. Mr. Chairman, location, and such other factors as the such Sec- district—the provision that I am strik- I think it is important to realize there retary considers appropriate. ing in my amendment is truly a poison is nothing, absolutely nothing in the ‘‘(4) Lessons learned. pill for many on my side of the aisle base bill that prohibits any individual ‘‘(5) Such other matters as the respective Sec- who care deeply about equal access to or group from filing a lawsuit. retary considers appropriate. justice and many on the other side of What it does do is discourage frivo- ‘‘(g) SAVINGS PROVISION.—Nothing in this title the aisle who don’t want to hand Presi- lous lawsuits. shall limit the Secretary of the Interior, the Sec- dent Obama an unchecked control over I yield 1 minute to the gentleman retary of Agriculture, Indian tribe, or a State Federal lands. from receiving assistance through a declaration from Montana (Mr. ZINKE) to expand on made by the President under this Act when the In districts like mine, which are that. criteria for such declaration have been met.’’. made up of 62 percent Federal land, the Mr. ZINKE. Mr. Chairman, I stand in SEC. 903. PROHIBITION ON TRANSFERS. Forest Service owns huge amounts of opposition to the amendment. We have No funds may be transferred to or from the open space that we use, enjoy, is a driv- to reward collaboration and working Federal land management agencies’ wildfire er of our tourism economy; we recreate together. suppression operations accounts referred to in as hikers, skiers, hunters, bikers; it is What this bill does not do is discour- section 801(3) of the Robert T. Stafford Disaster used commercially by loggers, utility age NEPA. What it does do, though, is Relief and Emergency Assistance Act to or from providers, and many, many other it brings people together to work to- any account or subactivity of the Federal land groups. management agencies, as defined in section gether. That is what I was sent to I can attest to the fact that these Washington, D.C., to do; and that is 801(2) of such Act, that is not used to cover the groups, these stakeholders that I men- cost of wildfire suppression operations. what all of us were sent to do, is work tioned whose livelihood and enjoyment together and move the ball up the field. The Acting CHAIR. No amendment depend on these lands, are extremely to that amendment in the nature of a It does not prevent anyone from filing valuable when it comes to providing a lawsuit. substitute shall be in order except practical, varied input into managing those printed in part C of House Report What it does do, however, on frivo- our Federal lands. lous lawsuits—and the numbers are 114–192. Each such amendment may be This bill, however, would discourage clear. Between 1989 and 2008, over 1,125 offered only in the order printed in the and limit the depth and diversity of lawsuits were submitted. Almost in report, by a Member designated in the public input by expediting the develop- every case, those lawsuits ended up report, shall be considered as read, ment of forest management plans while costing the Forest Service that we are shall be debatable for the time speci- removing the legal venues that exist fied in the report, equally divided and for protest after a management plan so concerned about the money they are controlled by the proponent and an op- has been implemented, meaning not spending—number one is forest fires; ponent, shall not be subject to amend- only does the provision, like the one I number two is litigation. ment, and shall not be subject to a de- am trying to strike, cripple the trans- We want the same thing. We want mand for division of the question. parency and effectiveness by limiting more scientists, less lawyers in the the form of expertise we have in plan- woods, and healthy forests once again AMENDMENT NO. 1 OFFERED BY MR. POLIS to be part of our country; yet what The Acting CHAIR. It is now in order ning our Federal lands, it also has the potential to repeal some critical happens is the collaborative effort— to consider amendment No. 1 printed in and we made the definition of collabo- part C of House Report 114–192. rights, like the right to protest and legal recourse for potential wrong- rative very vague so everyone can par- Mr. POLIS. Mr. Chairman, I have an ticipate, everybody—it does not pre- amendment at the desk. doing. The provisions I move to strike vent anyone from suing. The Acting CHAIR. The Clerk will What it does do is, if you are not designate the amendment. would effectively eliminate the ability of citizens, nonprofits, local residents, going to be involved in the collabo- The text of the amendment is as fol- rative effort, if you are not going to lows: independent advocacy organizations, and others to file lawsuits against po- spend the time and the resources, then Strike section 203. tentially illegal or improper forest you have to post a bond, and that bond Strike title III. management tools that the executive only covers what the Forest Service The Acting CHAIR. Pursuant to branch is using. would have to defend. We could have House Resolution 347, the gentleman By creating a harmful bonding re- made it a lot aggressive, and we didn’t. from Colorado (Mr. POLIS) and a Mem- quirement, which would really exclude Mr. Chairman, I stand in opposition. ber opposed each will control 5 min- judicial access for everybody—except Mr. POLIS. Mr. Chairman, I would utes. the very wealthiest corporations and like to inquire as to how much time re- The Chair recognizes the gentleman people—and a prejudicial fee-shifting mains on both sides. from Colorado. requirement that enables the govern- The Acting CHAIR. The gentleman Mr. POLIS. Mr. Chairman, my ment to act with impunity at the clear from Colorado has 11⁄2 minutes remain- amendment would strike a harmful and expense of the plaintiff, we really ing. The gentleman from Utah has 33⁄4 politically driven provision on the un- break down the core principle of equal minutes remaining. derlying bill that has the effect of lim- access to justice, which is our right. Mr. POLIS. Mr. Chairman, I yield 1 iting stakeholder input and curbing By prohibiting the courts from minute to the gentlewoman from Mas- equal access to justice, a core constitu- issuing any restraining orders, prelimi- sachusetts (Ms. TSONGAS). tional principle in our Republic, and ef- nary injunctions, or injunctions pend- Ms. TSONGAS. Mr. Chairman, I fectively removes an important check ing repeal in cases of postdisaster oper- thank Mr. POLIS. we have on arbitrary actions by Presi- ations after broadly defined events, we As my colleague stated, title III dents and administrations. are only compounding the damage. would require anyone who challenges a

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.041 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5003 project on forest land in the Federal don’t live in the area, but that do have from Colorado (Mr. TIPTON) and a Mem- court system to put up a bond covering big pockets, wait for those projects to ber opposed each will control 5 min- all litigation expenses of the govern- be announced. utes. ment. Plaintiffs would only get their Then they start to litigate, which has The Chair recognizes the gentleman bond back if they prevailed on all their a chilling effect on any kind of collabo- from Colorado. claim. rative work, and it makes the hundreds Mr. TIPTON. Mr. Chairman, Congress Further, it would not allow litigants of hours that those citizens worked to has previously authorized fire liability to recover attorney’s fees under the come up with their projects simply provisions for stewardship contracts. Equal Access to Justice Act. While my moot. My amendment simply provides the colleagues across the aisle have said it That has happened in California. I same fire liability provisions for long- doesn’t prevent anyone from coming have been there to see those projects term stewardship contracts awarded by forward, we do know that the impact that were stopped by frivolous law- the Forest Service prior to February 7, would be that it would prevent any suits. It is the same thing that happens 2014. plaintiffs, except those large compa- in Montana and in northern Idaho. In These contracts have valid concerns nies with deep pockets, from bringing that particular district, of all of those over their potential liability, and it is lawsuits against these projects, essen- lawsuits he mentioned, over 70 percent prohibitively expensive to obtain li- tially keeping out the average Amer- of those were stopped because of frivo- ability insurance to cover the costs of ican citizen from having their voice lous lawsuits. large forest fires. heard. Now, we are not stopping anyone The amendment provides these con- I strongly support this amendment. from suing. What we are saying is you tractors with the same protections as Mr. BISHOP of Utah. Mr. Chairman, put up a bond if you are serious about all Federal timber sales and integrated I yield 1 minute to the gentleman from it and you don’t use this as a way of resource timber purchasers and other California (Mr. MCCLINTOCK). simply stopping a process that has integrated resource stewardship con- been worked out by the citizens and tracts that they already have. I urge b 1645 the Forest Service at the same time. my colleagues to support the amend- Mr. MCCLINTOCK. Mr. Chairman, That is what this means, and that is ment. Eric Hoffer once said that every great what is going to be taken away. I reserve the balance of my time. cause becomes a movement, which be- That is why this is so essential and Ms. TSONGAS. Mr. Chairman, I rise comes a business, which becomes a why this part has to be part of this bill. in opposition to the gentleman’s racket. That is what has happened with It has to move forward or our Forest amendment. environmental litigation. Service does not have the tools it needs The Acting CHAIR. The gentlewoman Through many hearings, we have dis- to preserve our forests and to protect from Massachusetts is recognized for 5 covered that most of the groups liti- our people and to protect our land- minutes. gating collaborative projects sue just scape. Ms. TSONGAS. Mr. Chairman, I rise to raise money or to defeat necessary This amendment cannot pass. It in opposition to this amendment, projects through delay. That is their would destroy every effort of the For- which would change the parameters of right. No one begrudges them it. est Service to actually move forward contracts that have already been But that does not include frivolous into the future. We oppose it. We op- awarded through a competitive bidding litigation designed solely to run out pose it vigorously and in all due re- process. the clock on salvage projects or to nul- spect. Stewardship end result contracting is lify by delay the painstaking work of I yield back the balance of my time. a critical tool used to achieve land collaborative groups which often, in The Acting CHAIR. The question is management goals across our national good faith, spend endless hours and on the amendment offered by the gen- forests and grasslands. considerable resources in negotiating a tleman from Colorado (Mr. POLIS). In addition to making the authority plan that is fair to all. The question was taken; and the Act- for stewardship contracting perma- I oppose this amendment, and I urge ing Chair announced that the noes ap- nent, last year’s farm bill directed the my colleagues to do the same. peared to have it. Forest Service to make the first liabil- Mr. POLIS. Mr. Chairman, I have Mr. POLIS. Mr. Chairman, I demand ity provisions in integrated resource many of my constituents who are liv- a recorded vote. timber contracts equal to liability pro- ing in holdings on Federal lands. What The Acting CHAIR. Pursuant to visions typically found in timber sale happens if Federal land management clause 6 of rule XVIII, further pro- contracts. Earlier this year the Forest policy changes their rights-of-way and ceedings on the amendment offered by Service issued rulemaking carrying out makes it harder to access where they the gentleman from Colorado will be this directive. live? Where are they supposed to come postponed. This was a commonsense change, and up with the hundreds of thousands or AMENDMENT NO. 2 OFFERED BY MR. TIPTON I agree with the sponsors of this millions of dollars that it would take The Acting CHAIR. It is now in order amendment that this is a worthwhile to bond under this scenario to figure to consider amendment No. 2 printed in change. However, their amendment out whether what the Federal Govern- part C of House Report 114–192. would retroactively extend the updated ment did was legal or not? Mr. TIPTON. Mr. Chairman, I have liability requirement to contracts that That is why we need to fix this, Mr. an amendment at the desk. were awarded before the farm bill was Chairman. And I urge my colleagues to The Acting CHAIR. The Clerk will signed into law. support my amendment to defend the designate the amendment. The Forest Service would, therefore, constitutional rights of families who The text of the amendment is as fol- have to modify existing contracts, live in and around Federal land. lows: which is not only a burden for the I yield back the balance of my time. Page 33, after line 21, insert the following agency and the contract awardees, but Mr. BISHOP of Utah. Mr. Chairman, new section: it is unfair to companies that did not I appreciate the chance to actually SEC. 505. FIRE LIABILITY PROVISION. participate in the competitive bidding hear from the gentleman from Cali- Section 604(d) of the Healthy Forests Res- process because of their understanding fornia as well as from the gentleman toration Act of 2003 (16 U.S.C. 6591c(d)) is of the fire liability requirements. from Montana. amended by adding at the end the following Congress should not change contracts new paragraph: You see, what happens and what has ‘‘(8) MODIFICATION.—Upon the request of that have already been awarded failed to be discussed here is this sec- the contractor, a contract or agreement through the competitive bidding proc- tion only applies to whether it has under this section awarded before February ess. For that reason, I oppose the adop- been a collaborative process. 7, 2014, shall be modified by the Chief or Di- tion of this amendment. So real people, citizens, will spend rector to include the fire liability provisions I reserve the balance of my time. years working together to develop a described in paragraph (7).’’. Mr. TIPTON. Mr. Chairman, we are collaborative project. And then too fre- The Acting CHAIR. Pursuant to talking about fairness. We just had an quently outside fringe groups that House Resolution 347, the gentleman amendment that was presented by my

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.063 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5004 CONGRESSIONAL RECORD — HOUSE July 9, 2015 colleague from Colorado that talked ate hospitals, health clinics, mental This amendment obviously allows about fairness, and I think Chairman health facilities, and a variety of other the Forest Service to create a pilot BISHOP spoke very eloquently in re- community health services. program that would execute contracts gards to allowing that process to be Having tribes manage and operate with tribes to perform administrative, able to work through the private sec- programs in their communities not management, and other functions of tor. only recognizes tribal self-determina- the program for the Tribal Forest Pro- Yet, when we are talking about for- tion and self-governance, but it also tection Act of 2004. est health, Mr. Chairman, wouldn’t it helps ensure that tribal needs are being Allowing the Forest Service to exe- be an appropriate thing to make sure met through traditionally and cul- cute contracts would recognize the that we have a level playing field when turally appropriate methods. government-to-government relation- it comes to liability? Although several agencies have the ship that tribes have with the Federal If we want to be able to get in and ac- authority to execute 638 contracts, Government, and it would be in line tually protect those forests, to be able such as the Bureau of Land Manage- with the intent of the Tribal Forest to protect those watersheds, to be able ment, the Bureau of Reclamation, the Protection Act of working with tribes to protect endangered species and the Bureau of Indian Affairs and Indian as partners. other wildlife in the forests, let’s make Health Services, the Forest Service I certainly would encourage my col- sure that we have a process to be able does not currently have this authority. leagues to support this amendment. to do that so that that liability is not Several tribes have expressed to me Ms. MICHELLE LUJAN GRISHAM of going to become a liability to some- that they would like to see the Forest New Mexico. Mr. Chairman, I yield 2 thing that I believe we all share as Service have the authority. minutes to the gentleman from Min- common ground, and that is the health Many of the pueblos in New Mexico nesota (Mr. NOLAN). of our forests. have land in tribal forests that are ad- Mr. NOLAN. Mr. Chairman, I want to I yield back the balance of my time. jacent to national forests, and we know particularly thank the gentlewoman Ms. TSONGAS. Mr. Chairman, I yield that wildfires and pests can quickly af- from New Mexico (Ms. MICHELLE LUJAN back the balance of my time. fect entire regions, regardless of who GRISHAM) for yielding and for intro- The Acting CHAIR. The question is owns the land. ducing this important amendment. on the amendment offered by the gen- In fact, the Las Conchas wildland Mr. Chairman, there is an old saying tleman from Colorado (Mr. TIPTON). fire, which is one of the largest that I know you have all heard, which The amendment was agreed to. wildfires in New Mexico’s history, is that the shadows of those who live on their land are the best protectors AMENDMENT NO. 3 OFFERED BY MS. MICHELLE started on June 26, 2011, in the Santa LUJAN GRISHAM OF NEW MEXICO Fe National Forest. It burned more and the best stewards of that land. The Acting CHAIR. It is now in order than 156,000 acres in New Mexico, in- My wife and I have had the good for- to consider amendment No. 3 printed in cluding land belonging to the Pueblos tune to plant over 100,000 trees on our part C of House Report 114–192. of Santa Clara, Ohkay Owingeh, San land, with the help of the kids, and I Ms. MICHELLE LUJAN GRISHAM of Ildefonso, Pojoaque, Jemez, Cochiti, want you to know they are doing well. I am supportive of this amendment New Mexico. Mr. Chairman, I have an and Kewa. because I think it is high time that the amendment at the desk. It is imperative that the Forest Serv- American Indians and the Alaska Na- The Acting CHAIR. The Clerk will ice and tribes actively work together tives, who are the first stewards of our designate the amendment. to co-manage forests. I urge Members lands, be allowed to better exercise The text of the amendment is as fol- to support my amendment, which will their sovereignty and their self-deter- lows: improve the Forest Service’s ability to mination in caring for the forests they Page 44, after line 15, insert the following: partner with tribes in order to work on have called home for untold centuries. SEC. 703. TRIBAL FOREST MANAGEMENT DEM- projects that impact tribal lands and ONSTRATION PROJECT. We already have 638 contracts that forests. allow the tribes to manage Federal The Secretary of the Interior and the Sec- I reserve the balance of my time. lands in Indian Country. This amend- retary of Agriculture may carry out dem- Mr. BISHOP of Utah. Mr. Chairman, ment simply adds a partnership with onstration projects by which federally recog- I claim the time in opposition, al- nized Indian tribes or tribal organizations the U.S. Forest Service to that list. may contract to perform administrative, though I may not be in opposition to By approving this measure, we help management, and other functions of pro- this particular bill. create jobs, protect our forests all grams of the Tribal Forest Protection Act of The Acting CHAIR. Without objec- across Indian Country, and we all be- 2004 (25 U.S.C. 3115a et seq.) through con- tion, the gentleman is recognized for 5 come better stewards of our Nation’s tracts entered into under the Indian Self -De- minutes. great resources. termination and Education Assistance Act There was no objection. (25 U.S.C. 450 et seq). I urge my colleagues to join us in Mr. BISHOP of Utah. Mr. Chairman, support of this important amendment. The Acting CHAIR. Pursuant to I would like to ask the gentlewoman I want to again particularly thank House Resolution 347, the gentlewoman from New Mexico, as this bill works its Ms. LUJAN GRISHAM for her leadership from New Mexico (Ms. MICHELLE LUJAN way through the process of ultimately on this important issue. I thank the GRISHAM) and a Member opposed each being signed and implemented, if she chairman of the committee for his sup- will control 5 minutes. would be willing to work with us to port of it as well. And I thank the gen- The Chair recognizes the gentle- make sure this contracting authority tleman from Pennsylvania (Mr. THOMP- woman from New Mexico. in the future has no unintended con- SON). Ms. MICHELLE LUJAN GRISHAM of sequences. I urge my colleagues to adopt this New Mexico. Mr. Chairman, I rise in I yield to the gentlewoman for a re- amendment. support of my amendment that allows sponse. Mr. BISHOP of Utah. Mr. Chairman, the Forest Service to establish a pilot Ms. MICHELLE LUJAN GRISHAM of may I inquire as to how much time is program to execute contracts with New Mexico. Mr. Chairman, absolutely. remaining? tribes under the Indian Self-Deter- I appreciate that offer. Thank you. The Acting CHAIR. The gentleman mination and Education Assistance Mr. BISHOP of Utah. I appreciate from Utah has 4 minutes remaining, Act, known as 638 contracts. 638 con- that. and the gentlewoman from New Mexico tracts allow tribes to manage and im- Mr. Chairman, I yield 2 minutes to has 11⁄2 minutes remaining. plement Federal programs in Indian the gentleman from Pennsylvania (Mr. Mr. BISHOP of Utah. Mr. Chairman, Country. THOMPSON). I yield 1 minute to the gentleman from When I was the New Mexico Sec- Mr. THOMPSON of Pennsylvania. Arkansas (Mr. WESTERMAN), the spon- retary of Health, I witnessed how suc- Mr. Chairman, I rise in support of this sor of the bill. cessful and beneficial these contracts amendment. I want to thank the rank- Mr. WESTMORELAND. Mr. Chair- could be in efficiently delivering serving member from the Conservation and man, I rise in support of this amend- ices to tribes and their members. Forestry Subcommittee for bringing ment as it goes along with the collabo- Through these contracts, tribes oper- this amendment forward. rative efforts we are trying to include

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.066 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5005 in the bill with tribal and State gov- I think the bill that is before us vesting; it is also about driving the ernments. today is an honest effort to address the market and increasing the value. I just want to thank the gentle- real challenges that are facing our Fed- It is a three-legged stool for healthy woman for proposing this amendment, eral forests. Importantly, the under- forests. I am very pleased with the un- and I rise in full support of it. lying bill includes language that would derlying bill. I think that is helping on Ms. MICHELLE LUJAN GRISHAM of make real progress toward ending the step one. I think this amendment helps New Mexico. Mr. Chairman, I yield harmful practice of fire borrowing. us in terms of pushing the market back the balance of my time. Now, I have got some concerns about value and the value of timber, and it is Mr. BISHOP of Utah. Mr. Chairman, this bill that are going to keep me certainly consistent with many of the I support this amendment, and I yield from supporting it today, but I am very steps that we took within the farm bill back the balance of my time. hopeful that this is just a first step in in terms of research for advanced wood The Acting CHAIR. The question is a process that leads to compromise leg- products. on the amendment offered by the gen- islation that we can send on to the I just am very pleased to support this tlewoman from New Mexico (Ms. President and get signed into law to amendment. MICHELLE LUJAN GRISHAM). help our forests and to help our com- Mr. KILMER. Mr. Chair, I yield 1 The amendment was agreed to. munities. I would welcome the oppor- minute to the gentlewoman from Mas- b 1700 tunity to be a part of that process. sachusetts (Ms. TSONGAS). Mr. Chair, the amendment that I Ms. TSONGAS. Mr. Chair, I rise in AMENDMENT NO. 4 OFFERED BY MR. KILMER have offered today is focused on an ini- support of this amendment. While it The Acting CHAIR. It is now in order tiative that would support innovative does nothing to address our underlying to consider amendment No. 4 printed in wood products, including cross-lami- concerns with the bill, the promotion part C of House Report 114–192. nated timber. CLT products offer in- of advanced wood products is an impor- Mr. KILMER. Mr. Chair, I have an creased use of responsibly harvested tant priority, and I commend my col- amendment at the desk. wood that could mean more jobs in league from Washington, Mr. KILMER, The Acting CHAIR. The Clerk will rural areas of Washington State and all for taking on this issue. designate the amendment. other States. The amendment directs the Forest The text of the amendment is as fol- These are renewable resources, rath- Service to establish a pilot project to lows: er than steel or concrete, that would promote the production of advanced At the end of title VIII, add the following make our buildings greener. These new wood products. Production of these new section: wood products are strong and fire re- products, like cross-laminated timber, SEC. 807. LANDSCAPE-SCALE FOREST RESTORA- TION PROJECT. sistant and may actually be safer in an or CLT, is a growing market with The Secretary of Agriculture shall develop earthquake than nonwood alternatives. many practical applications. Growing and implement at least one landscape-scale We can change the way our Nation this market here in the United States forest restoration project that includes, as a constructs buildings by utilizing these is an important economic development defined purpose of the project, the genera- new sturdy wood products. More impor- opportunity, and I thank Mr. KILMER tion of material that will be used to promote tantly, we can lead the way on a global for his efforts in promoting this oppor- advanced wood products. The project shall be timber revolution that can bring lower tunity. developed through a collaborative process. costs, environmentally friendly build- Mr. BISHOP of Utah. I yield 1 minute The Acting CHAIR. Pursuant to ing materials to market, providing to the gentleman from Arkansas (Mr. House Resolution 347, the gentleman more job opportunities in rural Amer- WESTERMAN), the sponsor of the bill. from Washington (Mr. KILMER) and a ica. Mr. WESTERMAN. Mr. Chairman, I Member opposed each will control 5 My amendment is pretty simple. It rise in support of the concept of this minutes. would direct the Secretary of Agri- amendment. The gentleman brings out The Chair recognizes the gentleman culture to develop a significant forest a very important fact that we do need from Washington. restoration project with the goal of forest products to be able to utilize the Mr. KILMER. Mr. Chair, I yield my- generating the kind of material we can resources coming off our forests in self such time as I may consume. use for these advanced wood products. I order to do healthy management. Mr. Chair, before I speak to this would urge my colleagues to support There are many forest products that amendment, I actually wanted to start this amendment. can be made from smaller diameter by expressing my appreciation to the Mr. Chairman, I reserve the balance materials that are already out there. chairman for his work on this impor- of my time. We have the science behind it. A tant legislation. Mr. BISHOP of Utah. Mr. Chair, I landscapewide collaborative project I grew up in Port Angeles, Wash- claim time in opposition to the gentle- that uses these lower value products ington. I saw firsthand how a downturn man’s amendment. would be a good thing to do. in the timber industry impacted our re- The Acting CHAIR. The gentleman I do challenge the gentleman to sup- gion’s economy and the livelihood of from Utah is recognized for 5 minutes. port the whole bill so that we could put families who lived there. Those experi- Mr. BISHOP of Utah. Mr. Chair, I this into practice, should it be passed, ences were a major influence in my de- yield 1 minute to the gentleman from because it would be of benefit to the cision to pursue a career in economic Pennsylvania (Mr. THOMPSON). bill and to healthy forests across the development and now in public service. Mr. THOMPSON of Pennsylvania. country if such projects were imple- It is a big reason I have been working Mr. Chairman, I actually rise in sup- mented. on harvest issues that impact the report of this amendment as chairman of Mr. KILMER. Mr. Chair, I have no gion that I represent. the Subcommittee on Conservation and other speakers, so I yield back the bal- On the Olympic National Forest, I Forestry of the Committee on Agri- ance of my time. have been proud to help stand up a col- culture. Mr. BISHOP of Utah. Mr. Chair, as laborative, bringing together a group It is consistent with the U.S. Forest we finish the last amendment to this of stakeholders from all across the Service’s recognition of the important very good bill, the gentleman from spectrum to figure out how we can role that advanced wood products can Washington full well knows how dev- make real progress to rebuild the trust play, particularly in building construc- astating it could be to his community that we need to restore our forests and tion. New and innovative technologies if we do not pass this particular bill to promote harvest levels and to sup- are yielding building products that are and wildfires actually attack his con- port our local communities. greener, stronger, fire resistant, and stituents and his area. We have begun to see some successes even safer in response to earthquakes That is why it is extremely impor- come out of that. I am sure committed than nonwood alternatives. tant—as we take this last opportunity to working to help take actions that The bottom line is, when it comes to to speak towards this bill and this par- lead to better outcomes for our forests good, healthy forest management, it is ticular amendment—to recognize that and for the local economies that rely just not some of the barriers we are this is a bipartisan bill, bipartisan on them as an important asset. dealing with today in terms of har- sponsorship, passed by a bipartisan

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.068 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5006 CONGRESSIONAL RECORD — HOUSE July 9, 2015 vote in our committee, passed in a bi- Rush Sires Vargas NOT VOTING—5 Ryan (OH) Slaughter Veasey partisan vote in the Committee on Ag- Cuellar Payne Roe (TN) Sa´ nchez, Linda Smith (WA) Vela Lofgren Peters riculture. T. Speier Vela´ zquez This is a good bill that will move us Sanchez, Loretta Swalwell (CA) Visclosky b 1736 forward, and it is essential to move for- Sarbanes Takai Walz Schakowsky Takano Messrs. CONAWAY, AMODEI, PAUL- ward. I appreciate all the support we Wasserman Schiff Thompson (CA) Schultz SEN, MEEHAN, BRADY of TEXAS, have had from both sides of the aisle Scott (VA) Thompson (MS) Waters, Maxine and WALKER changed their vote from Scott, David Titus moving this particular piece of legisla- Watson Coleman Serrano Tonko ‘‘aye’’ to ‘‘no.’’ Welch tion forward. I urge support of the Sewell (AL) Torres Messrs. HECK of Washington, Wilson (FL) amendment. Sherman Tsongas Yarmuth GALLEGO, BUTTERFIELD, NADLER, I yield back the balance of my time. Sinema Van Hollen CLAY, and ASHFORD changed their The Acting CHAIR. The question is NOES—247 vote from ‘‘no’’ to ‘‘aye.’’ on the amendment offered by the gen- So the amendment was rejected. tleman from Washington (Mr. KILMER). Abraham Griffith Pearce Aderholt Grothman Perry The result of the vote was announced The amendment was agreed to. Allen Guinta Peterson as above recorded. AMENDMENT NO. 1 OFFERED BY MR. POLIS Amodei Guthrie Pittenger Stated against: Babin Hanna Pitts Mr. CUELLAR. Mr. Chair, on rollcall No. The Acting CHAIR. Pursuant to Barletta Hardy Poe (TX) clause 6 of rule XVIII, the unfinished Barr Harper Poliquin 427, had I been present, I would have voted business is the request for a recorded Barton Harris Pompeo ‘‘no.’’ vote on amendment No. 1 printed in Benishek Hartzler Posey The Acting CHAIR (Mr. Bilirakis Heck (NV) Price, Tom FLEISCHMANN). The question is on the part C of House Report 114–192 offered Bishop (MI) Hensarling Ratcliffe by the gentleman from Colorado (Mr. Bishop (UT) Herrera Beutler Reed amendment in the nature of a sub- POLIS) on which further proceedings Black Hice, Jody B. Reichert stitute, as amended. Blackburn Hill were postponed and on which the noes Renacci The amendment was agreed to. Blum Holding Ribble The Acting CHAIR. Under the rule, prevailed by voice vote. Bost Hudson Rice (SC) the Committee rises. The Clerk will redesignate the Boustany Huelskamp Rigell Accordingly, the Committee rose; amendment. Brady (TX) Huizenga (MI) Roby Brat Hultgren and the Speaker pro tempore (Mr. The Clerk redesignated the amend- Rogers (AL) Bridenstine Hunter Rogers (KY) HULTGREN) having assumed the chair, ment. Brooks (AL) Hurd (TX) Rohrabacher Brooks (IN) Hurt (VA) Mr. FLEISCHMANN, Acting Chair of the RECORDED VOTE Rokita Buchanan Issa Rooney (FL) Committee of the Whole House on the The Acting CHAIR. A recorded vote Buck Jenkins (KS) Ros-Lehtinen state of the Union, reported that that has been demanded. Bucshon Jenkins (WV) Roskam Burgess Johnson (OH) Committee, having had under consider- A recorded vote was ordered. Ross Byrne Johnson, Sam Rothfus ation the bill (H.R. 2647) to expedite The vote was taken by electronic de- Calvert Jolly Rouzer under the National Environmental Pol- vice, and there were—ayes 181, noes 247, Carter (GA) Jones Royce icy Act and improve forest manage- Carter (TX) Jordan Russell not voting 5, as follows: Chabot Joyce ment activities in units of the National Ryan (WI) Chaffetz Katko [Roll No. 427] Salmon Forest System derived from the public Clawson (FL) Kelly (MS) Sanford domain, on public lands under the ju- AYES—181 Coffman Kelly (PA) Scalise Adams Deutch Larson (CT) Cole King (IA) risdiction of the Bureau of Land Man- Schrader Aguilar Dingell Lawrence Collins (GA) King (NY) agement, and on tribal lands to return Schweikert Amash Doggett Lee Collins (NY) Kinzinger (IL) Scott, Austin resilience to overgrown, fire-prone for- Ashford Doyle, Michael Levin Comstock Kline Sensenbrenner ested lands, and for other purposes, Bass F. Lewis Conaway Knight Sessions Beatty Duckworth Lieu, Ted Cook Labrador and, pursuant to House Resolution 347, Shimkus Becerra Edwards Lipinski Costa LaMalfa he reported the bill back to the House Shuster Bera Ellison Loebsack Costello (PA) Lamborn with an amendment adopted in the Beyer Engel Lowenthal Cramer Lance Simpson Bishop (GA) Eshoo Lowey Crawford Latta Smith (MO) Committee of the Whole. Blumenauer Esty Lujan Grisham Crenshaw LoBiondo Smith (NE) The SPEAKER pro tempore. Under Bonamici Farr (NM) Culberson Long Smith (NJ) the rule, the previous question is or- Smith (TX) Boyle, Brendan Fattah Luja´ n, Ben Ray Curbelo (FL) Loudermilk dered. F. Foster (NM) Davis, Rodney Love Stefanik Brady (PA) Frankel (FL) Lynch Denham Lucas Stewart Is a separate vote demanded on any Brown (FL) Fudge Maloney, Dent Luetkemeyer Stivers amendment to the amendment re- Brownley (CA) Gabbard Carolyn DeSantis Lummis Stutzman ported from the Committee of the Thompson (PA) Bustos Gallego Maloney, Sean DesJarlais MacArthur Whole? Butterfield Garamendi Matsui Diaz-Balart Marchant Thornberry Capps Graham McCollum Dold Marino Tiberi If not, the question is on the amend- Capuano Grayson McDermott Donovan Massie Tipton ment in the nature of a substitute, as Ca´ rdenas Green, Al McGovern Duffy McCarthy Trott amended. Turner Carney Grijalva McNerney Duncan (SC) McCaul The amendment was agreed to. Carson (IN) Gutie´rrez Meeks Duncan (TN) McClintock Upton Cartwright Hahn Meng Ellmers (NC) McHenry Valadao The SPEAKER pro tempore. The Castor (FL) Hastings Moore Emmer (MN) McKinley Wagner question is on the engrossment and Castro (TX) Heck (WA) Moulton Farenthold McMorris Walberg third reading of the bill. Chu, Judy Higgins Murphy (FL) Fincher Rodgers Walden The bill was ordered to be engrossed Cicilline Himes Nadler Fitzpatrick McSally Walker Clark (MA) Hinojosa Napolitano Fleischmann Meadows Walorski and read a third time, and was read the Clarke (NY) Honda Neal Fleming Meehan Walters, Mimi third time. Clay Hoyer Nolan Flores Messer Weber (TX) The SPEAKER pro tempore. The Cleaver Huffman Norcross Forbes Mica Webster (FL) Clyburn Israel O’Rourke Fortenberry Miller (FL) Wenstrup question is on the passage of the bill. Cohen Jackson Lee Pallone Foxx Miller (MI) Westerman The question was taken; and the Connolly Jeffries Pascrell Franks (AZ) Moolenaar Westmoreland Speaker pro tempore announced that Conyers Johnson (GA) Pelosi Frelinghuysen Mooney (WV) Whitfield the ayes appeared to have it. Cooper Johnson, E. B. Perlmutter Garrett Mullin Williams Courtney Kaptur Pingree Gibbs Mulvaney Wilson (SC) RECORDED VOTE Crowley Keating Pocan Gibson Murphy (PA) Wittman Ms. TSONGAS. Mr. Speaker, I de- Cummings Kelly (IL) Polis Gohmert Neugebauer Womack mand a recorded vote. Davis (CA) Kennedy Price (NC) Goodlatte Newhouse Woodall Davis, Danny Kildee Quigley Gosar Noem Yoder A recorded vote was ordered. DeFazio Kilmer Rangel Gowdy Nugent Yoho The SPEAKER pro tempore. Pursu- DeGette Kind Rice (NY) Granger Nunes Young (AK) ant to clause 8 of rule XX, this 5- Delaney Kirkpatrick Richmond Graves (GA) Olson Young (IA) minute vote on passage of the bill will DeLauro Kuster Roybal-Allard Graves (LA) Palazzo Young (IN) DelBene Langevin Ruiz Graves (MO) Palmer Zeldin be followed by 5-minute votes on order- DeSaulnier Larsen (WA) Ruppersberger Green, Gene Paulsen Zinke ing the previous question on House

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.071 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5007 Resolution 350, and adoption of House NOES—167 delivery of 21st century cures and for Resolution 350, if ordered. Adams Frankel (FL) Murphy (FL) other purposes, on which the yeas and Aguilar Fudge Nadler The vote was taken by electronic de- nays were ordered. Bass Gabbard Napolitano The Clerk read the title of the resolu- vice, and there were—ayes 262, noes 167, Beatty Gallego Neal Becerra Grayson Norcross tion. not voting 4, as follows: Beyer Green, Al O’Rourke The SPEAKER pro tempore. The [Roll No. 428] Blumenauer Green, Gene Pallone question is on ordering the previous Bonamici Grijalva Pascrell question. AYES—262 Boyle, Brendan Gutie´rrez Pelosi F. Hahn Pingree This is a 5-minute vote. Abraham Graves (LA) Paulsen Brady (PA) Hastings Pocan The vote was taken by electronic de- Aderholt Graves (MO) Pearce Brown (FL) Heck (WA) Polis Allen Griffith Perlmutter Brownley (CA) Higgins Price (NC) vice, and there were—yeas 242, nays Amash Grothman Perry Bustos Himes Quigley 185, not voting 6, as follows: Amodei Guinta Peterson Butterfield Honda Rangel [Roll No. 429] Ashford Guthrie Pittenger Capps Hoyer Rice (NY) Babin Hanna Pitts Capuano Huffman Richmond YEAS—242 Barletta Hardy Poe (TX) Ca´ rdenas Israel Roybal-Allard Abraham Griffith Palmer Barr Harper Poliquin Carney Jackson Lee Ruiz Aderholt Grothman Paulsen Barton Harris Pompeo Carson (IN) Jeffries Ruppersberger Allen Guinta Pearce Benishek Hartzler Posey Cartwright Johnson (GA) Rush Amash Guthrie Perry Bera Heck (NV) Price, Tom Castor (FL) Johnson, E. B. Ryan (OH) Amodei Hanna Pittenger Bilirakis Hensarling Ratcliffe Castro (TX) Kaptur Sa´ nchez, Linda Babin Hardy Pitts Bishop (GA) Herrera Beutler Reed Chu, Judy Keating T. Barletta Harper Poe (TX) Bishop (MI) Hice, Jody B. Reichert Cicilline Kelly (IL) Sanchez, Loretta Barr Harris Poliquin Bishop (UT) Hill Renacci Clark (MA) Kennedy Sarbanes Barton Hartzler Pompeo Black Hinojosa Ribble Clarke (NY) Kildee Schakowsky Benishek Heck (NV) Posey Blackburn Holding Rice (SC) Clay Kilmer Schiff Bilirakis Hensarling Price, Tom Blum Hudson Rigell Cleaver Kind Scott (VA) Bishop (MI) Herrera Beutler Ratcliffe Bost Huelskamp Roby Clyburn Langevin Scott, David Bishop (UT) Hice, Jody B. Reed Boustany Huizenga (MI) Rogers (AL) Cohen Larsen (WA) Serrano Black Hill Reichert Brady (TX) Hultgren Rogers (KY) Connolly Larson (CT) Sherman Blackburn Holding Renacci Brat Hunter Rohrabacher Conyers Lawrence Sires Blum Hudson Ribble Bridenstine Hurd (TX) Rokita Cooper Lee Slaughter Bost Huelskamp Rice (SC) Brooks (AL) Hurt (VA) Rooney (FL) Courtney Levin Smith (WA) Boustany Huizenga (MI) Rigell Brooks (IN) Issa Ros-Lehtinen Crowley Lewis Speier Brady (TX) Hultgren Roby Buchanan Jenkins (KS) Roskam Cummings Lieu, Ted Swalwell (CA) Brat Hunter Rogers (AL) Buck Jenkins (WV) Ross Davis (CA) Lipinski Takai Bridenstine Hurd (TX) Rogers (KY) Bucshon Johnson (OH) Rothfus Davis, Danny Loebsack Takano Brooks (AL) Hurt (VA) Rohrabacher Burgess Johnson, Sam Rouzer DeGette Lowenthal Thompson (CA) Brooks (IN) Issa Rokita Byrne Jolly Royce Delaney Lowey Thompson (MS) Buchanan Jenkins (KS) Rooney (FL) Calvert Jones Russell DeLauro Lujan Grisham Tonko Buck Jenkins (WV) Ros-Lehtinen Carter (GA) Jordan Ryan (WI) DelBene (NM) Torres Bucshon Johnson (OH) Roskam ´ Carter (TX) Joyce Salmon DeSaulnier Lujan, Ben Ray Tsongas Burgess Johnson, Sam Ross Chabot Katko Sanford Deutch (NM) Van Hollen Byrne Jolly Rothfus Chaffetz Kelly (MS) Scalise Dingell Lynch Vargas Calvert Jones Rouzer Doggett Clawson (FL) Kelly (PA) Schrader Maloney, Veasey Carter (GA) Jordan Royce Doyle, Michael Carolyn Vela Coffman King (IA) Schweikert Carter (TX) Joyce Russell F. Maloney, Sean Vela´ zquez Cole King (NY) Scott, Austin Chabot Katko Ryan (WI) Duckworth Matsui Visclosky Collins (GA) Kinzinger (IL) Sensenbrenner Chaffetz Kelly (MS) Salmon Edwards McCollum Wasserman Collins (NY) Kirkpatrick Sessions Clawson (FL) Kelly (PA) Sanford Ellison McDermott Schultz Comstock Kline Sewell (AL) Coffman King (IA) Scalise Engel McGovern Waters, Maxine Conaway Knight Shimkus Cole King (NY) Schweikert Eshoo McNerney Watson Coleman Cook Kuster Shuster Collins (GA) Kinzinger (IL) Scott, Austin Esty Meeks Welch Costa Labrador Simpson Collins (NY) Kline Sensenbrenner Farr Meng Whitfield Costello (PA) LaMalfa Sinema Comstock Knight Sessions Cramer Fattah Moore Wilson (FL) Conaway Lamborn Smith (MO) Labrador Shimkus Crawford Lance Foster Moulton Yarmuth Cook LaMalfa Shuster Smith (NE) Crenshaw Latta Costello (PA) Lamborn Simpson Smith (NJ) Cuellar LoBiondo NOT VOTING—4 Cramer Lance Smith (MO) Smith (TX) Culberson Long Lofgren Peters Crawford Latta Smith (NE) Stefanik Curbelo (FL) Loudermilk Payne Roe (TN) Crenshaw LoBiondo Smith (NJ) Stewart Davis, Rodney Love Culberson Long Smith (TX) Stivers DeFazio Lucas b 1745 Curbelo (FL) Loudermilk Stefanik Stutzman Denham Luetkemeyer Davis, Rodney Love Stewart Thompson (PA) Dent Lummis So the bill was passed. Denham Lucas Stivers Thornberry DeSantis MacArthur The result of the vote was announced Dent Luetkemeyer Stutzman Tiberi DesJarlais Marchant DeSantis Lummis Thompson (PA) Tipton as above recorded. Diaz-Balart Marino The title of the bill was amended so DesJarlais MacArthur Thornberry Dold Massie Titus Dold Marchant Tiberi Donovan McCarthy Trott as to read: ‘‘A bill to expedite under Donovan Marino Tipton Duffy McCaul Turner the National Environmental Policy Act Duffy Massie Trott Upton Duncan (SC) McClintock of 1969 and improve forest management Duncan (SC) McCarthy Turner Duncan (TN) McHenry Valadao Duncan (TN) McCaul Upton Ellmers (NC) McKinley Wagner activities on National Forest System Ellmers (NC) McClintock Valadao Emmer (MN) McMorris Walberg lands, on public lands under the juris- Emmer (MN) McHenry Wagner Farenthold Rodgers Walden diction of the Bureau of Land Manage- Farenthold McKinley Walberg Walker Fincher McSally ment, and on tribal lands to return re- Fincher McMorris Walden Fitzpatrick Meadows Walorski Fitzpatrick Rodgers Walker Fleischmann Meehan Walters, Mimi silience to overgrown, fire-prone for- Fleischmann McSally Walorski Fleming Messer Walz ested lands, and for other purposes.’’. Fleming Meadows Walters, Mimi Flores Mica Weber (TX) A motion to reconsider was laid on Flores Meehan Weber (TX) Forbes Miller (FL) Webster (FL) Forbes Messer Webster (FL) Fortenberry Miller (MI) Wenstrup the table. Fortenberry Mica Wenstrup Foxx Moolenaar Westerman f Foxx Miller (FL) Westerman Franks (AZ) Mooney (WV) Westmoreland Franks (AZ) Miller (MI) Westmoreland Frelinghuysen Mullin Williams PROVIDING FOR CONSIDERATION Frelinghuysen Moolenaar Whitfield Garamendi Mulvaney Wilson (SC) Garrett Mooney (WV) Williams Garrett Murphy (PA) Wittman OF H.R. 6, 21ST CENTURY CURES Gibbs Mullin Wilson (SC) Gibbs Neugebauer Womack ACT Gibson Mulvaney Wittman Gibson Newhouse Woodall Gohmert Murphy (PA) Womack Gohmert Noem Yoder The SPEAKER pro tempore. The un- Goodlatte Neugebauer Woodall Goodlatte Nolan Yoho finished business is the vote on order- Gosar Newhouse Yoder Gosar Nugent Young (AK) ing the previous question on the reso- Gowdy Noem Young (AK) Gowdy Nunes Young (IA) lution (H. Res. 350) providing for con- Granger Nugent Young (IA) Graham Olson Young (IN) Graves (GA) Nunes Young (IN) Granger Palazzo Zeldin sideration of the bill (H.R. 6) to accel- Graves (LA) Olson Zeldin Graves (GA) Palmer Zinke erate the discovery, development, and Graves (MO) Palazzo Zinke

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.074 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5008 CONGRESSIONAL RECORD — HOUSE July 9, 2015 NAYS—185 Barr Hanna Perry Doggett Larsen (WA) Richmond Barton Hardy Pittenger Doyle, Michael Larson (CT) Roybal-Allard Adams Frankel (FL) Nadler Benishek Harper Pitts F. Lawrence Ruiz Aguilar Fudge Napolitano Bilirakis Harris Poe (TX) Duckworth Lee Ashford Gabbard Neal Ruppersberger Bishop (MI) Hartzler Poliquin Edwards Levin Bass Gallego Nolan Rush Bishop (UT) Heck (NV) Pompeo Ellison Lewis Beatty Garamendi Norcross Ryan (OH) Black Hensarling Posey Engel Lieu, Ted Becerra Graham O’Rourke Sa´ nchez, Linda Blackburn Herrera Beutler Price, Tom Eshoo Lipinski Bera Grayson Pallone T. Blum Hice, Jody B. Ratcliffe Esty Loebsack Beyer Green, Al Pascrell Sanchez, Loretta Bost Hill Reed Farr Lowenthal Bishop (GA) Green, Gene Pelosi Sarbanes Boustany Holding Reichert Fattah Lowey Blumenauer Grijalva Perlmutter Schakowsky Brady (TX) Hudson Foster Lujan Grisham Bonamici Gutie´rrez Peterson Renacci Schiff Brat Huelskamp Frankel (FL) (NM) Boyle, Brendan Hahn Pingree Ribble Bridenstine Huizenga (MI) Fudge Luja´ n, Ben Ray Schrader F. Hastings Pocan Rice (SC) Brooks (AL) Hultgren Gabbard (NM) Scott (VA) Brady (PA) Heck (WA) Polis Rigell Brooks (IN) Hunter Gallego Lynch Scott, David Brown (FL) Higgins Price (NC) Roby Buchanan Hurd (TX) Garamendi Maloney, Serrano Brownley (CA) Himes Quigley Rogers (AL) Buck Hurt (VA) Graham Carolyn Sewell (AL) Bustos Hinojosa Rangel Rogers (KY) Bucshon Issa Grayson Maloney, Sean Sherman Butterfield Honda Rice (NY) Rohrabacher Burgess Jenkins (KS) Green, Al Matsui Sires Capps Hoyer Richmond Rokita Byrne Jenkins (WV) Green, Gene McCollum Slaughter Capuano Huffman Roybal-Allard Rooney (FL) Calvert Johnson (OH) Grijalva McDermott Smith (WA) Ca´ rdenas Israel Ruiz Ros-Lehtinen Carter (GA) Johnson, Sam Gutie´rrez McGovern Speier Carney Jackson Lee Ruppersberger Roskam Carter (TX) Jolly Hahn McNerney Swalwell (CA) Carson (IN) Jeffries Rush Ross Chabot Jones Hastings Meeks Takai Cartwright Johnson (GA) Ryan (OH) Rothfus Chaffetz Jordan Heck (WA) Meng Castor (FL) Johnson, E. B. Sa´ nchez, Linda Rouzer Takano Clawson (FL) Joyce Higgins Moore Castro (TX) Kaptur T. Royce Thompson (CA) Coffman Katko Himes Moulton Chu, Judy Keating Sanchez, Loretta Russell Thompson (MS) Cole Kelly (MS) Hinojosa Murphy (FL) Cicilline Kelly (IL) Sarbanes Ryan (WI) Titus Collins (GA) Kelly (PA) Honda Nadler Clark (MA) Kennedy Schakowsky Salmon Tonko Collins (NY) King (IA) Hoyer Napolitano Clarke (NY) Kildee Schiff Sanford Torres Comstock King (NY) Huffman Neal Clay Kilmer Schrader Scalise Tsongas Conaway Kinzinger (IL) Israel Nolan Cleaver Kind Scott (VA) Schweikert Van Hollen Cook Kline Jackson Lee Norcross Clyburn Kirkpatrick Scott, David Scott, Austin Vargas Cooper Knight Jeffries O’Rourke Cohen Kuster Serrano Sensenbrenner Veasey Costello (PA) Labrador Johnson (GA) Pallone Connolly Langevin Sewell (AL) Sessions Vela Cramer LaMalfa Johnson, E. B. Pascrell Conyers Larsen (WA) Sherman Shimkus ´ Crawford Lamborn Kaptur Pelosi Velazquez Cooper Larson (CT) Sinema Shuster Crenshaw Lance Keating Perlmutter Visclosky Costa Lawrence Sires Simpson Culberson Latta Kelly (IL) Peterson Walz Courtney Lee Slaughter Sinema Curbelo (FL) LoBiondo Kennedy Pingree Wasserman Crowley Levin Smith (WA) Smith (MO) Davis, Rodney Long Kildee Pocan Schultz Cuellar Lewis Speier Smith (NE) Denham Loudermilk Kilmer Polis Waters, Maxine Cummings Lieu, Ted Swalwell (CA) Smith (NJ) Dent Love Kind Price (NC) Watson Coleman Davis (CA) Lipinski Takai Smith (TX) DeSantis Lucas Kirkpatrick Quigley Welch Davis, Danny Loebsack Takano Stefanik DesJarlais Luetkemeyer Kuster Rangel Wilson (FL) DeFazio Lowenthal Thompson (CA) Diaz-Balart Lummis Stewart Langevin Rice (NY) Yarmuth DeGette Lowey Thompson (MS) Dold MacArthur Stivers Delaney Lujan Grisham Titus Donovan Marchant Stutzman NOT VOTING—6 DeLauro (NM) Tonko Thompson (PA) Duffy Marino Amodei Payne Roe (TN) DelBene Luja´ n, Ben Ray Torres Thornberry Duncan (SC) Massie Lofgren Peters Walden DeSaulnier (NM) Tsongas Duncan (TN) McCarthy Tiberi Deutch Lynch Van Hollen Ellmers (NC) McCaul Tipton b 1801 Dingell Maloney, Vargas Emmer (MN) McClintock Trott Doggett Carolyn Veasey Farenthold McHenry Turner So the resolution was agreed to. Doyle, Michael Maloney, Sean Vela Fincher McKinley Upton The result of the vote was announced F. Matsui Vela´ zquez Fitzpatrick McMorris Valadao Duckworth McCollum Visclosky as above recorded. Fleischmann Rodgers Wagner Edwards McDermott Walz A motion to reconsider was laid on Fleming McSally Walberg Ellison McGovern Wasserman Flores Meadows Walker the table. Engel McNerney Schultz Forbes Meehan Walorski Eshoo Meeks Waters, Maxine f Fortenberry Messer Walters, Mimi Esty Meng Watson Coleman Foxx Mica Weber (TX) Farr Moore Welch 21ST CENTURY CURES ACT Franks (AZ) Miller (FL) Webster (FL) Fattah Moulton Wilson (FL) Frelinghuysen Miller (MI) Wenstrup GENERAL LEAVE Foster Murphy (FL) Yarmuth Garrett Moolenaar Westerman Mr. UPTON. Mr. Speaker, I ask unan- NOT VOTING—6 Gibbs Mooney (WV) Westmoreland Gibson Mullin Whitfield imous consent that all Members have 5 Diaz-Balart Payne Roe (TN) Gohmert Mulvaney Williams legislative days to revise and extend Lofgren Peters Yoho Goodlatte Murphy (PA) Wilson (SC) their remarks and include extraneous Gosar Neugebauer Wittman material on H.R. 6. b 1753 Gowdy Newhouse Womack The SPEAKER pro tempore. Is there So the previous question was ordered. Granger Noem Woodall Graves (GA) Nugent Yoder objection to the request of the gen- The result of the vote was announced Graves (LA) Nunes Yoho tleman from Michigan? as above recorded. Graves (MO) Olson Young (AK) There was no objection. The SPEAKER pro tempore. The Griffith Palazzo Young (IA) The SPEAKER pro tempore. Pursu- question is on the resolution. Grothman Palmer Young (IN) Guinta Paulsen Zeldin ant to House Resolution 350 and rule The question was taken; and the Guthrie Pearce Zinke XVIII, the Chair declares the House in Speaker pro tempore announced that the Committee of the Whole House on the ayes appeared to have it. NOES—183 the state of the Union for the consider- RECORDED VOTE Adams Butterfield Connolly Aguilar Capps Conyers ation of the bill, H.R. 6. Mr. MCGOVERN. Mr. Speaker, I de- Ashford Capuano Costa The Chair appoints the gentleman mand a recorded vote. Bass Ca´ rdenas Courtney from Nevada (Mr. HARDY) to preside A recorded vote was ordered. Beatty Carney Crowley over the Committee of the Whole. The SPEAKER pro tempore. This is a Becerra Carson (IN) Cuellar Bera Cartwright Cummings b 1803 5-minute vote. Beyer Castor (FL) Davis (CA) The vote was taken by electronic de- Bishop (GA) Castro (TX) Davis, Danny IN THE COMMITTEE OF THE WHOLE vice, and there were—ayes 244, noes 183, Blumenauer Chu, Judy DeFazio Bonamici Cicilline DeGette Accordingly, the House resolved not voting 6, as follows: Boyle, Brendan Clark (MA) Delaney itself into the Committee of the Whole [Roll No. 430] F. Clarke (NY) DeLauro House on the state of the Union for the Brady (PA) Clay DelBene consideration of the bill (H.R. 6) to ac- AYES—244 Brown (FL) Cleaver DeSaulnier Abraham Allen Babin Brownley (CA) Clyburn Deutch celerate the discovery, development, Aderholt Amash Barletta Bustos Cohen Dingell and delivery of 21st century cures, and

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.030 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5009 for other purposes, with Mr. HARDY of Act.’’ As a result of your having consulted standing team on Energy and Com- Nevada in the chair. with us on provisions in H.R. 6 that fall with- merce. They have been fantastic, work- The Clerk read the title of the bill. in the Rule X jurisdiction of the Committee ing 24/7. The CHAIR. Pursuant to the rule, the on Ways and Means, I agree to waive consid- Mr. Chairman, H.R. 6 was reported bill is considered read the first time. eration of this bill so that it may proceed ex- The gentleman from Michigan (Mr. peditiously to the House floor. from Energy and Commerce Committee The Committee on Ways and Means takes by a vote of 51–0 and advances conserv- UPTON) and the gentleman from New this action with the mutual understanding ative and fiscal and regulatory re- Jersey (Mr. PALLONE) each will control that by forgoing consideration of H.R. 6 at forms. Every dollar of advanced appro- 30 minutes. this time, we do not waive any jurisdiction The Chair recognizes the gentleman over the subject matter contained in this or priations in the bill, which will sunset from Michigan. similar legislation, and the Committee will at the end of FY 2020, is offset by other Mr. UPTON. Mr. Chairman, I include be appropriately consulted and involved as permanent reforms, including billions the Committee on Energy and Com- the bill or similar legislation moves forward of dollars in mandatory entitlement merce exchange of letters with the so that we may address any remaining issues savings in Medicare and Medicaid. Committee on Ways and Means and the that fall within our Rule X jurisdiction. The This is no ordinary spending, like the Committee also reserves the right to seek Committee on Science, Space, and appointment of an appropriate number of kind we usually see in entitlement Technology. conferees to any House-Senate conference in- spending such as Social Security, HOUSE OF REPRESENTATIVES, COM- volving this or similar legislation, and re- Medicare, Medicaid, and ObamaCare. MITTEE ON SCIENCE, SPACE, AND quests your support for such request. This mandatory spending is for 5 years TECHNOLOGY, Finally, I would appreciate your response only, and then it sunsets. This manda- Washington, DC, July 9, 2015. to this letter confirming this understanding, tory spending is fully paid for with Hon. FRED UPTON, and would ask that a copy of our exchange of mandatory spending cuts elsewhere Chairman, Committee on Energy and Commerce, letters on this matter be included in the House of Representatives, Washington, DC. Congressional Record during floor consider- that will not stop in 5 years, but are DEAR MR. CHAIRMAN: I am writing con- ation thereof. permanent reforms resulting in real cerning H.R. 6, the ‘‘21st Century Cures Act,’’ Sincerely, savings. By comparison, the Ryan-Mur- which your Committee ordered reported on PAUL RYAN, ray budget deal for healthcare savings May 21, 2015. Chairman. yielded much less. H.R. 6 contains provisions within the Com- This innovative hybrid approach al- mittee on Science, Space, and Technology’s HOUSE OF REPRESENTATIVES, Rule X jurisdiction. As a result of your hav- lows us to cut mandatory spending and COMMITTE ON ENERGY AND COMMERCE, ing consulted with the Committee and in Washington, DC, July 9, 2015. use the savings to fund what would order to expedite this bill for floor consider- Hon. PAUL RYAN, otherwise be a discretionary project, ation, the Committee on Science, Space, and Chairman, Committee on Ways and Means, but in this case, it is a 5-year dedicated Technology will not seek a sequential refer- Washington, DC spending on medical research. ral. This is being done on the basis of our DEAR CHAIRMAN RYAN: Thank you for your mutual understanding that doing so will in The Congressional Budget Office de- letter with respect to H.R. 6, the ‘‘21st Cen- termined that H.R. 6 will reduce the no way diminish or alter the jurisdiction of tury Cures Act.’’ I appreciate your willing- the Committee on Science, Space, and Tech- ness to waive consideration of H.R. 6 so that deficit by $500 million over the first 10 nology with respect to the appointment of it may proceed expeditiously to the House years and at least $7 billion over the conferees, or to any future jurisdictional floor. second decade. The funds provided to claim over the subject matters contained in I agree that by forgoing consideration of the NIH and FDA will be subject to ex- the bill or similar legislation. H.R. 6 at this time, the Committee on Ways I would appreciate your response to this plicit review and reprogramming and Means does not waive any jurisdiction through the annual appropriations letter confirming this understanding, and over the subject matter contained in this or would request that you include a copy of this similar legislation, and the Committee will process. Congress can review the dedi- letter and your response in the Congres- be appropriately consulted and involved as cated funding and allocate it for spe- sional Record during the floor consideration the bill or similar legislation moves forward cific initiatives. of this bill. Thank you in advance for your so that the Committee may address any re- Mr. Chairman, by modernizing clin- cooperation. maining issues that fall within its Rule X ju- Sincerely, ical trials, eliminating duplicative ad- risdiction. Further, I understand that the ministrative requirements, and per- LAMAR SMITH, Committee reserves the right to seek ap- Chairman. pointment of an appropriate number of con- haps, most importantly, making FDA ferees to any House-Senate conference in- less bureaucratic by advancing the HOUSE OF REPRESENTATIVES, volving this or similar legislation, and I will voice and needs of patients in the drug COMMITTEE ON ENERGY AND COMMERCE, support such a request. and device approval process, H.R. 6 will Washington, DC, July 9, 2015. I will include a copy of your letter and this make lasting, positive changes to the Hon. LAMAR SMITH, response in the Congressional Record during entire ecosystem of Cures. Over 250 pa- Chairman, Committee on Science, Space, and the floor consideration of this bill. tient groups have enthusiastically said Technology, Washington, DC. Sincerely, ‘‘yes’’ and endorsed this legislation. DEAR CHAIRMAN SMITH: Thank you for your FRED UPTON, letter concerning H.R. 6, the ‘‘21st Century Chairman. Mr. Chairman, I urge all of my col- Cures Act.’’ Mr. UPTON. Mr. Chairman, I yield 2 leagues to think of the patients and I appreciate your willingness to forgo seek- vote ‘‘aye’’ in support of H.R. 6. ing a sequential referral on H.R. 6 in order to minutes to the gentleman from Penn- expedite this bill for floor consideration. I sylvania (Mr. PITTS), the distinguished Mr. PALLONE. Mr. Chairman, I yield agree that doing so will in no way diminish chairman of the Health Subcommittee. myself such time as I may consume. or alter the jurisdiction of the Committee on Mr. PITTS. Mr. Chairman, I want to Mr. Chairman, today the House is Science, Space, and Technology with respect first commend Chairman UPTON, Rank- considering H.R. 6, the 21st Century to the appointment of conferees, or to any ing Member PALLONE, Congresswoman Cures Act, legislation that will further future jurisdictional claim over the subject DEGETTE, and Ranking Member GENE matters contained in the bill or similar leg- encourage biomedical innovation and GREEN of Texas for their outstanding islation. the development of new treatments and I will include a copy of your letter and this support and leadership on this. cures that will benefit millions. Mr. Chairman, I rise in strong sup- response in the Congressional Record during More importantly, this legislation the floor consideration of this bill. port of H.R. 6, the 21st Century Cures Sincerely, Act, which will help advance the dis- will ensure that our country remains FRED UPTON, covery, development, and delivery of on the forefront of medical innovation Chairman. new treatments and cures for patients while maintaining the gold standard and will foster private sector innova- for approvals of medical products. HOUSE OF REPRESENTATIVES, tion here in the United States. Mr. Chairman, this legislation is the COMMITTEE ON WAYS AND MEANS, I have a whole list of people I would product of numerous forums that oc- Washington, DC, July 7, 2015. like to thank. I will provide that for curred in Washington and around the Hon. FRED UPTON, Chairman, Committee on Energy and Commerce, the RECORD. I especially want to thank Nation that heard directly from pa- Washington, DC. legislative counsel for their tireless ef- tients and advocacy groups about what DEAR CHAIRMAN UPTON: I am writing with forts, the healthcare staff of the Con- innovations could make a difference in respect to H.R. 6, the ‘‘21st Century Cures gressional Budget Office, and the out- curing diseases.

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.080 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5010 CONGRESSIONAL RECORD — HOUSE July 9, 2015 It is a truly bipartisan initiative of ical funding included in the legislation (Mr. GENE GREEN), who is the ranking the Energy and Commerce Committee, for NIH and FDA discretionary. The member of our Health Subcommittee. and I want to thank Chairman UPTON; NIH ensures the innovation fund was b 1815 Health Subcommittee chairman Mr. created to be a resource to both NIH, PITTS; Ranking Member GREEN; and FDA, universities, and researchers, in- Mr. GENE GREEN of Texas. Mr. our sponsor on the Democratic side, cluding those just beginning their ca- Chairman, I rise in strong support of Representative DIANA DEGETTE, for reers. the bipartisan landmark legislation, working together on this bill. Any efforts to make this funding dis- H.R. 6, the 21st Century Cures Act. The legislation includes a number of cretionary threatens the commitment Dozens of roundtables and hearings, policy proposals that are meant to ad- made in 21st Century Cures to encour- thousands of responses from stake- vance the work that NIH and FDA are age innovation. holders, and countless hours went into already doing to encourage innovation I also want to express, Mr. Chairman, crafting this bill. This legislation is in medicine, and I want to highlight my disappointment over the inclusion the product of months of bipartisan some of those. of controversial policy riders on what collaboration with the administration First, it promotes and supports the was otherwise a strong bipartisan bill. and stakeholders. As a result, H.R. 6 is best biomedical workforce in the world This inclusion, added to the bill after supported by more than 370 patient while also increasing the diversity of unanimous passage out of the Energy groups, physician groups, and research that workforce by requiring the NIH to and Commerce Committee, is a polit- institutions across the country. ensure participation of scientists from ical distraction from the discussion we The investments and provisions in underrepresented communities. should be having on the underlying pol- this bill will accelerate the develop- Second, it encourages the develop- icy. ment of new tools and treatments for ment of precision medicine and next I hope that, tomorrow, my colleagues the fight against diseases, which have a generation treatments. will join me in supporting Congress- great cost to our economy and an even Third, it provides FDA with addi- woman LEE’s amendment which will greater toll on the patients and fami- tional tools to make the drug approval strike those troubling riders from the lies that suffer from them. process more efficient, such as stream- legislation. After more than a decade of cuts and lined data review and the use of bio- Despite these concerns, I remain to- stagnant budgets, the National Insti- markers in clinical experience to en- tally supportive of the 21st Century tutes of Health will receive $8.75 bil- sure that new treatments can reach pa- Cures Act, as I believe it does take sig- lion, and it will not increase the def- tients in a timely manner. nificant steps towards enhancing how icit. This influx of investment will be Fourth, it modernizes clinical trials we discover and develop innovative new put toward solving today’s complex sci- and supports the inclusion of diverse medical treatments in the United entific problems and discovering the populations in clinical research next generation of medical breakthrough the National Institute on Mi- States. Once again, I take great pride in the throughs. nority Health and Health Disparities. In addition to this much-needed fund- Fifth, it facilitates the development fact that we were able to do this on a ing for medical research, there are so of important antimicrobials and treat- bipartisan basis in our committee and many provisions in this package wor- ment for rare diseases and clarifies the report the bill out unanimously. thy of support. The 21st Century Cures regulatory pathway for software for Mr. Chairman, I would urge a ‘‘yes’’ Act will deliver hope and new treat- medical applications at FDA. vote, and I reserve the balance of my Finally—although not finally—there time. ments to Americans. are many, many more positive develop- Mr. UPTON. Mr. Chairman, I yield 1 While some of the provisions are ments in this bill, but I do want to minute to the vice chair of the full technical in nature, their real-world mention last, ensuring interoperability committee, the gentlewoman from impact is not abstract. Patients and of our health system which will lead to Tennessee (Mrs. BLACKBURN). families deserve to have their elected better access to health information, co- Mrs. BLACKBURN. Mr. Chairman, officials respond to their needs, and ordinated care, and improved out- America really is at its best when we that is what this bill does. comes. are facing challenges, and so many of I want to thank Chairman UPTON, Most importantly, Mr. Chairman, the challenges that we face today are Congresswoman DEGETTE, Ranking 21st Century Cures also provides man- in the area of health care and Member PALLONE, and Chairman PITTS datory funding to both NIH and FDA to healthcare delivery. for their leadership, vision, and deter- carry out the activities in this legisla- Right now, we know we have over mination to speed the medical tion, funding that is critically needed 10,000 identified diseases. We only have progress. This is an example of what if Congress wants NIH and FDA to fund cures for 500 of those. This is why we our constituents want us to do: legis- innovative ways to cure diseases. need to work to focus the NIH and the late and solve problems. However, I am concerned that the FDA on a cures strategy and do this It was a privilege to be involved in very goal this legislation set out to through the legislation that is before this landmark effort, and I want to achieve to encourage biomedical inno- us today. Indeed, it is bipartisan, and it thank the staffs, legislative counsel, vation and the development of new carries different components of bipar- and the countless stakeholders who treatments and cures is undermined tisan legislation. worked tirelessly to craft a bill that somewhat by a reduction in funding for One is the SOFTWARE Act that Rep- lives up to the promises of the 21st NIH from $10 billion to $8.75 billion. resentative GREEN and I have worked Century Cures initiative. This funding level, the larger one, on. Mr. Chairman, getting bureaucracy I strongly support H.R. 6 and urge my the $10 billion over 5 years in the origi- out of the way and allowing innovation colleagues to do the same. nal bill, enjoyed the unanimous sup- is the goal of the SOFTWARE Act. It Mr. UPTON. Mr. Chairman, I yield 1 port from the members of the Energy would codify the manner in which the minute to the gentleman from Mis- and Commerce Committee and the 230 FDA approaches health IT, including sissippi (Mr. HARPER). Members of the House who were co- the wonderful apps that we use to help Mr. HARPER. Mr. Chairman, I rise sponsors of H.R. 6. make us healthy. today to speak about the importance of If Congress is truly committed to ad- The FDA is the agency charged with tomorrow’s vote on the 21st Century vancing and encouraging biomedical ensuring the safety and efficacy of Cures initiative. This takes the nec- innovation, we must ensure that the drugs and medical devices, but data is essary steps forward so that we can de- Federal Government agencies we en- not a drug or a device, and it makes no liver safe, effective treatments much trust with facilitating that goal have sense to regulate it as such. That is more efficiently and creatively across the resources to do so, and I hope that, why we bring forward the SOFTWARE America. This legislation would give at some point, as we move further, we Act. We support the bill and encourage NIH, along with the FDA, much-needed can go back to the $10 billion. others to support it. additional research dollars. I would also urge my colleagues to Mr. PALLONE. Mr. Chairman, I yield Specifically, imagine how a signifi- reject any attempts to make the crit- 3 minutes to the gentleman from Texas cant increase in funding could speed up

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.081 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5011 treatments and cures for such debili- to support our bill, the 21st Century posals in President Obama’s precision tating diseases such as Alzheimer’s and Cures. But what struck me was, in the medicine initiative as part of this. ALS. This legislation gives researchers 25-plus years since we lost Lino Senior, With this bill, Mr. Chairman, we are a fighting chance in the hope of finding there has been no cure. There has been going to make sure that in the 21st a cure for so many diseases and dis- no real treatment for patients who re- century, the pace of breakthroughs, orders. Investing in research today will ceive this diagnosis. treatments, and cures accelerates to pay dividends long into the future and ALS has been well known and thor- meet the challenges of our time. A will significantly reduce costs of treat- oughly evaluated for a long time—after healthier world is coming, and I look ment. all, it gets its nickname from one of forward to getting there as fast as we Give families hope. Vote ‘‘yes’’ on the most popular athletes of the 1920s— all can. 21st Century Cures. but we have made virtually no progress You know, we couldn’t have done Mr. PALLONE. Mr. Chairman, I in finding a cure. This is not for lack of this without this team, and I want to would ask my chairman to proceed trying. take my minute to thank so many peo- with another Republican because the The ALS community is incredibly ac- ple who have helped with this. Ranking gentleman seems to have more people. tive. Plenty of us in this Chamber and Member PALLONE’s staff: Jeff, Tiffany, Mr. UPTON. I yield 1 minute to the people all around the country took Kim, Arielle, Rachel, Eric, Waverly; gentleman from Illinois (Mr. SHIMKUS). part in the ice bucket challenge last Ranking Member GREEN’s staff: Mr. SHIMKUS. Mr. Chairman, I am year. I thank FRED UPTON for a lot of Kristen; Chairman UPTON’s staff: Gary, here on the Democrat side, congratu- things, but maybe the thing I should Clay, John, Paul, Carly, Katie, lating them for great work on 21st Cen- thank FRED for the most was giving me Adrianna, Robert, Josh, Joan, Bits, tury Cures. the opportunity to take the ice bucket Mark, Sean, Noelle, Tom, Leighton— I was involved in a couple pieces of challenge last year. they are the majority; they have a lot the legislation that were added, one on Thanks so much, FRED. more staff than we do—Chairman antibiotic resistance and a lot on med- There is real hope, however, though, PITTS’ staff: Heidi; Representative BUR- ical devices, because we need to reform for ALS and for thousands of diseases GESS’ staff: JP and Daniel; my unbe- the process. The bureaucracy is tough. for which we lack treatments and lievable and intrepid staff: Rachel, So, in streamlining these procedures, cures. Thanks to the mapping of the Elizabeth, Matt, Eleanor, Diana Gam- we are not questioning or addressing or human genome and technological ad- brel, Cole; my wonderful chief of staff harming individual safety, but what we vances like electronic health records, who has been with me for 19 years; leg are doing is making sure these devices researchers are poised to discover new counsel. get to where they need it in the breakthroughs that promise dramatic Most of all, I want to thank my part- quickest possible time. improvements for patients. ner and compatriot, FRED UPTON. You This is just a small part of the great The bill before us today, 21st Century have been fabulous, and I look forward work of my friends on this side—I hope Cures, will ensure that the great prom- to taking this over the finish line with you don’t mind me being over here— ise of these developments is harnessed you. Mr. UPTON. Mr. Chairman, I yield 1 and the majority side in that it is a by our Nation’s premiere research fa- minute to the gentleman from Mary- tribute to what we can do when we cilities, the National Institutes of land (Mr. HARRIS), a member of the Ap- work together. I am proud to be part of Health, and the Food and Drug Admin- propriations Committee and a very val- this team. istration. uable member as we put this package Mr. PALLONE. I yield 5 minutes to 21st Century Cures is a comprehen- together. the gentlewoman from Colorado (Ms. sive bill which will encourage the de- Mr. HARRIS. Mr. Chairman, curing DEGETTE), the Democratic sponsor of velopment of new treatments and disease and suffering is something that the bill who has worked so hard to cures. It starts by making a major in- even this Congress can agree on on bring us to this day with this bill on vestment in research with the creation both sides of the aisle. This is obvious the floor. of a 5-year, $8.75 billion innovation from tonight’s debate. Ms. DEGETTE. Mr. Chairman, my fa- fund at the NIH. We create this fund to Preventative measures are impor- ther-in-law, Lino Lipinsky de Orlov give the leaders the chance to plan tant, but there are still diseases that Senior, was a true renaissance man. strategically and to give longer term we don’t understand how to prevent, During World War II, he was a member support to promising research projects. much less treat. And the purpose of the of the Italian resistance, whose family Ultimately, these investments will cure and innovation fund is, in fact, to sheltered Jews and Allied solders in help produce new discoveries in the lab. accelerate the discovery. their apartment. An artist by training, Cures then helps to take those dis- Before I came here, I did research on he made his way to this country with coveries and turn them into treat- diseases. Is there anyone in the coun- letters of introduction and became a ments for patients. We begin by mod- try who doesn’t believe that we will world-renowned etcher and museum cu- ernizing clinical trials, including new cure diseases like Alzheimer’s or ALS? rator. efforts to ensure diverse populations It is only a matter of time and the in- Most importantly, Lino Senior was a participate in these research projects. vestments that we place in it. As the wonderful person. Kind to all and be- We allow centralized approval for gentlewoman from Colorado stated, we loved by his family and friends, he rev- clinical trials and adaptive trial de- have a lot of the pieces in place in eled in life’s small pleasures, creating signs to eliminate wasteful duplication order to create these tremendous new whimsical drawings for his loved one’s of effort. discoveries, and this bill gets us on the birthday cards and recounting tales of We include the patient perspective path. Italian youth, from idyllic summers on into every facet of discovering, devel- There is going to be a lot of talk Capri to his escapades in the Resist- oping, and delivering treatments, so about cost on the floor, but the cost of ance. that a conceptual breakthrough can be these diseases is not just measured in So, Mr. Chairman, it was more than a applied in practical ways. dollars. The cost is measured in fami- tragedy when in 1988, we lost Lino Sen- We encourage new disease registries lies in ways that you can’t measure in ior to ALS, or Lou Gehrig’s disease. to pool information and help research- dollars. ALS is a debilitating disease that ers drill into the data to find the Any family who treated a member weakens and atrophies muscles, leav- unique and sometimes subtle needs of with Alzheimer’s disease, for instance, ing those with the disease the inability patient populations. understands exactly what I mean by to perform even the most mundane We help new scientists begin their ca- that. tasks, much less the ability to create reers in research so that great minds Now, a lot of those costs are huge. great art. can tackle our biomedical challenges, Alzheimer’s alone, for instance, is hun- Last week, at Craig Rehabilitation and we will unlock the potential of dreds of billions of dollars in Medicare Hospital in Denver, I met a young man modern technologies by facilitating and Medicaid expenses over the next 10 stricken with ALS who was already safe data sharing and using digital years. If we can cure it, we can save confined to a wheelchair. He was there medicine. We include many of the pro- those.

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.083 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5012 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Mr. Chairman, it is time to invest in sistent systemic and widespread dis- empting future Food and Drug Admin- those cures. We simply can’t afford not parities in health outcomes for minor- istration user fees from sequestration. to. ity communities. I urge an extremely positive vote to- Mr. UPTON. Mr. Chairman, I yield 1 As you know, many diseases, includ- morrow. I hope that all of our col- minute to the gentleman from South ing cancer, heart disease, stroke, HIV/ leagues will support this to indicate to Carolina (Mr. DUNCAN). AIDS, diabetes, lupus, osteoporosis, the Senate of the United States that it Mr. DUNCAN of South Carolina. Mr. asthma, sickle cell, and kidney dis- should move forward as well so that Chairman, I lost my father April 14 of eases have been studied at length and the legislation can reach the desk of this year to Alzheimer’s. It is a terrible still afflict minority populations in the President of the United States. disease. I watched how it affected him. disturbing numbers and at disturbing Mr. UPTON. Mr. Chairman, I yield 1 I know that there are millions of rates. minute to the gentleman from Indiana Americans and American families that Minorities are disproportionately (Mr. BUCSHON), a member of the Health are dealing with Alzheimer’s. underrepresented in clinical trials. Subcommittee. The 21st Century Cures Act will focus There are many reasons attributed to Mr. BUCSHON. Mr. Chairman, I rise some resources so we can find a cure this disproportionality, such as a lack today in support of 21st Century Cures, for Alzheimer’s and we can find a cure of funding. an initiative that gives hope to pa- for these diseases that are costing The chief culprit is that research pro- tients and families who have battled or American taxpayers so much money. fessionals tend to work toward solu- who will battle one of the 10,000 dis- I want to applaud the chairman, and tions for the cure of diseases to which eases with no known cures, like my I want to urge everyone to get behind they have personal connections and good friend and mayor of Jasper, Indi- the 21st Century Cures Act so we can have personal experiences. ana, Terry Seitz, who lost his wife and find a cure for diseases like Alz- Mr. Chairman, I am so glad that the the mother of their two daughters, Ann heimer’s in memory of my father, John 21st Century Cures Act does address Seitz, to ALS 5 years ago on Thanks- giving Day, the family’s favorite holi- Duncan. some of these critical issues. I rise in day. Mr. PALLONE. Mr. Chairman, I yield support of the 21st Century Cures Act, As Mayor Seitz put it, 21st Century 2 minutes to the gentleman from Illi- and I urge my colleagues on both sides Cures gives patients and their families of the aisle to vote in favor of H.R. 6. nois (Mr. RUSH), who is the ranking the opportunity for hope and the abil- Mr. UPTON. Mr. Chairman, I yield 1 member of our Energy Subcommittee. ity to cope. These two things mean the minute to the gentleman from Florida Mr. RUSH. Mr. Chairman, I rise in world to those fighting a rare disease (Mr. BILIRAKIS), a member of the support of H.R. 6, the 21st Century who face so much uncertainty about Health Subcommittee. Cures Act, and I want to thank Chair- what the future may hold. 21st Century Mr. BILIRAKIS. Mr. Chairman, I rise man UPTON, Ranking Member PAL- Cures turns hopelessness into hope. in support of the 21st Century Cures LONE, Ranking Member GREEN, and Mr. Chairman, we have a real oppor- Act. Ranking Member DEGETTE for their tunity today to improve the lives of This bill represents meaningful re- tireless work and commitment to this these patients across the country, and form for patients with rare or chronic issue. we need to seize it. Mr. Chairman, this landmark piece of conditions. I would like to highlight Mr. UPTON. Mr. Chairman, I yield 1 legislation will help modernize and per- one provision I am so proud of, the minute to the gentlewoman from North OPEN Act. sonalize health care, encourage greater Carolina (Mrs. ELLMERS), a member of innovation, support research, and There are 1 in 10 Americans who suf- the Health Subcommittee. streamline the healthcare system to fer from a rare disease. That is 10 per- Mrs. ELLMERS of North Carolina. deliver better, faster cures to more and cent of the country. Over 95 percent of Mr. Chairman, I rise today to shed more patients. these diseases have no treatments. light on why the nonpartisan 21st Cen- Mr. Chairman, we might live in dif- Patients like Candace and Laura tury Cures Act is important for pa- ferent regions, we might live in dif- from the Tampa Bay Area need FDA- tients everywhere. ferent times, we might be of different approved safe and effective treatments. As a nurse and as part of our team nationalities, we might even be of dif- Laura has no treatment options, and working on this effort over the last ferent faiths, but when it comes to the Candace did her own research and took year, I can relay that the 21st Century overall health of our Nation, we can a medication off label and is now in re- Cures Act is important because of peo- surely put aside our differences and do mission. ple like my constituent back home, the right thing for the American peo- The OPEN Act will incentivize major Ellie Helton. ple. market drugs and combination drug Ellie was a beautiful, courageous I want to highlight two provisions of products to be repurposed to treat rare constituent of mine. She loved peanut my bill, H.R. 2468, the Minority Inclu- diseases and put them on label. butter cups, the color pink, and most sion in Clinical Trials Act of 2015, that The 30 million Americans with rare of all her family and her friends. At were included in the 21st Century Cures diseases need your ‘‘yes’’ vote. Vote for about this time last year Ellie suffered Act. this bill. Vote for patients. from a ruptured brain aneurysm that The first provision will require the Mr. PALLONE. Mr. Chairman, I re- took her life at the tender age of 14. National Institute on Minority Health serve the balance of my time. The 21st Century Cures Act legisla- and Health Disparities to include, Mr. UPTON. Mr. Chairman, I yield 1 tion creates an accelerated process by within its strategic plan for biomedical minute to the gentleman from New which we discover and develop cures research, ways to increase representa- Jersey (Mr. LANCE), a member of the and treatments for patients like Ellie. tion of underrepresented communities Health Subcommittee. This legislation is fully offset and will in clinical trials. Mr. LANCE. Mr. Chairman, this is reduce the deficit by more than $500 the way Congress should work, in a bi- million over the first decade. 1830 b partisan capacity. In my 5 years on the Mr. Chairman, I am so proud to be a The second will ensure that it re- committee, this is the most significant Member of Congress who is working on mains a priority at NIH to increase the piece of legislation to be voted out of this legislation with all of my col- inclusion rates of traditionally under- the committee unanimously. leagues, and I am so proud of our chair- represented communities within the fu- To those of us who are listening on man, FRED UPTON, for the work that he ture biomedical workforce. C–SPAN this evening, this is what the has done. This is an incredible effort, The CHAIR. The time of the gen- American people demand of Congress, and I am so proud to be a part of it. tleman has expired. bipartisan cooperation. Mr. PALLONE. Mr. Chairman, I yield Mr. PALLONE. Mr. Chairman, I yield This bill will save countless lives not 2 minutes to the gentlewoman from the gentleman such time as he may only in this country, but across the California (Mrs. CAPPS), who is also a consume. globe. I am so pleased it includes lan- healthcare professional. Mr. RUSH. Simply put, Mr. Chair- guage coauthored by Congresswoman Mrs. CAPPS. I thank my colleague man, these provisions addressed per- ANNA ESHOO of California and me ex- for yielding.

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.084 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5013 Mr. Chairman, I rise today to speak Millions of people use the Internet to 21st Century Cures can make all of on behalf of H.R. 6, the 21st Century find critical health information on the difference. She recently told me, as Cures Act, and I salute the bipartisan treatments and other health topics. one of the many hundreds of thousands authors of this bill. Unfortunately, current FDA regula- of patients living with chronic lin- I am a cosponsor of this legislation. I tions do not help communicate accu- gering cancer, ‘‘I am always looking am proud of the many hours of work rate, meaningful information online forward to the future for the next ther- that members of the Energy and Com- about healthcare solutions, such as apy that can either hold off my cancer merce Committee have put in to find prescription drugs and medical devices. or potentially cure it, and in the past common ground. This is a real achieve- There is enormous potential to im- the wait for these medications has been ment. 21st Century Cures is a good bill. prove American lives if we can get the excruciatingly slow.’’ It has come a long way, but I lend my FDA to write workable rules and guid- Tomorrow I will be missing the fu- support with some reservations. ance to communicate information neral of a dear friend, Judy Warren, Despite bipartisan agreement in com- where people’s attention is focused. who died on Sunday from pancreatic mittee to provide robust funding for After all, the FDA itself regularly cancer. She would have wanted me to the research initiatives and policies in turns to the Internet to announce its be here tomorrow, voting on this bill. this bill, the bill before us shorts the activities and inform the public, pre- It couldn’t save her, but it can save Te- NIH by over $1 billion, and these funds sumably in a safe and informative way. resa and many others. are the very ones that are critical for I have legislation to do this, and I Mr. PALLONE. Mr. Chairman, I yield cures. hope to continue working with the 2 minutes to the gentleman from Iowa It is important that we provide the chairman to modernize healthcare (Mr. LOEBSACK). necessary support that the NIH re- communications and, thus, help im- Mr. LOEBSACK. I thank the ranking quires to continue to be the gold stand- prove the lives of all Americans. member for yielding. ard in research and development. I look forward to continuing to work Mr. Chairman, this legislation, I be- While we all agree that it is impor- with the chairman on the 21st Century lieve, as Mr. LANCE stated, is proof that tant to speed up research and clinical Cures to make sure this monumental we can accomplish great things when trials to get treatments to those in bill ultimately meets the President’s we put aside partisanship and unite need, I want to reiterate my concerns pen and is signed into law. around a common goal. that this focus on speed should not un- Mr. UPTON. Mr. Chairman, I yield 1 To that end, I want to thank all of dercut the work that so many have minute to the gentleman from West my wonderful colleagues here today done for years, including many of us Virginia (Mr. MCKINLEY). who have worked on this thing for so here in Congress, to improve diversity Mr. MCKINLEY. Mr. Chairman, I rise long. I am new to the committee, and in research and clinical trials. today in favor of H.R. 6. coming into this and being able to be a While this bill does include my provi- By encouraging innovation and pro- part of this is really a great honor for sion to encourage the inclusion of chil- viding more resources for me. dren and the elderly in clinical trials, groundbreaking research, we can pro- more needs to be done to ensure that b 1845 vide a better future for our children women and minorities are included as I want to thank the chair and the and our grandchildren. well. This is an effort I led during the ranking member also for my provision America has a rich history of sci- FDA reauthorization, and it is one that to extend and expand the prior author- entific discovery, from putting a man must not be undercut by the Cures ef- ization program for prior mobility de- on the Moon to finding a cure for polio. fort. vices in this bill, providing certainty to Finally, I must express my dis- With the right focus, we can do the Medicare beneficiaries that these crit- appointment that once again the House same in finding cures for devastating ical devices will, in fact, be covered. majority has decided to add language diseases, like cancer and Alzheimer’s. I am also excited about the NIH inno- to the bill that politicizes the bipar- I want to thank Chairman UPTON for vation fund, which entails mandatory tisan effort and attacks women’s per- his commitment to making Alz- funding, as was mentioned earlier, and sonal decisionmaking. heimer’s one of the neurological dis- will support scientists like those work- It is a distraction from the important eases on which the CDC will collect ing at the University of Iowa. work that we are trying to do here, and data. 21st Century Cures will improve As a result, we will have more I strongly urge my colleagues on both the lives of all Americans by bringing groundbreaking advances like the Uni- sides of the aisle to support the amend- research from the lab to our families. versity of Iowa researchers’ discovery ment to strip it. I thank the chairman, the com- of a biomarker that could lead to early The 21st Century Cures initiative is mittee, and the staff for all of their detection for the risk of preeclampsia such an important bipartisan effort to dedicated work on this. in pregnant women, a discovery that strengthen our medical research and Mr. UPTON. Mr. Chairman, I yield 1 could save countless lives. treatment development. It could be minute to the gentlewoman from Indi- While I am disappointed that the NIH stronger, and I stand willing to work ana (Mrs. BROOKS), a member of the funding was cut from $10 billion to $8.75 with my colleagues to do just that. Health Subcommittee. billion, I am hopeful that we can re- Mr. UPTON. Mr. Chairman, I yield 1 Mrs. BROOKS of Indiana. Mr. Chair- store this amount as the process moves minute to the gentleman from Missouri man, I rise today to express my whole- forward. (Mr. LONG). hearted support for the 21st Century Finally, I am really happy that we fi- Mr. LONG. Mr. Chairman, what an Cures initiative. This legislation will nally have gotten to a point in this accomplishment it is to have this his- change lives, and it will save lives. body, at least on this legislation, where toric legislation on the House floor. When Chairman UPTON and Congress- we can think longer term and not just I want to congratulate the chairman woman DEGETTE introduced this bipar- short term, not just about the costs for and my Energy and Commerce Com- tisan initiative, they promised it would this program this year or even for the mittee colleagues for their hard work. be different. They used words like next 5 years, but think about all the We are much closer to moving Amer- ‘‘bold,’’ ‘‘transformative,’’ ‘‘profound,’’ savings that this will entail down the ican medical innovation into the 21st and ‘‘hope.’’ They promised hope, and road as well, something that really century. Part of that is to keep up with they promised to change lives. Thank- happens far too often, I think, in this the ability to communicate in a mod- fully, they have delivered on these body and over in the Senate as well. ern way with patients. promises and then some. I thank my colleagues for their work As the chairman knows, I have 21st Century Cures will profoundly on this issue. I am really very pleased worked very closely with him and his transform our Nation’s ability to dis- to be a part of the process. Thank you staff during this past year to draft lan- cover, develop, and deliver the cures of for having me as a member of that guage to update the Food and Drug Ad- tomorrow. It will change and even save committee and to be a part of the proc- ministration’s oversight of healthcare lives, lives like that of Fifth District ess. information on the Internet, especially constituent Teresa Altemeyer, who has Mr. UPTON. Mr. Chair, I yield 1 on social media. a form of chronic leukemia. minute to the gentleman from New

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Cur- healthcare system to help the millions that prevent development and delivery rently, more than 10,000 known dis- of Americans battling rare diseases. It of life-improving therapies. eases exist in the world; however, we increases funding for NIH grants used However, this is not only an issue of only have treatments for approxi- by scientists at world class universities keeping America competitive; it is a mately 500. like those in my district in Buffalo and moral issue. The greatest physician in In my district of southern California, Rochester, New York. history said in Matthew: ‘‘Whatever 4-year-old Callan Mullins was born H.R. 6 streamlines the drug approval you did for one of the least of these with a severe congenital heart defect. process at the FDA, helping get new brothers and sisters of mine, you did He has undergone four open heart sur- drugs to market faster. Patients are for me.’’ geries, suffered numerous strokes, been demanding a fresh approach to drug ap- I want to share the story of Brennan diagnosed with cerebral palsy; and at Simkins, who was diagnosed with proval and biomedical research. This the age of 3, doctors delivered the childhood cancer. Brennan has had legislation provides America’s medical heartbreaking news that he had a brain over four stem cell transplants. He is innovators the guidance they need to tumor. still living today, and he is the student lead a new age of medical innovations. Callan is a fighter and a survivor, but of my wife, who is teaching him piano. I want to thank Chairman UPTON and He is truly a miracle and a blessing his parents are still seeking answers my colleagues on the Committee on to us, but he still requires medications. and medical breakthroughs to ensure Energy and Commerce for their dedica- There are medications out there which that he can live life to its fullest. The tion to this cause. I am proud of the are caught up in bureaucratic red tape. Cures Act would offer hope to the mil- work we have accomplished, and I am By passing this bill, we can help pa- lions of Americans like Callan battling confident that this legislation accom- tients and families across the country, devastating illnesses. plishes our goal of incentivizing inno- like Brennan Simkins, get access to I thank Chairman FRED UPTON for his vation and defeating disease. the medicines of tomorrow. tireless work on this bill. I urge my Mr. UPTON. Mr. Chair, I yield 1 The CHAIR. The time of the gen- colleagues to stand with me as we pave minute to another gentleman from tleman has expired. the way for lifesaving treatments and New York (Mr. GIBSON), who again had Mr. UPTON. I yield the gentleman an cures. a very positive impact on the legisla- additional 30 seconds. Mr. PALLONE. Mr. Chairman, I yield tion that was bipartisan as a part of Mr. ALLEN. I urge my colleagues to myself the balance of my time to close. this bill. support H.R. 6. Before conclusion of debate, Mr. Mr. GIBSON. Mr. Chairman, I rise in Mr. PALLONE. Mr. Chairman, I yield Chairman, let me just take a minute to support of H.R. 6 on behalf of the many 2 minutes to the gentleman from Cali- recognize Chairman UPTON and Rep- Americans who have been impacted by fornia (Mr. AGUILAR). resentative DEGETTE for their stead- Lyme disease and other tickborne dis- Mr. AGUILAR. Mr. Chair, I appre- fast dedication to this bill. eases. Lyme disease is rapidly becom- ciate the gentleman from New Jersey This bill would not have been posing a public health scourge in the U.S. yielding some time. sible without their work for so many We simply need to do better at preven- Tomorrow, the House will vote on years, beginning when they had these tion, diagnosis, and treatment. the 21st Century Cures Act, legislation forums where they heard from patients H.R. 6 includes the text of the Tick- that will advance medical research at and the advocacy groups around the Borne Disease Research Accountability the FDA and the NIH to lead new treat- country. and Transparency Act, which is a truly ment for cures for countless people. The process that they used to actu- constituent-driven effort and rep- This is necessary. ally obtain information that became However, what is not necessary is the resents a significant step forward in the basis for this bill was really un- dangerous language that Republican bringing solutions for our chronic usual and was very, I would say, popu- leadership quietly tucked in the bill Lyme sufferers. list and grassroots in a way that I that blocks access to reproductive I would like to thank the physicians, think I would like to see emulated in care. This is unacceptable. the future because it was so successful. the patient advocates, and researchers As a member of the Pro-Choice Cau- It is further proof, I think, also that that helped in this process, including cus, I oppose this and other attempts when we want to work together to Dr. Richard Horowitz, Pat Smith, to expand restrictions on reproductive achieve great things, we are capable. I David Roth, Jill and Ira Auerbach, care. We cannot allow this type of know it hasn’t always been easy, and Holly Ahern, Chris Fisk, and other antichoice language to keep appearing the staff has had to work around the Lyme advocates across the nation, in- in what is otherwise important legisla- cluding Representative CHRIS SMITH of tion. clock and on weekends and during holi- New Jersey and my coauthor and Today, it is in legislation to further days since January, but this is a good friend, Representative JOE COURTNEY of medical research. Before, it was in leg- bill that I am proud to support. Connecticut. islation to fund community health cen- I just want to thank not only the Finally, I would like to thank Chair- ters and to protect victims of traf- members, but also the staff of Chair- man UPTON, Ranking Members PAL- ficking. Allowing this policy to move man UPTON and Chairman PITTS. That LONE and DEGETTE, and their dedicated forward will move women’s health care is Gary Andres, Clay Alspach, John committee staff for working tirelessly backward. We cannot allow these at- Stone, Carly McWilliams, Paul to include members’ input and manage tacks to continue. Eddatel, Robert Horne, Joan an open, bipartisan process for this im- Representatives LEE, CLARKE, and Hillebrands, Katie Novaria, Adrianna portant legislation. SCHAKOWSKY have offered an amend- Simonelli, and Heidi Stirrup. I urge my colleagues to support this ment to strike this destructive Let me also thank Representative bill. antichoice language. Today, I offer DEGETTE for her work, her staff as Mr. PALLONE. Mr. Chairman, how them my strong support. well: Lisa Cohen, Rachel Stauffer, and much time remains on each side? I urge my colleagues to vote in favor Elizabeth Farrar; Mr. GREEN’s staff: The CHAIR. The gentleman from of their amendment and to also insist Kristen O’Neill; and, of course, my New Jersey has 11 minutes remaining. that we need to stop injecting the Hyde staff: Jeff Carroll, Tiffany Guarascio, The gentleman from Michigan has 141⁄2 language into parts of law it doesn’t Kim Trzeciak, Eric Flamm, Rachel minutes remaining. belong. Pryor, Waverly Gordon, and Arielle Mr. UPTON. Mr. Chair, I yield 1 Mr. UPTON. Mr. Chair, I yield 1 Woronoff. minute to the gentleman from Georgia minute to the gentlewoman from Cali- Let me just say this: Obviously, I (Mr. ALLEN). fornia (Mrs. MIMI WALTERS). urge support for this legislation. I hope

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It is, indeed, a milestones, like not see them walk of Congress knows that, when we go bipartisan bill. down the aisle, maybe not see a grad- home, there are always events with Every one of us here, as we think uation, maybe not see a career, maybe various advocacy groups. about the 434 of us here in the House, not see them raise a family of their I think, of course, of the pancreatic every one of us has taken a different own, and we have seen children that cancer group because my mom died of path to get here. We each represent di- are born without the gift of a future. pancreatic cancer about 5 years ago, 7 verse districts, and despite our dif- Life is not always fair. We know that, months after she was diagnosed, which ferences geographically and politically, but we have got to try and do better. is actually a long time. Many people whether we have an R or a D next to The last century and the century be- die within 6 weeks or 2 months after di- our name, I daresay that there is one fore it brought just remarkable med- agnosis because the diagnosis takes so thread that indeed binds us all. ical breakthroughs. From x rays and long and occurs too late, effectively. We are all here to improve the lives anesthesia to pacemakers and trans- You go to these various events that of our friends, our neighbors, and our plants, the tools to diagnose and treat the groups have. Sometimes, it is a family members at home. patients have been transformed over run; or it is a walk. DIANA DEGETTE b 1900 and over and over again; yet for every mentioned ALS. I went to an ALS This is Brooke and Brielle. I am in single disease that we defeat, every walk, I think, about 3 or 4 weeks ago. the middle. So look at just Brooke and condition we cure, there are thousands The typical response—and I am more still plaguing our people. Of the thinking of this last ALS walk—is that Brielle. They and so many of our friends, neighbors, and family members 10,000 known diseases, 7,000 of which someone will come up to you and say: are rare, there are treatments for only Why aren’t you doing enough to find a are why we are here today. These two little girls from my district in Michi- 500. cure? Why aren’t you spending more The history of health innovation is money? Why aren’t you prioritizing gan are bravely battling SMA. They are two of the brightest stars that I indeed remarkable, but now we have this disease? Why is it so difficult to got our sights set on this bill, 21st Cen- have a clinical trial or to get involved know. Our 21st Century Cures effort seeks tury Cures. The bill is about making in a clinical trial? to capture just a sliver of the hope and sure that our laws, regulations, and re- For 20 years, most of the time, when sources keep pace with scientific ad- somebody has brought that up, I optimism that countless patients like Brooke and Brielle exude, despite in- vances. haven’t really had an easy response be- So what does it take to vanquish a cause, for many of the diseases, there surmountable odds. A year and a half ago, we had an idea. disease? Yes, often billions of dollars, hasn’t been really much progress at all. millions of hours—that is for sure— Now, the biggest satisfaction I am We sat down, Republicans and Demo- crats, and it was time for Congress to thousands of researchers, and hun- going to have—and I have already had dreds—maybe thousands—of failed at- it over the last few weeks—is when I go do something positive to boost research and innovation and deliver real tempts can go into the development of back and I go to one of these events yet just one single treatment or cure. and one of the patients or advocate hope for more cures by expediting the approval of drugs and devices. That is It is daunting, it seems impossible, but representatives says to me: Well, what still, patients like Brooke and Brielle are you doing about this? what this bill does. We traveled the country. We had hold out hope. I will be able to say: Well, we have a They battle through pain, transcend bill called 21st Century Cures, and it probably 40 or 50 different roundtable and subcommittee hearings all over the physical limitations, and live lives does a lot of things that could make a filled with joy and optimism. Our difference in terms of what your con- place, and we appreciated Republican and Democratic participation. We vis- brothers and sisters, moms and dads, cerns are. grandparents and friends, they all keep That, to me, is the greatest satisfac- ited with patients, researchers, faith in the future, in spite of suffering. tion, really, of our being able to pass innovators, and health experts from This bill, the 21st Century Cures initia- this bill tomorrow. across the health spectrum. We lis- I would urge support on a bipartisan tened, and we put pen to paper, and tive, is for them. It is for those that we basis. then we listened some more. And that lost, those who grapple with sickness I yield back the balance of my time. is why we are here today. today, and those who will be diagnosed Mr. UPTON. Mr. Chair, if I might There is not a single person in this tomorrow. ask, how much time do I have remain- Chamber or watching at home tonight In this, the greatest century in the ing? who has not been touched by disease in world on the greatest country on the The CHAIR. The gentleman from some way, and it is about time that we planet, Americans deserve a system Michigan has 121⁄2 minutes remaining. actually do something about it. that is second to none. We can and Mr. UPTON. I yield myself the bal- So as we begin debate on this land- must do better. It is about hope—hope ance of the time to close. I won’t use mark bill, I can’t help but think of the that the burden for patients and care- 121⁄2 minutes, I don’t think. patients who are sitting across from givers is less tomorrow than it was yes- Mr. Chair, I appreciate you being their doctors right now about to get terday—and it is about time. here tonight and the Members, know- news that certainly is going to change So as Brooke and Brielle always say ing that we are going to debate a num- their world. with a smile and a sparkle in their ber of amendments and vote on final It is not just the disease that makes eyes, ‘‘We can, and we will.’’ The time passage tomorrow morning. them feel powerless and vulnerable. for 21st Century Cures is now. We have all thanked a lot of people The very system designed to help them Please join us, Republicans and here, a lot of great staff, terrific staff, has not kept pace with scientific ad- Democrats, leaders on both sides of the a lot of good Members. I am not sure vances. They need the next generation aisle, for the patients that we want to anyone has actually thanked the lead- of treatment and cures, but they don’t solve these diseases for, by supporting ership on both sides. have until the next generation to wait. this bill, by working with our col- I want to thank JOHN BOEHNER, the They aren’t interested in debating leagues in the Senate, but really listen- Speaker, not only for giving us H.R. 6, why the timelines, the failure rates, ing to the voices that call for us to do but his strong support all the way; the size and the costs of conducting something well. This is it, H.R. 6. KEVIN MCCARTHY, our majority leader; clinical trials are at all-time highs. Please vote for it tomorrow. STEVE SCALISE, our whip; CATHY They know that, despite the promise of I yield back the balance of my time. MCMORRIS RODGERS, our conference scientific breakthroughs, they can’t Mrs. MCMORRIS RODGERS. Mr. Chair, I chair; and on the Democratic side, too, get the therapy that might save them. rise today in support of the 21st Century NANCY PELOSI, former Speaker, has That is why we need this bill. Cures

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Act. I thank Chairman UPTON and my col- unteered to remodel and refit Scott’s bedroom This legislation provides new funding oppor- leagues on the Energy and Commerce Com- with his own shower and equipment necessary tunities for innovative cancer treatment ap- mittee for all the work they’ve done advancing to transfer him from bed to bath. These gen- proaches such as the development of Amer- this important initiative. tlemen volunteered their time, talent, and ica’s first Heavy Ion Center for cancer therapy For the past year and a half, we have been money to help Scott and his family because it and would pave the way to keep America at listening to experts and patients across the was the right thing to do. the forefront of medical research and state-of- country detail how we can proactively address Mr. Chair, as a Member of this esteemed the-art cancer treatment. America’s growing health care needs and body, I believe it is our duty and obligation to While H.R. 6 contains many provisions re- areas where cures and therapies are lacking. pass the 21st Century Cures Act so that peo- garding the biomedical research workforce, The single best thing we can do? Make sure ple like Scott Mosley can have hope for a cure clinical trials, FDA improvements, I am most that our ultimate goal should not be to provide for DMD and so many other diseases. Many proud of the initiative’s provisions regarding lifelong treatment, but to find life-saving cures. other Kentuckians and Americans across this mandatory funding for the NIH and FDA. I It shouldn’t take 15 years and billions of dol- country are also in need, and passing the 21st strongly believe that the Congress has not lars to maybe get a new medical innovation Century Cures Act will bring them hope, and placed enough importance on scientific reapproved. We need to remove the unneces- it also is the right thing to do. My thoughts and search and this is a way to get us back on sary barriers between Americans and life- prayers remain with Scott and the Mosley fam- track. Investing in innovation will yield high re- changing innovation. ily, and I thank them for the opportunity to wards for the medical community, especially This means prioritizing resources, cutting speak on their behalf. patients. I am proud to support H.R. 6, the through red tape, and empowering scientists Ms. EDDIE BERNICE JOHNSON of Texas. 21st Century Cures Act. and researchers so they can discover, develop Mr. Chair, I rise in support of H.R. 6, the 21st The CHAIR. All time for general de- and deliver medical breakthroughs. 21st Cen- Century Cures Act. Unanimously passed out bate has expired. tury Cures does this. of the House Energy and Commerce Com- Mr. UPTON. Mr. Chairman, I move I’m proud to have authored six major provi- mittee with a 51–0 vote, the 21st Century that the Committee do now rise. sions in the Cures package. These are bills Cures initiative will encourage innovation in The motion was agreed to. that modernize HIPAA laws, accelerate the biomedical research and development of new Accordingly, the Committee rose; discovery of new cures, create research con- treatments. and the Speaker pro tempore (Mr. With $8.75 billion in mandatory funding over sortia to treat pediatric disorders, and bring THOMPSON of Pennsylvania) having as- the next five years delivered to the newly cre- our regulatory framework into the 21st century sumed the chair, Mr. HARDY, Chair of ated National Institutes of Health and Cures by embracing technologies that focus on pa- the Committee of the Whole House on Innovation Fund and $550 million for the Food tient-specific therapies and the potential for the state of the Union, reported that and Drug Administration over the next five powerful indicators, like Biomarkers. that Committee, having had under con- years, it is clear that Congress is committed to Mr. Chair, we have a unique opportunity sideration the bill (H.R. 6) to accel- investing in health research. Developing a bet- here today. Today we are offering hope for the erate the discovery, development, and ter system of funding towards high-risk high millions of Americans suffering from currently delivery of 21st century cures, and for reward research and research by early stage incurable and untreatable diseases. other purposes, had come to no resolu- investigators is crucial to finding better health Hope for the Eastern Washington dad with tion thereon. outcomes. With a better focus on infectious ALS who just wants to see his kids grow up. disease, precision medicine, and biomarkers, I f Hope for the high school student with can- strongly believe that we will finally address cer waiting for the FDA to approve a clinical IRANIAN NUCLEAR AGREEMENT these areas of unmet medical needs, which trial. (Mr. THOMPSON of Pennsylvania are often the most pervasive issues in our This is our chance to help foster an environ- asked and was given permission to ad- health system. dress the House for 1 minute and to re- ment where innovation is accelerated, not sti- The modernization of clinical trials by sup- vise and extend his remarks.) fled. Where discovery and high paying jobs porting a more centralized system, moving to Mr. THOMPSON of Pennsylvania. are here in the United States, not abroad. more adaptive clinical trial designs, and cre- Mr. Speaker, on Tuesday, July 7, the This is our chance to offer the promise of ating a national neurological disease surveil- Obama administration once again ig- real solutions to the American people. lance system will help to develop better data nored a deadline for the Iranian Nu- Mr. Chair, I ask my colleagues join me in and provide more patient success stories. The clear Agreement while failing to set a taking advantage of this tremendous oppor- legislation also allows for better sharing of new date to conclude discussions on tunity, and passing 21st Century Cures. clinical trial information for researchers and Mr. WHITFIELD. Mr. Chair, I rise today in scientists for more efficiency across the board. what could prove to be some of the support of H.R. 6, the 21st Century Cures Act, Also, the bill ensures that strategies will be de- most important diplomatic negotia- which will help uncover the next generation of veloped to cast a wider net for clinical trials in tions of our lifetimes. ground-breaking cures and treatments for the order to increase minority representation. In March of 2015, I joined 367 Mem- thousands of diseases that currently have Last October, I wrote a letter urging the bers of the House in sending a letter to none. H.R. 6 will streamline the delivery proc- White House to take into consideration UT- President Obama requesting that any ess, enhance research and development, and Southwesten’s existing particle therapy re- agreement would be provided adequate modernize the regulatory system for approving search infrastructure and expertise in leading congressional oversight and approval. drugs and medical devices. For patients, fami- cancer treatment research in the U.S. when This was a bipartisan effort because lies, and loved ones affected by serious ill- selecting the planning grant award recipients. both Democrats and Republicans alike nesses, this legislation offers real hope. The planned center would serve as a research recognized the magnitude of the chal- Last summer, I was fortunate to meet a adjunct to an independently created and fund- lenges we face in confronting the possi- young man named Scott Andrew Mosley who ed, sustainable clinical facility for particle bility of a nuclear Iran. lives in my district in Henderson, Kentucky. beam radiation therapy. Currently, the plan- The United States must promote an Scott is 13 years old and was diagnosed with ning grant includes pilot projects that will en- agreement that first and foremost ad- Duchenne’s Muscular Dystrophy (DMD) at the able a research agenda in particle beam deliv- vances our national security and the age of 6. DMD is a recessive X-linked form of ery systems, dosimetry, radiation biology, and/ security of our allies in the region. A muscular dystrophy, affecting around 1 in or translational pre-clinical studies. clear indicator of future performance 3,600 boys, which results in muscle degenera- Mr. Chair, the advanced planning grant the has always been past performance. Un- tion and premature death. UT Southwestern Medical Center received in fortunately, Iran has a decades-long DMD begins in the legs and over time at- February 2015, is exactly the type of medical history of obfuscation when it comes to tacks all the muscles in the body. Young Scott and technological advancement the DFW their nuclear program. became unable to walk at the age of 9 be- Metroplex and country needs and is the type Mr. Speaker, we must ensure that ne- cause of DMD, but has never complained of federal investment we need to continue to gotiations do not result in simply de- about the hand he has been dealt. He offers lead the world in state-of-the-art medical re- laying Iran from obtaining a nuclear encouraging smiles to everyone he meets, de- search. Not only is this grant a major ad- weapon for just a few short years but, spite knowing he faces a disease without a vancement for STEM, it is a crucial step in the rather, a strong deal that would pre- cure. Last year, a group of gentlemen in the right direction for cancer research and those vent the current regime from ever ob- Henderson community rallied together and vol- affected by cancer here in the United States. taining a nuclear weapon.

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JY7.033 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5017 Mr. Speaker, as talks continue into Mr. Speaker, let’s not mince words. That will be education for all people, the weekend, I am hopeful that nego- While I stand with my brothers and sis- and higher education that is affordable tiators will remember that no deal is ters of the South, the Confederacy for all people, Mr. Speaker. It will be better than a bad deal. itself fell far below even common de- affordable housing. It will be jobs and f cency for fellow man, violating human job training. It will be adequate pre- rights and taking advantage of every school programs and afterschool pro- CONGRESSIONAL PROGRESSIVE part of the lives of the men and women grams. It will be recreation programs CAUCUS: CONFEDERATE FLAG they enslaved, sometimes for profit and and character-building programs. The SPEAKER pro tempore (Mr. sometimes purely for pleasure. It will be safe communities. It will be HARDY). Under the Speaker’s an- The Confederacy used extreme vio- equal opportunity for all because that nounced policy of January 6, 2015, the lence and terrorism to subjugate mil- is the country that we live in, and that gentlewoman from New Jersey (Mrs. lions purely on the basis of the color of is the reason that we have this Con- WATSON COLEMAN) is recognized for 60 their skin, and started the deadliest gress, and that is the reason that I am minutes as the designee of the minor- war ever to take place on U.S. soil to here. ity leader. defend a disgraceful system. That flag I, for one, will not be silent on this Mrs. WATSON COLEMAN. Mr. is a symbol of the Confederacy’s effort issue until we see this change that the Speaker, earlier today, the distin- to keep that system intact. That is 21st century demands. guished gentlewoman from California why, Mr. Speaker, before the holiday, I Mr. Speaker, I yield to the gentleman introduced a privileged resolution, not stood in this very spot on the floor to from California (Mr. BECERRA). too different from the one my friend denounce the hate, bigotry, malice, dis- Mr. BECERRA. I thank the gentle- and colleague Mr. THOMPSON brought crimination, and division that the Con- woman from New Jersey for yielding, to the floor just last week. Mr. Speak- federate flag stands for. and I stand with her and what she has er, that resolution called for the imme- But I also reminded my colleagues just said. diate removal of the Confederate battle that a symbol, while significant, is Mr. Speaker, sometimes, we forget flag from the Capitol grounds. And my only a stand-in for something far how privileged we are, the Members of colleagues across the aisle moved stronger. A symbol will never have the Congress, who have a chance to stand quickly to banish that resolution to die strength of a bullet fired from the bar- in this hallowed Chamber. We are the in committee. rel of a policeman’s gun at an unarmed representatives of the people. We get Earlier today, the original home of Black man because of ingrained bias. A elected to speak for the American peo- the Confederacy argued, but agreed, symbol will never have the impact of a ple. We get elected to act on behalf of that the Confederate flag and the his- prison sentence that permanently pre- the American people. tory it represents belong in a museum. vents a young person from becoming a Very few Americans, throughout the They decided that the flag should not full-fledged member of society, a fate history of our country, have had an op- serve as a bright, waving reminder of far more likely to befall a person of portunity to stand right here where we the discrimination and disparity of color. A symbol will never eradicate are today and say that we actually can treatment for people of color that still Black and Latino wealth like the pred- get things done, not just for the Amer- lingers in communities across our atory loan structures that put their ican people, for the people of the world, country—hateful sentiments that re- homes underwater in a recession at because there has never been a democ- sulted in the loss of nine lives at rates that dwarfed their White peers. racy like the United States of America. Emanuel AME Church in Charleston. But if we are not even willing to get There has never been a country that They decided that that flag should rid of a symbol, as this body has so has had an opportunity to do so much clearly expressed its disinterest in not hang high above the halls of State for so many, and there has never been doing, how can we possibly move on to government, forcing all those who see a democracy that has a chance to prove the real underlying problems, issues it to wonder whether the emotions and to the world that we know how to get like education for young people, afford- ideology so closely tied to it are this done and do it right. able housing, and access and training present in the hearts and minds of Mr. Speaker, as we stand here in this for jobs. those who serve in that statehouse. Removing a symbol is an easy thing Chamber, we have to admit, we have to They decided that the flag had flown to do, an easy thing that would have be prepared on behalf of the American long enough, and that taking it down signaled one country, indivisible, with people to stand up, to step up, to do would be one small but critical step in liberty and justice for all. what is right, and to do what the healing the deep divisions present in Today, Republican Members across American people expect us to do. their State. the aisle did more than just stand up Now, they know we have to speak for They stood against the symbol of big- for that symbol of hate and that sym- them, but they don’t want us just to otry, they stood against years of com- bol of degradation. These Members talk. The time to just talk on so many placency, and they stood for the prin- treated me and those issues that are vi- issues has come and gone. ciples of equality, justice, and unity for tally important and extremely sen- Mr. Speaker, I think the American this Nation. They will take that flag sitive to me in a manner that was both public would agree that the time to down tomorrow. disrespectful, insensitive, and very just talk about what to do about the But Republican leadership in this hurtful, Mr. Speaker. Confederate battle flag has come and body refuses to do that. They took the gone. The time to just talk about what path of cowardice and turned a blind b 1915 to do about the Confederate battle flag eye to the struggles of generations of Nonetheless, this will not go away. came 150 years ago when the chance to Americans. They used backhanded tac- We will continue to raise this issue heal was upon us. tics last night to muddle the language every day that it is needed, every week As President Lincoln said in his sec- of the Interior and Environment Ap- that it is needed, every month that it ond inaugural address: ‘‘With malice propriations bill, including language is needed, until my colleagues can rec- toward none, with charity for all, with intended to satisfy Members who would ognize that a simple act of decency, the firmness in the right as God gives us to rather see that flag fly. removal of this symbol of hate and dis- see the right, let us strive on to finish The fallout from that language led to respect and slavery, a mark on our his- the work we are in, to bind up the na- the disappearance of that bill from to- tory that needs to be removed. tion’s wounds.’’ day’s scheduled debate and resulted in Once we do that, Mr. Speaker, once If we needed to talk, Abraham Lin- the chairman of that subcommittee we do that simple, little thing, and coln said it all. Lincoln wanted us to disowning the final product. that is to stand together in taking act, to move, to get things done for the Leader PELOSI’s resolution offered down that ugly symbol that that flag American people. another opportunity for my colleagues represents, then we will be able to get The time to talk came after one after across the aisle to stand on the right on with the serious and important another Black church was suspiciously side of history, but they turned that work that needs to be done to lift up burned down throughout this country, chance down resoundingly. this economy on behalf of all people. and we knew something was going on.

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.090 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5018 CONGRESSIONAL RECORD — HOUSE July 9, 2015 That was the time to talk about what Mr. Speaker, I say with great pride, is known as the people’s House; yet we needed to do. having served in this Chamber for here in the hallways of our office build- The time to talk was before a man, many years, I believe the people’s Rep- ings and elsewhere in the House of Rep- driven by hate and animosity, on June resentatives in the people’s House are resentatives, including this side of the 17, entered Mother Emanuel AME getting ready to act; and no act during Capitol Building, there are State flags Church in Charleston, South Carolina, the dead of night, no effort to derail on display which include imagery of to carry out a vicious plan to start a this effort will succeed because the the Confederacy. race war—because we have seen these people have spoken and spoken in the Many of the residents of the wonder- signs of danger growing for the dis- words of the nine people who are no fully diverse district which I represent regard for life. longer with us. in California and many other Ameri- That would have been a time to talk We do it with grace, but we will do it cans from all across our country find and heal, before that man, crazed with with power because we understand this these images offensive, insulting, pain- hate, walked into Mother Emanuel is not a time to just talk; it is a time ful, even threatening. Church; but, Mr. Speaker, after nine to act—and we will act. If we are to truly be representative of innocent, God-loving, God-fearing I thank the gentlewoman for yield- the people and if we want the people, Americans were taken from their fami- ing. all of the people of this great Nation, lies, from their church where they were Mrs. WATSON COLEMAN. Rep- to feel welcome and comfortable here in the people’s House, then we cannot praying, from their country, the time resentative BECERRA, thank you so to just talk is over. much for taking your time and being continue to have divisive symbols asso- It is time for us to step up. It is time here with us today, and thank you so ciated with hatred, with bigotry and for us to stand up because that is why much for your eloquent words. oppression on public display. Therefore, let me add my voice to we get elected, to do what the people Mr. Speaker, I yield to the gentle- those of my colleagues in calling for expect us, on their behalf, to do. woman from California (Ms. HAHN). the removal from the House of Rep- 320 million Americans cannot get up Ms. HAHN. Mr. Speaker, I would like resentatives of any flag containing any and say, It is time to remove the Con- to also thank the gentlewoman from portion of that Confederate battle flag. federate battle flag from any grounds New Jersey for allowing me to add my Mrs. WATSON COLEMAN. I thank where we reflect the governance of a voice to this discussion. the gentlewoman from California for Certainly, all Americans were dev- democracy. They encharge us to do sharing her wisdom with us and her en- that, and the time to talk has ended. astated by the brutal murder of nine couragement. When we see on the floor of the people, including Senator Pinckney, Mr. Speaker, I really am touched by House, last night, an opportunity for while they were attending Wednesday what we experienced in Charleston, the Congress to register itself and say, night Bible study at Mother Emanuel South Carolina, the kind of grace and We hear you, America, you want us to AME Church in Charleston. Their kill- mercy that the families of those who act, and you want us to take down that er was motivated by racism, bigotry, were felled by this domestic terrorist Confederate battle flag in whatever and even had pictures of himself dis- on the church in Charleston, South symbolic way we can, including selling playing Confederate memorabilia. Carolina. that symbol here in the Capitol, we had The people of South Carolina and I know that, even in this Chamber, an opportunity. their political representatives have en- there are friends that I have across the In fact, we had an opportunity that gaged in serious conversations about aisle who would gladly vote with me was golden because it seemed like we race, about healing, and how to deal and vote with my colleagues to remove had a bipartisan vote to do exactly with their State’s history. that flag and that imagery and that that; but, in the dead of night, some- South Carolina’s Governor signed a symbolism from any of our government thing happened. Some people decided bill a few hours ago to take down that properties if they would simply be to hide behind the dark cloud and Confederate battle flag from the given the chance. change what we had just done. grounds of the State capitol where it In honor and respect of the loss of When we take to the floor here, we has flown for 50 years, and as South life and the grace and mercy and the may only be talking, but as my col- Carolina was moving to take down that healing and forgiveness that was dem- league from New Jersey said, we are flag, some right here were moving in onstrated by the families of those who going to do much more because the the opposite direction. lost their lives in Charleston, South time to talk has just ended. It is time Earlier today, I took to this House Carolina, and in recognition of the cou- to act. It is time to step up. floor to express my outrage that my rageous steps that the South Caro- We all have an opportunity. We all friends on the other side of the aisle linians did in voting to take down that have an obligation to stand up. had offered a surprise amendment last flag and for the Governor to sign that Tomorrow morning, at 10, the Con- night to allow the Confederate battle and to watch, tomorrow, when history federate battle flag will finally come flag to be displayed in our national is being made, to take down that flag, down from above the South Carolina parks and at Federal cemeteries, just a I pray that our House is given the op- Capitol once and for all. Mr. Speaker, couple of days after this body voted to portunity to vote our conscience be- the Confederate battle flag has no remove that Confederate battle flag cause I know that I have colleagues on place but a museum in the 21st cen- from our national parks. the other side of the aisle that feel the tury. Many of my colleagues, including same way that I do, that believe in the Let us all together, those of us privi- those participating in this Special greatness of this country and that be- leged to be in this Chamber, along with Order tonight, joined in speaking out; lieve in justice and liberty for all and our fellow Americans, forge a path for- and as a result, I think we succeeded in believe that those symbols that remind ward as a Nation that celebrates our stopping them from bringing that us of the mistakes that we have made bright future, not our dark past. It is amendment to a vote. belong in the annals of history, to be time to take the Confederate battle We are here now because we recog- remembered, but never to be repeated. flag down. It is time for us to step up. nize that it is not enough to keep the Mr. Speaker, I yield back the balance It is not a time to hide behind proce- Confederate flag from being displayed of my time. dural motions, behind votes in the dead or sold at national parks. Right now, f of night, and it certainly is not time here on the grounds of the United b 1930 for us to assemble a bipartisan group of States Capitol, where we and our staffs Members to talk about what we need to work and visitors from all over come to CONFEDERATE BATTLE FLAG do about the Confederate battle flag. visit, the Confederate battle flag and The SPEAKER pro tempore (Mr. It is time to do the work of the peo- other images of the Confederacy are BABIN). Under the Speaker’s announced ple, and they want us to act. There still visible; and that, we believe now, policy of January 6, 2015, the gen- should be no doubt about it. The Amer- is unacceptable. tleman from Iowa (Mr. KING) is recog- ican people are speaking very force- I am proud to serve in the United nized for 60 minutes as the designee of fully. Don’t just talk; act. States House of Representatives, which the majority leader.

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.091 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5019 Mr. KING of Iowa. Mr. Speaker, it is riage decision, the decisions that actu- chairman of the Constitution Sub- my privilege to be recognized by you ally came down from the Supreme committee at the time, and JIM SEN- and address you here on the floor of the Court—I believe it was a week ago last SENBRENNER, the chair of the full Judi- United States House of Representa- Thursday and Friday. ciary Committee. We held hearing tives, this great deliberative body. On Thursday, there was a decision after hearing. We rewrote the defini- GENERAL LEAVE from the Supreme Court on tion of ‘‘partial birth abortion’’ so that Mr. KING of Iowa. Mr. Speaker, I ask ObamaCare, the King v. Burwell case, it was precise and clear and under- unanimous consent that all Members where the majority decision of the Su- standable, and we complied with the may have 5 legislative days in which to preme Court concluded that the law, as Court’s directive. revise and extend their remarks and in- passed by the United States Congress, In those hearings, we brought wit- clude extraneous material on the sub- doesn’t mean what it says. nesses that put into the CONGRESSIONAL ject of my Special Order. It means instead, according to the RECORD a mass of evidence that con- The SPEAKER pro tempore. Is there majority of the Supreme Court, what cluded that a partial birth abortion objection to the request of the gen- they think the President would have was never necessary to save the life of tleman from Iowa? liked to have had it said if he had actu- the mother. We did those things to con- There was no objection. ally been dictating the language there. form to the directive of the Supreme Mr. KING of Iowa. Mr. Speaker, I But we have to vote, Mr. Speaker, on Court because they read the text of the come to the floor tonight to take up a the language that is in the bill, not the law. topic that I think is going to be of in- language that should have been in the But today we have a Supreme Court terest to all Americans, but I can’t head of the President and the Speaker that concludes that—well, the text dive into that topic immediately with- of the House at the time. may say one thing, but we think the out first referencing my reaction to That is why we have had a Supreme President would have preferred it to Court who, over the last generation, these long days of debate that have say something else. And so did most of has been textualist. This has emerged taken place here in Congress about the people, maybe, that voted to pass from the Rehnquist court and should opening up a subject that had been put ObamaCare, that very partisan piece of have survived and been enhanced under away by this country since about 1865. legislation. Maybe they intended for it the Roberts court, that the law means I grew up as a Yankee well north of to say something else, too, but it what it says and the Constitution the Mason-Dixon line. I saw the Con- didn’t. means what it says and, furthermore, federate flag in multiple applications. So the Supreme Court inserted the it needs to mean what it was under- It always was a symbol of southern words ‘‘or Federal Government’’ into stood to mean at the time of ratifica- pride and regional patriotism and a the statute that said an exchange es- tion. symbol that said to them that the We do have a language that moves tablished by the State. The Supreme South was proud to be the South, but I and changes and morphs along the way. Court essentially wrote into that ‘‘by never saw it as a racist symbol. And the language that is written into State or Federal Government,’’ alleg- But it had drifted into a symbol of an the Constitution, into the various ing that the language was vague. artifact of history until such time now amendments that are there and written That is appalling to me, Mr. Speaker, as it has been seized upon by those who into our laws, we can’t simply say that to think that in the United States of are using it to divide America again. because we have a different way we uti- America, a country ruled by the rule of I regret that they have gone through lize language today, that somehow the law, that we could have a Supreme these days of this ritual of excoriating people who ratified it had a meaning Court who—no one has a higher charge the Confederate flag. I regret that that that conformed to the morphed lan- to read the language, to understand it, has been brought up. And one would guage of the modern world. And I to call the balls and strikes, as the think that, if it was that offensive, would have thought that Chief Justice Chief Justice has said. that they would just let it drift back Roberts would have been one of those I think he forgot to say that you are into history as a relic of history rather who would have adhered to that. supposed to also call whether it is fair than try to resurrect it as a symbol of I can think of times when the Court or foul. Well, I think it is foul. It is a something that they can’t seem to let has said to this Congress: You may foul ball for the Supreme Court to go of. have intended one thing, but the lan- think that they can change the lan- But, for us, we are a country that guage in the bill that you passed and guage of the law. every component of our history has not was signed into law actually means If they sent it back here, Congress been as noble as we would like. Every something different. So you can either then had an obligation to adjust the country in the world has had difficul- live with the decision of the Court or policy to our intent from now, maybe ties along the way. We have risen you can set about changing the lan- not the intent at the time that it was above our difficulties, Mr. Speaker, and guage so that the language actually passed, because those years have we have adjusted to them and have put does what you intended it to do. It is a moved. them behind us. simple understanding of simple con- Then subsequent to that, the very But we cannot be eradicating or eras- struction under the law in the Con- next day, Friday—a week ago last Fri- ing the history of our country. It is im- stitution. day, as I recall—the Supreme Court portant that we do keep it in front of An example, Mr. Speaker, would be came with a decision, a decision on us so that we can evaluate the lessons the ban on partial birth abortion that same sex marriage. I have some experi- learned and move forward and make passed here in this Congress in the ence with this, Mr. Speaker, and it progress. That was the reconstruction nineties. It went before three Federal falls along this line. era. That goes clear back to right after courts and then was appealed to the In 2009, the Iowa Supreme Court, in 1865, and I regret that those old wounds Supreme Court. reading the mirror of our 14th Amend- have been peeled open again. And the Supreme Court concluded ment, which is in our United States It is ironic that the gentleman would that the ban on partial birth abortion Constitution—and the mirror of it is talk about President Lincoln’s second that Congress had first passed was written into the Iowa State Constitu- Inaugural Address and binding up this vague in its description of the act itself tion—they concluded that same-sex Nation’s wounds. They have been and that Congress didn’t have findings marriage was the law of the land in bound up. They have been healed up. that partial birth abortion was not Iowa. And their conclusion was that it And now they are open again, regret- necessary to save the life of the moth- fell underneath the equal protection fully, Mr. Speaker. So I will package er. and due process clauses of the 14th up that component of my response. So it was struck down by the Su- Amendment—the mirrored component THE SUPREME COURT preme Court, and that means they sent of the 14th Amendment that was in our Mr. KING of Iowa. I will now shift it back to us. They said: Congress, fix Iowa constitution. over to the topic that I came to the that. And I got involved in that. There are 63 pages in the Varnum v. floor to address, and that is the topic I want to tip my hat to Congressmen Brien decision in the Iowa case. I read of the Supreme Court from the mar- STEVE CHABOT of Ohio, who was the that decision. I read all 63 pages. But

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.093 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5020 CONGRESSIONAL RECORD — HOUSE July 9, 2015 not only that, I poked through it. I 14th Amendment in 1868 had secretly friend, but dear friend—from Iowa, and read it. I looked at the ceiling. I con- put some subtle language into it that I am pleased that he would take the templated. I looked back down at the they somehow knew we would discover time to talk about this. He is making words. I tried to absorb the kind of in 2015 that says, there shall be same some great points. legal rationale that would get you to sex marriage in all of America, and the The Dred Scott decision, if you really the point where you could conclude Supreme Court will find it, and they look at it, was decided by a majority that under equal protection or due will impose it upon the rest of the who had great aspirations that the process, that marriage really was be- country because they are the enlight- media was going to love what they did. tween one adult and another entity, ened five of nine in black robes. Instead of looking at the words of the whatever sex or gender that entity Well, the Supreme Court has had a Constitution and applying those words, might be. And they wrote that under terrible record, a terrible record on they were playing to the elite media, the protection of the 14th Amendment, dealing with large domestic issues. In and the elite media was completely the Equal Protection Clause and due 1857, Dred Scott, they thought they wrong. Slavery was the worst abomina- process, that, quote, homosexuals have could resolve the slavery issue. The Su- tion and blot on this Nation’s history, a right to public affirmation, closed preme Court was stacked in favor of and it is tragic that the Supreme Court quote. the South. Five from the South and played an active role in that. Mr. Speaker, I know of no place in one from Pennsylvania that was sym- It is tragic that in the seventies, as law, I know of no place in society, I pathetic to slavery. They had a 6–3 op- you pointed out, from the sixties, the know of no place in history where eration going on. And they essentially seventies, the Roe v. Wade, the Su- there is an individual, let alone a group declared that blacks could not be citi- preme Court has contributed to tens of of people, a self-labeled group of people zens, and they could not be free. They millions of murders—tragic. But I that have any claim to public affirma- could not be citizens, and they could guess as a former judge and a former tion, public approval conferred by the not be freed by States. And that if a chief justice, nothing infuriates me court. But that was the key to under- slave owner owned a slave, they owned more than for a judge or justice to be- standing this litigation that has moved that slave in any State that that indi- lieve that they are completely above forward since 2009. vidual might go. That was the decision the law. I know what it is to recuse It brings us into 2015. And we have a of Dred Scott. myself. I know what it is for judges decision in the Supreme Court that They thought they had put the issue who are friends of mine who had strong commands all States, if they are going away. It came back to haunt this coun- feelings about a case, but they knew to recognize any marriage, to recognize try over and over again. And it was that they would not be fair and impar- same sex marriage and for all States to part of the conflict that began in the tial and so they had to recuse or dis- also provide the reciprocity of recog- next decade, within 1862, and that qualify themselves. nizing marriages that take place in brought about the death of 600,000 With regard to marriage, we had one other States, as those individuals may Americans and split this country apart Justice, Sonia Sotomayor, who has come through or move into their and it has taken years to put us back made comments indicating a massive States. That is that right of reci- together. The Dred Scott decision. question over her impartiality. But if Fast forward 100 years. They took procity. It is in the Constitution, reci- you take two Justices about which prayer out of the public schools. We procity. there is no question, they were totally honored that decision. We stopped But, Mr. Speaker, for the Supreme disqualified. They were very partial, praying at least openly in our public Court to essentially create a new right, and they were opinionated. Going into schools. Now the question is: Can a a right to same sex marriage manufac- this opinion, they had long since made football team without the coach kneel tured out of the 14th Amendment of up their minds. on the grass and pray before a ball the Constitution of the United States, In fact, one columnist reported on game? the last marriage, a same-sex mar- that was ratified in 1868—and, by the We are a First Amendment country. riage, that Justice Ginsburg performed. way, it ties into this dialogue about Freedom of religion. And we are deal- She emphasized the word ‘‘Constitu- the Confederate flag and all the rhet- ing with this kind of assault on free re- tion’’ when she said, ‘‘I now pronounce oric that we have had in this Congress ligion because the Supreme Court in these two men married by the powers all week long. It ties into it in this Murray v. Curlett in 1963 dumped that vested in me by the Constitution of the way: on us; 1973, Roe v. Wade and Doe v. The 13th and 14th Amendments to the United States.’’ That is a Justice who Bolton. Then you have the Lawrence v. Constitution were ratified in the after- was completely disqualified. Texas decision. math of the Civil War. They were es- Do you wonder, well, what actually tablished, first, the 13th Amendment, b 1945 disqualifies a judge? The law is very to free the slaves because the people in And it goes on and on and on, Mr. clear about that, and Congress does the legislature at the time didn’t be- Speaker. Up to this point, the domestic have the authority to dictate the terms lieve that a clear statute that freed the life of America has been dramatically by which a judge may sit on the Su- slaves was going to actually have the transformed by order of the Supreme preme Court or may sit on a particular impact that a constitutional amend- Court, the people least connected to case. This law, 28 U.S.C. 455 (a) part— ment would. So they passed the 13th the will of the people. When they sepa- (b) gets into a number of different op- Amendment to establish that there rate themselves from the text of the tions—in (a) there is no option. This is will be no slavery in the United States statute and the text in the under- an emphatic requirement for a Justice. anywhere, ever. standing of the Constitution, we are in We know that Justice Kagan had per- The second was the 14th Amendment, a place where the Supreme Court then formed a same-sex marriage before this the Equal Protection Clause and the has put themselves above the law, opinion. So we had two Justices who, Due Process Clause and the clause says above the Constitution, and above the under the laws of the United States as that all persons born in the United will of the people. allowed by the United States Constitu- States and subject to the jurisdiction One of the people that understands tion’s clear reading, were disqualified. thereof shall be American citizens. All that as well as anybody in this United They were lawbreakers in order to dic- of that to ensure not only that the States Congress is my friend from tate legislation on a social issue over freed slaves would be free and they Texas, Mr. LOUIE GOHMERT, who speaks which they have no authority by virtue would have equal access to all their to us often in these Chambers. I know of the Constitution and the 10th rights of citizenship but that their about his marriage, and I know about Amendment. Yet they violated the law, children would also be citizens and his conviction to the rule of law and they violated the Constitution, and that they would have equal protection the Constitution. they violated their oath. under the law. That was the essence of I yield to the gentleman from Texas, It is dishonorable to be a justice in the 14th Amendment. LOUIE GOHMERT. any court and violate your oath, vio- We are asked to believe that some- Mr. GOHMERT. I am very grateful late the law, and violate the Constitu- how those who wrote and ratified the for my very dear friend—not just tion. But the law is wanting to assure

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.094 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5021 the American people that we are going and you could go 200 years, and let’s go some folks to greet us there that to be so far above question that not back and see what nature has to say weren’t very happy with our presence. I only do you have to disqualify yourself about which couple it prefers to sus- don’t think their mothers were very if you are partial, you are biased, you tain a civilization. Which couple is pre- proud of them, Mr. Speaker, but I are prejudiced in a case, but ‘‘if your ferred by nature? You and I believe na- think Louie’s mother can be very impartiality might reasonably be ques- ture is God, as the Founders did. Which proud of him. tioned’’ is the language, then you have one is preferred? And I am willing to I look across the Midwest, in the to. It is a ‘‘shall.’’ You shall disqualify bet everything that I make the rest of heart of the heartland, and you can’t yourself. my life that in those situations where think about the heart of the heartland Mr. Speaker, two Justices violated just nature has to take its course, the without thinking of Kansas. I know the the law, violated the Constitution, vio- couples of man and woman will be the gentleman that represents the vast lated their oath, were dishonorable, one that proliferates and continues to reaches of the western at least two- and dictated law they have no business exist and live on to produce further thirds of Kansas, if not more, has ar- dictating. generations. rived here tonight, and he has dem- There is just one final point I would Mr. Speaker, I think that is what the onstrated his faith and his commit- like to make, and I brought this up on people of Iowa found so offensive that ment to family in a lot of ways. I have C–SPAN yesterday, but I have been they had judges that were so com- been able to see that. giving it some thought. What would be pletely ignorant of nature and nature’s Mr. Speaker, I am happy to yield to a good way to really get a grip on what God that they could say that there is the gentleman from Kansas (Mr. nature would indicate? And my friend no evidence in nature or anywhere else HUELSKAMP). knows I was there in Iowa with him to indicate a preference for a couple be- Mr. HUELSKAMP. Mr. Speaker, I after that ridiculous decision by the tween a man and a woman. thank the gentleman. Mr. Speaker, I appreciate the oppor- Iowa Supreme Court and the three I know people have raised issues, but tunity to visit tonight about a very judges that were up for retention that you need to be able to see someone you radical decision. I appreciate the dis- year were eliminated, as they should love in the hospital, you bet. We ought cussion of my colleagues from Texas have been. But having read that Iowa to make sure State legislatures fix and Iowa outlining some of the back- decision back then, I was amazed that that problem. If you love somebody, ground. the Iowa Supreme Court said this is a they are your partner, you care about I was born in 1968, and what this no evidence matter. them and they care about you, you Court would have us believe is that 100 We have different standards: substan- don’t want to just stalk anybody you years before I was born, somehow se- tial evidence, beyond a reasonable want, but if there is a mutual love, ad- cretly written into this constitutional doubt, and preponderance of the evi- miration, and respect, you ought to be Amendment was language that invali- dence. able to see them in a hospital. You dated laws in every State of the Union They said this is a no evidence issue. ought to be able to transfer property at that time. They want us to believe There is no evidence of any kind from and leave property. We ought to be able the authors of this constitutional any source to indicate a preference for to address those things in the law. Amendment, the 14th Amendment, vio- marriage between a man and a woman But when it comes to the building lated their own State laws at the time as opposed to marriage between two block for future generations and future and just didn’t know it. That is silly. men or two women. civilizations, I can promise you that if That is utter nonsense. And only if you I think it is a very important point it is not built on couples that are man lived in Washington, D.C., in some bub- to say, well, I would be willing to put and woman, as Moses and Jesus said, ble and spent your weekends or your up everything I will make for the rest then that civilization will not endure. summers vacationing in Western Eu- of my life, that it would go in to a bet, It is just the law of nature. rope, not in western Kansas where I am because I have that much faith in what I love the people of Iowa. I love the from, could you dream up somehow the Moses said and what Jesus said. fact that they came out and let it be Constitution dictated that you would Moses said that this is from God, known that these judges who were edu- overrule, override, undo—this is five that a marriage is when a man shall cated far beyond their intellectual ca- unelected black robe attorneys that leave his father and mother and a pability needed to step down because are going to dictate to 50 million woman leave her home and the two will the people of Iowa could figure out that Americans that you are wrong on the become one flesh. That is a marriage. there was evidence to support marriage definition of marriage. You are wrong. Jesus repeated: You know the law. being between a man and a woman. 2,000 years of human history is wrong. Moses give you the law. Here is the So I appreciate the time the gen- The authors of the 14th Amendment law. tleman has yielded to me. Thank you were wrong, and 31 States are wrong. And He repeated the very words of for continuing to stand for what is Let me go through that. We are talking Moses, and then He added a line and right, even when we have Supreme about dozens and dozens of States that said: What God has joined together, let Court Justices that violate the law, the adopted by a vote of the people. no man pull apart. Constitution, and their oath. Again, let’s roll back 2 years ago in So I have such faith in the words of Mr. KING of Iowa. Mr. Speaker, re- the Winter decision. This same Court, Moses and Jesus, I would be willing to claiming my time, I thank the gen- the exact same Court, said: Do you stake anything I make the rest of my tleman from Texas. I appreciate his know what? It is up to the States to de- life that my kids would otherwise get presentation here tonight and the cide. that we could take four couples of man many times and many hours that he They actually declared themselves and woman as Moses and Jesus said has spent on the floor. I also would say wrong 2 years previous to that and set and find a place that we could place for the record that the gentleman from to deny the vote, the right to vote to them where they are isolated but they Texas, Judge LOUIE GOHMERT, who had short-circuit the democratic process. have everything they need to live and the temptation to legislate as a judge Now recognize, folks have strong opin- have a good, full life, and then take an- and understood constitutionally how to ions. other place, an island or such, and put go about that, resigned his seat as a four couples of men, all men that love judge and ran for the United States b 2000 each other, and put them in such an Congress because he is, at heart, a leg- Even the President of the United isolated island situation where they islator with a deep respect and appre- States—President Obama and I both have everything they need to be com- ciation for the rule of law, the statu- agree on this point; there are strong fortable and live, and then have an is- tory construction, and the Constitu- opinions on both sides, but what is hap- land where we have four couples of tion itself. pening here is the folks that can’t win women that love each other, they are Congressman GOHMERT did come to in the State of Kansas, can’t win in 30 going to stay together. And then let’s Iowa and rode the judge bus. We trav- other States, have decided that they come back however many years you eled around from town to town and are going to try to find five people, five want to wait to come back, at least 25, gave speech after speech. There were people to overrule 50 million.

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.095 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5022 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Let me give you an example. My has pointed out, again and again, it is ciding for the rest of us. This was not home State of Kansas, when we passed concerns about immigration, it is con- interpretation of the Constitution; this our Kansas marriage amendment, cerns about education, it is concerns was just utter legal nonsense. which I was proud to be the author of, about spending, about overregulation There are two ways to respond to 417,675 men and women voted to declare where you have folks inside a bubble in this. One is a Federal marriage amend- that marriage is only between a man Washington, D.C., they read every ment. I have introduced that a couple and a woman. Five lawyers across the week. sessions in a row. That is the way you street said, You are all wrong—every Every day, I guess, they read the New amend the Constitution. The way the one of them. York Times and think they are doing a left amends the Constitution is they You go to the State of California, in great job; they read The Washington get five votes. 2008, 7,001,084 Californians were de- Post, but they don’t read and listen to Folks have been worried about a con- clared to be wrong by five people across real Americans. Again, they travel and stitutional convention; and I always the street, five people who have al- vacation in western Europe. joke that, well, they have one every ready fled town. They have left town. Many times, we see them using Court time they issue a ruling. This one was They won’t even stay here; they don’t decisions in the arguments that have a constitutional convention, utter even show up in public. They go behind no basis not only in our jurisprudence, legal fiction and nonsense. They know closed doors, make up their mind, come but in our history and are using that it; they all know this. out, and rule. which is outside—I have never served They are probably drinking cocktails This is exactly what our Founders in the U.S. Senate; I probably never tonight, laughing about our comments were afraid of with judicial tyranny of will, and I have no desire to do that, on the floor saying: Well, yeah, every- folks trying to dictate, to mandate, but I have got to wonder, when each of body knows that. take their personal biases, and man- these five that decided to overrule 51 So we are just under some fiction. We date them on California, mandate million, did anybody ask them: Do you are trying to figure out, okay, here is them—let me pick a State at random— think you are smarter than the rest of the decision we want; here is how we the State of Maine, 300,848 folks in America? Did anybody ask them? get there. A Federal marriage amend- Maine. How about in Alaska? 152,965 Actually, when they did ask them, ment is one option, but that is dif- people that these 5 people said were they said: We can’t tell you how we are ficult. wrong. going to rule. A second one that we have to worry Total across the entire Nation, there There is no doubt that at least four, about—and it was noted in the oral ar- were 51,483,777 people that this court, perhaps five, of these judges, these at- guments, it was noted in the opinion of these 5 people, not the entire court, 5 torneys, these lawyers made up their the majority and the minority, because people decided you 51,483,777 people, mind before they got the case and said: of this decision, mark my words, mark you are wrong. Those five were wrong 2 This is the decision. Here is what we the words of the dissenters—is they years ago—or at least one of them was want to reach. Here is the outcome. will use this decision to attack reli- wrong. They changed their mind 2 Let’s make something up so we can at gious liberties of Americans who still years ago. least claim there is an argument. believe, 51 million and plenty of others, If you look at the Holy Father’s lat- There is no logical argument; there is that marriage is between a man and a est encyclical that has been much dis- no legal argument. All there is, is the woman. cussed, it talks about the rule of law utter power, the claim that we get to They are not going to stop. Ten years and how if you start violating laws dictate what the rest of America will ago, they said they would stop at civil that becomes a pattern—and here, we accept. unions. That was all they wanted; then, have a pattern of this Court deciding to As a pro-life American as well, we well, maybe want something else. Now, ignore the clear Constitution and de- have to go 42 years ago. A court tried it is not only do they want marriage, cide to impose their biases. to do the same thing. And at that time, the next one will be to say, if you dis- As I understand, the dissent was in ’73, and I am guessing January 24, agree with me, you not only have to frightening. This is not only imposing 1973, I was a little tyke. Thank good- bake a cake, you have to participate in their biases against traditional mar- ness I was born before the Roe v. Wade other ceremonies in other ways. It goes riage; these five people don’t like mar- generation. I saw some of those folks on and on. riage as 51 million Americans under- run around today, claiming they were That is why I have introduced, along stand that. part of that generation. with others, the First Amendment De- In the dissent, it talked about not Part of that generation, one-third of fense Act, which I call upon those who only that, they have opened the door to those are gone. At that time, the Court believe in marriage, and even if you plural unions; and it is coming. They said they were going to impose abor- don’t believe in marriage but believe in referenced a Court case. This is where tion on all of America through all 9 the supremacy of the American people this Court is headed, and it is totally months. Do you know what, they rather than five attorneys, we bring out of step, not only with 51 million walked away and said: We got it all that to the floor and defend the rights Americans, but with their own Court done. and liberties of Americans and the decision 2 years ago, but also with the What they found out is the American thousands, perhaps tens of thousands, whole idea of our Constitution, that people are resilient. When they see out- perhaps millions of churches that say, somehow it is living and breathing and rageous decisions like this, it might Do you know what, we don’t agree with then five people. take them weeks, it might take them that, and we will not have the Federal I mean, this is the same margin by months, it might take them a year, it Government imposing their way—these which we have had atrocious decisions might take them decades, but they will five people. throughout history of this country. be pushing back. They will be pushing Now, I am just one. We got 435 in this You go not far from this—and my col- back and demanding that, when you body, 100 in the other body, and the league from Iowa knows this—you go put your thumb into the eye of 51 mil- Court just said: Do you know what, not far from here, you go down, I think lion Americans, you put your thumb in that doesn’t matter. it is a floor down, where you had a de- the eye of 2,000 years of history, you That is the definition of tyranny, and cision by the same U.S. Supreme put your thumb in the eye of millions from tyranny, good things do not Court, just a few different folks, de- of millions of children that deserve a come. Our Founders understood that. cided certain people didn’t have rights dad and a mom, a married dad and a When you consolidate power—and as and made a decision, an atrocious deci- mom, and say: Do you know what, you my colleague said: What difference sion. They were wrong. I think the don’t count; you don’t count. does Congress make anymore? Court is wrong today. That is what this Court is saying. We The decision the day before suggested Again, the idea that somehow they spend billions of dollars every year try- they get to rewrite the law, and the know better is the elitism that I think ing to replace a mom and a dad. Here marriage decision was they get to re- is driving folks crazy, and it is not just we are today because of five people write the Constitution. This is a funda- on this issue. My colleague from Iowa across the street—again, five people de- mental decision on the history of our

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.097 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5023 country, the history of our Constitu- I didn’t know that, within the last Mr. YOHO. Mr. Speaker, I thank my tion, where the future goes, and the couple of months, we would be having colleague from Iowa, Kansas, and history for and the future for our chil- that debate nationally, but I think our Texas for coming down here to share dren. debate is more specific—however, over- your thoughts on this important item. I appreciate my colleague from Iowa, ruled by the Supreme Court of the Mr. HUELSKAMP, you brought up his efforts for many years. I will not State of Iowa. about diluting the institution of mar- apologize on behalf of 417,675 Kansans I didn’t get around to mentioning riage, and if we keep going down this who voted for marriage. If those five that we voted three of those justices path, it will be worth nothing. Justices are asking them to apologize, off the bench, swept them off. There If we keep diluting the value of our they will not. They will continue to de- were only three up for retention ballot money, it is worth nothing; and if we fend God’s lawful marriage, and they in 2010. We voted them all off of the keep diluting the value of the things will do that proudly and will continue bench. that have made our society great, the to defend the State, and our U.S. Con- I still ask this question, which is, as nucleus family, if we keep doing that, gress should do the same. precise as our language is, I could not it becomes more washed out. I appreciate my colleague from divine any right to same-sex marriage b 2015 Iowa’s leadership. These are one of in the Constitution, not in the 14th these things that it is not easy. Roughly 2 weeks ago the Supreme Amendment, not in the Iowa Constitu- Court’s 5–4 decision on Obergefell v. Congressman, I appreciate your lead- tion that is mirrored to the 14th ership on this and not giving up for the Hodges demonstrated yet again the Amendment; but the Supreme Court highest court in the land legislating right thing. found it anyway. Mr. KING of Iowa. I thank the gen- from the bench. Is it beyond the realm of possibility The ruling was disappointing not tleman from Kansas, but I would ask if that, if your amendment becomes in- he will yield to a question before he re- only for the fact that the court had not corporated into our Constitution that a tires. four States to redefine marriage, but more liberal court, or this Court itself, You mention your constitutional even more so because it removes mil- might find a way to rationalize their amendment to preserve marriage be- lions of American from the democratic way around no matter how we write it? tween a man and a woman. I would ask process of choosing for themselves who Mr. HUELSKAMP. That is absolutely if you would be prepared to, if you can, and what defines marriage. true. I mean, where can they end up? from memory, quote that into the I personally and millions—you Again, when it becomes an issue of RECORD here tonight. brought up 51 million—hold a tradi- Mr. HUELSKAMP. I am not prepared bias, and our colleague from Texas tional view of marriage between one to quote it. I know what the vote was. talked about that, two justices that man and one woman. And I am proud Mr. KING of Iowa. The essence of it, clearly demonstrated bias in the State to say that I have been married to my if you could? of Kansas, that would be a basis for not wife Carolyn for over 40 years. God Mr. HUELSKAMP. The essence is ruling on the case and perhaps not even bless her because we know that is a marriage is reserved between one man being on a court. tough job. and one woman. It is a very simple def- I mean, those are illegal. I am not an However, the Constitution grants inition, a very historical definition, attorney, but we recognize that would people, the voters, the ability to decide and it was adopted by 417,675. be highly unethical in the State of whether or not to recognize same-sex Do you know what was interesting? I Kansas, but apparently, that is the way marriage. never once told the State of Kansas you get things done nationally, to im- Chief Justice Roberts in his dissent that, if five people wanted it, that was pose your will. made a valid point, which I am sure is the rule of law in Kansas—no. We had One thing that, again, I mention in shared by many Americans. He said to go through an open process, have passing that we can’t forget is what those who founded our country would the debate, have the campaign, get it this does for our children, what this not recognize the majority’s concep- through the legislature. does for our children by attempting to tion of the judicial role. We tried 2 years in a row; it didn’t fundamentally destroy and redefine And then he continued: They cer- happen. Finally, in 2005, it got on the marriage. tainly would not have been satisfied by ballot. It went up. Everybody had their I have been asked: Well, how does it a system empowering judges to over- up and down American experiment of affect your marriage? ride policies, judgments, so long as democracy and decided. When you make marriage anything, they do so after a quiet extensive dis- I will tell you at the time—and Steve you devalue what really is marriage. cussion. understands this, my Congressman— The last thing we need to be doing in With this type of legislation from the that people said: We don’t need to do this society is devaluing families, de- bench, what is the point of the States’ that. The Court would never overrule valuing marriage, and attacking the rights. I think that is what this gets that. There is nowhere that is in the basis of our society. Our Founders un- down to because 30 States wanted to Constitution. derstood that. define and have the right, according to It is very clear; marriage is between I don’t know what these Justices, the 10th Amendment, that it is a a man and a woman. That is the thing, what their history was growing up, State’s rights issue. marriage predates government. No what led them to change their mind If you live in that State and they de- matter what these five unelected law- and impose that on the rest of Amer- cide what marriage is and you don’t yers appointed for life—with full bene- ica; but that is why our Founders said: like it, you have the freedom to move fits, I might add, and health care—out- Here is the Constitution. You can in- or challenge us through the State sys- side of ObamaCare, that is another terpret it, but you shall go no further. tem. issue—no matter what they say, they Mr. KING of Iowa. They understand I think it is a sad day in America are not changing what a marriage is. that in Kansas, they understand that when we have to, as a country, redefine Mr. KING of Iowa. I would like to rein Iowa, and I suspect they understand who we are as a Nation, we have to reiterate this point that as you debated that in Florida. define what marriage is, an institution this in Kansas, I am one of the authors As I look over, I see the gentleman that has been around and ordained by of the Iowa’s Defense of Marriage Act. from Florida—I am looking at two doc- God for over thousands of years, 2,000- Ours says differently than I think all tors here—the gentleman from Florida years plus, to come down to this point the other States. (Mr. YOHO). in our society. All the other States say marriage is I thank the gentleman from Kansas We have got a book that we have between one man and one woman. I infor coming down tonight, as well as the lived by, and I am going to hold this up sisted that the language say between gentlemen from Florida and Texas, and for the viewers. This is, in total, the one male and one female because I the other folks that might show up. Declaration of Independence and the didn’t want to be in a debate about Mr. Chairman, I am happy to yield to Constitution. And you can see it is a what a man was and what a woman the gentleman from Florida (Mr. very thin book. It is not epic in vol- was. YOHO). ume, but, yet, it is an epic in ideology

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.098 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5024 CONGRESSIONAL RECORD — HOUSE July 9, 2015 of what a nation stands for, a nation of ernment and hold those other branches sweeping decision now sets the Govern- laws. accountable. ment on a collision course with reli- We have the three branches of gov- I look forward to working with my gious freedoms guaranteed in the First ernment. I have been up here for 21⁄2 colleagues on the House floor to make Amendment of the United States Con- years, and what I hear over and over sure that we are the ones that stand up stitution. again is we are in a constitutional cri- and say: Enough is enough. We have Americans with religious conviction sis. had enough. will now be forced into a position of And being in Congress for the last 21⁄2 Mr. KING of IOWA. Mr. Speaker, I great uncertainty. If their religious be- years, I see a lot of dysfunctionality. thank the fine gentleman from Florida liefs conflict with same-sex marriage, And if we don’t do our job, you get for his presentation, his understanding they may lose their business license other branches of government fulfilling of this, and his conviction on constitu- and they could be subjected to prosecu- that job and overstepping their bound- tional issue after constitutional issue, tion or even litigation. aries. including reminding us this is a con- Some are even calling for ending tax I agree with Justice Antonin Scalia stitutional republic that we live in. exemption status for any church or re- when he stated in his dissent: A system I would like to now recognize the ligious organization that opposes same- of government that makes the people husband of Roxanne Babin, the gen- sex marriage. This is alarming and it subordinate to a committee of non- tleman from Texas whom I get to demands action. elected lawyers does not deserve to be count as a good friend here in this Con- We have seen the attacks led by IRS called a democracy. gress, who has stood up on principle bureaucrats like Lois Lerner on con- Wow. Those are powerful words. A time and again. servative groups in the past, and we system of government that makes the Mr. Speaker, I recognize that we can expect the same under these dis- people subordinate to a committee of have 8 minutes left in our time. So we cussions. As elected leaders, we cannot nine unelected lawyers does not de- will try to judge it accordingly. and must not back down. serve to be called a democracy. I yield to the gentleman from Texas We have an obligation to fight for the We cannot allow our Constitution to (Mr. BABIN). religious protection of our constitu- be eroded, and I will continue to fight Mr. BABIN. Mr. Speaker, I really ap- encies against such judicial activism for the States’ rights and stop this con- preciate the gentleman from Iowa and and the consequences that will come tinued Federal power grab. good friend. I appreciate recognizing from it. I have met with local pastors I look at Justice Roberts, some of the my wife in the gallery as well. in Texas over the past few weeks, and dissension in his ruling, and Roberts I thank the gentleman for yielding they are very, very concerned about forcibly criticized the majority: time, and I thank him for his leader- this ruling. Sidestepping the democratic process ship on this very important issue. Congress wants to take immediate and declaring that same-sex couples Mr. Speaker, I stand here today deep- action to restore each States’ ability have the right to marry when, in his ly and bitterly disappointed and sad- to determine their own marriage laws view, such a right has no basis in the dened by the recent actions of five and to protect individuals and institu- Constitution. The court’s decision, he unelected U.S. Supreme Court justices tions with deeply held religious convic- complained, orders the transformation and their decision to defy the will of tions regarding traditional marriage to of a social institution that has formed the American people and disregard the ensure that they do not face discrimi- the basis of human societies for mil- rule of law. nation because of these convictions. lennia. As a strong defender of traditional As an unwavering advocate for pro- We are redefining that. marriage and State sovereignty, I be- tecting the traditional marriage, I And then he goes on to the Kalahari lieve it is absolutely wrong that five strongly support and have cosponsored bushmen and to the Han Chinese, the unelected members of the U.S. Su- a constitutional amendment to define Carthaginians, and the Aztecs. Just preme Court overruled tens of millions marriage as between one man and one who, Roberts laments, do we think we of Americans, including many in my woman. are? home State, the State of Texas, who We should also pass the First Amend- The other three justices echoed Rob- voted to enact State statutes and State ment Defense Act to protect churches, erts’ sentiment, sometimes in even constitutional amendments to define Christian schools and colleges and more strident terms. marriage as between one man and one business owners from being coerced by Justice Scalia characterized the deci- woman. the government to act against their re- sion as a judicial putsch and suggested Under this ruling, five members of ligious convictions in regards to ac- that, before he signed on to an opinion the Supreme Court invalidated the ceptance of same-sex marriage. like the majority, I would hide my votes of over 50 million Americans. In the 36th Congressional District of head in a bag. This is from our Su- That is deeply disturbing and alarm- Texas, where I have spent my entire preme Court justices. ing. And the dissenting justices raised life, people are very distressed over the I think it is a sad state of affairs this very concern. Supreme Court’s redefinition of mar- that, in the three branches of govern- Traditional marriage has been under riage and its impact on their ability to ment, that we are out of balance. assault as courts and some state legis- freely practice their faith. They real- We, as Member of Congress, are the latures have sought to both redefine ize, as do I, that, under the Supreme most powerful branch. It is the way our marriage as something other than be- Court’s decision, things are going to Founders set our country up. It is the tween a man and a woman. get worse as this collision course is set longest living democracy and constitu- Most seriously, they are now taking in motion. tional free republic in the world. The action to penalize and discriminate We will see more lawsuits spring up reason for that is the checks and bal- against those who have religious and that challenge the faith of average ances. conscience convictions against the re- American families who hold their be- I would like, Mr. Speaker, to say to definition of marriage. liefs dearly, as well as their churches, you and to my colleagues that our Over 30 States and tens of millions of schools, and charities. three branches of government are seri- Americans acted through the legisla- Under such uncertainty, I stand in ously out of balance. tive and election process to keep mar- strong solidarity with my constituents, And at times during human history, riage between one man and one woman our local and State leaders, and the when the government oversteps its within their respective States. like-minded colleagues that I have had boundaries, whether in total or in the Unfortunately, various courts took it the great privilege of listening to to- different branches, and they overstep upon themselves to sidestep the demo- night and having your time yielded to the boundaries of the Constitution, it cratic process and to silence those me. I serve with you folks in Congress is not only our duty, but it is our re- voices with their reprehensible activist that we will never back down on this sponsibility as Americans and as the decisions. issue. people’s House in the United States of By circumventing the votes of Amer- I will work tirelessly on all fronts to Congress to stand up and rein in gov- ican citizens, the Supreme Court’s defend traditional marriage and the

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.099 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5025 protection of religious liberties grant- fied the very language that they are Obama could have taken time out from ed under our U.S. Constitution. ruling upon, then what have we come his rigorous denunciation of the Middle Mr. KING of Iowa. Mr. Speaker, I to? Ages to speak truth to the emissary of thank the gentleman from Texas, and I I believe that this decision, this a Muslim Brotherhood regime whose appreciate very much his commitment Obergefell v. Hodges decision on mar- leader is wanted by the International to many causes, especially this cause. riage, right behind the decision of King Criminal Court for crimes against hu- I recognize the gentleman from Cali- v. Burwell—that, if the court continues manity, but our moral liberals spend fornia that has arrived, and I point out down this path, Mr. Speaker, they will too much time romanticizing actual that we are down to 3 minutes. render our Constitution an artifact of slaver cultures. I yield to the gentleman from Cali- history and this country will not re- ‘‘It’s a lot easier for our President to fornia (Mr. LAMALFA) to hear what he spect a court that doesn’t respect the get in his million-dollar Cadillac with might have to say about this topic. language and the text of the Constitu- 5-inch thick bulletproof windows, a Mr. LAMALFA. Mr. Speaker, I appre- tion. ride Boss Hogg could only envy’’—Boss ciate my colleague from Iowa. Thank Hogg being a reference to the name of b 2030 you for a little bit of time on this. the show ‘‘Dukes of Hazzard’’—‘‘and It is indeed something I know a lot of We are here to reject and criticize chase down a couple of good ole boys people are grieving over with the Su- the decision of the Supreme Court that than it is to condemn a culture that preme Court decision, first on the mo- imposes same-sex marriage on all of committed genocide in our own time, rality issue. America and requires each of the not in 1099, and that keeps slaves Those of us that believe in the Bible, States to recognize with reciprocity today, not in 1815. that believe in God, feel that the Bible those marriages. That is a decision this ‘‘Even while the Duke boys’’—again, is pretty clear on this subject of homo- Congress couldn’t make for the Amer- references to ‘‘Dukes of Hazzard’’— sexuality and the application of mar- ican people, and it is a decision that ‘‘the Duke boys were chased through riage. should be left up to the States. Georgia, President Obama appeared at But even more so, beyond that, it is Mr. Speaker, I will submit that I am an Iftar dinner, an event at which Mus- a choice. People can choose to follow one who is prepared to support the sim- lims emulate Mohammed, who had that path of biblical values or they can ple elimination of civil marriage be- more slaves than Robert E. Lee. There choose not. They will make that deci- cause this government has gotten into are no slaves in Arlington House today, sion, and they will be held accountable it so far that holy matrimony will not but in the heartlands of Islam, from for that decision one way or the other. be protected from the further litigation Saudi mansions to ISIS dungeons, So what I am looking at is that the in this Court unless we separate it there are still slaves, laboring, beaten, court, in this ruling, has usurped the from civil marriage itself. bought, sold, raped, and disposed of in process of the American people in the The next litigation that comes will Mohammed’s name. legislative process and replaced it with be that that sues our priests and our ‘‘Slavery does not exist under the the opinions of five court members. pastors to command them to conduct Confederate flag eagerly being pulled Where that ruling was on Friday, the same-sex marriages at their altars, and down. It does exist under the black and following Monday, the court upheld that is where the First Amendment green flags of Islam rising over that the people would draw their own freedom of religion comes into conflict mosques in Iraq, Saudi Arabia, and lines in Arizona and, by extension, with the distorted view of the 14th America today. California. Amendment which is part of this ‘‘In our incredibly tolerant culture, So the people’s voice is heard on dis- Obergefell, and that, Mr. Speaker, will it has become politically incorrect to trict lines as seen by the court, but the be a constitutional crisis. watch the General Lee’’—talking about people’s voice is ignored when Cali- I yield back the balance of my time. a car—‘‘jump a fence or a barn, but fornia passed two different initiatives f paying tribute to the culture that sent to uphold marriage. A MATTER OF HISTORY the slaves here and that still practices So there is not even consistency on slavery is the culturally sensitive the court on what the Constitution is The SPEAKER pro tempore (Mr. thing to do. In 2015, slavery is no longer supposed to mean on the people’s voice, RUSSELL). Under the Speaker’s an- freedom, but it certainly is tolerance.’’ and that is very troublesome. nounced policy of January 6, 2015, the The article goes on: ‘‘Slavery was an It indicates to me that we are not far Chair recognizes the gentleman from indigenous African and Middle Eastern from a constitutional crisis with the Texas (Mr. GOHMERT) for 30 minutes. practice, not to mention an indigenous way this court usurps the people’s Mr. GOHMERT. Mr. Speaker, I heard practice in America among indigenous voice and the legislative process. earlier discussions from my friends— cultures.’’ So I appreciate the time from the and I literally mean that, friends; I am The author here is talking about, for gentleman here tonight. Thank you for not being sarcastic, they are friends— those who don’t understand indigenous your leadership on this important talking about the shootings. It sounds cultures, he is talking about Native issue. like they were certainly racist shoot- Americans. There were Native Ameri- Mr. KING of Iowa. Mr. Speaker, we ings in South Carolina when an evil cans that had slaves, just like in Africa have heard from a list of solid constitu- man shot brothers and sisters of mine and Middle Eastern practices. tionalists here this evening that are as fellow Christians. The article goes on: ‘‘If justice de- not only committed to their oath to Now there is this big race to go after mands that we pull down the Confed- support and defend the Constitution, the Confederate flag. So, Mr. Speaker, erate flag everywhere, even from the but, also, each committed to their own I saw this article by Daniel Greenfield top of the orange car sailing through marriage throughout these years that, and felt like this was worth noting, the air in the freeze frame of an old tel- if we added them up, it is well over a historically, information that Mr. evision show, then what possible jus- century of us together. Marilyn and I GREENfield has published this month. tification is there for all the faux Aztec are 43 years. Just touching on parts of the article— knickknacks? Even the worst Southern I am steeped in the Constitution and I started to say ‘‘he,’’ but it says ‘‘Dan- plantation owners didn’t tear out the the rule of law. I have great respect for iel.’’ Maybe it is a man, maybe it isn’t. hearts of their slaves on top of pyra- the Supreme Court of United States, I don’t want to be biased based on a mids.’’ but I have greater respect for the su- name. This is a reference that obviously in preme law of the land, which is the But anyway, in his article he says, history we understand Aztecs did pull Constitution of the United States. talking about President Obama: ‘‘When out hearts of slaves that they sac- If the law doesn’t mean what it says Obama condemned Christianity for the rificed on top of pyramids. and if the Constitution can have Crusades, only a thousand years too Anyway, the article says: ‘‘The ro- divined within it certain rights that late, in attendance was the Foreign manticization of Aztec brutality plays are imagined only by this court and Minister of Sudan, a country that prac- a crucial role in the mythology of not imagined by the people that rati- tices slavery and genocide. President Mexican nationalist groups like La

VerDate Sep 11 2014 03:50 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.100 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H5026 CONGRESSIONAL RECORD — HOUSE July 9, 2015 Raza promoting the Reconquista of or ISIS, it destroys the relics of past They are saying they want to pre- America today.’’ societies that do not measure up to its serve slavery in any State that wants I wasn’t aware of that, but the article impossible standards. And then it re- to have it. says: ‘‘Black nationalists romanticize places them with imaginary utopias of They finish up by saying: ‘‘Resolved, the slave-holding civilization of Egypt the past that never existed. That we recognize the right of the peo- despite the fact that the narrative of ‘‘As Ben Carson pointed out, we will ple of all the Territories, including the liberation of the Hebrew slaves not get rid of racism by banning the Kansas and Nebraska, acting through from bondage played a crucial role in Confederate flag. Even when it is used the legally and fairly expressed will of the end of slavery in America. The end- at its worst by the likes of Dylann a majority of actual residents, and less stories about the ‘Amazons’ of the Storm Roof, it is a symptom, not the whenever the number of their inhab- African kingdom of Dahomey neatly fit problem. Roof was not radicalized by itants justifies it, to form a constitu- into the leftist myth of a peaceful ma- the dead Confederacy, but by the racial tion, with or without domestic slav- triarchal Africa disrupted by European tensions kicked off’’—I am not sure I ery.’’ colonialism, but Dahomey ran on slav- want to say that. It sounds like something the Ku Klux ery. But, anyway, interesting take, but Klan would have done. They are de- ‘‘The ‘Amazons’ helped capture all of this talk about eliminating any manding that they have the right to slaves for the Atlantic slave trade. references or uses of things that re- have slavery, the worst abomination in White and Black liberals are romanti- mind us of the horrors, the abomina- the history of America, that even cizing the very culture that captured tion that slavery was in the United Thomas Jefferson put in his original and sold their forefathers into slavery. States should be eliminated. That is draft of the Declaration of Independ- ’In Dahomey,’ the first major main- what we are hearing. ence that it was a horrible grievance stream Black musical was about Afri- And so, Mr. Speaker, in thinking against the King of England for allow- can Americans moving to Dahomey. By about that—and the suggestion was ing slavery, this horrible abomination, then, the French had taken over old made by my friend, another judge from from ever starting in America. Dahomey and together with the British Texas, Judge CARTER, so I had to go Well, they didn’t learn their lesson. had put an end to the slave trade. look it up. I think there is an entity This hideous political organization’s ‘‘The French dismantled the ‘Ama- that was so evil in supporting slavery, platform in 1860 said they were adopt- zons’ and freed many of Dahomey’s in fighting against civil rights, in ing all the things that they had said in slaves only for the idiot descendants of fighting against the Christian brother 1856 about the right to keep this hei- both groups to romanticize the last that Martin Luther King, Jr., was, nous, offensive slavery intact. They include this, though, addition- noble stand of Dahomey fighting for fighting against those who wanted ally in their platform of 1860: ‘‘Re- the right to export Black slaves to equality that the Constitution guaran- solved, That the enactment of the Cuba and condemn the European lib- teed, we ought to look at those sym- State Legislatures to defeat the faith- erators who put a stop to that atrocity. bols, and we ought to look at what ful execution of the Fugitive Slave ‘‘If we crack down on romanticizing they stood for and perhaps ban any po- Law, are hostile in character, subver- Dixie, how can we possibly justify ro- litical organization from participating sive of the Constitution, and revolu- manticizing Dahomey or the Aztecs or in Congress for upholding the abomina- tionary in their effect.’’ Mohammed? tion that slavery was to this country. So I was able to get a copy of this They want to make it clear that not ‘‘If slavery and racism are wrong,’’ platform, this political platform from only were they avid supporters of slav- which clearly they are, the article 1856. This is the number one plank in ery in America, but that it was their says. ‘‘If slavery and racism are wrong, the platform of this hideous political right to own people in America. This then they are wrong across the organization, and this is what they be- disgusting political organization also board...Dahomey and Mohammed lieved and they asserted. found the fugitive slave law to be, as had bought, sold, and killed enough they say, hostile in character, subver- b 2045 Black lives to be frowned upon. sive of the Constitution. ‘‘If we go back far enough in time, I am reading from the number one Again, this sounds like something most cultures kept slaves. The Romans plank in their party platform: ‘‘That from the Ku Klux Klan. Will we want and Greeks certainly did. That’s why Congress has no power under the Con- the Ku Klux Klan participating here on the meaningful standard is not whether stitution, to interfere with or control the floor when this is their history? It a culture ever had slaves, but whether the domestic institutions of the several is the worst abomination. it has slaves today. If we are going to States, and that such States are the The horrors of slavery finally were eradicate the symbols of every culture sole and proper judges of everything overcome, largely by abolitionist that ever traded in slaves, there will be appertaining to their own affairs, not churches and pastors, people who be- few cultural symbols that will escape prohibited by the Constitution’’—then, lieved that it had to stop, that people unscathed. But the academics who in- here it goes—‘‘that all efforts of the couldn’t be treating brothers and sis- sist on cultural relativism in 19th cen- abolitionists, or others, made to induce ters in such a way. tury Africa reject it in 19th century Congress to interfere with questions of It took the life work and even laying South Carolina, thereby revealing their slavery, or to take incipient steps in down of the life of Martin Luther King, own racism. relation thereto, are calculated to lead Jr., to push us to the level where broth- ‘‘And so instead of fighting actual to the most alarming and dangerous ers and sisters, as he was in Christ, modern-day slavery in Africa and the consequences; and that all such efforts could treat brothers and sisters as Middle East, social justice warriors are have an inevitable tendency to dimin- equal people. That is where we should swarming to invade Hazzard County. ish the happiness of the people and en- have been all along. It is where he was ‘‘Most of the cultures of the past that danger the stability and permanency of pushing us to be against the hideous we admire, respect, and even roman- the Union, and ought not to be coun- type things from 1856 and 1860. ticize had slaves, but when we look tenanced by any friend of our political If we are going to eliminate every- back at their achievements and even institutions.’’ thing that reminds us of a hideous past try to forge some connection to them, That was the official number one that supported slavery and the oppres- it does not have to mean an endorse- plank in this hideous political organi- sion, the horrors that slavery en- ment of their worst habits. This is a zation’s platform from 1856. tailed—breaking up of families, moles- concept that liberals understood but They go on. Here is number three: tations, the beatings, just the horrors— that leftists reject. ‘‘That by the uniform application of John Quincy Adams was right. God ‘‘The recent hysteria reminds us that this Democratic principle to the orga- could not continue to bless America the nuanced reason of the former has nization of territories, and to the ad- while we were treating brothers and been replaced by the irrational, de- mission of new States, with or without sisters by putting them in chains and structive impulses of the latter. The domestic slavery, as they may elect— bondage. left is so obsessed with creating uto- the equal rights, of all the States will He was right. So many abolitionists pias of the future that, like the Taliban be preserved intact.’’ were right. Daniel Webster was right.

VerDate Sep 11 2014 05:10 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JY7.102 H09JYPT1 emcdonald on DSK67QTVN1PROD with HOUSE July 9, 2015 CONGRESSIONAL RECORD — HOUSE H5027 Republicans that stood up to these hid- country, but let’s stop the race baiting H.R. 728. To designate the facility of the eous political organizations were right. because, if we are really going to go United States Postal Service located at 7050 There should be no place for slavery in there, we have got to end the Demo- Highway BB in Cedar Hill, Missouri, as the America. cratic Party. Its history is so inter- ‘‘Sergeant First Class William B. Woods, Jr. Post Office’’. If we are going to have a complete woven with starting, keeping, trying to cleansing of this country of anything, push slavery on beyond anything that f any symbol, then this platform from it should have been through. ADJOURNMENT the Democratic Party in 1856 and 1860— We don’t need to end the Democratic Mr. GOHMERT. Mr. Speaker, I move and it wasn’t the Ku Klux Klan; it Party. We just need to work together that the House do now adjourn. sounded like it, and there were a lot of in the present. That doesn’t mean we The motion was agreed to; accord- Democrats who were members of the can’t disagree. We do all the time. ingly (at 8 o’clock and 56 minutes Ku Klux Klan. I don’t know that you Let’s stop the race baiting. Let’s look p.m.), the House adjourned until to- can find Republicans that were mem- at the example of the victims’ families morrow, Friday, July 10, 2015, at 9 a.m. bers of the Ku Klux Klan, but there in Charleston, South Carolina, and say: f were certainly plenty of Democrats Wow, there are incredible believers and that were. followers of Jesus Christ. That is some- EXECUTIVE COMMUNICATIONS, I think it is time not for the Wash- body we can emulate. ETC. ington Redskins to change their name, Mr. Speaker, I yield back the balance Under clause 2 of rule XIV, executive but for the Democratic Party to of my time. communications were taken from the change its name because all you have f Speaker’s table and referred as follows: to do is go online and look up the his- 2103. A letter from the Under Secretary, tory of the Democratic Party. It is one LEAVE OF ABSENCE Acquisition, Technology, and Logistics, De- of oppressing African Americans. It is By unanimous consent, leave of ab- partment of Defense, transmitting the De- one of supporting slavery and the hor- sence was granted to: partment’s Report to Congress entitled ‘‘Cor- rosion Policy and Oversight Budget Mate- rors that occurred in the United Mr. PAYNE (at the request of Ms. States, even up through the 20th cen- rials for FY 2016’’, pursuant to 10 U.S.C. 2228; PELOSI) for today on account of attend- to the Committee on Armed Services. tury on into the 1860s. ing a funeral in district. 2104. A letter from the Chief Counsel, I think we had a Democratic Senator f FEMA, Department of Homeland Security, who was a member of the Ku Klux transmitting the Department’s final rule — Klan. I think he has got a lot of things ENROLLED BILLS SIGNED Final Flood Elevation Determinations named after him. I hope that my Karen L. Haas, Clerk of the House, (Tioga County, PA, et al.); [Docket ID: friends who will ultimately want to FEMA-2015-0001] received July 8, 2015, pursu- reported and found truly enrolled bills ant to 5 U.S.C. 801(a)(1)(A); Added by Public change the name of the Democratic of the House of the following titles, Party because of its horrible history Law 104-121, Sec. 251; to the Committee on which were thereupon signed by the Financial Services. will also want to change the names of Speaker: 2105. A letter from the Director, Regu- things that were named after somebody H.R. 728. An act to designate the facility of latory Management Division, Environmental that was a big supporter of the Ku Klux the United States Postal Service located at Protection Agency, transmitting the Agen- Klan. 7050 Highway BB in Cedar Hill, Missouri, as cy’s final rule — Clean Air Act Title V Oper- The fact is the families of the vic- the ‘‘Sergeant First Class William B. Woods, ating Permit Program Revision; Pennsyl- tims in Charleston, South Carolina— Jr. Post Office’’. vania [EPA-R03-OAR-2015-0119; FRL-9930-30- brothers and sisters in Christ, for those H.R. 891. An act to designate the facility of Region 3] received July 8, 2015, pursuant to 5 of us who are Christians—wow, did the United States Postal Service located at U.S.C. 801(a)(1)(A); Added by Public Law 104- 141 Paloma Drive in Floresville, Texas, as 121, Sec. 251; to the Committee on Energy they send a powerful message. I didn’t and Commerce. see or hear them demanding the Con- the ‘‘Floresville Veterans Post Office Build- ing’’. 2106. A letter from the Director, Regu- federate flag be taken down. I heard H.R. 1326. An act to designate the facility latory Management Division, Environmental them forgive the one—the evil, horrible of the United States Postal Service located Protection Agency, transmitting the Agen- person—that committed such a vile act at 2000 Mulford Road in Mulberry, Florida, as cy’s final rule — Approval and Promulgation on people at a prayer meeting, of all the ‘‘Sergeant First Class Daniel M. Fer- of Air Quality Implementation Plans; Penn- things. guson Post Office’’. sylvania; Determination of Attainment of They showed the kind of love Jesus H.R. 1350. An act to designate the facility the 2006 24-Hour Fine Particulate Standard for the Liberty-Clairton Nonattainment showed, the kind of love that was em- of the United States Postal Service located at 442 East 167th Street in Bronx, New York, Area [EPA-R03-OAR-2015-0175; FRL-9930-23- bodied by Father Damien, whose statue Region 3] received July 8, 2015, pursuant to 5 is right down at the southern entrance as the ‘‘Herman Badillo Post Office Build- ing’’. U.S.C. 801(a)(1)(A); Added by Public Law 104- of this building beneath us right now. 121, Sec. 251; to the Committee on Energy The plaque on his statue—God forgive f and Commerce. anybody who would ever want to BILLS PRESENTED TO THE 2107. A letter from the Director, Regu- change this, because it is so powerful— latory Management Division, Environmental PRESIDENT Protection Agency, transmitting the Agen- are the words of Jesus in John 15:13: Karen L. Haas, Clerk of the House, cy’s final rule — Approval and Promulgation ‘‘Greater love hath no man than this, reported that on July 9, 2015, she pre- of Air Quality Implementation Plans; Kan- that a man lay down his life for his sented to the President of the United sas; Update to Materials Incorporated by friends.’’ States, for his approval, the following Reference [EPA-R07-OAR-2015-0104; FRL- Jesus did that; Father Damien did 9926-48-Region 7] received July 8, 2015, pursu- that; Martin Luther King, Jr., did bills: ant to 5 U.S.C. 801(a)(1)(A); Added by Public that—many have so that we could have H.R. 91. To amend title 38, United States Law 104-121, Sec. 251; to the Committee on the freedoms we have today, many of Code, to direct the Secretary of Veterans Af- Energy and Commerce. fairs to issue, upon request, veteran identi- 2108. A letter from the Director, Regu- our American military forces have, not fication cards to certain veterans. latory Management Division, Environmental just for your freedom, but freedom H.R. 891. To designate the facility of the Protection Agency, transmitting the Agen- around the world. United States Postal Service located at 141 cy’s direct final rule — Revisions to the Cali- Let’s recognize the good with which Paloma Drive in Floresville, Texas, as the fornia State Implementation Plan, South we have been blessed. Let’s stop the ‘‘Floresville Veterans Post Office Building’’. Coast Air Quality Management District name calling, the race baiting, the di- H.R. 1326. To designate the facility of the [EPA-R09-OAR-2015-0345; FRL-9929-58-Region vision politics. Let’s fuss and disagree United States Postal Service located at 2000 9] received July 8, 2015, pursuant to 5 U.S.C. over issues, but let’s quit trying to tear Mulford Road in Mulberry, Florida, as the 801(a)(1)(A); Added by Public Law 104-121, ‘‘Sergeant First Class Daniel M. Ferguson this country apart because of things of Sec. 251; to the Committee on Energy and Post Office’’. Commerce. the past in which not one person in this H.R. 1350. To designate the facility of the 2109. A letter from the Director, Regu- room would have taken part in. United States Postal Service located at 442 latory Management Division, Environmental Let’s work together. Fuss, disagree, East 167th Street in Bronx, New York, as the Protection Agency, transmitting the Agen- push for what we believe is best for the ‘‘Herman Badillo Post Office Building’’. cy’s final rule — Revisions to the California

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A letter from the Director, Regu- fice of Sustainable Fisheries, NMFS, Office Commerce. latory Management Division, Environmental of Sustainable Fisheries, National Oceanic 2110. A letter from the Director, Regu- Protection Agency, transmitting the Agen- and Atmospheric Administration, transmit- latory Management Division, Environmental cy’s final rule — Partial Approval and Par- ting the Administration’s temporary rule — Protection Agency, transmitting the Agen- tial Disapproval of Air Quality State Imple- Atlantic Highly Migratory Species; Atlantic cy’s final rule — Revisions to the California mentation Plans; Arizona; Infrastructure Re- Bluefin Tuna Fisheries [Docket No.: State Implementation Plan, South Coast Air quirements for Lead and Ozone [EPA-R09- 120328229-4949-02] (RIN: 0648-XD973) received Quality Management District [EPA-R09- OAR-2015-0297; FRL-9930-28-Region 9] re- July 8, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); OAR-2014-0841; FRL-9929-60-Region 9] received July 8, 2015, pursuant to 5 U.S.C. Added by Public Law 104-121, Sec. 251; to the ceived July 8, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law 104-121, Committee on Natural Resources. 801(a)(1)(A); Added by Public Law 104-121, Sec. 251; to the Committee on Energy and 2128. A letter from the President, National Sec. 251; to the Committee on Energy and Commerce. Council on Radiation Protection and Meas- Commerce. 2118. A letter from the Executive Director, urements, transmitting the Council’s 2014 2111. A letter from the Director, Regu- Patient-Centered Outcomes Research Insti- annual report of an independent auditor, latory Management Division, Environmental tute, transmitting the FY 2014 Annual Re- pursuant to 36 U.S.C. 10101(b)(1) and 150909; to Protection Agency, transmitting the Agen- port of the Institute, pursuant to 42 U.S.C. the Committee on the Judiciary. cy’s final rule — Approval and Promulgation 1320e; Public Law 111-148, Sec. 1181(d)(10); to 2129. A letter from the Deputy General of Air Quality Implementation Plans; Mary- the Committee on Energy and Commerce. Counsel, Small Business Administration, land; Preconstruction Requirements — Non- 2119. A letter from the Assistant Legal Ad- transmitting the Administration’s final rule attainment New Source Review [EPA-R03- viser, Office of Treaty Affairs, Department of — Microloan Program Expanded Eligibility OAR-2014-0833; FRL-9930-31-Region 3] re- State, transmitting a list of international and Other Program Changes [Docket No.: ceived July 8, 2015, pursuant to 5 U.S.C. agreements other than treaties entered into SBA-2013-0002] (RIN: 3245-AG53) received July 801(a)(1)(A); Added by Public Law 104-121, by the United States to be transmitted to 8, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Sec. 251; to the Committee on Energy and Congress within sixty days, in accordance Added by Public Law 104-121, Sec. 251; to the Commerce. with the Case-Zablocki Act, 1 U.S.C. 112b; to Committee on Small Business. 2112. A letter from the Director, Regu- the Committee on Foreign Affairs. f latory Management Division, Environmental 2120. A letter from the Assistant Secretary, Protection Agency, transmitting the Agen- Legislative Affairs, Department of State, REPORTS OF COMMITTEES ON cy’s final rule — Approval and Promulgation transmitting a report by the Department on PUBLIC BILLS AND RESOLUTIONS of Air Quality Implementation Plans; Penn- progress toward a negotiated solution of the Under clause 2 of rule XIII, reports of sylvania; Redesignation Request and Associ- Cyprus question covering the period of Feb- ated Maintenance Plan for the Johnstown ruary 1, 2015 through March 31, 2015, pursu- committees were delivered to the Clerk Nonattainment Area for the 1997 Annual and ant to Sec. 620C(c) of the Foreign Assistance for printing and reference to the proper 2006 24-Hour Fine Particulate Matter Stand- Act of 1961, as amended, and in accordance calendar, as follows: ard [EPA-R03-OAR-2014-0902; FRL-9930-24-Re- with Sec. 1(a)(6) of Executive Order 13313; to Mr. CRENSHAW: Committee on Appropria- gion 3] received July 8, 2015, pursuant to 5 the Committee on Foreign Affairs. tions. H.R. 2995. A bill making appropria- U.S.C. 801(a)(1)(A); Added by Public Law 104- 2121. A letter from the Secretary, Depart- tions for financial services and general gov- 121, Sec. 251; to the Committee on Energy ment of the Treasury, transmitting pursuant ernment for the fiscal year ending Sep- and Commerce. to Sec. 401(c) of the National Emergencies tember 30, 2016, and for other purposes (Rept. 2113. A letter from the Director, Regu- Act, 50 U.S.C. 1641(c), and Sec. 204(c) of the 114–194). Referred to the Committee of the latory Management Division, Environmental International Emergency Economic Powers Whole House on the state of the Union. Protection Agency, transmitting the Agen- Act, 50 U.S.C. 1703(c), a six-month periodic f cy’s final rule — Findings of Failure to Sub- report on the national emergency with remit a Section 110 State Implementation Plan spect to Lebanon that was declared in Execu- PUBLIC BILLS AND RESOLUTIONS for Interstate Transport for the 2008 National tive Order 13441 of August 1, 2007; to the Under clause 2 of rule XII, public Ambient Air Quality Standards for Ozone Committee on Foreign Affairs. bills and resolutions of the following [EPA-HQ-OAR-2012-0943; FRL-9930-25-OAR] 2122. A letter from the Secretary, Amer- received July 8, 2015, pursuant to 5 U.S.C. ican Battle Monuments Commission, trans- titles were introduced and severally re- 801(a)(1)(A); Added by Public Law 104-121, mitting the Commission’s annual report preferred, as follows: Sec. 251; to the Committee on Energy and pared in accordance with Sec. 203 of the No- By Mr. DOLD: Commerce. tification and Federal Employee Anti- H.R. 2990. A bill to provide for the conduct 2114. A letter from the Director, Regu- discrimination and Retaliation Act of 2002 of demonstration projects to test the effec- latory Management Division, Environmental (No FEAR Act), Pub. L. No. 107-174; to the tiveness of subsidized employment for TANF Protection Agency, transmitting the Agen- Committee on Oversight and Government recipients; to the Committee on Ways and cy’s direct final rule — Approval and Pro- Reform. Means. mulgation of Air Quality Implementation 2123. A letter from the Executive Analyst, By Mr. RENACCI (for himself, Mr. Plans; Maryland; Low Emissions Vehicle Department of Health and Human Services, TIBERI, Mr. RYAN of Ohio, and Mr. Program Revisions [EPA-R03-OAR-2015-0214; transmitting a report pursuant to the Fed- KILMER): FRL-9930-35-Region 3] received July 8, 2015, eral Vacancies Reform Act of 1998, Pub. L. H.R. 2991. A bill to encourage States to en- pursuant to 5 U.S.C. 801(a)(1)(A); Added by 105-277; to the Committee on Oversight and gage more TANF recipients in activities Public Law 104-121, Sec. 251; to the Com- Government Reform. leading to employment and self-sufficiency, mittee on Energy and Commerce. 2124. A letter from the Chairman and Presi- and to simplify State administration of 2115. A letter from the Director, Regu- dent, Export-Import Bank, transmitting a TANF work requirements; to the Committee latory Management Division, Environmental copy of the semi-annual report to Congress on Ways and Means, and in addition to the Protection Agency, transmitting the Agen- from the Office of Inspector General of the Committee on Education and the Workforce, cy’s final amendments — National Emission Export-Import Bank of the United States for for a period to be subsequently determined Standards for Hazardous Air Pollutants for the period ending March 31, 2015, pursuant to by the Speaker, in each case for consider- the Portland Cement Manufacturing Indus- Sec. 5(b) of the Inspector General Act of 1978; ation of such provisions as fall within the ju- try and Standards of Performance for Port- to the Committee on Oversight and Govern- risdiction of the committee concerned. land Cement Plants [EPA-HQ-OAR-2011-0817; ment Reform. By Mrs. BROOKS of Indiana (for her- FRL-9927-62-OAR] (RIN: 2060-AQ93) received 2125. A letter from the Senior Vice Presi- self and Ms. HAHN): July 8, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); dent and Chief Financial Officer, Federal H.R. 2992. A bill to award a Congressional Added by Public Law 104-121, Sec. 251; to the Home Loan Bank of San Francisco, trans- Gold Medal, collectively, to the U.S. Mer- Committee on Energy and Commerce. mitting the Federal Home Loan Bank of San chant Marine of World War II, in recognition 2116. A letter from the Director, Regu- Francisco’s 2014 management report and fi- of their dedicated and vital service during latory Management Division, Environmental nancial statements, pursuant to 31 U.S.C. World War II; to the Committee on Financial Protection Agency, transmitting the Agen- 9106; to the Committee on Oversight and Services. cy’s direct final rule — Approval and Pro- Government Reform. By Ms. MATSUI: mulgation of Implementation Plans; New 2126. A letter from the Executive Director, H.R. 2993. A bill to amend the Reclamation Mexico; Revisions to the Particulate Matter United States Consumer Product Safety Wastewater and Groundwater Study and Fa- Less than 2.5 Micrometers (PM2.5) Preven- Commission, transmitting the Commission’s cilities Act to authorize funding for water tion of Significant Deterioration (PSD) Per- 2013 annual report to the President and Con- recycling projects in areas experiencing se- mitting Program State Implementation Plan gress, pursuant to Sec. 27(j) of the Consumer vere, extreme, or exceptional drought, and

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for other purposes; to the Committee on Nat- ment Reform, for a period to be subsequently BRIDENSTINE, Mr. LAMBORN, Mr. ural Resources. determined by the Speaker, in each case for CLAWSON of Florida, Mr. ZELDIN, Mr. By Mr. THOMPSON of California (for consideration of such provisions as fall with- GOSAR, Mr. MCCLINTOCK, Mr. himself, Mr. PERLMUTTER, Ms. TSON- in the jurisdiction of the committee con- LAMALFA, Mr. MARINO, Mr. ROSS, Mr. GAS, Mr. FATTAH, Ms. ESTY, Mr. YAR- cerned. CALVERT, Mr. JODY B. HICE of Geor- MUTH, Mr. HIMES, Mr. SWALWELL of By Mrs. BUSTOS (for herself, Mrs. gia, Mr. BRAT, Mr. MARCHANT, Mr. California, Ms. NORTON, Mr. VAN HOL- KIRKPATRICK, Ms. KELLY of Illinois, BLUM, Mr. BROOKS of Alabama, Mr. LEN, Mrs. NAPOLITANO, Ms. CLARK of Ms. EDWARDS, and Mr. QUIGLEY): BABIN, Mr. PALMER, Mr. JONES, and Massachusetts, Mr. BLUMENAUER, Mr. H.R. 3003. A bill to amend the Internal Rev- Mr. YOHO): ELLISON, Ms. MATSUI, Ms. EDWARDS, enue Code of 1986 to allow the work oppor- H.R. 3011. A bill to amend the Immigration Mr. QUIGLEY, Ms. LEE, and Mrs. tunity credit for hiring individuals who are and Nationality Act to increase the penalties CAPPS): veterans or members of the Ready Reserve or applicable to aliens who unlawfully reenter H.R. 2994. A bill to protect individuals by National Guard, to make permanent the the United States after being removed; to strengthening the Nation’s mental health in- work opportunity credit, and to expand and the Committee on the Judiciary. frastructure, improving the understanding of make permanent the employer wage credit By Mr. SALMON (for himself, Mr. violence, strengthening firearm prohibitions for employees who are active duty members STUTZMAN, and Mr. GOSAR): and protections for at-risk individuals, and of the uniformed services; to the Committee H.R. 3012. A bill to authorize the use of un- improving and expanding the reporting of on Ways and Means. approved medical products by patients diag- mental health records to the National In- By Mr. CLYBURN: nosed with a terminal illness in accordance stant Criminal Background Check System; H.R. 3004. A bill to amend the Gullah/ with State law, and for other purposes; to to the Committee on the Judiciary, and in Geechee Cultural Heritage Act to extend the the Committee on Energy and Commerce, addition to the Committee on Energy and authorization for the Gullah/Geechee Cul- and in addition to the Committee on the Ju- Commerce, for a period to be subsequently tural Heritage Corridor Commission; to the diciary, for a period to be subsequently de- determined by the Speaker, in each case for Committee on Natural Resources. termined by the Speaker, in each case for consideration of such provisions as fall with- By Mr. DANNY K. DAVIS of Illinois consideration of such provisions as fall within the jurisdiction of the committee con- in the jurisdiction of the committee con- (for himself and Mr. CARSON of Indi- cerned. cerned. ana): By Mr. SENSENBRENNER (for him- By Mr. HARDY: H.R. 3005. A bill to amend title IV of the H.R. 2996. A bill to amend the Robert T. Social Security Act to ensure funding for self, Ms. MAXINE WATERS of Cali- Stafford Disaster Relief and Emergency As- grants to promote responsible fatherhood fornia, and Mr. REED): H.R. 3013. A bill to protect private property sistance Act to establish wildfire on Federal and strengthen low-income families, and for rights; to the Committee on the Judiciary. lands as a major disaster; to the Committee other purposes; to the Committee on Ways By Mr. SESSIONS (for himself, Mr. on Transportation and Infrastructure. and Means, and in addition to the Commit- WILLIAMS, Mr. GOHMERT, Mr. BARTON, By Mr. ROSS (for himself, Mr. tees on Energy and Commerce, and Agri- Mr. SAM JOHNSON of Texas, Mr. ROO- CLEAVER, Mr. HIMES, and Mr. culture, for a period to be subsequently de- NEY of Florida, Mr. FLORES, Mr. DELANEY): termined by the Speaker, in each case for H.R. 2997. A bill to authorize the Secretary consideration of such provisions as fall with- MARCHANT, Mr. STIVERS, Mr. WEBER of Housing and Urban Development to carry in the jurisdiction of the committee con- of Texas, Mr. CULBERSON, Mr. OLSON, out a demonstration program to enter into cerned. Mr. BABIN, Mr. BOUSTANY, Mr. WIL- budget-neutral, performance-based contracts By Mr. FLEMING: SON of South Carolina, Mr. REICHERT, for energy and water conservation improve- H.R. 3006. A bill to amend the Internal Rev- Mr. FINCHER, Mr. CRAWFORD, Mr. ments for multifamily residential units; to enue Code of 1986 to improve health savings DUNCAN of South Carolina, Mr. the Committee on Financial Services. accounts, and for other purposes; to the BUCSHON, Mr. TOM PRICE of Georgia, By Mr. FINCHER (for himself, Mr. Committee on Ways and Means. Mr. HOLDING, Mrs. WAGNER, and Mr. ROTHFUS): STIVERS, Mr. TIBERI, Mr. ROE of Ten- By Mr. GALLEGO (for himself, Ms. H.R. 3014. A bill to amend the Controlled nessee, Mr. FOSTER, Mr. ISRAEL, Mr. LEE, Ms. NORTON, Mr. VAN HOLLEN, Substances Act to authorize physicians, pur- ROYCE, and Mrs. BLACKBURN): Mr. CUMMINGS, Mr. WALZ, Mrs. suant to an agreement with the Attorney H.R. 2998. A bill to reform uniformity and BEATTY, Mr. CARTWRIGHT, Mr. General, to transport controlled substances reciprocity among States that license insur- SERRANO, Ms. SCHAKOWSKY, and Mr. from a practice setting to another practice ance claims adjusters and to facilitate CLAY): setting or to a disaster area; to the Com- prompt and efficient adjusting of insurance H.R. 3007. A bill to amend title 38, United mittee on Energy and Commerce, and in ad- claims, and for other purposes; to the Com- States Code, to prohibit the display of the dition to the Committee on the Judiciary, Confederate battle flag in national ceme- mittee on Financial Services. for a period to be subsequently determined teries; to the Committee on Veterans’ Af- By Mr. TAKANO: by the Speaker, in each case for consider- H.R. 2999. A bill to amend title 38, United fairs. ation of such provisions as fall within the ju- States Code, to improve the authority of the By Mr. HONDA (for himself and Mr. risdiction of the committee concerned. OLE): Secretary of Veterans Affairs to suspend and C By Mrs. WAGNER (for herself, Mr. remove employees of the Department of Vet- H.R. 3008. A bill to authorize the Secretary GUTHRIE, Mr. BARR, Mr. MCKINLEY, erans Affairs for performance or misconduct of Education to award grants to promote Mr. GRAVES of Missouri, Mrs. that is a threat to public health or safety; to civic learning and engagement, and for other HARTZLER, Mr. LONG, and Mr. ROGERS purposes; to the Committee on Education the Committee on Veterans’ Affairs. of Kentucky): By Mr. CARTWRIGHT (for himself, Mr. and the Workforce. H.R. 3015. A bill to require the Adminis- CUMMINGS, and Mr. HANNA): By Mr. HUNTER (for himself, Mr. trator of the Environmental Protection H.R. 3000. A bill to require the Adminis- SALMON, Mr. FRANKS of Arizona, Mr. Agency to primarily consider, and to sepa- trator for General Services to obtain an BUCK, Mr. GROTHMAN, Mr. MICA, Mr. rately report, the domestic benefits of any antivirus product to make available to Fed- LAMALFA, Mr. DUNCAN of South Caro- rule that addresses emissions of carbon diox- eral agencies in order to provide the product lina, Mr. COLLINS of Georgia, Mr. ide from any existing source, new source, to individuals whose personally identifiable BABIN, Mr. CALVERT, Mr. BENISHEK, modified source, or reconstructed source information may have been compromised; to Mr. JONES, Mr. WOODALL, Mr. GOSAR, that is an electric utility generating unit, in the Committee on Oversight and Govern- Mr. YOHO, and Mr. WEBER of Texas): any such rule, and in the regulatory impact ment Reform. H.R. 3009. A bill to amend section 241(i) of analysis for such rule, and for other pur- By Mr. WELCH (for himself, Mr. GIB- the Immigration and Nationality Act to poses; to the Committee on Energy and Com- SON, and Mr. CARTWRIGHT): deny assistance under such section to a merce. H.R. 3001. A bill to authorizing certain State or political subdivision of a State that By Mr. WENSTRUP (for himself, Mr. long-term contracts for Federal purchases of prohibits its officials from taking certain ac- BENISHEK, Mr. ROE of Tennessee, Mr. energy; to the Committee on Energy and tions with respect to immigration; to the ABRAHAM, Mr. RUIZ, and Ms. Commerce, and in addition to the Committee Committee on the Judiciary. BROWNLEY of California): on Oversight and Government Reform, for a By Mr. REICHERT: H.R. 3016. A bill to amend title 38, United period to be subsequently determined by the H.R. 3010. A bill to prohibit assistance pro- States Code, to clarify the role of podiatrists Speaker, in each case for consideration of vided under the program of block grants to in the Department of Veterans Affairs; to such provisions as fall within the jurisdic- States for temporary assistance for needy the Committee on Veterans’ Affairs. tion of the committee concerned. families from being accessed through the use By Mr. WILLIAMS: By Mr. BARLETTA: of an electronic benefit transfer card at any H.R. 3017. A bill to amend the Internal Rev- H.R. 3002. A bill to prohibit the receipt of store that offers marijuana for sale; to the enue Code of 1986 to make the maximum cap- Federal financial assistance by sanctuary Committee on Ways and Means. ital gains rate for individuals 15 percent; to cities, and for other purposes; to the Com- By Mr. SALMON (for himself, Mr. SES- the Committee on Ways and Means. mittee on the Judiciary, and in addition to SIONS, Mr. WEBER of Texas, Mr. By Mr. SMITH of New Jersey (for him- the Committee on Oversight and Govern- ZINKE, Mr. FRANKS of Arizona, Mr. self, Mr. DEUTCH, Mrs. LOWEY, Mr.

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ENGEL, Ms. ROS-LEHTINEN, Ms. By Mr. DOLD: Article I, Section 8, Clause 3 GRANGER, Mr. ISRAEL, and Mr. ROS- H.R. 2990. By Mr. TAKANO: KAM): Congress has the power to enact this legis- H.R. 2999. H. Res. 354. A resolution expressing the lation pursuant to the following: Congress has the power to enact this legis- sense of the House of Representatives regard- Article I, Section 8, Clause 1 of the United lation pursuant to the following: ing the safety and security of Jewish com- States Constitution, to ‘‘provide for the com- The Constitutional authority on which munities in Europe; to the Committee on mon Defence and general Welfare of the this bill rests is the power of Congress to Foreign Affairs. United States make rules for the government and regula- By Ms. PELOSI: By Mr. RENACCI: tion of the land and naval forces, as enumer- H. Res. 355. A resolution raising a question H.R. 2991. ated in Article I, Section 8, Clause 14 of the of the privileges of the House; to the Com- Congress has the power to enact this legis- United States Constitution. mittee on House Administration. lation pursuant to the following: By Mr. CARTWRIGHT: By Mr. RYAN of Ohio (for himself and Article I, Section 8, Clause 1 of the United H.R. 3000. Mr. JOYCE): States Constitution, to ‘‘provide for the com- Congress has the power to enact this legis- H. Res. 356. A resolution expressing support mon Defence and general Welfare of the lation pursuant to the following: for designation of May 30 as ‘‘National United States.’’ Article 1, Section 8, Clause 18 of the Con- Bartter Syndrome Day’’; to the Committee By Mrs. BROOKS of Indiana: stitution which states ‘‘Congress shall have on Oversight and Government Reform. H.R. 2992. the power ‘‘to make all laws which shall be Congress has the power to enact this legis- necessary and proper for carrying into execu- f lation pursuant to the following: tion the foregoing powers, and all other pow- MEMORIALS Article I, Section 8, Clause 18, to make all ers vested by this Constitution in the gov- laws which shall be necessary and proper for ernment of the United States, or in any de- Under clause 3 of rule XII, memorials carrying into execution the foregoing pow- partment or officer thereof’’ were presented and referred as follows: ers. By Mr. WELCH: 71. The SPEAKER presented a memorial of By Ms. MATSUI: H.R. 3001. the Senate of the State of Illinois, relative H.R. 2993. Congress has the power to enact this legis- to Senate Resolution No. 618, urging Con- Congress has the power to enact this legislation pursuant to the following: gress to reauthorize the Older Americans Act lation pursuant to the following: Article 1, Section 8, Clause 18: The Con- of 1965 without delay and with adequate Article 1, Section 8, Clause 3 gress shall have Power To . . . make all funding to reflect the growing populations of By Mr. THOMPSON of California: Laws which shall be necessary and proper for Americans who benefit from the Act’s pro- H.R. 2994. carrying into Execution the foregoing Pow- grams and services; to the Committee on Congress has the power to enact this legis- ers, and all other Powers vested by this Con- Education and the Workforce. lation pursuant to the following: stitution in the Government of the United 72. Also, a memorial of the Legislature of ARTICLE I, SECTION 8, CLAUSE 6 States, or in any Department or Officer the State of Louisiana, relative to Senate The Congress shall have Power . . . to thereof. Concurrent Resolution No. 94, urging the make all Laws which shall be necessary and By Mr. BARLETTA: Congress of the United States to eliminate proper for carrying into Execution the fore- H.R. 3002. the current ban on crude oil exports; to the going Powers, and all other Powers vested by Congress has the power to enact this legis- Committee on Foreign Affairs. this Constitution in the Government of the lation pursuant to the following: 73. Also, a memorial of the Legislature of United States, or in any Department or Offi- Article I, Section 8, Clause 4 of the U.S. the State of Louisiana, relative to House cer thereof Constitution Concurrent Resolution No. 207, urging the By Mr. CRENSHAW: By Mrs. BUSTOS: United States Congress to take such actions H.R. 2995. H.R. 3003. as are necessary to regulate airline baggage Congress has the power to enact this legis- Congress has the power to enact this legis- fees and processes for consumers as it relates lation pursuant to the following: lation pursuant to the following: to transportation of passenger luggage and The principal constitutional authority for This bill is enacted pursuant to the power passenger delays resulting from lost, dam- this legislation is clause 7 of section 9 of ar- granted to Congress under Article I, Section aged, or delayed luggage; to the Committee ticle I of the Constitution of the United 8, Clause 18 of the United States Constitu- on Transportation and Infrastructure. States (the appropriation power), which tion. 74. Also, a memorial of the Senate of the states: ‘‘No Money shall be drawn from the By Mr. CLYBURN: State of Hawaii, relative to Senate Resolu- Treasury, but in Consequence of Appropria- H.R. 3004. tion No. 44, urging Congress and the Presi- tions made by Law . . . .’’ In addition, clause Congress has the power to enact this legis- dent of the United States to support the pas- 1 of section 8 of article I of the Constitution lation pursuant to the following: sage of legislation to expedite family reunifi- (the spending power) provides: ‘‘The Con- Article I, Section 8 of the United States cation for certain Filipino veterans of World gress shall have the Power . . . to pay the Constitution. War II; to the Committee on Veterans’ Af- Debts and provide for the common Defence By Mr. DANNY K. DAVIS of Illinois: fairs. and general Welfare of the United States H.R. 3005. 75. Also, a memorial of the House of Rep- . . . .’’ Together, these specific constitu- Congress has the power to enact this legis- resentatives of the State of Louisiana, rel- tional provisions establish the congressional lation pursuant to the following: ative to House Resolution No. 102, urging the power of the purse, granting Congress the Article I of the Constitution and its subse- United States Congress to take such actions authority to appropriate funds, to determine quent amendments and further clarified and as are necessary to designate Grambling their purpose, amount, and period of avail- interpreted by the Supreme Court of the State University as an 1890 land-grant insti- ability, and to set forth terms and conditions United States tution; jointly to the Committees on Agri- governing their use. By Mr. FLEMING: culture and Education and the Workforce. By Mr. HARDY: H.R. 3006. H.R. 2996. Congress has the power to enact this legis- 76. Also, a memorial of the Legislature of Congress has the power to enact this legislation pursuant to the following: the State of Louisiana, relative to House lation pursuant to the following: Pursuant to Article I, Section 8, Clause I, Concurrent Resolution No. 87, urging the Article I, Section 8 of the United States Congress has the ability to lay and collect Congress to take such actions as are nec- Constitution, specifically Clause 1 (relating taxes and to provide for the general welfare essary to amend the employer shared respon- to providing for the common defense and of the United States, and Amendment XVI. sibility provisions of the Patient Protection general welfare of the United States) and By Mr. GALLEGO: and Affordable Care Act to eliminate pen- Clause 18 (relating to the power to make all H.R. 3007. alties on school districts; jointly to the Com- laws necessary and proper for carrying out Congress has the power to enact this legis- mittees on Energy and Commerce and Ways the powers vested in Congress) and Article I, lation pursuant to the following: and Means. Section 10, Clause 3 (relating to interstate Article I, Section 8, Clause 18 f compacts). By Mr. HONDA: H.R. 3008. CONSTITUTIONAL AUTHORITY By Mr. ROSS: H.R. 2997. Congress has the power to enact this legis- STATEMENT Congress has the power to enact this legislation pursuant to the following: Pursuant to clause 7 of rule Xll of the lation pursuant to the following: section 8 of article I of the Constitution Rules of the House of Representatives, Welfare Clause (Article 1, Section 8, Clause By Mr. HUNTER: the following statements are submitted 1); Commerce Clause (Article 1, Section 8, H.R. 3009. Clause 3) Congress has the power to enact this legis- regarding the specific powers granted By Mr. FINCHER: lation pursuant to the following: to Congress in the Constitution to H.R. 2998. Article I, Section 8, Clause 18 enact the accompanying bill or joint Congress has the power to enact this legis- By Mr. REICHERT: resolution. lation pursuant to the following: H.R. 3010.

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Congress has the power to enact this legis- H.R. 226: Mr. VEASEY and Mr. LOWENTHAL. H.R. 1453: Mr. RIBBLE. lation pursuant to the following: H.R. 303: Mr. SCHRADER, Mrs. NAPOLITANO, H.R. 1475: Mr. VALADAO and Mr. PETERSON. ‘‘The constitutional authority of Congress Mr. WILSON of South Carolina, Mr. KILDEE, H.R. 1490: Mr. COHEN. to enact this legislation is provided by Arti- Mr. BOUSTANY, Mr. BISHOP of Utah, and Mr. H.R. 1516: Mr. ROTHFUS and Mr. WOODALL. cle I, section 8 of the United States Constitu- COHEN. H.R. 1552: Mr. DESAULNIER. tion, specifically clause 1 (relating to pro- H.R. 307: Mr. COHEN. H.R. 1553: Mr. ROTHFUS. viding for the general welfare of the United H.R. 343: Mr. PETERSON. H.R. 1584: Mr. FORBES. States) and clause 18 (relating to the power H.R. 379: Mr. RODNEY DAVIS of Illinois and H.R. 1603: Mrs. WAGNER, Mrs. WALORSKI, to make all laws necessary and proper for Mr. MCDERMOTT. and Mrs. MIMI WALTERS of California. carrying out the powers vested in Congress), H.R. 427: Mr. EMMER of Minnesota. H.R. 1608: Mr. DESANTIS, Ms. JENKINS of and Article IV, section 3, clause 2 (relating H.R. 452: Mr. SALMON. Kansas, Mr. BLUM, Mr. SCOTT of Virginia, to the power of Congress to dispose of and H.R. 465: Mr. RODNEY DAVIS of Illinois. Mr. VEASEY, Mr. GRAVES of Louisiana, and make all needful rules and regulations re- H.R. 482: Mr. COLE. Mr. GROTHMAN. H.R. 1610: Mr. LABRADOR, Miss RICE of New specting the territory or other property be- H.R. 539: Mr. VEASEY and Ms. MATSUI. York, Mr. SALMON, Ms. STEFANIK, Mrs. WAG- longing to the United States).’’ H.R. 551: Mrs. LAWRENCE, Mr. TED LIEU of NER, and Mr. KATKO. By Mr. SALMON: California, Mr. HECK of Washington, and Mr. H.R. 1625: Mr. PETERS. H.R. 3011. BLUMENAUER. H.R. 1671: Mr. POE of Texas. Congress has the power to enact this legis- H.R. 563: Mr. BRIDENSTINE, Ms. KUSTER, and H.R. 1677: Mr. YOUNG of Iowa. lation pursuant to the following: Mr. CARTWRIGHT. H.R. 642: Mr. BARR. H.R. 1714: Mr. LANCE. Article 1, Section 8, Clause 4—‘‘To estab- H.R. 662: Mr. GIBSON. H.R. 1726: Mr. BURGESS. lish an uniform Rule of Naturalization, and H.R. 692: Mr. MCKINLEY, Mr. HULTGREN, H.R. 1728: Mr. LYNCH. uniform Laws on the subject of Bankruptcies Mr. DESJARLAIS, and Mr. LABRADOR. H.R. 1736: Mr. ROKITA, Ms. KAPTUR, and Mr. throughout the United States’’ H.R. 699: Mr. GRIFFITH. CARSON of Indiana. By Mr. SALMON: H.R. 702: Mr. DAVID SCOTT of Georgia, Mr. H.R. 1737: Mr. ROTHFUS and Mrs. WAGNER. H.R. 3012. JOHNSON of Ohio, Mr. MCHENRY, Mr. RYAN of H.R. 1748: Mr. DENHAM, Ms. FRANKEL of Congress has the power to enact this legis- Ohio, Mr. YOHO, Mr. POSEY, Mr. COOK, Mr. Florida, and Mr. MURPHY of Florida. lation pursuant to the following: KNIGHT, Mr. DENHAM, Mr. ROHRABACHER, Mr. H.R. 1752: Mr. FINCHER and Mr. YOUNG of Article 1, Section 8, Clause 18—‘‘To make ALLEN, Mr. NUGENT, Mr. AMODEI, and Mr. Indiana. all Laws which shall be necessary and proper H.R. 1784: Mr. RIBBLE. ROSS. H.R. 1786: Mr. KIND, Ms. EDWARDS, Mr. for carrying into Execution the foregoing H.R. 757: Mr. HASTINGS. VEASEY, and Mr. MARINO. Powers, and all other Powers vested by this H.R. 765: Mr. MCKINLEY, Mr. CULBERSON, H.R. 1801: Ms. KAPTUR. Constitution in the Government of the Mr. FITZPATRICK, and Mr. REED. H.R. 1817: Ms. JENKINS of Kansas. United States, or in any Department or Offi- H.R. 789: Mr. POSEY. H.R. 1836: Mr. GOWDY. cer thereof. H.R. 814: Mr. THOMPSON of Pennsylvania. H.R. 1854: Mrs. MILLER of Michigan. By Mr. SENSENBRENNER: H.R. 836: Mr. DAVID SCOTT of Georgia, Ms. H.R. 1887: Mr. KING of New York. H.R. 3013. JENKINS of Kansas, Mr. DOLD, Mr. ROONEY of H.R. 1953: Mr. WITTMAN. Congress has the power to enact this legis- Florida, Mr. WALDEN, and Mr. THORNBERRY. H.R. 1988: Mr. CICILLINE. lation pursuant to the following: H.R. 879: Mr. HILL. H.R. 1994: Mr. WALBERG, Mrs. LUMMIS, and Article I, Section 8, Clause I H.R. 911: Mr. VALADAO. Mr. WEBSTER of Florida. By Mr. SESSIONS: H.R. 913: Ms. EDWARDS. H.R. 1995: Mr. SMITH of Texas. H.R. 3014. H.R. 918: Mr. HARRIS. H.R. 2017: Mr. SHIMKUS. Congress has the power to enact this legis- H.R. 953: Mr. NOLAN. H.R. 2026: Ms. SLAUGHTER and Mr. ADER- lation pursuant to the following: H.R. 957: Mr. ROTHFUS. HOLT. Article I, Section 8, Clause 3. To regulate H.R. 969: Mr. LYNCH and Mr. TAKAI. H.R. 2043: Mr. GRIFFITH, Ms. EDDIE BERNICE Commerce with foreign Nations, and among H.R. 980: Mr. WITTMAN. JOHNSON of Texas, Mr. ABRAHAM, Mr. KIL- the several States, and with the Indian H.R. 985: Mr. KATKO, Mr. ROGERS of Ken- MER, Mr. LOBIONDO, and Mr. GIBSON. Tribes tucky, and Ms. EDDIE BERNICE JOHNSON of H.R. 2058: Mr. BARLETTA, Mr. SHIMKUS, and By Mrs. WAGNER: Texas. Mr. FLORES. H.R. 1000: Mr. RANGEL and Ms. EDDIE BER- H.R. 3015. H.R. 2061: Mr. CONYERS and Mr. SESSIONS. NICE JOHNSON of Texas. Congress has the power to enact this legis- H.R. 2096: Ms. JENKINS of Kansas. H.R. 1027: Mr. FARR. lation pursuant to the following: H.R. 2102: Mr. RANGEL, Ms. MCCOLLUM, H.R. 1062: Mr. ROTHFUS. Article I, Section 8, Clause 3 Mrs. KIRKPATRICK, and Mr. NOLAN. H.R. 1130: Mr. CUMMINGS. The Congress shall have Power *** To regu- H.R. 2121: Mr. ROSS and Mr. DELANEY. H.R. 1150: Mr. GUINTA, Mr. HUNTER, Mr. late Commerce with foreign Nations, and H.R. 2140: Mr. TROTT. LOWENTHAL, Mr. OLSON, and Mr. COLLINS of among the several States, and with the In- H.R. 2241: Mr. MEEKS and Mr. CRENSHAW. dian Tribes. New York. H.R. 2281: Mr. CHAFFETZ. By Mr. WENSTRUP: H.R. 1171: Mr. PETERSON and Mrs. BUSTOS. H.R. 2287: Mr. ROTHFUS. H.R. 3016. H.R. 1174: Ms. KELLY of Illinois. H.R. 2291: Ms. ESTY, Mr. SMITH of Wash- Congress has the power to enact this legis- H.R. 1185: Mr. COHEN. ington, and Mr. CARTWRIGHT. lation pursuant to the following: H.R. 1192: Mr. VEASEY, Mr. COSTELLO of H.R. 2315: Mr. LOBIONDO, Mr. SESSIONS, Mr. Article 1, Section 8 of the United States Pennsylvania, and Mrs. WATSON COLEMAN. PETERSON, and Mr. BLUM. Constitution H.R. 1220: Mrs. BLACKBURN, Mr. BUCSHON, H.R. 2342: Mr. NOLAN and Ms. MCSALLY. By Mr. WILLIAMS: Mr. BEYER, Mr. O’ROURKE, Mr. MCCAUL, Mr. H.R. 2380: Mr. COHEN and Ms. EDWARDS. H.R. 3017. KIND, Mr. COSTELLO of Pennsylvania, Mr. H.R. 2382: Mr. ROTHFUS. Congress has the power to enact this legis- ABRAHAM, and Ms. KELLY of Illinois. H.R. 2400: Mr. BOST, Mr. CHABOT, and Mr. lation pursuant to the following: H.R. 1222: Mr. CRAMER. SENSENBRENNER. The Congress shall have Power to lay and H.R. 1270: Mr. HECK of Nevada. H.R. 2403: Mr. THOMPSON of Mississippi and collect Taxes, Duties, Imposts and Excises, H.R. 1284: Ms. KUSTER. Mr. GIBSON. H.R. 1288: Mr. PALLONE and Mr. BISHOP of to pay the Debts and provide for the common H.R. 2404: Mr. DESAULNIER and Mrs. WAT- Georgia. Defence and general Welfare of the United SON COLEMAN. H.R. 1299: Mr. FLORES. States; but all Duties, Imposts and Excises H.R. 2405: Mr. NUNES. H.R. 1301: Miss RICE of New York and Mr. shall be uniform throughout the United H.R. 2406: Mr. MCCLINTOCK. PETERSon. States. H.R. 2410: Mr. SWALWELL of California, Mr. H.R. 1312: Mrs. BUSTOS and Mr. VALADAO. MCDERMOTT, and Mr. CA´ RDENAS. f H.R. 1323: Mr. RODNEY DAVIS of Illinois. H.R. 2434: Mr. RUSSELL. H.R. 1356: Mr. DESAULNIER, Mr. WILSON of H.R. 2442: Mr. LANGEVIN. ADDITIONAL SPONSORS South Carolina, Mr. BISHOP of Utah, and Mr. H.R. 2490: Mr. ROTHFUS. Under clause 7 of rule XII, sponsors JOLLY. H.R. 2493: Ms. MATSUI, Ms. ADAMS, and Mr. were added to public bills and resolu- H.R. 1369: Mrs. MILLER of Michigan. JOLLY. H.R. 1375: Mr. HASTINGS. tions, as follows: H.R. 2494: Mr. RUSSELL and Mr. BEYER. H.R. 1384: Mr. JOLLY. H.R. 2502: Mr. BOUSTANY. H.R. 167: Mrs. LOWEY. H.R. 1388: Mr. ROTHFUS and Mr. WOODALL. H.R. 2540: Mr. COLLINS of New York. H.R. 169: Mr. CRAWFORD. H.R. 1399: Mr. VALADAO and Ms. ROS- H.R. 2563: Mr. TAKANO. H.R. 213: Mr. GROTHMAN. LEHTINEN. H.R. 2602: Mr. GRIJALVA. H.R. 223: Mr. ISRAEL. H.R. 1427: Mr. ROTHFUS, Ms. TITUS, Mr. H.R. 2663: Mr. COSTA and Ms. LEE. H.R. 224: Mr. LOWENTHAL and Mrs. CAPPS. LARSEN of Washington, and Mr. NOLAN. H.R. 2669: Mr. JOHNSON of Ohio, Mr. OLSON, H.R. 225: Mr. FARR, Ms. SLAUGHTER, and H.R. 1434: Mr. PAYNE and Mr. RUPPERS- and Mr. SEAN PATRICK MALONEY of New Mr. LOWENTHAL. BERGER. York.

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H.R. 2698: Mr. WILLIAMS. H.R. 2849: Mr. DEFAZIO. H.R. 2944: Mr. RIBBLE, Mr. VAN HOLLEN, H.R. 2713: Mr. FARR, Ms. BORDALLO, and H.R. 2858: Mr. BLUMENAUER and Mr. Mr. DUNCAN of Tennessee, and Mr. PIERLUISI. Ms. BROWN of Florida. FITZPATRICK. H.R. 2972: Ms. HAHN, Mr. HUFFMAN, and Mr. H.R. 2716: Mr. JONES, Mr. AUSTIN SCOTT of H.R. 2887: Ms. WILSON of Florida, Mrs. LEWIS. Georgia, Mr. MARCHANT, Mr. MCCAUL, Mr. TORRES, and Mr. PETERS. H.R. 2976: Mr. SWALWELL of California. HARRIS, and Mr. PALMER. H.R. 2896: Mr. FARENTHOLD. H.R. 2980: Mr. CARNEY and Mr. DOLD. H.R. 2726: Mr. BRIDENSTINE, Mrs. WAGNER, H.R. 2898: Mr. GOSAR. Mr. THOMPSON of California, and Mr. WEB- H.R. 2901: Mr. JOLLY. H.J. Res. 22: Mr. SERRANO and Ms. CLARKE STER of Florida. H.R. 2903: Mr. COLLINS of Georgia, Mr. of New York. H.R. 2739: Mr. WITTMAN and Mr. TONKO. BOST, Mr. ZINKE, Mr. GUINTA, Mr. VARGAS, H. Con. Res. 19: Mr. PETERSON. H.R. 2742: Mr. PETERSON. and Mr. AMODEI. H. Con. Res. 40: Mr. HONDA, Mr. ROSKAM, H.R. 2752: Mr. PETERSON. H.R. 2910: Mr. GOHMERT. and Mr. MEEKS. H.R. 2767: Mr. TED LIEU of California. H.R. 2920: Mr. SMITH of Washington. H. Res. 56: Mr. VISCLOSKY. H.R. 2775: Mr. HARDY. H.R. 2937: Mr. BILIRAKIS, Mr. HUDSON, and H. Res. 207: Mr. HECK of Nevada, Mr. H.R. 2800: Mr. BISHOP of Michigan, Mrs. Mr. LANCE. ZELDIN, Mr. CA´ RDENAS, and Miss RICE of New HARTZLER, Mrs. WALORSKI, and Mrs. BLACK- H.R. 2939: Mr. VEASEY. York. BURN. H.R. 2940: Mr. DENHAM and Mr. KIND. H.R. 2802: Mr. BARR, Mrs. LUMMIS, Mr. H.R. 2942: Mr. LAMBORN, Mr. BABIN, Mr. H. Res. 294: Ms. ROYBAL-ALLARD. MULVANEY, Mr. RIBBLE, Mr. HULTGREN, Mr. CLAWSON of Florida, Mr. RIBBLE, Mr. GIBBS, H. Res. 324: Mr. SHERMAN. CONAWAY, Mr. HOLDING, Mr. SCHWEIKERT, and Mr. LAMALFA, Mr. JOLLY, Mr. PALMER, Mr. H. Res. 348: Mr. LEVIN and Mr. COSTELLO of Mr. HARDY. BENISHEK, Mr. BLUM, and Mr. JONES. Pennsylvania.

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Vol. 161 WASHINGTON, THURSDAY, JULY 9, 2015 No. 106 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, So this additional flexibility has called to order by the Honorable MITCH PRESIDENT PRO TEMPORE, been good for Kentucky but only to a MCCONNELL, a Senator from the Com- Washington, DC, July 9, 2015. point, because the White House began To the Senate: monwealth of Kentucky. Under the provisions of rule I, paragraph 3, to tack on more and more require- f of the Standing Rules of the Senate, I hereby ments as a condition of continued re- appoint the Honorable MITCH MCCONNELL, a lief from the original law’s mandates, PRAYER Senator from the Commonwealth of Ken- leaving many States in an untenable The Chaplain, Dr. Barry C. Black, of- tucky, to perform the duties of the Chair. situation. This is how the White House fered the following prayer: ORRIN G. HATCH, was able to impose Common Core in Let us pray. President pro tempore. many places that didn’t necessarily Eternal Spirit, keep us from being a Mr. MCCONNELL thereupon assumed want it. In a sense, the flexibility one nation that forgets You. Remind us the Chair as Acting President pro tem- hand gave, the other has continually that righteousness exalts any nation, pore. taken away. but that sin deprives, degrades, and de- f It is clear that temporary relief, strapped with other Federal mandates, stroys, providing reproach to any peo- RECOGNITION OF THE MAJORITY is not a workable choice for States. ple. LEADER Arise, O God. Lift Your hands and This is why we need congressional ac- The PRESIDING OFFICER (Mr. lead our lawmakers to accomplish tion to replace the broken husks that ALEXANDER). The majority leader is Your purposes. Use them to break the remain of No Child Left Behind with recognized. stranglehold of wickedness, providing reforms that build on the good ideas in deliverance for captives and freedom f the original law while doing away with for the oppressed. In You, O God, we EVERY CHILD ACHIEVES ACT the bad ones. find refuge. May we not be brought to That is what the bipartisan Every Mr. MCCONNELL. Mr. President, No Child Achieves Act before us would, in shame, for You can make even our en- Child Left Behind laid the groundwork emies be at peace with us. Continue to fact, achieve. It would grow the kind of for important reforms to our education flexibility we have seen work so well in guide us, strong Deliverer, for we are system. But with its authorization ex- States such as Kentucky, and it would pilgrims in this land. We are weak, but piring in 2007, and with the previous stop Federal bureaucrats from impos- You are mighty. Guide us with Your Senate majority failing to replace it ing the kind of top-down, one-size-fits- powerful hands. with a serious proposal, many of the all requirements that we all know Lord, we praise You for the courage original requirements stayed in place threaten that progress. of the South Carolina Legislature. anyway and gradually became unwork- We pray in Your sovereign Name. Kentucky has already seen success able. with the limited and conditional flexi- Amen. This resulted in a lot of States get- bility granted to it so far. So just ting tangled up in endless bureaucracy, f imagine what States such as Kentucky reducing their ability to focus on could achieve when fully empowered to PLEDGE OF ALLEGIANCE boosting achievement and school per- do what is right for their students. The Presiding Officer led the Pledge formance. That was certainly true in This is how Kentucky education com- of Allegiance, as follows: the Commonwealth I represent. Ken- tucky was actually the first State to missioner Terry Holliday put it in a I pledge allegiance to the Flag of the letter he sent in support of this bill: United States of America, and to the Repub- petition for some freedom from the lic for which it stands, one nation under God, law’s requirements, and with that addi- I can attest based on our experience that indivisible, with liberty and justice for all. tional flexibility came better results. the waiver process is onerous and allows too many opportunities for federal intrusion into f Kentucky improved its graduation state responsibility for education. The long- rate, climbing into the top 10 among term health of public education in the APPOINTMENT OF ACTING all States. Kentucky increased the PRESIDENT PRO TEMPORE United States requires reauthorization and number of students who met statewide an end to the use of the waiver as a patch on The PRESIDING OFFICER. The standards. Kentucky raised the per- an otherwise impractical system of require- clerk will please read a communication centage of students entering postsec- ments. to the Senate from the President pro ondary education programs, increasing He is, of course, just right, and we tempore (Mr. HATCH). that number from about half to more have never been closer to achieving the The legislative clerk read the fol- than 68 percent in just a few years’ kind of outcome our kids deserve. lowing letter: time. Many thought Washington could never

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

S4901

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.000 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4902 CONGRESSIONAL RECORD — SENATE July 9, 2015 solve this issue, but the bill before us tion—completely jerry-rigged. It is ob- REPUBLICAN FILIBUSTERS was supported unanimously by Repub- vious to see why things should change Mr. REID. Mr. President, first, I wish licans and Democrats in committee. if Burma is to pursue a path of a more to take just a moment to praise the Members of both parties are having a representative government. good work being done by the chairman chance now to offer and vote on amend- Allowing appropriate constitutional and the ranking member of the HELP ments to the bill too. We had several fixes to pass through the Parliament Committee. The senior Senator from amendment votes yesterday. I expect would have said some very positive Tennessee and the senior Senator from more today. If our colleagues from ei- things about the Burmese Govern- Washington have done a remarkably ther side of the aisle have more ideas ment’s commitment to political re- good job to bring this reauthorization to offer, I would ask them to work with form. But when the measures were put to the floor. Senator ALEXANDER and Senator MUR- to a vote on June 25, the government’s Elementary and secondary education RAY to get them moving. allies exercised the very undemocratic is so important, and we are not living This is what a Senate that is back to power the Constitution grants them to up to the standards that we should work looks like. With continued bipar- stymie the reform. have. It is important to remember that tisan cooperation, this is a Senate that This stands in stark contrast to the all of this could have been done a long can prove the pundits wrong again by support for reform among elected Bur- time ago. passing another important measure to mese lawmakers, which is likely higher On the floor I mentioned yesterday help our country and our kids. than 80 percent. So among the people that Senator Harkin—who I said was a Remember, the House of Representa- elected by the people, 80 percent favor legendary Senator who served here for tives already passed its own No Child the reform, and the 25 percent inserted six terms, plus a number of terms in Left Behind replacement just last into the process by the military guar- the House of Representatives—for quite night, as it has done repeatedly in anteed that no reform occurred. So some time was chairman of the HELP years past. Now is the time for the even if the actual conduct of the elec- Committee, and when he wasn’t chair- Senate to finally get its act together tion proves to be free and fair, it risks man, he served under the guidance and after 7 years of missed deadlines on being something other than, certainly, leadership of Senator Kennedy. this issue. A new Senate majority be- the will of the people. Yesterday I said that the Republican lieves that the time for action and bi- When the most popular figure in the leader came to the floor and was boast- partisan reform should be now, and country is precluded from being a can- ing: Oh, we are getting this bill done. It with continued cooperation from our didate for the highest office in the is so great that things are working so friends across the aisle, it will be. land, and when approximately 80 per- well in the Senate. f cent of the people’s chosen representa- I mentioned at that time—yesterday—that Senator Harkin tried to BURMA tives are stymied by lawmakers who are not democratically elected, it bring the bill to the floor. He sent me Mr. MCCONNELL. Mr. President, on raises fundamental questions about the an email last night, and he said that he an entirely different matter, a few balloting that is coming up this fall on two separate occasions—2011 and weeks ago I came to the floor to dis- and about the Burmese Government’s 2013—got a bill out of the committee. cuss the importance of Burma’s elec- commitment to democracy. In fact, at But what happened? It was blocked tion this fall. I noted that its conduct this point it is unclear if the opposition coming to the floor by the Repub- would tell us a lot about the Burmese NLD Party will even participate in this licans—the same group of people who Government’s commitment to the path fall’s election. are now boasting that things are work- of political reform. I said that dem- We knew that legal, economic, polit- ing so well here. onstrating that commitment would be ical, and constitutional development Well, Mr. President, I think it is a critical to reassuring Burma’s friends and reform would evolve in that coun- shame that people come here to the abroad and that it could even have con- try through fits and starts. This is only floor and boast about the fact they sequences for further normalization of realistic, given the baseline from which have spent the last few Congresses try- relations with the United States, at Burma was starting when Congress ing to ruin Congress and the country. least as it concerns the legislative agreed to lift some of the sanctions. And they have done a pretty good job branch. Those of us who have followed Burma of it. So I urged Burmese officials to take for a long time also know that, given We are happy to be on this bill. And every step to ensure an election that its history, the military fears change, there is no motion to proceed, such as would be as free and fair as possible. ethnic unrest, and the uncertainty that I had to do on virtually every bill we Yet on June 25, the Burmese Govern- a more democratic government might brought to the floor. But let’s under- ment took a step backward from the bring. That is well acknowledged, but stand that historically. My friend the path to more representative govern- improving relations with the United Republican leader is living in a dream ment. States meant both sides would have to world. In fact, it is fast becoming a Let me explain. There is little doubt take some risks. This was a moment theme of this 114th Congress—bringing that Burma’s Constitution contains for the military to take another impor- up legislation that Republicans have numerous flaws that need to be revised tant step on its end, and it was a blocked in the past. Senator STABENOW if the government is to be truly rep- missed opportunity. from Michigan calls it the filibuster resentative. In light of the recent defeat of con- makeup. First, it unreasonably restricts who stitutional reform, I believe that steps Look at the accomplishments about can be a candidate for President—a not such as including Burma in the Gener- which my friend the Republican leader so subtle attempt to bar the country’s alized System of Preferences Program brags that he has gotten done this most popular opposition figure from should be put on hold until after this year: ever standing for that office. But then fall’s election. Only after the ballots Terrorism risk insurance. We would it goes even further, ensuring an effec- have been cast and counted in Burma have done that at any time during the tive military veto over constitutional can an appropriate evaluation be made last Congress—at any time—and he change—for instance, amendments about the pace of reform in the country knows it. about who can run for the Presidency— and whether additional normalization The Clay Hunt suicide prevention by requiring more than three-fourths of relations is warranted. bill. That was a bill which was so easy parliamentary support in a legislature to get done. It was blocked. The Repub- where the Constitution also reserves f licans wouldn’t let us move forward on one-fourth of the seats for the mili- it. tary. RECOGNITION OF THE MINORITY Appropriations for the Department of Let me say that again. The Constitu- LEADER Homeland Security. We were prevented tion reserves one-fourth of the seats for The PRESIDING OFFICER (Mr. from doing that. the military and requires a three- HELLER). The Democratic leader is rec- The human trafficking bill. We spent fourths vote to amend the Constitu- ognized. a lot of time on it in this Congress. We

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.001 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4903 would have done that last Congress change by the year 2100, the seas will He promised that last year, and he is easily. We were prevented from doing have increased by 16 feet. The State of a man of his word. He is ruining every so. Florida will basically be half under- one of these appropriations bills with The repeal of Medicare’s sustainable water. these riders, in spite of more asthma, growth rate. We call it SGR. We would Prior to 2100, it is already getting more heart disease, more cancer. have done that at any time, Mr. Presi- bad. Talk to the two Senators from Instead of passing appropriations dent. There are no great shakes here. Virginia. Areas that are military in- bills that keep our government open How did we get it done? It wasn’t paid stallations are now covered with water and funded, the Republican leader is for. Why? Because it was a budget gim- most of the time. Talk to my friend the more interested in making Democrats mick in the first place, during the Bush senior Senator from Florida, and he and Republicans not work together and years. will tell you what is happening in Flor- having the President and Democrats So to hear my friend the Republican ida now. Talk to the Governor of New very uncomfortable. Sadly, this is how leader coming and boasting about all York, and he will tell you what hap- Republicans are governing. This is how this stuff getting done, we could have pened with Sandy, the hurricane. It is they pretend to lead our country. It is done—most of it could have been done going to happen again because we are embarrassing. I believe it is. Look at two Congresses ago. Certainly in the doing nothing to prevent climate the poll numbers to see what is hap- last Congress we should have gotten it change from devastating our country. pening. The Republican leader’s num- done. The Presiding Officer is from the State bers are the lowest they have ever been The extension of the Foreign Intel- of Nevada, as am I. He knows that recorded. ligence Surveillance Act—the PA- bears—not all bears but many bears are It doesn’t have to be this way. With TRIOT Act. We knew it had to be done. not even hibernating in the Sierras the help of a handful of reasonable Re- We tried to get it done last Congress anymore because it is not cold enough. publicans, we can sidestep this sham but couldn’t get it done. We were pre- Talk to one of the Senators from New and pass meaningful legislation that vented from doing so. Hampshire. The moose are being dev- averts another government shutdown. Now it is the same with the elemen- astated. Why? Because the cold weath- The first one was promoted and engi- tary and secondary education bill. I am er is not killing the gnats, the fleas on neered by the Republicans. glad we are on this and glad to com- the moose, and they are dying. About a I said yesterday and I repeat, Mr. plete this other stuff, but let’s not try third of them are dead. President, to show how shameful that to rewrite history, Mr. President. So climate change is not serious? It was, two-thirds of the Republicans in These things could have been done eas- is a serious issue. Of course it is. the House voted to keep the govern- ily had they not been filibustered here Republicans have riders in this bill ment closed. I mentioned yesterday on the Senate floor. Any one of these dealing with clean water. They have how the Republican chairman of the bills would have easily passed in the stuck in language to permanently House Committee on Appropriations, last Congress, but every one of them block implementation of protections Congressman HAL ROGERS—whom peo- was blocked by Republicans. for streams and wetlands that have the ple call the Dean of the Kentucky dele- f greatest impact on our Nation’s water gation—is calling on his party to work quality. with us Democrats on a long-term solu- MANUFACTURED CRISES Ozone pollution is another rider they tion that avoids a government shut- Mr. REID. Mr. President, we hear the slipped in there. They slipped in lan- down. We need Republicans like him phrase ‘‘manufactured crisis’’ used a guage to delay efforts to protect people here in the Senate. lot here lately. Why? The Republican from lung diseases and asthma, among In just a few months, the government leader gives people plenty of reason to other things. will run out of money. It will have no use the term. He has singlehandedly Hazardous waste cleanup—now, this more money on October 1. Unless we turned the entire appropriations proc- is unique. They stuck language in this can reach a bipartisan budget agree- ess into a charade designed to manu- bill affecting Superfund sites. This has ment, our Nation will face another ri- facture yet another crisis. been a great program. It has been a diculous and damaging government Look no further than what Repub- great program because people who dev- shutdown. So I urge my Republican licans are doing in the interior, envi- astate and pollute the land are asked friends—especially Republican leaders ronment appropriations bill. The Re- to pay to clean it up. Republicans have in both Houses—to listen to Chairman publican leader bragged yesterday— stuck language in here to have the tax- ROGERS and those other members of today is Thursday, so on Wednesday— payers clean this up and pay for it. the Committee on Appropriations and that he and his colleagues have ‘‘lined That is stunning to me. work together. Put aside these non- the interior appropriations bill with This is a perfect example of Repub- serious games and get serious about every rider you can think of to push licans manufacturing a crisis. They keeping our government open. It is the back against them.’’ have loaded up a necessary funding only way Congress will avoid another They have filled that legislation with measure with dangerous provisions manufactured crisis the Republican so-called riders. What is a rider? It is that have doomed these bills. Then leader seems so desperately to desire. when Democrats oppose it, the Repub- an extraneous provision that has noth- f ing to do with the purpose of the bill— lican leader will feign outrage and in this instance, a funding bill. So they blame Democrats for its failure, hoping WASHINGTON FOOTBALL TEAM have filled that legislation, the inte- to score some type of political victory. NAME rior appropriations bill, and other bills Republicans know an appropriations Mr. REID. Mr. President, finally, yes- that have nothing to do with funding bill full of riders that roll back envi- terday the U.S. District Court for the the government with things that are ronmental protections will be stopped Eastern District of Virginia affirmed harmful to our country. by us and vetoed by the President. This what Native Americans have been say- For example, in the appropriations scripted performance is the definition ing for decades—the Washington foot- bill dealing with the interior, Repub- of a manufactured crisis. And the Re- ball team name is disparaging. It is licans have included language to per- publican leader said as much last year racist and morally objectionable, and manently dismantle efforts to address in an interview with the Hill newspaper it should be changed now. climate change by blocking Federal en- Politico. Here is what he said: U.S. District Court Judge Gerald forcement of a nationwide policy to re- Obama needs to be challenged, and the best Bruce Lee sustained the Patent and duce carbon pollution from existing way to do that is through the funding proc- Trademark Office’s decision that the powerplants. ess. He would have to make a decision on a Washington football team name should Climate change is very hurtful to our given bill, whether there’s more in it that he not be protected by a Federal trade- likes than dislikes. A good example is adding economy and hurtful to our country. restrictions to regulations from the Environ- mark registration. That is good news. I was at an event at the White House mental Protection Agency. Adding riders to But how did the Redskins respond? two nights ago. The President said that spending bills would change the behavior of Sorry to use that name. I made a mis- if we don’t do something about climate the bureaucracy. take. How did the Washington football

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.003 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4904 CONGRESSIONAL RECORD — SENATE July 9, 2015 team respond? By saying: Well, our engagement funds for financial literacy ac- and improved by our committee and football team is worth a lot of money, tivities. now being improved on the floor—is and as part of that value, the Redskins Toomey amendment No. 2094 (to amend- that while we keep the important ment No. 2089), to protect our children from name is worth some money. convicted pedophiles, child molesters, and measures of the accountability, so we I mean, does Daniel Snyder have other sex offenders infiltrating our schools know what children in South Dakota enough money? I think so, without dis- and from schools ‘‘passing the trash’’—help- and Tennessee and Washington State paraging the group of Indians we have ing pedophiles obtain jobs at other schools. are learning and not learning, so we in Nevada—22 separate tribal entities The PRESIDING OFFICER. The Sen- can tell if anyone is left behind, that in Nevada. They do not like this. Sny- ator from Tennessee. we restore to States the responsibility der tried a couple of things—bought Mr. ALEXANDER. Mr. President, the for figuring out what to do about the them a car and thought they would Democratic leader and the Republican tests. That has broad-scale support. back off and no longer object. They saw leader have created an environment in Superintendents were in town yester- that one coming, and they said: No, which we can succeed on this bill, and day from all over the country; they you keep the car. I am grateful to them for that. I lis- told us that. Governors are calling us; What the judge did yesterday is good tened to their remarks this morning they tell us that. The major teachers news. The Federal Government should about some things that have gone on in organizations in the country tell us we not protect a team or company that the past in the Senate. My late friend do not need, in effect, a national school takes pride in hearing a racial slur Alex Haley, the author of ‘‘Roots,’’ board. Those decisions need to be made every time their name is mentioned. used to say: Find the good and praise by teachers who cherish the children in While the ruling is a step in the right it. And so what I would like to do is their classroom and the parents who direction, this battle is not over. Ulti- thank the majority leader for putting put them there and school board mem- mately, the response will rest with the the bill on the floor. Only he can do bers who care for them and Governors owner, Dan Snyder, a multibillionaire. that and give us a chance to debate it. and legislators who are closer to home. The U.S. Government cannot change I thank the Democratic leader for cre- So this bill isn’t easy to do, but be- his team’s name; only he can. For far ating an environment in which we can cause of that consensus, we are making too long, owner Snyder has tried to have a large number of amendments good progress. hide behind tradition, but yesterday’s and succeed. I will submit following my remarks ruling makes clear that his franchise’s I thank the Senator from Wash- an article from earlier this week from name only fosters a tradition of rac- ington, Mrs. PATTY MURRAY, who sug- Newsweek entitled, ‘‘The Education ism, bigotry, and intolerance. gested the way we proceed today. We Law Everyone Wants to Fix.’’ The I admire so very much the Repub- fell into some partisan differences in House of Representatives said it wants lican Governor of South Carolina. She the last two Congresses that made that to fix it last night. The progress we are has all the conservative credentials impossible, and she has, as much as making suggests the Senate wants to anyone needs, and after that terrible anybody, helped solve that problem. fix it. We know all across the country incident at a church in her State, she We are making good progress. We Governors, legislators, teachers, school said the Confederate flag is going to go. have adopted a number of amendments. superintendents, and parents want to Yesterday, after a long debate, as I un- We voted on some others. Some have end the confusion and anxiety in the derstand it, the South Carolina Legis- passed, and some have been defeated. 100,000 public schools. lature said no more public display of People have had a chance to have their We will be having more votes, hope- the flag. So tradition is not the name say. Senator MURRAY and I have re- fully today just before lunch, and then of the game. Fairness—not racism, not ceived a large number of amend- we will continue with the bill. bigotry, not intolerance—is the game. ments—several dozen, actually, that Mr. President, I ask unanimous con- Dan Snyder should do the right thing Senators on both sides have offered— sent that following my remarks, the and change the team’s name. There is that we have agreed to recommend to article from Newsweek entitled ‘‘The no place for that kind of tradition in the full Senate we adopt by consent. Education Law Everyone Wants to the National Football League, and In addition to that, we adopted 29 Fix’’ be printed in the RECORD. there is certainly no place for it in our amendments in the committee consid- On a different subject, which I will great country. eration, and many of those were not elaborate on today, I wish to also Mr. President, I apologize to my amendments from Democratic Mem- include, following my remarks, an arti- friend the chairman of the committee bers of the Senate. So I think most cle I wrote for the Wall Street Journal for taking so much time. Senators—in fact, I haven’t heard a yesterday about the cost of going to single one say that they haven’t had a college. I think it is unfortunate that f chance to have their say on No Child so many politicians and pundits say RESERVATION OF LEADER TIME Left Behind. that Americans can’t afford college The PRESIDING OFFICER (Mr. Yesterday, I put into the RECORD an when in fact most of them can. It is never easy, but it is important for ROUNDS). Under the previous order, the op-ed from the Washington Post by the leadership time is reserved. Virginia Secretary of Education Anne them to know that for low-income Holton, who made the argument that Americans, for example, the first 2 f States, like Virginia, are well prepared years of college are free or nearly free EVERY CHILD ACHIEVES ACT OF to accept the responsibility for higher at a community college; and there are 2015 standards, better teaching, and real ac- many other ways colleges, universities, the Federal Government, and tax- The PRESIDING OFFICER. Under countability. Over the last 15 years, payers try to make it easy for a larger the previous order, the Senate will re- that has happened in every State. It reminds us that this bill we are de- number of Americans to go to college. sume consideration of S. 1177, which bating only provides 4 percent of the That is a debate Senator MURRAY the clerk will report. and I dollars that pay for our 100,000 public The legislative clerk read as follows: are already working on. We will bring schools in the country. We have some the reauthorization of the higher edu- A bill (S. 1177) to reauthorize the Elemen- other money that the Federal Govern- cation bill before the Senate hopefully tary and Secondary Education Act of 1965 to ensure that every child achieves. ment spends—4 percent or 5 percent later this year. more—for those schools, but this bill Mr. President, I ask unanimous con- Pending: spends 4 percent. Most of the money, sent that my op-ed from the Wall Alexander/Murray amendment No. 2089, in most of the responsibility, most of the Street Journal be printed in the the nature of a substitute. opportunity for success is with parents, RECORD following my remarks. Alexander (for Fischer) amendment No. Mr. President, there are a number of 2079 (to amendment No. 2089), to ensure local classroom teachers, and others who are governance of education. close to the children. Senators who wish to come to the floor Murray (for Peters) amendment No. 2095 The consensus we have developed, the to speak today. I encourage any Sen- (to amendment No. 2089), to allow local edu- bipartisan consensus—again, with the ator who hasn’t presented their amend- cational agencies to use parent and family bill Senator MURRAY and I put together ment to go ahead and do that. I am

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.005 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4905 hopeful that soon we will have an and whether students can use public funds to No Child Left Behind reauthorization, which agreement to have a number of votes go to the school they want—even private would be effective for as long as five years. before lunch. school—via things like vouchers. That, says With the possibility of a Republican sweep- I yield the floor. Kusler, defeats the whole purpose of the law, ing into the White House, some argue it’s which is aimed at improving low-performing There being no objection, the mate- best to stick to the status quo for now, and schools and ‘‘serving historically under- tackle a more ambitious overhaul once a rial was ordered to be printed in the served populations.’’ more conservative president is in office (they RECORD, as follows: The House bill, sponsored by Minnesota hope). [From Newsweek, July 3, 2015] Republican John Kline, includes the port- But Kusler, for one, is hopeful that the THE EDUCATION LAW EVERYONE WANTS TO FIX ability provision Republicans favor. That pressure from all sides to fix an unworkable prompted a veto threat from the White (By Emily Cadei) law will ultimately force a political com- House in February. But even with that provi- promise—opposed to kicking the can down When it comes to setting standards for sion, Kline’s bill has had trouble winning the road further. ‘‘I am entirely optimistic America’s public schools, there’s a remark- conservative support. Republican leaders ini- that we will get this done. We have never able degree of consensus: The system the fed- tially planned to hold a vote on it in late been so close,’’ she says. ‘‘We have created a eral government has in place—known as No February but changed their minds at the last perfect storm here.’’ Child Left Behind—doesn’t work. Fixing it, minute when it became apparent they didn’t however, is about to set off a new round of have enough GOP support. Members aligned [From the Wall Street Journal, July 6, 2015] fierce political combat in Washington, D.C., with the Tea Party argue the overhaul still COLLEGE TOO EXPENSIVE? THAT’SAMYTH and draw in 2016 candidates as well. spends too much money and leaves too much (By Lamar Alexander) Both the House and Senate are set to de- power in the hands of the federal govern- bate the 2001 No Child Left Behind law next ment. They’re insisting on a vote on an Pell grants, state aid, modest loans and week. Passed with bipartisan support—in- amendment that would give states the op- scholarships put a four-year public institu- cluding the unlikely pairing of President tion of opting out of No Child Left Behind re- tion within the reach of most. George W. Bush and Massachusetts liberal quirements entirely, a proposal known in Paying for college never is easy, but it’s Sen. Ted Kennedy—it sought to set national shorthand as A-PLUS. easier than most people think. Yet some standards for school and student achieve- ‘‘There’s just no conceivable way they can politicians and pundits say students can’t af- ment, and mandated testing to make sure bring the Kline bill onto the floor without ford a college education. That’s wrong. Most they were keeping up as well as funding in- bringing up A-PLUS,’’ says Dan Holler, of them can. centives to keep schools on track. spokesman for Heritage Action for America, Public two-year colleges, for example, are But the goals that the 2001 law set turned the advocacy arm of the conservative Herit- free or nearly free for low-income students. out to be far too ambitious and, the chorus age Foundation. Holler’s group came out in Nationally, community college tuition and of critics say, too rigid. ‘‘Teaching to the strong opposition to the bill in February and fees average $3,300 per year, according to the test’’ is a refrain heard across the country. plans to continue to oppose it unless that College Board. The annual federal Pell grant Test results have become an end-all, be-all, provision is included in the House bill. He ar- for these students—which does not have to complain teachers and parents, Democrats gues that the House needs to pass the most be paid back—also averages $3,300. and Republicans, alike. conservative bill possible, given that they’ll At public four-year colleges, tuition and No Child Left Behind ‘‘simplified all of then have to negotiate a final text with the fees average about $9,000. At the University school accountability to be a performance on Senate. of Tennessee, Knoxville, tuition and fees are a math test or a reading test,’’ says Mary Given how toxic No Child Left Behind has $11,800. One third of its students have a Pell Kusler, director of government relations for become, 2016 candidates on the campaign grant (up to $5,775 depending on financial the National Education Association, which trail are going to be hard-pressed to avoid need), and 98% of instate freshmen have a lobbies on behalf of teachers and other edu- the debate. There could be 100 amendments state Hope Scholarship, providing up to cation professionals. That, Kusler says, ‘‘has or more filed in the Senate, which means the $3,500 annually for freshmen and sophomores corrupted the education our children are re- four Republican senators running for presi- and up to $4,500 for juniors or seniors. States ceiving because it has reduced our schools to dent will have to weigh in on plenty of run a variety of similar programs—$11.2 bil- this reduce and punish system.’’ thorny questions surrounding education pol- lion in financial aid in 2013, 85% in the form The two parties have very different visions icy as it relates to race, inequality and of scholarships, according to the National for overhauling the law, however. Those in states’ rights. Association of State Student Grant and Aid the middle, the House and Senate leaders Even those candidates who won’t be vot- Programs. that have drafted the legislation, are now ing, however, are bound to be questioned on The reality is that, for most students, a faced with walking a tightrope between a the topic. Education policy has become a lit- four-year public institution is also within fi- measure that will win sufficient Republican mus test on the Right, with conservatives nancial reach. support in the House but still get a signature rallying against any attempts to nationalize What about really expensive private col- from President Obama. That’s no easy task— what they believe should be state or local de- leges? Across the country 15% of students at- the law has technically been expired since cisions. They’ve mainly focused on plans for tend private universities where tuition and 2007, but Congress has not been able to mus- a national curriculum, known as Common fees average $31,000, according to the College ter the political consensus to reauthorize it Core, which is not part of the No Child Left Board. Georgetown University costs even since then. It’s still being implemented, Behind law. But Common Core is indirectly more: about $50,000 a year. Its president, though, because Congress continues to pro- linked, since states have adopted it to meet John DeGioia, told me how Georgetown—and vide funding for the vast majority of its pro- the testing and accountability standards many other so-called elite colleges—help grams. that No Child Left Behind created. make a degree affordable. In the Senate, Tennessee Republican Many Republican governors that initially First, Georgetown determines what a fam- Lamar Alexander, a former Secretary of embraced the Common Core standards, in- ily can afford to pay. It asks the student to Education, and Washington Democrat Patty cluding 2016 long shots Chris Christie of New borrow $17,000 over four years and work 10–15 Murray have crafted a proposal that passed Jersey and Bobby Jindal of Louisiana, have hours a week under its work-study program. their Health, Education, Labor and Pensions backed away from them amidst the conserv- Georgetown pays the remainder—at a total Committee unanimously in April. Their leg- ative backlash. Former Florida Gov. Jeb cost of about $100 million a year. islation would maintain the testing regimen Bush is one of the few (along with Gov. John Apart from grants, work and savings, there put in place by No Child Left Behind but give Kasich of Ohio) who has stood by Common are federal student loans. We hear a lot of states more flexibility in how they use test Core. He also once offered the Obama admin- questions about these loans. Are taxpayers results to measure performance. That’s istration support in its efforts to reauthorize generous enough? Is borrowing for college a earned the hearty endorsement of teachers No Child Left Behind, according to an email good investment? Are students borrowing and groups like NBA, as well as business as- the website Buzzfeed published last month. too much? sociations—which are usually on opposite Those education stands are a big reason for An undergraduate today can get a federal sides of the education policy debate. In order conservatives’ simmering distrust of this son loan of up to $5,500 his first year. The annual to get Democrats on board, Alexander and brother of past presidents. loan limit rises to $7,500 his junior and senior dropped one big Republican priority from the The teachers’ unions, meanwhile, continue years. The fixed interest rate for new loans bill—a provision that would link federal to hold tremendous sway in the Democratic this year is, by law, 4.29%. A recent graduate funding for students from low-income areas primary, and their endorsements remain up may pay back the loan using no more than to the individual child, rather than the for grabs in 2016. Dark horse candidate Mar- 10% of his disposable income. And if at that school district in which they reside, which is tin O’Malley, the former governor of Mary- rate he doesn’t pay it off in 20 years, tax- how the system works now. Republicans land, is clearly eyeing that vote, and is payers forgive the loan. argue this ‘‘portability’’ measure gives chil- scheduled to hold an education event fol- Are students borrowing too much? The dren and their families an opportunity to go lowed by a meeting with the NBA of New College Board reports that a student who to better schools but Democrats say it will Hampshire next week. graduates from a four-year institution car- just weaken already struggling schools. It’s The presidential race also offers a ration- ries, on average, a debt of about $27,000. This part of a broader fight over ‘‘school choice’’ ale to conservative holdouts opposed to the is about the same amount of the average new

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.006 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4906 CONGRESSIONAL RECORD — SENATE July 9, 2015 car loan, according to the information-serv- education bill. While that is another we can succeed. We govern a complex ices company Experian Automotive. The important step in the process to finally country such as ours by consensus, and total amount of outstanding student loans is fix the badly broken No Child Left Be- I think the way we are doing things is $1.2 trillion. The total amount of auto loans hind law, I am disappointed that House a pretty good example of the way we outstanding in the U.S. is $950 billion. But a student loan is a lot better invest- Republicans have chosen to take a par- can do that. ment. Cars depreciate. College degrees appre- tisan approach in their bill that is un- I am glad the House of Representa- ciate. The College Board estimates that a acceptable to Democrats and will never tives acted. We have a process for this four-year degree will increase an individual’s become law. called conference. We haven’t been lifetime earnings by $1 million, on average. I appreciate the work that ranking doing conferences much lately. But she What about the scary stories of students member BOBBY SCOTT put into the and I both talked with Chairman KLINE with $100,000 or more in debt? These rep- House Democratic substitute. I am resent only 4% of all student loans, and 90% and Representative SCOTT. If we should of the borrowers are doctors, lawyers, busi- looking forward to coming together succeed next week, as I believe we will, ness school graduates and others who have with him as well as Chairman KLINE in why then we will have a conference earned graduate degrees. a conference. I truly hope House Re- with the House of Representatives, and About seven million federal student loan publicans will be ready to join ranking we will develop a bill we hope the borrowers are in default, defined as failing to member BOBBY SCOTT and other House President will be comfortable signing. make a loan payment in at least nine and Senate Democrats, Senate Repub- We are not here just to make a speech. months. That’s about one in 10 of all out- licans, and the administration as we We want to resolve this. As I said in standing federal student loans in default—al- work to get this done in a way that though the Education Department says most the article I put in earlier, this is the of those loans eventually get paid back. works for all students and families. I education law everyone wants fixed. In Here are five steps the federal government am looking forward to continuing that our constitutional system of govern- can take to make it easier for students to fi- work here today in the Senate. ment, we don’t fix it unless the House nance their college education: Again, I truly want to thank my col- and Senate agree and the President Allow students to use Pell grants year- league, the senior Senator from Ten- signs it. round, not only for the traditional fall and nessee, for working with me on our bi- So that is our goal, and we are con- spring academic terms, to complete their de- partisan bill, and I appreciate Chair- grees more rapidly. tinuing to make steps, thanks to the Simplify the confusing 108-question federal man ALEXANDER’s cooperation in work- leadership of Senator MURRAY and oth- student-aid application form and consolidate ing in a bipartisan way through this ers. the nine loan repayment programs to two: a process. I join him this morning in en- I suggest the absence of a quorum. standard repayment program and one based couraging our colleagues to file their The PRESIDING OFFICER. The on their income. amendments so we can continue mak- clerk will call the roll. Change the laws and regulations that dis- ing progress on this important piece of courage colleges from counseling students The senior assistant legislative clerk legislation. proceeded to call the roll. against borrowing too much. Our bipartisan bill, the Every Child Require colleges to share in the risk of Mr. ALEXANDER. Mr. President, I Achieves Act, is a good step in the lending to students. This will ensure that ask unanimous consent that the order right direction to fix No Child Left Be- they have some interest in encouraging stu- for the quorum call be rescinded. hind. It gives our States more flexi- dents to borrow wisely, graduate on time, The PRESIDING OFFICER. Without and be able to pay back what they owe. bility, while also including Federal Clear out the federal red tape that soaks guardrails to make sure all students objection, it is so ordered. up state dollars that could otherwise go to have access to a quality public edu- Mr. ALEXANDER. Mr. President, I help reduce tuition. The Boston Consulting cation. We are not done yet. I want to ask unanimous consent that the time Group found that in one year Vanderbilt work to continue to improve and until 11:30 a.m. today be equally di- University spent a startling $150 million vided between the two managers or complying with federal rules and regulations strengthen the bill. One example, today we will talk their designees and that it be in order governing higher education, adding more to call up the following amendments: than $11,000 to the cost of each Vanderbilt about an amendment to help shine a student’s $43,000 in tuition. America’s more light on inequalities in education that Daines amendment No. 2110, Warren than 6,000 colleges receive on average one still exist in our country. I thank Sen- amendment No. 2120, Brown amend- new rule, regulation or guidance letter each ator WARREN for offering her amendment No. 2099, Portman amendment workday from the Education Department. ment. I look forward to that discus- No. 2147, Manchin amendment No. 2103, It is vital that more Americans earn their sion. That amendment will help States, Kaine amendment No. 2096, Heller college degrees, for their own benefit and amendment No. 2121, Feinstein amend- that of the country. A report by Georgetown districts, and schools better analyze student achievement data so they can ment No. 2087; that the Toomey amend- University’s Center on Education in the ment be modified with the changes at Workforce tells us that if we don’t, we’ll fall help their students achieve. So I hope short by five million workers with postsec- our colleagues will pass that amend- the desk; further, that at 11:30 a.m., the ondary education in five years. ment. Senate vote in relation to the amend- Mr. ALEXANDER. Mr. President, I I am looking forward to getting ments in the order listed, with a vote suggest the absence of a quorum. started again today to work through in relation to the Toomey amendment, The PRESIDING OFFICER. The this issue and a number of others we as modified, after disposition of the clerk will call the roll. have, and I hope to continue to work in Brown amendment, with a 60-affirma- The senior assistant legislative clerk a bipartisan way to make sure all stu- tive vote threshold for adoption of the proceeded to call the roll. dents have access to a quality edu- Daines amendment, and with no sec- Mrs. MURRAY. Mr. President, I ask cation, again, regardless of where they ond-degree amendments in order to any unanimous consent that the order for live or how they learn or how much of the amendments prior to the votes; the quorum call be rescinded. money they make. that there be 2 minutes equally divided The PRESIDING OFFICER. Without I look forward to today’s discussion. prior to each vote, and that upon the objection, it is so ordered. Again, I thank our colleagues on the disposition of the Feinstein amend- Mrs. MURRAY. Mr. President, mak- other side of the aisle for working with ment, the Senate vote in relation to ing sure our Nation’s students get a us to fix this badly broken bill. the Fischer amendment No. 2079. quality education is critical for our I yield the floor. The PRESIDING OFFICER. Is there ability—our country’s ability—to lead The PRESIDING OFFICER. The Sen- objection? the world in the years to come, and a ator from Tennessee. Without objection, it is so ordered. good education can be a ticket to the Mr. ALEXANDER. Mr. President, I The amendment (No. 2094), as modi- middle class. It is also important for wish to acknowledge the comments of fied, is as follows: building an economy from the middle the Senator from Washington. Before (Purpose: To ensure that States have policies out, not just from the top down. she was here, I commented on her lead- or procedures that prohibit aiding or abet- Of course, yesterday the House of ership and on how the Democratic lead- ting of sexual abuse, and for other pur- Representatives passed their partisan er as well as the Republican leader poses) bill to reauthorize the Nation’s K–12 have created an environment in which At the end of title IX, add the following:

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.013 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4907 SEC. ll. PROHIBITION ON AIDING AND ABET- The senior assistant legislative clerk dren in that school, finally culmi- TING SEXUAL ABUSE. proceeded to call the roll. nating in the rape and murder of a lit- Subpart 2 of part F of title IX (20 U.S.C. Mr. TOOMEY. Mr. President, I ask tle boy named Jeremy Bell. 7901 et seq.), as amended by sections 4001(3) The practice of sending a letter of and 9114, and redesignated by section 9106(1), unanimous consent that the order for is further amended by adding at the end the the quorum call be rescinded. recommendation on behalf of a known following: The PRESIDING OFFICER. Without predator is so appalling that most of us ‘‘SEC. 9539. PROHIBITION ON AIDING AND ABET- objection, it is so ordered. can’t imagine anyone would do it. But TING SEXUAL ABUSE. AMENDMENT NO. 2094, AS MODIFIED the sad truth is that it has happened so ‘‘(a) IN GENERAL.—A State, State edu- Mr. TOOMEY. Mr. President, I wish frequently that it even has a name. It cational agency, or local educational agency to speak about my amendment, which is called passing the trash. In prosecu- in the case of a local educational agency des- is part of the unanimous consent agree- tion circles and in the circles of people ignated under State law, that receives Fed- who are advocates for children who are eral funds under this Act shall have laws, ment that was just agreed to. I have a number of thank yous I need to go victims of these horrendous crimes, regulations, or policies that prohibit any they know this all too well. Passing person who is a school employee, contractor, through. or agent, or any State educational agency or I will start by thanking the cospon- the trash is all too common a practice local educational agency, from assisting a sors of this amendment, starting with as a way for schools to make these school employee, contractor, or agent in ob- Senator MANCHIN, who has been with predators someone else’s problems. taining a new job, apart from the routine me in this battle for a very long time Well, the initial amendment that I transmission of administrative and per- now. But I wish to thank the other co- filed this bill, mirroring the legislation sonnel files, if the person or agency knows, that Senator MANCHIN and I intro- sponsors, including Senators MCCON- or recklessly disregards credible information duced, attempted to deal with this NELL, ALEXANDER, COTTON, CAPITO, indicating, that such school employee, con- problem in two ways. One, in the first GARDNER, HELLER, INHOFE, JOHNSON, tractor, or agent engaged in sexual mis- place, was to establish a thorough Fed- MCCAIN, ROBERTS, and VITTER. conduct regarding a minor in violation of the eral standard for background checks law. I am on the floor of the Senate to ex- for school employees, and the second ‘‘(b) EXCEPTION.—The requirements of sub- plain to people what we have done and was to have a prohibition against pass- section (a) shall not apply if the credible in- are going to vote on later today. I being the trash—to make it illegal for formation described in such subsection— lieve that this amendment is very con- someone to knowingly recommend for ‘‘(1)(A) has been properly reported to a law structive, and I am very optimistic and enforcement agency with jurisdiction over hire a sexual predator. the alleged misconduct; and hopeful this will pass. As for the first part, the background This amendment is based on a bill ‘‘(B) has been properly reported to any check part, we have had disagreements that I introduced with Senator other authorities as required by Federal, among ourselves as to how to do that MANCHIN over a year and a half ago, State, or local law, including title IX of the and whether to do that. There have Education Amendments of 1972 (20 U.S.C. which was called the Protecting Stu- been deep disagreements, and despite 1681 et seq.) and the regulations imple- dents from Sexual and Violent Preda- menting such title under part 106 of title 34, many conversations with my col- tors Act. I have spoken about this a leagues, we have not been able to reach Code of Federal Regulations, or any suc- number of times because I feel very ceeding regulations; and an agreement on how to proceed on ‘‘(2)(A) the case has been officially closed strongly about this. The fact is that that. I am disappointed that we have or the prosecutor with jurisdiction over the while the overwhelming majority of not reached an agreement, but I under- alleged misconduct has investigated the alle- our school employees across America stand that we don’t have the votes to gations and notified school officials that are wonderful people and some of the pass that portion. So I have agreed to there is insufficient information to establish great role models of our lives, it is also put that aside for now. I have not probable cause that the school employee, a fact that there are predators in our contractor, or agent engaged in sexual mis- agreed to abandon this cause of estab- schools. That is a sad fact, but it is lishing the most rigorous possible conduct regarding a minor; true. We know this for many reasons, ‘‘(B) the school employee, contractor, or background checks, but we will have agent has been charged with, and exonerated not the least of which is that last year that fight another day and hopefully at of, the alleged misconduct; or alone there were 459 school employees a time when we have the votes to pass ‘‘(C) the case remains open but there have arrested across America for sexual mis- it. been no charges filed against, or indictment conduct with the kids that they are What is really terrific news is that of, the school employee, contractor, or agent supposed to be protecting. we have reached an agreement on the within 4 years of the date on which the infor- So far this year we are on a path of other part of our legislation, the part mation was reported to a law enforcement arresting people at a rate that exceeds that prohibits this despicable, horren- agency. that of last year. We know this is a ‘‘(c) PROHIBITION.—The Secretary shall not dous practice of passing the trash—the have the authority to mandate, direct, or huge problem. very action that enabled the predator control the specific measures adopted by a It came to my attention because of to get the job that enabled him, in State, State educational agency, or local the absolutely horrific story of a young turn, to rape and kill young Jeremy educational agency under this section. boy named Jeremy Bell. Sadly, that Bell. Having reached this agreement, I ‘‘(d) Construction.—Nothing in this section story began in Pennsylvania, where a am confident that we will be able to shall be construed to prevent a State from teacher was molesting the students pass this amendment later today. If we adopting, or to override a State law, regula- under his charge. He was molesting lit- do, it will be the first time that the tion, or policy that provides, greater or addi- tle boys. The school figured out what tional protections to prohibit any person Senate has established that this des- who is a school employee, contractor, or was going on and reported it to the au- picable practice will no longer be toler- agent, or any State educational agency or thorities. But as much as they wanted ated anywhere in the country. local educational agency, from assisting a to, the authorities were never able to This is a huge victory for America’s school employee who engaged in sexual mis- assemble enough evidence to mount a children. It is as simple as that. When conduct regarding a minor in violation of the prosecution. So the school did some- we pass this in the Senate, and when it law in obtaining a new job.’’. thing despicable. What the school de- eventually becomes law, which I am Mr. ALEXANDER. Mr. President, for cided to do was to make this predator confident it will, the fact is our kids the information of Senators, we expect someone else’s problem. So they wrote are going to be safer. There are a lot of the first four amendments in this se- a letter of recommendation and said: States that already have some legisla- ries to require rollcall votes, with the You just leave, take this letter with tion that prohibits passing the trash rest of the amendments being adopted you, and find employment elsewhere. within their State, but no State can by a voice vote. Well, this is a pedophile. This is a force another State to forbid this prac- I thank the Senator from Washington predator they did this for, and of tice from coming across the line and for working with us to create this course he left and became someone into their State. That is why this al- agreement. else’s problem. He was hired in West ways needed a Federal response, and I I suggest the absence of a quorum. Virginia as a schoolteacher. Eventu- am really thrilled that today I think The PRESIDING OFFICER. The ally, he became principal, and of we are going to have that Federal re- clerk will call the roll. course, he serially molested the chil- sponse.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.015 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4908 CONGRESSIONAL RECORD — SENATE July 9, 2015 I need to thank a lot of folks. I see ment. I think it is bipartisan all the Fourth, every child should grow to my colleague from West Virginia has way. I think it will pass. It makes all earn a skill, learn a skill, be able to ob- joined us, and I will start with him. the sense in the world. It was Jeremy tain a skill that will carry them to be Senator MANCHIN has been a great Bell from my State of West Virginia a successful adult in life. partner in this effort since we started who was the victim of this tragic crime I will speak about the fifth promise over a year and a half ago. I am sure he that could have been prevented if we in just a moment. will have something to add about this had just known. That is what this is all Giving back to our communities, entire process. about. As Senator TOOMEY has said, we contributing our time and services to I also wish to thank the chairman of are not going to give up on making improve our world—this is something the committee, Senator ALEXANDER, sure we can find out who these per- everybody can do. We can’t use the ex- and Ranking Member MURRAY for all of petrators are, if they have a record we cuse of ‘‘I am sorry, my family is not the help they have provided in getting can follow and trace and keep them out wealthy enough for me to do some- us to this place. In particular, I have to of the school system before they ever thing’’—that is not an excuse—or ‘‘I thank Senator ALEXANDER and his begin their careers. That is a situation am sorry, I live in a rural area where I staff, together with my staff. I also on which we will continue to be very just don’t have that available to me.’’ have to mention Dimple Gupta, who vigilant. There is a need everywhere in the has worked tirelessly on this issue. Again, I thank Senator TOOMEY for world. In every part of this great coun- We had many long and often difficult his commitment and his hard work. His try, there is a need for people to give conversations. We started in what staff and our staff enjoyed working to- something back and do something to seemed like irreconcilable differences gether. We will continue to work on contribute, to reach out and help some- about this topic. But because we per- many endeavors that will benefit most body of lesser means, or maybe they sisted and everybody approached this importantly the children of this great don’t have any assistance whatsoever in a cooperative fashion, despite the country of ours in our respective in their life. There is an opportunity stiff opposition that there was at States. for every person to give. times, we were able to find common I thank Senator ALEXANDER and Sen- I learned from my grandparents. I ground. ator MURRAY for including my amend- watched them open up their home and I also need to acknowledge some out- ment—another amendment I will be make sure there was always a bed for a side groups that made it possible for us speaking about—to promote vol- stranger, make sure there was always to find this common ground: the Na- unteerism and community service. food, and make sure there were a few tional Children’s Alliance, the Associa- This is an issue about which I feel very rules we had to live by. You couldn’t tion of Prosecuting Attorneys, many strongly. I go all over the State of swear when there were too many young child advocate groups across Pennsyl- West Virginia and speak in different children around, you couldn’t drink, vania and across the country, law en- parts of the country, and I speak to and you had to work and provide some- forcement groups, and prosecutors. young people and ask them if they feel thing. If that was the case, then my Even the American Academy of Pedia- as if they own the country. grandparents took care of you and they I say: Do you have ownership? Do you tricians has been helpful in getting us wanted to share with you. They are believe this is your country? pretty simple rules to live by. here. They look at me very strangely. I will close with this: This is exactly Unfortunately, true public service is They really don’t feel as though they the way the Senate is supposed to not there. We for some reason have have ownership. work. This is the way it is supposed to I ask them: In the Constitution and thought it was somebody else’s respon- happen. As people who share a common in the preamble where it says a govern- sibility to take care of—just offer a vision, we all want to make sure our ment of the people, by the people, and government program, a Federal or kids are in the safest possible environ- for the people, whom are we speaking State program. What happened to ment when they go to school. We start- about? It is you. It is your government. reaching across the room, if you will, ed with wildly different views about You own it. What have you done to in- or reaching across your town or your how to get there. When the Senate is vest in it? Are you taking care of it? community or your State to help peo- working well, it works exactly as it is Are you doing preventive maintenance? ple? Our world is different, but our working now with regular order on the I am often reminded of the five prom- commitment to our neighbors Senate floor, going through the com- ises that were made, which were start- shouldn’t be. That is one value that mittee process, and having a ranking ed by Colin Powell and his five prom- doesn’t change. One person can still member and a chairman who are will- ises committee. It is an idea that my have a meaningful impact on another ing to work with individual Members wife and I, when I was Governor of person’s life. We know that. on their priorities. People came to- West Virginia, endorsed. We have a five My amendment with Senator SHA- gether to figure out where their compromise program that we still support HEEN basically aims to counter this mon ground was, how to get this done, in West Virginia. trend by giving every school the flexi- and how to put the interest of their The five promises are simply these: bility to use their Federal funding on constituents, the American people— Every child when they are born into programs that promote volunteerism and in this case our kids and this world should have a loving, caring and community service. That is all. It grandkids—ahead of political consider- adult in their life, somebody who un- is optional. It is not mandatory. But if ations. conditionally loves them. Sometimes, one believes that is such an intricate I am really thrilled that I think we unfortunately, it is not always the bio- part of our responsibility as an educa- have reached that point on this really logical parents or the biological fam- tor, to make sure these young people important amendment. So I urge all of ily, but every child deserves to have have a chance to get into a food bank my colleagues to support this amend- unconditional love. or a food pantry or a homeless shelter ment. I hope it will have very broad Second, every child must have a safe or a senior citizen opportunity to help support. I want to say thanks to all of place where harm can’t enter their life, people in need, or a nursing home— the colleagues who helped to make this where they know they will be kept given that chance, they can use some happen. safe. Every child deserves that. of those resources they will have I yield the floor. Third, every child deserves a healthy through this updated bill we are about The PRESIDING OFFICER. The Sen- start. We know that nutrition is impor- to pass, which I think is historical and ator from West Virginia. tant and basically the ability to pro- much needed—this amendment will Mr. MANCHIN. Mr. President, first of vide good nutrition. Sometimes, be- allow them to do that. That is all we all, let me say to my colleague, Sen- cause of economic conditions, the op- have asked for. ator TOOMEY from Pennsylvania, that I portunity doesn’t always exist. That is I am very appreciative that both have enjoyed working with him on a responsibility we have as the greatest Chairman ALEXANDER and Ranking many ventures, if you will, but this is country on Earth, the superpower that Member MURRAY have accepted this. one that is particularly gratifying now we are. Every child should have a My amendment today is part of keep- that we have finally come to an agree- healthy start. ing General Powell’s fifth promise. I

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.010 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4909 spoke about the four promises. The some devastating consequences to quickly identify them and provide the fifth promise is this: Every child them and to their future, to their fami- services they need. should grow to be a loving, caring lies, and to their communities. I thank my colleague from Montana adult and give something back. We If we look at the use today, in my for allowing me to speak about these can’t teach that one. People have to home State of Ohio—I was just home two very important amendments. I earn that one. People have to learn the day before yesterday at a con- thank Senator MURRAY and Senator that for themselves. Sometimes people ference on this issue of heroin use and ALEXANDER for giving this very serious are able to get it from where they live, prescription drug use by our young consideration in the legislation. I hope the family they live with, the commu- people. It is growing. It is a huge prob- these amendments can be adopted on a nity around them. Sometimes people lem. The No. 1 cause of death now in bipartisan basis. see it and they know it is the right Ohio is overdose from these drugs. It is I yield the floor. thing to do. This is going to provide an no longer car accidents, as it has been The PRESIDING OFFICER. The Sen- opportunity in an educational setting in the past. We must focus on this ator from Montana. to find one’s lot in life, to be able to issue, and the most effective way, of AMENDMENT NO. 2110 TO AMENDMENT NO. 2089 give something back, to be able to course, is through prevention and edu- Mr. DAINES. Mr. President, I ask to grow into a loving, caring adult. That cation, which I strongly support, and it set aside the pending amendment in is what this is all about. is in the underlying bill. order to call up amendment No. 2110. So I believe very strongly in this What is not in the bill, though, is to The PRESIDING OFFICER. The amendment. I believe very strongly provide support services for our young amendment is set aside. that it is going to help the youth of people should they be struggling with The clerk will report. America to be able to be Americans addiction. This is incredibly important. The senior assistant legislative clerk and what is expected of us as Ameri- So the legislation I am offering along read as follows: cans—to help one another. with Senator WHITEHOUSE simply pro- The Senator from Montana [Mr. DAINES] I would say that an investment in vides recovery and support services for proposes an amendment numbered 2110 to community service pays off both for our young people who fall victim to the amendment No. 2089. our students and our communities. In dangers of drugs. We have a responsi- Mr. DAINES. Mr. President, I ask 2013, that 1 year, U.S. taxpayers in- bility to do this, in my view, again not unanimous consent that the reading of vested $1.7 billion in our national serv- just to focus, as the underlying legisla- the amendment be dispensed with. ice programs that we have to date. The tion does, on drug prevention and early The PRESIDING OFFICER. Without total social return on this investment intervention but also to focus on pro- objection, it is so ordered. is estimated to be $6.5 billion—almost a viding these important recovery serv- The amendment is as follows: 4-to-1 return in the value we receive ices to students in schools and commu- (Purpose: To allow a State to submit a dec- back as a society. I don’t think we can nities so they could overcome their ad- laration of intent to the Secretary of Edu- get a better return on an investment diction and achieve their God-given cation to combine certain funds to improve than having the youth of America abilities and again be productive mem- the academic achievement of students) being able to give something back and bers of society, which the Senator from After part B of title X, insert the fol- learn that fifth promise to be a caring, Pennsylvania and the Senator from lowing: loving adult and be able to carry this West Virginia were speaking about. I PART C—A PLUS ACT tradition on. encourage my colleagues to support SECTION 10301. SHORT TITLE; PURPOSE; DEFINI- With that, I appreciate very much this amendment. TIONS. (a) SHORT TITLE.—This part may be cited the chairman and the ranking member The second amendment I wish to speak about that I understand also as the ‘‘Academic Partnerships Lead Us to accepting this amendment. I think it Success Act’’ or the ‘‘A PLUS Act’’. will greatly help the school systems of may be offered later and included in a (b) PURPOSE.—The purposes of this part are America to be able to be involved in package—and I appreciate the chair- as follows: volunteerism, without social media but man and ranking member taking a (1) To give States and local communities truly hands on. So I think this is some- look at this—has to do with homeless added flexibility to determine how to im- thing we need. I am appreciative, and I youth. This is an amendment which ba- prove academic achievement and implement thank my colleagues. sically enables us to streamline the education reforms. (2) To reduce the administrative costs and With that, I yield the floor. current process, where it is very difficult to establish that somebody is compliance burden of Federal education pro- The PRESIDING OFFICER. The Sen- grams in order to focus Federal resources on ator from Ohio. homeless. In fact, under our current improving academic achievement. Mr. PORTMAN. Mr. President, I law, one has to go through quite a (3) To ensure that States and communities thank my colleague from West Vir- process with HUD, the Department of are accountable to the public for advancing ginia. He was just speaking about a Housing and Urban Development. I am the academic achievement of all students, need for us to support our young peo- told there are sometimes up to maybe especially disadvantaged children. ple. In essence, what he was saying is 10 or 12 different documents one has to (c) DEFINITIONS.— they can use their God-given abilities go through. This streamlines the proc- (1) IN GENERAL.—Except as otherwise provided, the terms used in this part have the to be able to give back, and that is ess and allows the counselors who are meanings given the terms in section 9101 of what the amendment I wish to speak to already in the schools to be able to the Elementary and Secondary Education is all about. make the determination to help get Act of 1965 (20 U.S.C. 7801 et seq.). I appreciate the fact that the chair- services to these kids. (2) OTHER TERMS.—In this part: man and ranking member have agreed Homeless youth in America is now at (A) ACCOUNTABILITY.—The term ‘‘account- to take a look at this amendment. In an alltime high. We are told that 1 in ability’’ means that public schools are an- fact, my understanding is that Senator 45 children is homeless each year. By swerable to parents and other taxpayers for the use of public funds and shall report stu- ALEXANDER is going to be offering this the way, that is 1.6 million children. So I hope this amendment, which is dent progress to parents and taxpayers regu- amendment later. This amendment has larly. to do with substance abuse. It has to do amendment No. 2087, to help homeless (B) DECLARATION OF INTENT.—The term with our young people. Unfortunately, youth will also be one we will be able ‘‘declaration of intent’’ means a decision by we are seeing a younger and younger to take up here on the floor. Senator a State, as determined by State Authorizing age of first use of drugs. We are seeing FEINSTEIN and I are offering it to- Officials or by referendum, to assume full also, unfortunately, more and more gether. It is one that is bipartisan, and management responsibility for the expendi- young people who struggle with addic- it is one that will help foster greater ture of Federal funds for certain eligible pro- tion. community collaboration between grams for the purpose of advancing, on a In the legislation and in the under- agencies and departments by stream- more comprehensive and effective basis, the educational policy of such State. lying law, there are provisions for pre- lining the process and allowing these (C) STATE.—The term ‘‘State’’ has the vention, and that is incredibly impor- counselors who are already in the meaning given such term in section 1122(e) of tant. If we can get our young people schools to get the training they need to the Elementary and Secondary Education not to go down this road, we can avoid be able to support these kids, to more Act of 1965 (20 U.S.C. 6332(e)).

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(D) STATE AUTHORIZING OFFICIALS.—The (1) IN GENERAL.—The Secretary shall re- SEC. 10304. ADMINISTRATIVE EXPENSES. term ‘‘State Authorizing Officials’’ means view the declaration of intent received from (a) IN GENERAL.—Except as provided in the State officials who shall authorize the the State Designated Officer not more than subsection (b), the amount that a State with submission of a declaration of intent, and 60 days after the date of receipt of such dec- a declaration of intent may expend for ad- any amendments thereto, on behalf of the laration, and shall recognize such declara- ministrative expenses shall be limited to 1 State. Such officials shall include not less tion of intent unless the declaration of in- percent of the aggregate amount of Federal than 2 of the following: tent fails to meet the requirements under funds made available to the State through (i) The governor of the State. subsection (c). the eligible programs included within the (ii) The highest elected education official (2) RECOGNITION BY OPERATION OF LAW.—If scope of such declaration of intent. of the State, if any. the Secretary fails to take action within the (b) STATES NOT CONSOLIDATING FUNDS (iii) The legislature of the State. time specified in paragraph (1), the declara- UNDER PARTAOFTITLE I.—If the declaration (E) STATE DESIGNATED OFFICER.—The term tion of intent, as submitted, shall be deemed of intent does not include within its scope ‘‘State Designated Officer’’ means the person to be approved. part A of title I of the Elementary and Sec- designated by the State Authorizing Officials (f) AMENDMENT TO DECLARATION OF IN- ondary Education Act of 1965 (20 U.S.C. 6311 to submit to the Secretary, on behalf of the TENT.— et seq.), the amount spent by the State on State, a declaration of intent, and any (1) IN GENERAL.—The State Authorizing Of- administrative expenses shall be limited to 3 amendments thereto, and to function as the ficials may direct the State Designated Offi- percent of the aggregate amount of Federal point-of-contact for the State for the Sec- cer to submit amendments to a declaration funds made available to the State pursuant retary and others relating to any respon- of intent that is in effect. Such amendments to such declaration of intent. sibilities arising under this part. shall be submitted to the Secretary and con- SEC. 10305. EQUITABLE PARTICIPATION OF PRI- SEC. 10302. DECLARATION OF INTENT. sidered by the Secretary in accordance with VATE SCHOOLS. (a) IN GENERAL.—Each State is authorized subsection (e). Each State consolidating and using funds to submit to the Secretary a declaration of (2) AMENDMENTS AUTHORIZED.—A declara- pursuant to a declaration of intent under intent permitting the State to receive Fed- tion of intent that is in effect may be amend- this part shall provide for the participation eral funds on a consolidated basis to manage ed to— of private school children and teachers in the the expenditure of such funds to advance the (A) expand the scope of such declaration of activities assisted under the declaration of educational policy of the State. intent to encompass additional eligible pro- intent in the same manner as participation (b) PROGRAMS ELIGIBLE FOR CONSOLIDATION grams; is provided to private school children and AND PERMISSIBLE USE OF FUNDS.— (B) reduce the scope of such declaration of teachers under section 9501 of the Elemen- (1) SCOPE.—A State may choose to include intent by excluding coverage of a Federal tary and Secondary Education Act of 1965 (20 within the scope of the State’s declaration of U.S.C. 7881). intent any program for which Congress program included in the original declaration makes funds available to the State if the of intent; Mr. DAINES. Mr. President, as a program is for a purpose described in the El- (C) modify the duration of such declaration fifth-generation Montanan, a product ementary and Education Secondary Act of of intent; or of Montana public schools, a husband 1965 (20 U.S.C. 6301). A State may not include (D) achieve such other modifications as the of an elementary school teacher, and any program funded pursuant to the Individ- State Authorizing Officials deem appropriate. the father of four children, including uals with Disabilities Education Act (20 one of them who has a degree in ele- U.S.C. 1400 et seq.). (3) EFFECTIVE DATE.—The amendment shall specify an effective date. Such effective date mentary education, I understand how (2) USES OF FUNDS.—Funds made available important a first-rate education is to to a State pursuant to a declaration of in- shall provide adequate time to assure full tent under this part shall be used for any compliance with Federal program require- our kids’ future. educational purpose permitted by State law ments relating to an eligible program that As I meet with parents and educators of the State submitting a declaration of in- has been removed from the coverage of the across Montana, they frequently share tent. declaration of intent by the proposed amend- concerns about the one-size-fits-all stu- ment. (3) REMOVAL OF FISCAL AND ACCOUNTING dent performance and teacher quali- (4) TREATMENT OF PROGRAM FUNDS WITH- BARRIERS.—Each State educational agency fication metrics that currently dictate that operates under a declaration of intent DRAWN FROM DECLARATION OF INTENT.—Begin- ning on the effective date of an amendment Federal funding as part of No Child under this part shall modify or eliminate Left Behind. While well-intended, State fiscal and accounting barriers that executed under paragraph (2)(B), each pro- prevent local educational agencies and gram requirement of each program removed many of these metrics have proven dif- schools from easily consolidating funds from from the declaration of intent shall apply to ficult for schools in rural areas to other Federal, State, and local sources in the State’s use of funds made available under achieve. order to improve educational opportunities the program. As the Senate debates the Every and reduce unnecessary fiscal and account- SEC. 10303. TRANSPARENCY FOR RESULTS OF Child Achieves Act to reform our Na- ing requirements. PUBLIC EDUCATION. tion’s education policies, one of my pri- (c) CONTENTS OF DECLARATION.—Each dec- (a) IN GENERAL.—Each State operating orities will be fighting to increase local laration of intent shall contain— under a declaration of intent under this part control over academic standards and (1) a list of eligible programs that are sub- shall inform parents and the general public ject to the declaration of intent; education policies and working to push regarding the student achievement assess- back against burdensome Federal regu- (2) an assurance that the submission of the ment system, demonstrating student declaration of intent has been authorized by progress relative to the State’s determina- lations that often place our schools in the State Authorizing Officials, specifying tion of student proficiency, as described in a straitjacket. the identity of the State Designated Officer; paragraph (2), for the purpose of public ac- For example, the U.S. Department of (3) the duration of the declaration of in- countability to parents and taxpayers. Education has incentivized States to tent; (b) ACCOUNTABILITY SYSTEM.—The State adopt common core standards by offer- (4) an assurance that the State will use fis- shall determine and establish an accounting exemptions from No Child Left Be- cal control and fund accounting procedures; ability system to ensure accountability (5) an assurance that the State will meet hind regulations and making extra under this part. the requirements of applicable Federal civil Federal education funds accessible rights laws in carrying out the declaration of (c) REPORT ON STUDENT PROGRESS.—Not through programs such as Race to the intent and in consolidating and using the later than 1 year after the effective date of Top to States that adopt common core. funds under the declaration of intent; the declaration of intent, and annually However, as are many Montanans, I am (6) an assurance that in implementing the thereafter, a State shall disseminate widely deeply concerned that the Federal Gov- declaration of intent the State will seek to to parents and the general public a report that describes student progress. The report ernment’s obvious efforts to back advance educational opportunities for the States into adopting such programs is disadvantaged; shall include— (7) a description of the plan for maintain- (1) student performance data disaggregated an inappropriate interference in edu- ing direct accountability to parents and in the same manner as data are cation policy decisions that should be other citizens of the State; and disaggregated under section 1111(b)(3)(A) of made by the States, should be made by (8) an assurance that in implementing the the Elementary and Secondary Education the parents, by the teachers, and local declaration of intent, the State will seek to Act of 1965 (20 U.S.C. 6311(b)(3)(A)); and school boards. use Federal funds to supplement, rather than (2) a description of how the State has used If we are serious about wanting to Federal funds to improve academic achieve- supplant, State education funding. make future generations as fortunate (d) DURATION.—The duration of the dec- ment, reduce achievement disparities be- laration of intent shall not exceed 5 years. tween various student groups, and improve as ours, it is critical that we prepare (e) REVIEW AND RECOGNITION BY THE SEC- educational opportunities for the disadvan- our children to excel in a globally com- RETARY.— taged. petitive economy. Our children should

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.001 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4911 receive a well-rounded education that These weren’t waivers in any meaning- Here is how the A-PLUS act works. If focuses on core subjects, including ful sense because they came with a new a State’s legislators determine that the reading, writing, science, and math, as set of strings attached that only rein- Federal Government’s approach to edu- well as technical and vocational dis- forced the authority of Washington, cation reform has not improved aca- ciplines and training in the arts. DC, to micromanage the policies and demic achievement in their State, they It is clear that the Federal Govern- the curriculum of classrooms all have an alternative. They can submit ment’s one-size-fits-none approach around the country. They did not give to the U.S. Department of Education a isn’t working. That is why I am intro- State and local policymakers the free- declaration of intent outlining their ducing the academic partnerships lead dom and flexibility to use education State-directed education reform initia- us to success amendment, or A-PLUS funding in a way that would best meet tives. In States that choose to opt out, for short. It is an amendment to the the needs of students and truly em- education officials will no longer have Every Child Achieves Act. I thank the power every child to succeed. No. In- to spend all of their time complying chairman and the ranking member, stead, they forced teachers, school with onerous one-size-fits-all Federal Senator ALEXANDER and Senator MUR- boards, and State officials to choose mandates. Instead, they will have the RAY, for allowing a vote on this amend- between the lesser of two evils—either, freedom and flexibility to listen and re- ment today. on one hand, abide by the Federal man- spond to the needs and recommenda- This measure will help expand local dates of No Child Left Behind or, on tions of parents, teachers, principals, control of our schools and return Fed- the other hand, accept the Federal and school boards. They will be able to eral education dollars where they be- mandates prescribed by common core make their education funds go further long—closer to classrooms. With A- and Race to the Top. by consolidating programs and funding PLUS, the States should be freed and The underlying bill we will vote on sources, and they will be able to im- will be freed from Washington unwork- next week makes the same mistake, prove the educational opportunities to able teacher standards. States would be and unless it is amended, we can expect disadvantaged children by designing free from Washington-knows-best per- it in turn to have the same dis- their State’s policies to be more re- formance metrics. States would be free appointing results. More kids will be sponsive and more targeted. from Washington’s failed test require- trapped in failing schools, their oppor- This amendment isn’t about States’ ments. States would be held account- tunities in life predetermined by their rights so much as it is about children’s able by parents and teachers because a parents’ ZIP Code rather than their rights, such as the right to a good edu- bright light would shine directly on the God-given talents and their own indication. It would secure those rights by decisions made by State capitals and vidual desire to learn and succeed. empowering America’s teachers and local school districts. More teachers can be rewarded on the parents to pursue innovative policies, With freedom from Federal mandates basis of the number of years they have such as charter schools and school comes more responsibility, trans- been on the job rather than on the vouchers and pay-for-success initia- parency, and accountability from the basis of the number of kids they have tives that have proven to be successful States. It would empower our States, helped to graduate. And more parents in classrooms all around the country. our local schools, our teachers, and our will regrettably but understandably The bill the Senate will vote on next parents to work together to develop so- lose faith in the public education sys- week may be well-intentioned in its re- lutions that best fit the unique needs tem, knowing it is designed to serve authorization of the Elementary and of each child. The A-PLUS amendment the ideological whims of Federal politi- Secondary Education Act, but it goes a long way toward returning re- cians and Federal bureaucrats instead misdiagnoses the problem of the status sponsibility for our kids’ education of the educational needs of their chil- quo. Our education system needs to be closer to home and reduces the influ- dren. reformed, not in spite of excessive Fed- ence of the Federal Government over That is why I am here this morning eral control but because of it. The A- our classrooms. to offer my support and to encourage PLUS Act recognizes this fact, and it I thank Senators GRASSLEY, CRUZ, my colleagues to offer their support for takes critical steps to rebuild our edu- VITTER, JOHNSON, LEE, LANKFORD, an amendment to the proposed reau- cation policy around it. BLUNT, CRAPO, RUBIO, and GARDNER for thorization of the Elementary and Sec- I urge my colleagues to support the sponsoring my A-PLUS amendment, ondary Education Act, an amendment A-PLUS amendment. The success of and I ask my other Senate colleagues that would help us avoid the serious America’s children depends upon it. to join us in empowering our schools to mistakes of the past. I thank my friend and distinguished serve our students, not DC bureaucrats, The basic premise, the basic ani- colleague from Montana and yield my and support this important amend- mating principle behind the bill before time back to him. ment. the Senate, as it now stands, and the The PRESIDING OFFICER. The Sen- I see my colleague Senator LEE of basic premise, basic principle behind ator from Montana. Utah is here, and I yield my time for No Child Left Behind and common core Mr. DAINES. I thank the Senator his comments on this amendment. is that when it comes to running the from Utah for his remarks and his in- The PRESIDING OFFICER. The Sen- classroom, Washington bureaucrats sights to empower schools, parents, ator from Utah. and politicians know better than and States to have more control over Mr. LEE. I thank the Senator. America’s teachers, parents, and local their children’s future through edu- Mr. President, the work the Senate is school boards. The principle behind the cation. This measure will help expand engaged in this week is long overdue. A-PLUS amendment is essentially the local control of our schools. It will re- The last time the Elementary and Sec- opposite; that no one is in a better po- turn Federal education dollars to ondary Education Act was updated was sition to make decisions about a child’s where they belong; that is, close to the 14 years ago. Congress gave the coun- education than his or her parents, classrooms. try No Child Left Behind, a policy that guardians, teachers, counselors, and Just before I came down to the floor by all accounts has been a failure. That principals. If you believe in this prin- to speak, I was in my office with some is why in 2012 the Obama administra- ciple as I do—and as experience in- high school students from Montana tion began offering waivers to States, structs all of us to do—then you must from communities like St. Regis, Hob- allowing them to opt out of the coer- support the A-PLUS Act because it em- son, Missoula, Clyde Park, Stevens- cive and ineffective requirements that powers every child’s parents, guard- ville. They are the bright future of our No Child Left Behind imposed on ians, teachers, counselors, and prin- State. As I chatted with them about America’s school districts and class- cipals to make the greatest impact on this amendment, they, too, agreed that rooms. But State and local school their education and on their lives, and by shifting control back to the States, boards quickly learned, just as parents it would do so without eliminating any to the local school boards, to the par- and teachers did, these so-called waiv- Federal mandates—coercive and inef- ents, that individual and effective solu- ers didn’t solve the fundamental prob- fective though they may be—and would tions can be created to address the lems created by No Child Left Behind; simply give States the choice to opt multitude of unique challenges facing they further entrenched that problem. out of them, no strings attached. our schools and our students across the

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.014 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4912 CONGRESSIONAL RECORD — SENATE July 9, 2015 country. Through these laboratories of The PRESIDING OFFICER. The Sen- ‘‘(aa) information on the performance on democracy, Americans can watch and ator from Washington. the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State learn how students can benefit when AMENDMENTS NOS. 2120, 2099, 2103, 2096, AND 2087 in the State accountability system; and innovative reforms are implemented at TO AMENDMENT NO. 2089 Mrs. MURRAY. Madam President, I ‘‘(bb) high school graduation rates, includ- the local level. ing 4-year adjusted cohort graduation rates I thank my colleagues, and I urge my ask to set aside the pending amend- and, at the State’s discretion, extended-year Senate colleagues to join us in empow- ment in order to call up the following adjusted cohort graduation rates. ering our schools to serve their stu- amendments en bloc as provided for ‘‘(II) The information described in sub- dents, not DC bureaucrats, and support under the previous order and ask that clause (I) shall be disaggregated by each of this important amendment. they be reported by number: Warren the categories of students, as defined in sub- I yield back. No. 2120, Brown No. 2099, Manchin No. section (b)(3)(A), and, within each such The PRESIDING OFFICER (Mrs. 2103, Kaine No. 2096, and Feinstein No. disaggregation category, cross-tabulated by— FISCHER). The Senator from Tennessee. 2087. The PRESIDING OFFICER. The ‘‘(aa) each major racial and ethnic group, AMENDMENTS NOS. 2147 AND 2121 TO AMENDMENT gender, English proficiency, and children NO. 2089 clerk will report the amendments by number. with or without disabilities; and Mr. ALEXANDER. Madam President, ‘‘(bb) any other category of students that I ask to set aside the pending amend- The legislative clerk read as follows: the State chooses to include. ment to call up the following amend- The Senator from Washington [Mrs. MUR- ‘‘(III) The disaggregation or cross-tabula- ments en bloc: Portman amendment RAY] proposes amendments en bloc numbered tion for a category described in subclause (II) 2120, 2099, 2103, 2096, and 2087 to amendment No. 2147 and Heller amendment No. shall not be required in a case in which the No. 2089. number of students in the category is insuffi- 2121. The amendments are as follows: The PRESIDING OFFICER. The cient to yield statistically reliable informa- AMENDMENT NO. 2120 tion or the results of such disaggregation or clerk will report. cross-tabulation would reveal personally (Purpose: To amend section 1111(d) of the El- The legislative clerk read as follows: identifiable information about an individual ementary and Secondary Education Act of The Senator from Tennessee [Mr. ALEX- 1965 regarding the cross-tabulation of stu- student. ANDER] proposes amendments en bloc num- dent data) On page 89, between lines 5 and 6, insert bered 2147 and 2121 to amendment No. 2089. On page 75, strike line 1 and all that fol- the following: Mr. ALEXANDER. Madam President, lows through line 4 on page 76 and insert the ‘‘(5) CROSS-TABULATION PROVISIONS.— I ask unanimous consent that the read- following: ‘‘(A) CROSS-TABULATION DATA NOT USED FOR ing of the amendments be dispensed ‘‘(iii) TECHNICAL ASSISTANCE.—Upon re- ACCOUNTABILITY.—Nothing in this subsection with. quest by a State or local educational agency, shall be construed to require groups of stu- The PRESIDING OFFICER. Without the Secretary shall provide technical assist- dents obtained by cross-tabulating data objection, it is so ordered. ance to States and local educational agen- under this subsection to be considered cat- The amendments are as follows: cies in collecting, cross-tabulating, or egories of students under subsection (b)(3)(A) disaggregating data in order to meet the refor purposes of the State accountability sys- AMENDMENT NO. 2147 quirements of this paragraph. tem under subsection (b)(3) or section 1114. (Purpose: To promote recovery support ‘‘(C) MINIMUM REQUIREMENTS.—Each State ‘‘(B) CROSS-TABULATED DATA IMPLEMENTA- services for students) report card required under this subsection TION.—Information obtained by cross-tab- On page 422, line 22, insert ‘‘recovery sup- shall include the following information: ulating data under this subsection shall be port services,’’ after ‘‘referral,’’. ‘‘(i) A clear and concise description of the widely accessible to the public in accordance On page 439, line 16, insert ‘‘recovery sup- State’s accountability system under sub- with paragraph (1)(B)(i)(III) and, upon report services,’’ after ‘‘mentoring,’’. section (b)(3), including the goals for all stu- quest, by any additional public means that dents and for each of the categories of stu- the State determines. AMENDMENT NO. 2121 dents, as defined in subsection (b)(3)(A), the AMENDMENT NO. 2099 (Purpose: To ensure timely and meaningful indicators used in the accountability system consultation between State educational to evaluate school performance described in (Purpose: To amend part A of title IV of the agencies and Governors in the development subsection (b)(3)(B), and the weights of the Elementary and Secondary Education Act of State plans under titles I and II and sec- indicators used in the accountability system of 1965 to allow funds provided under such tion 9302) to evaluate school performance. part to be used for a site resource coordi- On page 800, between lines 17 and 18, insert ‘‘(ii) Information on student achievement nator) the following: on the academic assessments described in On page 447, between lines 16 and 17, insert SEC. 9115A. CONSULTATION WITH THE GOV- subsection (b)(2) at each level of achieve- the following: ERNOR. ment, as determined by the State under sub- ‘‘(X) designating a site resource coordi- Subpart 2 of part F of title IX (20 U.S.C. section (b)(1), for all students and nator at a school or local educational agency 7901 et seq.), as amended by sections 4001(3), disaggregated and cross-tabulated in accord- to provide a variety of services, such as— 9114, and 9115, and redesignated by section ance with the following: ‘‘(i) establishing partnerships within the 9106(1), is further amended by adding at the ‘‘(I) Such information shall be community to provide resources and support end the following: disaggregated by each category of students for schools; ‘‘SEC. 9540. CONSULTATION WITH THE GOV- described in subsection (b)(2)(B)(xi), home- ‘‘(ii) ensuring all service and community ERNOR. less status, and status as a child in foster partners are aligned with the academic ex- ‘‘(a) IN GENERAL.—A State educational care and, within each category of students pectations of a community school in order to agency shall consult in a timely and mean- described in subsection (b)(2)(B)(xi), cross- improve student success; and ingful manner with the Governor, or appro- tabulated by— ‘‘(iii) strengthening relationships between priate officials from the Governor’s office, in ‘‘(aa) each major racial and ethnic group, schools and communities; and the development of State plans under titles I gender, English proficiency, and children and II and section 9302. with or without disabilities; and AMENDMENT NO. 2103 ‘‘(b) TIMING.—The consultation described ‘‘(bb) any other category of students that (Purpose: To enable local educational agen- in subsection (a) shall include meetings of the State chooses to include. cies to use funds under part A of title IV of officials from the State educational agency ‘‘(II) The disaggregation or cross-tabula- the Elementary and Secondary Education and the Governor’s office and shall occur— tion for a category described in subclause (I) Act of 1965 for programs and activities that ‘‘(1) during the development of such plan; shall not be required in a case in which the promote volunteerism and community and number of students in the category is insuffi- service) ‘‘(2) prior to submission of the plan to the cient to yield statistically reliable informa- On page 444, strike line 2 and insert the fol- Secretary. tion or the results of such disaggregation or lowing: ‘‘(c) JOINT SIGNATURE AUTHORITY.—A Gov- cross-tabulation would reveal personally ernor shall have 30 days prior to the State identifiable information about an individual school; or educational agency submitting the State student. ‘‘(iii) promote volunteerism and commu- plan under title I or II or section 9302 to the ‘‘(iii) For all students and disaggregated by nity service;’’. Secretary to sign such plan. If the Governor each category of students described in sub- AMENDMENT NO. 2096 has not signed the plan within 30 days of de- section (b)(2)(B)(xi), the percentage of stu- livery by the State educational agency to dents assessed and not assessed. (Purpose: To add career and technical the Governor, the State educational agency ‘‘(iv)(I) For all students, and disaggregated education as a core academic subject) shall submit the plan to the Secretary with- and cross-tabulated in accordance with sub- On page 759, line 3, insert ‘‘career and tech- out such signature.’’. clauses (II) and (III)— nical education,’’ after ‘‘music,’’.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.017 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4913 AMENDMENT NO. 2087 ensuring academic achievement. Here Crapo Inhofe Rounds (Purpose: To provide for additional means of is what it does. States would be al- Cruz Isakson Sasse Daines Johnson Scott certifying children, youth, parents, and lowed to obtain Federal education Enzi Lankford Sessions families as homeless) funding in the form of block grants. Ernst Lee Shelby On page 813, line 8, insert before the semi- States would submit a declaration of Fischer McCain Sullivan Flake McConnell colon the following: ‘‘, and provide training intent to the Department of Education Thune on the definitions of terms related to home- Gardner Moran Tillis Graham Paul to consolidate Federal education pro- Toomey lessness specified in sections 103, 401, and 725 Grassley Perdue grams and funding and redirect sources Vitter to the personnel (including personnel of pre- Heller Risch Wicker school and early childhood education pro- toward State-directed education re- Hoeven Roberts grams provided through the local edu- form initiatives. What this does is NAYS—54 cational agency) and the liaison’’. allow State and local leaders to exer- On page 827, strike line 22 and insert the cise greater control over the use of Alexander Feinstein Murphy following: Baldwin Franken Murray Federal education funds to address the Bennet Gillibrand Nelson nator. needs of local students and target Blumenthal Hatch Peters ‘‘(E) CERTIFYING HOMELESS STATUS.—A scarce resources to areas of highest Booker Heinrich Portman local educational agency liaison or member need. Boxer Heitkamp Reed of the personnel of a local educational agen- Brown Hirono Reid cy who receives training described in sub- I ask my Senate colleagues to join Cantwell Kaine Sanders section (f)(6) may certify a child or youth me in empowering our schools to serve Capito Kirk Schatz who is participating in a program provided their students, not DC Democrats, and Cardin Klobuchar Schumer Carper Leahy Shaheen by the local educational agency, or a parent support this important amendment. Casey Manchin Stabenow or family of such a child or youth, who The PRESIDING OFFICER. The Sen- Cochran Markey Tester meets the eligibility requirements of this ator from Tennessee. Collins McCaskill Udall Act for a program or service authorized Coons Menendez Warner under title IV, as eligible for the program or Mr. ALEXANDER. Madam President, Corker Merkley Warren service.’’; and this amendment is well-intentioned, Donnelly Mikulski Whitehouse Durbin Murkowski Wyden Mrs. MURRAY. Madam President, I unnecessary, won’t pass, and under- suggest the absence of a quorum. mines the bipartisan agreement we NOT VOTING—2 The PRESIDING OFFICER. The reached to try to move in exactly the King Rubio clerk will call the roll. direction the Senator from Montana The PRESIDING OFFICER. Under The legislative clerk proceeded to suggested. In addition, the House of the previous order requiring 60 votes call the roll. Representatives rejected it last night. for the adoption of this amendment, Mr. WYDEN. Madam President, I ask I recommend instead that my friends the amendment is rejected. unanimous consent that the order for who want more local control of the The Senator from Tennessee. the quorum call be rescinded. schools vote for our bipartisan agree- AMENDMENT NO. 2120 The PRESIDING OFFICER. Without ment, which ends the common core Mr. ALEXANDER. Madam President, objection, it is so ordered. mandate, ends waivers in 42 States, re- if I could have the attention of Sen- The Senator from Oregon. verses the trend of national school ators, I ask unanimous consent that (The remarks of Mr. WYDEN per- boards, and which, in my opinion, the order relating to the Warren taining to the introduction of S. 1740 would be the biggest step toward re- amendment be vitiated and the amend- are printed in today’s RECORD under storing local control to public schools ment remain pending while Senator ‘‘Statements on Introduced Bills and in the last 25 years. MURRAY and I work with Senator WAR- Joint Resolutions.’’) I urge a ‘‘no’’ vote on a well-inten- REN on the language in the bill. Mr. WYDEN. Madam President, I tioned, unnecessary idea which won’t So we won’t be voting on the Warren suggest the absence of a quorum. become law and which might help un- amendment today, but it will remain The PRESIDING OFFICER. The dermine the bipartisan proposal that pending. That leaves votes on two clerk will call the roll. has a very good chance of becoming amendments: Senator BROWN’s amend- The legislative clerk proceeded to law. ment and Senator TOOMEY’s amend- call the roll. Madam President, I ask unanimous ment. Mr. ALEXANDER. Madam President, consent that the votes following the The PRESIDING OFFICER. Is there I ask unanimous consent that the order first vote in this series be 10 minutes in objection? for the quorum call be rescinded. length. Without objection, it is so ordered. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without AMENDMENT NO. 2099 objection, it is so ordered. objection, it is so ordered. The PRESIDING OFFICER. Under Mr. ALEXANDER. I suggest the ab- The question is on agreeing to the the previous order, there will be 2 min- sence of a quorum. amendment. utes of debate equally divided prior to The PRESIDING OFFICER. The Mr. ALEXANDER. I ask for the yeas a vote in relation to amendment No. clerk will call the roll. and nays. 2099, offered by the Senator from Wash- The legislative clerk proceeded to The PRESIDING OFFICER. Is there a ington, Mrs. MURRAY, for Mr. BROWN. The Senator from Washington. sufficient second? call the roll. Mrs. MURRAY. Madam President, I Mr. ALEXANDER. Madam President, There is a sufficient second. know Senator BROWN is on his way. I ask unanimous consent that the order The clerk will call the roll. But I just want to let Senators know for the quorum call be rescinded. The legislative clerk called the roll. that too often our Nation’s students The PRESIDING OFFICER. Without Mr. CORNYN. The following Senator show up to school hungry or lacking objection, it is so ordered. is necessarily absent: the Senator from adequate school supplies. Many of our AMENDMENT NO. 2110 Florida (Mr. RUBIO). teachers, as we know, are really strug- The PRESIDING OFFICER. Under Mr. DURBIN. I announce that the gling to provide students with an edu- the previous order, there will be 2 min- Senator from Maine (Mr. KING) is nec- cation, while they are also dealing with utes of debate prior to a vote in rela- essarily absent. the compounding problems brought on tion to amendment No. 2110, offered by The PRESIDING OFFICER. Are there by poverty. the Senator from Montana, Mr. any other Senators in the Chamber de- Site resource coordinators, which DAINES, which is subject to a 60-affirm- siring to vote? this amendment addresses, operate ative-vote threshold for adoption. The result was announced—yeas 44, through a community school model, The Senator from Montana. nays 54, as follows: are able to bolster the number of re- Mr. DAINES. Madam President, the [Rollcall Vote No. 226 Leg.] sources in schools, and increase the academic partnerships lead us to suc- YEAS—44 number of services offered to students cess amendment—also called A-PLUS— Ayotte Boozman Coats and their families. gives States greater flexibility in allo- Barrasso Burr Cornyn So what this amendment does is that cating Federal education funding and Blunt Cassidy Cotton it would further that goal by allowing

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.008 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4914 CONGRESSIONAL RECORD — SENATE July 9, 2015 title IV funds to be used for site coordi- 2094, as modified, offered by the Sen- Mr. MANCHIN. I ask for the yeas and nators. ator from Pennsylvania, Mr. TOOMEY. nays. I thank Senator BROWN for offering The Senator from Pennsylvania. The PRESIDING OFFICER. Is there a this amendment. Mr. TOOMEY. Madam President, this sufficient second? The PRESIDING OFFICER. The Sen- amendment is really very simple. It is There appears to be a sufficient sec- ator from Tennessee. designed to protect children from sex- ond. Mr. ALEXANDER. Madam President, ual predators. We know we have a prob- The clerk will call the roll. I remind Senators that this and the lem because every year we arrest hun- The bill clerk called the roll. next vote are 10-minute votes. dreds of school employees across the Mr. CORNYN. The following Senator The PRESIDING OFFICER. Who country for the sexual abuse of chil- is necessarily absent: the Senator from yields time? dren who are supposed to be in their Florida (Mr. RUBIO). Mr. ALEXANDER. I yield back the care. Mr. DURBIN. I announce that the time. This measure will help that problem Senator from Maine (Mr. KING) is nec- Mrs. MURRAY. I yield back the time. by a very simple requirement that essarily absent. The PRESIDING OFFICER. Is there States pass legislation to prohibit The PRESIDING OFFICER. Are there objection? knowingly recommending for hire a any other Senators in the Chamber de- Without objection, all time is yielded teacher who has abused children. This siring to vote? The result was announced—yeas 98, back. is common sense. The question occurs on agreeing to I am very grateful to my colleagues nays 0, as follows: the amendment. for helping us get here, especially Sen- [Rollcall Vote No. 228 Leg.] Mr. ALEXANDER. I ask for the yeas ator MANCHIN. He has been a great YEAS—98 and nays. partner in this effort for a long time Alexander Fischer Murray The PRESIDING OFFICER. Is there a now. I want to thank Senator ALEX- Ayotte Flake Nelson Baldwin Franken ANDER and Senator MURRAY for their Paul sufficient second? Barrasso Gardner Perdue There appears to be a sufficient sec- work in helping us find the common Bennet Gillibrand Peters ond. ground that could get to a great bipar- Blumenthal Graham Portman The clerk will call the roll. tisan solution for a real problem. Blunt Grassley Reed Booker Hatch Reid The senior assistant legislative clerk I yield to the Senator from West Vir- Boozman Heinrich ginia. Risch called the roll. Boxer Heitkamp Roberts Mr. CORNYN. The following Senator The PRESIDING OFFICER. The Sen- Brown Heller Rounds Burr Hirono ator from West Virginia. Sanders is necessarily absent: the Senator from Cantwell Hoeven Mr. MANCHIN. Madam President, I Sasse Florida (Mr. RUBIO). Capito Inhofe Schatz appreciate the hard work Senator Cardin Isakson Mr. DURBIN. I announce that the Schumer OOMEY Carper Johnson Senator from Maine (Mr. KING) is nec- T has put in. Our staffs have Scott worked together. I wish to thank Casey Kaine essarily absent. Cassidy Kirk Sessions The PRESIDING OFFICER. Are there Chairman ALEXANDER and Ranking Coats Klobuchar Shaheen Shelby any other Senators in the Chamber de- Member MURRAY for their hard work Cochran Lankford Collins Leahy Stabenow siring to vote? on this. This young man from West Sullivan Virginia, Jeremy Bell, was the victim Coons Lee The result was announced—yeas 98, Corker Manchin Tester nays 0, as follows: of a crime that was preventable if we Cornyn Markey Thune Cotton McCain Tillis [Rollcall Vote No. 227 Leg.] had known. We did not know. This person who basically was a predator was Crapo McCaskill Toomey YEAS—98 Cruz McConnell Udall passed down to West Virginia without Vitter Alexander Fischer Murray Daines Menendez West Virginia having any knowledge at Donnelly Merkley Warner Ayotte Flake Nelson Durbin Mikulski Warren Baldwin Franken Paul all. This will prevent this from hap- Enzi Moran Whitehouse Barrasso Gardner Perdue pening anywhere in the country. Ernst Murkowski Wicker Bennet Gillibrand Peters I urge all of my colleagues to please Feinstein Murphy Wyden Blumenthal Graham Portman support this piece of legislation. This Blunt Grassley Reed NOT VOTING—2 Booker Hatch amendment is most reasonable. It will Reid King Rubio Boozman Heinrich Risch protect your children. Boxer Heitkamp Roberts Mr. ALEXANDER. Madam President, The amendment (No. 2094), as modi- Brown Heller Rounds fied, was agreed to. Burr Hirono I ask for 30 seconds for Senator MUR- Sanders Cantwell Hoeven RAY and me to make a brief comment. AMENDMENT NO. 2147 Sasse Capito Inhofe Schatz The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under Cardin Isakson Schumer objection, it is so ordered. the previous order, there will be 2 min- Carper Johnson Scott Mr. ALEXANDER. I want to thank Casey Kaine utes of debate, equally divided, prior to Cassidy Kirk Sessions the Senator from Pennsylvania and the a vote in relation to amendment No. Coats Klobuchar Shaheen Senator from West Virginia for work- Shelby 2147, offered by the Senator from Ten- Cochran Lankford ing with Senator MURRAY and me and Collins Leahy Stabenow nessee, Mr. ALEXANDER, for Mr. Coons Lee Sullivan others to come to a conclusion on this. PORTMAN. Corker Manchin Tester They feel passionately about it. They The Senator from Washington. Cornyn Markey Thune have worked hard on it. They deserve Mrs. MURRAY. Madam President, I Tillis Cotton McCain credit for that. I am glad to be a co- ask unanimous consent that the Sen- Crapo McCaskill Toomey Cruz McConnell Udall sponsor of it, and I plan to vote for it. ator from Virginia be given 1 minute Daines Menendez Vitter The PRESIDING OFFICER. The Sen- and the Senator from California be Donnelly Merkley Warner ator from Washington. given 1 minute to speak prior to the Durbin Mikulski Warren Mrs. MURRAY. Madam President, I Enzi Moran Whitehouse five voice votes. Ernst Murkowski Wicker join with the chairman in thanking the The PRESIDING OFFICER. Is there Feinstein Murphy Wyden Senators from Pennsylvania and West objection? NOT VOTING—2 Virginia and for working with our Without objection, it is so ordered. staffs to create this new version. I The Senator from Virginia. King Rubio think this amendment gets at a real AMENDMENT NO. 2096 The amendment (No. 2099) was agreed problem by ensuring that suspected Mr. KAINE. Madam President, I rise to. abusers do not transfer to other States to speak on amendment No. 2096. AMENDMENT NO. 2094, AS MODIFIED and districts. It is a positive step. I CTE is a core academic subject. I The PRESIDING OFFICER. Under urge its adoption. grew up working in my dad’s iron- the previous order, there will be 2 min- The PRESIDING OFFICER. The working and welding shop. I ran a utes of debate equally divided prior to question is on agreeing to the amend- school that taught kids to be car- a vote in relation to amendment No. ment, as modified. penters and welders in Honduras many

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.022 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4915 years ago, and what I learned is that The amendment (No. 2096) was agreed ORDER OF PROCEDURE high-quality technical education is an to. Mr. MCCONNELL. I ask unanimous important part of the educational spec- VOTE ON AMENDMENT NO. 2121 consent that notwithstanding rule trum. We downgraded it for a number The PRESIDING OFFICER. The XXVIII, that the time until 1:45 p.m. of years, but there is a renaissance question is on agreeing to amendment today be divided between the managers now. No. 2121. or their designees and that at 1:45 p.m., What my amendment would do is it The amendment (No. 2121) was agreed all postcloture time be expired and would go into the current Federal law to. that the Senate vote on the motion to and specify that career and technical invoke cloture on the motion to insist VOTE ON AMENDMENT NO. 2087 education programs are core curricula. upon the Senate amendment, agree to The PRESIDING OFFICER. The Originally, English, math, and science the request by the House for a con- question is on agreeing to amendment were. This bill broadens what is a core ference, and authorize the Chair to ap- No. 2087. curriculum to include computer point conferees with respect to H.R. The amendment (No. 2087) was agreed science and foreign languages. This 1735; further, if the compound motion to. amendment would make plain that is agreed to, Senator REED of Rhode Is- high-quality career and technical edu- VOTE ON AMENDMENT NO. 2079 land or his designee be immediately cation is a core academic subject. The PRESIDING OFFICER. The recognized to offer a motion to instruct I wish to thank Senators AYOTTE, question is on agreeing to amendment the conferees; and that there be 2 min- MERKLEY, SCOTT, BALDWIN, and WAR- No. 2079. utes of debate equally divided on that NER as cosponsor. I also thank the The amendment (No. 2079) was agreed motion, and following the disposition chairman and ranking member for to. of that motion, the Senate resume con- bringing this bipartisan bill to the The PRESIDING OFFICER. The ma- sideration of S. 1177. floor. jority leader. The PRESIDING OFFICER. Is there This is commonsense and bipartisan. f objection? I hope it will pass. Without objection, it is so ordered. NATIONAL DEFENSE AUTHORIZA- The Senator from Louisiana. The PRESIDING OFFICER. The Sen- TION ACT FOR FISCAL YEAR 2016 ator from California. SANCTUARY CITIES C Mr. VITTER. Madam President, I rise AMENDMENT NO. 2087 Mr. M CONNELL. Madam President, I ask that the Chair lay before the Sen- to discuss the very significant issue of Mrs. FEINSTEIN. Madam President, sanctuary cities. I rise to speak on amendment No. 2087. ate the House message accompanying H.R. 1735. Obviously, we have all been startled It is pretty simple what this amend- and saddened by the horrific murder in ment would do, and I present it on be- The Presiding Officer laid before the Senate the following message from the San Francisco that is a direct result of half of Senator PORTMAN and myself. It House of Representatives: San Francisco’s sanctuary city policy. assures that homeless children have ac- As a result, I will be filing an amend- Resolved, That the House disagree to the cess to HUD housing. ment today on this bill to address sanc- Today, we have 1.3 million children amendment of the Senate to the bill (H.R. 1735) entitled ‘‘An Act to authorize appro- tuary city policy. homeless in this country. In my State, priations for fiscal year 2016 for military ac- This is not a new idea for me. It is we have 310,000. The problem is getting tivities of the Department of Defense, for not a new issue. I have had legislation a clear definition of an individual who military construction, and for defense activi- on this topic since 2009. I have tried to is homeless. This bill would allow the ties of the Department of Energy, to pre- get the attention of the U.S. Senate appropriate authorities in a school to scribe military personnel strengths for such and the attention of others on this certify that a youngster is homeless, so fiscal year, and for other purposes,’’ and ask topic numerous times since then. I we don’t have a conflict between the a conference with the Senate on the dis- have only been able to get one vote on HUD certification and the school cer- agreeing votes of the two Houses thereon. an appropriations bill. Unfortunately, tification. It is long overdue. I believe COMPOUND MOTION my amendment to try to end sanctuary it will be helpful. I am very hopeful Mr. MCCONNELL. I move to insist city policy around the country was ta- this amendment will pass with a very upon the Senate amendment, agree to bled, with every Democrat, sadly, vot- big vote. the request by the House for a con- ing to table the amendment, except my I thank the Chair, and I thank Sen- ference, and authorize the Presiding then-Democratic colleague Senator ator PORTMAN. Officer to appoint conferees. Mary Landrieu. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The mo- I hope the very tragic murder of ator from Washington. tion is pending. Kathryn Steinle in San Francisco—a Mrs. MURRAY. I yield back our re- CLOTURE MOTION wonderful 32-year-old woman—gets all maining debate time on the final Mr. MCCONNELL. I send a cloture of our attention and causes all of us to amendments. motion to the desk. focus on this very serious issue. As we The PRESIDING OFFICER. All The PRESIDING OFFICER. The clo- all know, her murderer was an illegal Democratic debate time is yielded ture motion having been presented alien who was deported five times pre- back. under rule XXII, the Chair directs the viously. As we all know, he was an ille- Mr. ALEXANDER. Madam President, clerk to read the motion. gal alien who was convicted of felonies I yield back all Republican time. The senior assistant legislative clerk seven times previously. As we all The PRESIDING OFFICER. All time read as follows: know, it is because of San Francisco’s sanctuary city law, defying Federal is yielded back. CLOTURE MOTION VOTE ON AMENDMENT NO. 2147 law, that caused local police officials We, the undersigned Senators, in accord- there not to cooperate with U.S. Immi- The question is on agreeing to ance with the provisions of rule XXII of the amendment No. 2147. Standing Rules of the Senate, do hereby gration and Customs Enforcement offi- The amendment (No. 2147) was agreed move to bring to a close debate on the mo- cials to hold this dangerous criminal to. tion to insist upon the Senate amendment, for further deportation proceedings. agree to the request by the House for a con- Obviously, there are a lot of things VOTE ON AMENDMENT NO. 2103 ference, and authorize the Presiding Officer wrong with our immigration system The PRESIDING OFFICER. The to appoint conferees with respect to H.R. that this case illustrates. The fact that question is on agreeing to amendment 1735. he could come back into the country so No. 2103. Mitch McConnell, John McCain, Richard many times, having been deported, is a The amendment (No. 2103) was agreed C. Shelby, Jeff Flake, John Barrasso, real red flag. But certainly this also to. John Cornyn, Mike Rounds, Jeff Ses- sions, Shelley Moore Capito, Lamar underscores the truly dangerous nature VOTE ON AMENDMENT NO. 2096 Alexander, Lindsey Graham, Joni of sanctuary cities policy. The PRESIDING OFFICER. The Ernst, John Hoeven, Roger F. Wicker, Unfortunately, San Francisco is not question is on agreeing to amendment Kelly Ayotte, Richard Burr, Thom alone in promoting this ridiculous pol- No. 2096. Tillis. icy. There are over 200 cities now that

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.025 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4916 CONGRESSIONAL RECORD — SENATE July 9, 2015 defy Federal law and provide this safe teeth in Federal law, which does not that. So we will have this enduring im- haven to illegal immigrants, including exist now. My amendment on this bill, balance between security spending in very dangerous illegal immigrants such which I will be filing today, would do the Department of Defense and non- as the murderer of Kathryn Steinle. that by putting real teeth into Federal security spending in non-Defense De- For years, leaders in this city have ar- law, which does not exist now. We need partment agencies and a full range of gued that providing such a sanctuary to take this up and we need to do some- governmental spending. Abusing OCO assists local law enforcement in doing thing to shut down over 200 sanctuary is completely contrary to the intent of their job. Really? Really? We are going cities around the country that are BCA. The BCA was designed to impose to look at this case in San Francisco clearly endangering the lives and well- proportionately equal cuts on defense and keep up those ridiculous argu- being of American citizens. and nondefense discretionary spending ments? Let’s get real. Let’s call these I urge all of my colleagues to come to force a bipartisan compromise. This policies to a halt. They are contrary to together to support this commonsense approach unilaterally reneges on that existing Federal law, but the problem policy. We need to act. The tragic bipartisan agreement. is we have never put teeth in that ex- events in San Francisco prove that we OCO and emergency funding are out- isting Federal law. It is absolutely need to act. side the budget caps for a reason. They time we did so. Six years and waiting on this com- are for the costs of ongoing military This horrible murder in San Fran- monsense proposal from me and others operations and to respond to other un- cisco isn’t the only one of its kind. is 6 years and waiting way too long. We foreseen events like natural disasters. Just last week, an 18-year-old girl and need to act now. I urge all of our col- To suddenly ignore the true purpose of her 4-year-old son were found shot and leagues to join me and others in doing OCO and treat it as a budgetary device burned in their car. Right now, the top so. or slush fund to skirt the BCA is an un- suspect is the woman’s boyfriend, an il- Thank you, Madam President. I yield acceptable use for this important tool legal immigrant who was deported in the floor. for our warfighters. 2014, who illegally reentered the coun- The PRESIDING OFFICER (Mrs. Just to highlight how this OCO gim- try. In my home State of Louisiana, we ERNST). The Senator from Rhode Is- mick skews defense spending, consider have identified serious felons who have land. the amount of OCO in relation to the Mr. REED. Madam President, as the been released from jail and are now number of deployed troops. Most Amer- Republican leader indicated pursuant free to roam in Louisiana. We know of icans have a very commonsense ap- to unanimous consent, I will shortly be these cases. proach. If we have lots of troops en- offering a motion to instruct conferees Now, I hope this recent incident in gaged in operations overseas in Af- on the fiscal year 2016 National Defense San Francisco does get some folks’ at- ghanistan, Iraq, and elsewhere, then we Authorization Act regarding the inap- tention. There is hopeful evidence need lots of OCO funding as well. In propriate use of overseas contingency about this. In a statement following 2008—the height of our nation’s troops operations funding in this bill. the shooting, Hillary Clinton said that in Iraq and Afghanistan, over 187,000 The motion to instruct I am offering any city should listen to the Depart- troops deployed—we spent approxi- today directs the NDAA conferees to ment of Homeland Security and fully mately $1 million in OCO per troop. ‘‘insist that the final conference report cooperate with their law enforcement Under this bill, we would spend ap- fully fund the President’s budget re- and deportation work. Even before the proximately $9 million in OCO for each quest for the Department of Defense, incident in a hearing before the House of our deployed troops in Iraq and Af- including $534.3 billion in base budget Oversight and Government Reform ghanistan. funding and $50.9 billion in Overseas Committee, the Director of Immigra- Simply put, this approach, which cir- tion and Customs Enforcement Sarah Contingency Operations or OCO budget funding, thereby supporting the bipar- cumvents the spirit of the law, is not Saldana described the adverse effects fiscally responsible or an honest ac- of sanctuary city policy. She said that tisan view that the funding caps imposed by the Budget Control Act of 2011 counting nor is it consistent with the a significant factor affecting efforts to notion of why we created OCO in the deport illegal immigrants ‘‘has been should be eliminated or increased in proportionally equal amounts for the first place, to support troops overseas the increase in state and local jurisdic- engaged in overseas operations. tions that are limiting their partner- revised security and nonsecurity spend- There is another point. True national ship, or wholly refusing to cooperate ing categories.’’ security requires that non-DOD depart- with ICE immigration enforcement ef- This motion to instruct is consistent ments and agencies also receive relief forts. . . . [I]n certain circumstances with the President’s fiscal year 2016 from BCA caps. The Pentagon simply we believe such a lack of cooperation budget request for defense, which as- cannot meet the complex set of na- may increase the risk that dangerous sumed a resolution to the Budget Con- tional security challenges without the criminals are returned to the streets, trol Act, or BCA, dilemma that we help of other governmental depart- putting the public and our officers at have been trying to address. If this ments and agencies, including State, greater risk.’’ BCA situation is resolved, we can re- Well, yes, we saw the direct result of move the threat of sequestration on Justice, and Homeland Security. In the that dangerous, reckless sanctuary both the defense and domestic spend- Armed Services Committee, we heard city policy in San Francisco recently. ing. Unfortunately, the bill had to rely testimony on the essential role of Right now there are nearly 170,000 upon a budgetary—and it has been de- other government agencies in ensuring convicted criminal aliens who have scribed by many people—gimmick by our national defense remains strong. been ordered deported who remain at transferring $39 billion from the base The Department of Defense’s share of large in our country. The question for budget request for enduring military the burden would surely grow if these sanctuary cities is, Are they going to requirements to the OCO budget, leav- agencies are not funded adequately. continue to protect those people or are ing a base budget that is just below The BCA caps are based on a mis- they going to finally cooperate with BCA levels in order to avoid triggering nomer that discretionary spending is immigration enforcement officials to sequestration. neatly divided into security and non- do something about rounding up those In the absence of a resolution to the security spending. Let’s be clear, essen- people, not allowing them to roam on spending caps in the BCA, the adminis- tial national security functions are our streets? tration has stated that any legislation performed by governmental agencies We need to change our stance that al- that contributes to locking in massive other than the Department of Defense. lows sanctuary cities to get away with cuts to nondefense departments and As retired Marine Corps General Mattis being accessories to murder. Let me re- agencies—such as this one—will be sub- said, ‘‘If you don’t fund the State De- peat that. They are getting away with ject to a veto. partment fully, then I need to buy being accessories to murder, and we Now one of my concerns is, when we more ammunition.’’ need to put an end to that. use this device or gimmick this year, it With regard to the threat from the My legislation, first introduced in will pave the way to use it next year so-called Islamic State of Iraq and the 2009, would do that by putting real and the following year and year after Levant, or ISIL, Secretary of Defense

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.027 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4917 Carter told the Armed Services Com- Humanitarian support is critical. It ported by the National Institutes of mittee on Tuesday that ‘‘the State De- is even more critical as you look at the Health, health care for retirees and dis- partment, the Department of Home- papers and see there is a huge number abled individuals under Medicare, Med- land Security, other agencies that are of people coming out of Syria. Military icaid services for parents, including critical to protecting us against ISIL commanders will routinely tell you military parents and children with spe- and other threats, they need resources that the efforts of the State Depart- cial needs. All of these programs that too. And so that’s another reason why ment, USAID, the Office of Foreign benefit directly men and women in uni- I appeal for an overall budget perspec- Disaster Assistance is critical to our form and their families would be re- tive. . . . I really appeal for that, not campaign, none of which are considered stricted, and I don’t think that is why just for my own department, but for security activities under the Budget they are risking their lives, to see the rest of the national security estab- Control Act. these programs that are helpful to lishment, I think it’s critical.’’ Taken together, this proposal, which them unnecessarily cut back. According to a poll earlier this year, is embedded in the underlying legisla- Our national security is also inher- 83 percent of Americans think ISIL is tion, could compromise our broader ently tied to our economic security. the No. 1 threat to the United States. campaign against ISIL and deprive sig- The President underscored this point It is notable that of the administra- nificant elements of our government of on Monday when he said: tion’s nine lines of effort to counter the resources we need to do the job of The reason we have the best military in ISIL, only two, the security and intel- protecting the American people. the world is, first and foremost, because we ligence efforts, reside within the re- In another respect, adding funds to have got the best troops in history, but it’s sponsibilities of the Department of De- OCO does not solve and sometimes also because we’ve got a strong economy and fense and intelligence community. The complicates the DOD’s budgetary prob- we’ve got a well-educated population and lems. Defense budgeting needs to be we’ve got an incredible research operation remaining seven elements for our and universities that allow us to create new counter-ISIL strategy rely heavily on based on our long-term military strat- products that then can be translated into our our civilian departments and agencies. egy, which requires the DOD to focus military superiority around the world. We For example, supporting effective at least 5 years into the future. A 1- shortchange those, we’re going to be less governance in Iraq. We need our diplo- year plus-up to OCO does not provide secure. matic as well as political experts at the DOD with the certainty and stability it The NDAA has been accused of not State Department to engage with needs when building its 5-year budget. being a funding bill. So we don’t have Sunni, Shia, Kurd, and minority com- As General Dempsey, Chairman of the to worry about the budgetary communities in Iraq to promote reconcili- Joint Chiefs, testified, ‘‘We need to fix plications. But indeed we do. The stat- ation in Iraq and build political unity the base budget . . . we won’t have the ed purpose of the bill is to authorize among the Iraqi people. certainty we need’’ if there is a year- appropriations for fiscal year 2016 for Building partner capacity. The coali- by-year OCO fix. military activities for the Department tion is building the capabilities and ca- On Tuesday, Secretary of Defense of Defense. It is one of the few bills we pacity of our foreign partners in the re- Carter told the Armed Services Com- do every year to directly authorize ap- gion to wage a long-term campaign mittee, ‘‘It’s embarrassing that we can- propriations. So it is intimately tied to against ISIL, much of what is being not, in successive years now, pull our- the appropriations, to BCA, and to all carried out by the State Department selves together before an overall budg- of the issues I have talked about. and USAID. et approach that allows us to do what Indeed, we have said—and the com- Disrupting ISIL’s finances requires we need to do, which is . . . program in mittee has said repeatedly—that we the State Department and Treasury a multiyear manner, not in a one-year- are authorizing money. It is not just Department to work with their foreign at-a-time manner.’’ suggesting things to do but actually partners and the banking sector to en- Abuse of OCO in this massive way providing real money to the Depart- sure that our counter-ISIL sanctions risks undermining support for a crit- ment of Defense. If we do that, I think regime is implemented and enforced. ical mechanism used to fund the in- we have to do it in a way that does not Exposing ISIL’s true nature. Our creased costs of overseas conflicts. We use this OCO exception this year—and, strategic communications campaign have to have a disciplined system for unfortunately, in the years to come, if requires a truly whole-of-government estimating the cost and funding the we let it happen this year—but that we effort, including the State Department, employment of a trained and ready are transparent, clear, and we put the Voice of America, USAID, and others. force. money in the base budget and we move The Republican approach to funding The men and women of our military forward. our strategic communications strategy volunteer to protect and are overseas I think it is clearly within the scope is a part-of-government plan, not a fighting for American ideals, including of the conference. That is why I will be whole-of-government plan, unless we good education, economic opportunity, offering this motion to instruct. Every- recognize that we have to make adjust- and safe communities. Efforts to sup- one I talk to, on both sides of the aisle, ments in the BCA caps for every agen- port all of these goals will be hampered with very rare exception, will make an cy in the government. unless civilian departments and agen- individual strident pitch that we have Another aspect is disrupting the flow cies also receive relief from BCA caps. to fix BCA, that this is not the best ap- of foreign fighters. These foreign fight- Our young men and women who are proach. I heard that this morning when ers are the lifeblood of ISIL. Yet the sacrificing their lives overseas, not just we had General Dunford before the State Department and key components to defeat the enemy in the field but to committee—on both sides of the aisle: of the Department of Homeland Secu- give opportunity for hope and a chance These BCA caps are not the right way rity are facing severe cuts, under- here at home for their brothers and sis- to fund our national defense and not mining ongoing work with partner na- ters, for their aunts and uncles. Our the right way to fund other elements of tions to disrupt the flow of foreign servicemembers and their families rely government. fighters to Syria and Iraq and to pro- on many of the services provided by We can disagree on funding levels, tect our borders here at home. non-DOD departments, including vet- but there seems to be a strong con- The sixth line, protecting the home- erans employment services, transition sensus that the BCA is not working for land. The vast majority of the Depart- assistance, housing and homeless sup- the benefit of the American people and ment of Homeland Security falls under port provided by various civilian de- we have to fix it. Yet we are not fixing nonsecurity BCA caps. This further partments and agencies, impact aid to it in the legislation that is before us demonstrates that the Republican plan local school districts administered by nor are we doing things to help lever- is a misnomer, a gimmick, and an ef- the Department of Education, the age such a discussion and to help us to fort to play a game of smoke and mir- school lunch program provided by the come together to do what we all claim rors with the American people. They Department of Agriculture, lifesaving we want to do, which is to remove are very critical to our security here at medical research on issues such as those arbitrary caps, avoid sequestra- home. Yet they are in that ‘‘non- traumatic brain injury, post-traumatic tion, and contribute to a whole-govern- defense’’ part of the budget. stress, and suicide prevention, sup- ment approach—not just to national

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.029 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4918 CONGRESSIONAL RECORD — SENATE July 9, 2015 security but to economic prosperity, to the information technology, working cedures that are done by every business educational opportunity. All of that right you have to have the right equip- in America. But the Federal Govern- has to be done not by using these budg- ment. In fact, the government spent $80 ment has not complied with the nec- etary loopholes not designed for the billion last year on information tech- essary steps to achieve the right kind purpose they are being used for but by nology, including these software li- of management and oversight, and that sitting down and coming up with sen- censes. is costing the taxpayer up to $10 bil- sible legislation. Now, the Office of Management and lion. So today we add more to our ever- We did it before with the great work Budget and the 24 Federal agencies increasing amount of waste, fraud, and of Senator MURRAY and Congressman that are covered by the Chief Financial abuse that has been found within the PAUL RYAN, and we have to do it again. Officers Act of 1990 have very key roles Federal system, and we are moving to- So I will urge my colleagues to vote in and responsibilities for overseeing IT ward our goal of $100 billion. favor, obviously, when this comes up— investment management. Federal law There will be more ‘‘Wastes of the this motion to instruct—so we send the places responsibility for managing in- Week’’ in the future. We hope to reach right message to our conference. vestment with the heads of these agen- that $100 billion before we leave here I yield the floor. cies and establishes chief information for the August recess, with 3 more The PRESIDING OFFICER. The Sen- officers to advise and assist agency weeks before that happens. We are way ator from Indiana. heads in carrying out this responsi- ahead of schedule. We had hoped to Mr. COATS. May I ask, is the Senate bility. reach the $100 billion by the end of this in morning business? Now, there are two Executive orders Congress. But we have determined and The PRESIDING OFFICER. The Sen- that have been issued that provide in- found so many examples of waste, ate is on the message to accompany formation for these Federal agencies fraud, and abuse, that our gauge is H.R. 1735. regarding the management of how they climbing much faster than we thought Mr. COATS. Madam President, I ask go about procuring and managing these it would. Look, we have major fiscal problems unanimous consent to speak as in software licenses. Executive Order No. in this country. It is going to take morning business. 13103 specifies that agencies must major decisions relative to how we The PRESIDING OFFICER. Without adopt procedures to ensure that they objection, it is so ordered. structure how we spend taxpayers’ are not using this computer software in money. We have had numerous efforts WASTEFUL SPENDING violation of copyright laws. to deal with this in a macro way. All of Mr. COATS. Madam President, I Additionally, Executive Order No. those have come up short. While I was come down here every week, as the 13589 states that agencies must ensure engaged in all of that before, I have Presiding Officer knows. She is usually that they are not paying for unused or turned my attention to this: Let’s see in the chair when I am here, listening underutilized IT equipment, software, at least if we cannot find savings for to my ‘‘Waste of the Week’’. I am a lit- and services. the taxpayer in the areas of waste, tle bit later this week than I normally Now, the Government Accountability fraud, and abuse, and document it. am. But the issue of waste, fraud, and Office has conducted a study, an eval- I am pleased, as I said at the begin- abuse in the Federal Government con- uation of how well this is being man- ning of my remarks, that one of those tinues. We have covered a lot of ground aged and implemented. What they has just been implemented, saving the on serious issues such as tax fraud and found is that in many, many cases it is taxpayers $576 million and saving our misplaced death records, to the more not happening. Specifically, the Gov- colleges and universities and institu- absurd, such as the federally funded ernment Accountability Office found tions of higher education from a night- rabbit massages and marketing support that the Office of Management and mare of paperwork and compliance refor pumpkin doughnuts. Each of those Budget and the vast majority of Fed- quirements that they will no longer has a pricetag. That pricetag is paid for eral agencies lacked adequate policies have to engage in. So we will continue. by the American taxpayer. for managing their software licenses. We will do serious issues. We will look I am happy today to be able to an- Of the 24 major Federal agencies that I at some absurd things that cause peo- nounce that one of the items which I mentioned before, only 2—only 2 out of ple to say: Why in the world would we highlighted in a previous ‘‘Waste of the 24—had comprehensive policies that in- ever spend that money in the first Week’’ speech has been addressed. In cluded the establishment of clear roles place? It is just not responsible leader- May, my 11th ‘‘Waste of the Week’’ and central oversight authority by ship and governing. speech examined ways to improve com- managing enterprise software license I suggest the absence of a quorum. pliance measures for higher education agreements. The PRESIDING OFFICER. The tax benefits. I outlined how Congress Only 2 out of 24 have lived up to their clerk will call the roll. can fix this problem to achieve $576 requirement to manage in the way that The legislative clerk proceeded to million in taxpayer savings. these executive orders have ordered. call the roll. So that is a former ‘‘Waste of the An additional 18 agencies had some Mr. COATS. Madam President, I ask Week’’. It is a great benefit to univer- type of policy in place, but the Govern- unanimous consent that the order for sities, colleges, and educational insti- ment Accountability Office determined the quorum call be rescinded. tutions across the country because pre- that this simply was not comprehen- The PRESIDING OFFICER. Without vious laws required them to provide in- sive enough and effective enough. Four objection, it is so ordered. formation even when those applying agencies were found to have no policy Mr. COATS. Madam President, I ask for the particular aid refused to pro- at all. They totally ignored the man- unanimous consent that the remaining vide certain information. It created a dates of the executive orders. time under the current order be divided nightmare of paperwork and a night- So these weaknesses in the system equally between both sides. The PRESIDING OFFICER. Without mare of compliance for those colleges result from principally a lack of priority in establishing software license objection, it is so ordered. and universities. Mr. COATS. Madam President, I sug- So that provision that we brought management. Now, this is kind of a gest the absence of a quorum. forward was incorporated into law that technical thing. I certainly admit that The PRESIDING OFFICER. The has now been passed, signed by the I am not fully comprehensive in terms clerk will call the roll. President, and is operative. We not of how all of this IT stuff needs to The legislative clerk proceeded to only have saved the taxpayer $576 mil- work. But we hire people who are tal- call the roll. lion, but we have provided universities ented and have the skills necessary to Mr. MCCAIN. Madam President, I ask relief from an unnecessary procedure oversee this kind of management. Now, unanimous consent that the order for that consumed an extraordinary the key here is that the result of not the quorum call be rescinded. amount of time. effectively managing this has racked The PRESIDING OFFICER. Without Today I want to talk about software up a cost estimated at $10 billion over objection, it is so ordered. licenses. The Federal Government a 10-year period of time. Mr. MCCAIN. Madam President, I ask needs to purchase literally millions of So this is just complying with the ex- unanimous consent that the manda- these licenses. In order to get the IT, ecutive orders, complying with the pro- tory quorum call with respect to the

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.031 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4919 compound motion to go to conference CLOTURE MOTION Manchin Merkley Sanders Markey Paul Warren on H.R. 1735 be waived. We, the undersigned Senators, in accord- Menendez Reid Wyden The PRESIDING OFFICER. Without ance with the provisions of rule XXII of the objection, it is so ordered. Standing Rules of the Senate, do hereby NOT VOTING—4 Mr. MCCAIN. Madam President, in move to bring to a close debate on the mo- King Rubio just a few minutes, we are going to tion to insist upon the Senate amendment, Moran Sasse take a vote on a motion to instruct the agree to the request by the House for a con- The PRESIDING OFFICER. On this ference, and authorize the Presiding Officer conferees on the National Defense Au- vote, the yeas are 81, the nays are 15. to appoint conferees with respect to H.R. Three-fifths of the Senators duly cho- thorization Act that would then basi- 1735. cally—if these instructions were agreed Mitch McConnell, John McCain, Richard sen and sworn having voted in the af- to, would actually repeal the Budget C. Shelby, Jeff Flake, John Barrasso, firmative, the motion is agreed to. Control Act passed by the Senate. It John Cornyn, Mike Rounds, Jeff Ses- COMPOUND MOTION would be a direct repudiation of what— sions, Shelley Moore Capito, Lamar The question now occurs on agreeing after many hours of debate, some Alexander, Lindsey Graham, Joni to the motion to insist upon the Senate amendments that were passed by the Ernst, John Hoeven, Roger F. Wicker, amendment, agree to the request by Kelly Ayotte, Richard Burr, Thom the House for a conference, and author- Senate and would, on an authorization Tillis. bill, require budgetary and fiscal meas- ize the Chair to appoint conferees with ures which are totally inappropriate. The PRESIDING OFFICER. By unan- respect to H.R. 1735. Basically, the problem that my imous consent, the mandatory quorum The motion is not debatable. friends on the other side of the aisle call has been waived. The motion was agreed to. have is that they want equal reduc- The question is, Is it the sense of the The PRESIDING OFFICER. The Sen- tions. They want restoration of funding Senate that debate on the motion to ator from Rhode Island. for both nondefense and defense that is insist upon the Senate amendment, MOTION TO INSTRUCT CONFEREES forced by the Budget Control Act. agree to the request by the House for a Mr. REED. Mr. President, I have a This legislation that is before the conference, and authorize the Presiding motion to instruct conferees which is body, which is authorized according to Officer to appoint conferees with re- at the desk, and I ask for its consider- the Budget Control Act—and if the inspect to H.R. 1735 shall be brought to a ation. structions to the conferees were en- close? The PRESIDING OFFICER. The acted, which is before the body now, The yeas and nays are mandatory clerk will report the motion. that somehow we would then be able to under the rule. The senior assistant legislative clerk repudiate the Budget Control Act The clerk will call the roll. read as follows: which was passed and we would also be The legislative clerk called the roll. The Senator from Rhode Island [Mr. REED] dealing with funding which has nothing Mr. CORNYN. The following Senators moves that the managers on the part of the are necessarily absent: the Senator Senate at the conference on the disagreeing to do with the authorization bill. votes of the two Houses on H.R. 1735 (the Na- So my friends on the other side of the from Kansas (Mr. MORAN), the Senator tional Defense Authorization Act for Fiscal aisle have a problem with OCO—the from Florida (Mr. RUBIO), and the Sen- Year 2016) be instructed to insist that the overseas contingency operations—but ator from Nebraska (Mr. SASSE). final conference report fully fund the Presi- they are trying to change it on an au- Further, if present and voting, the dent’s budget request for the Department of thorization bill. I wish my dear friends Senator from Nebraska (Mr. SASSE) Defense, including $534.3 billion in base budg- would look at the rules of the Senate. would have voted ‘‘yea.’’ et funding and $50.9 billion in Overseas Con- If they have a problem with funding, Mr. DURBIN. I announce that the tingency Operations budget funding, thereby supporting the bipartisan view that the fund- Senator from Maine (Mr. KING) is nec- that is what the appropriations bills ing caps imposed by the Budget Control Act are all about. essarily absent. of 2011 should be eliminated or increased in I urge my colleagues to reject what is I further announce that, if present proportionally equal amounts for the revised obviously an unworkable and unreal- and voting, the Senator from Maine security and non-security spending cat- istic approach to a problem that I (Mr. KING) would vote ‘‘yea.’’ egories. agree is a problem. Sequestration is The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. There is harming our ability to defend this Na- HOEVEN). Are there any other Senators 2 minutes of debate equally divided on tion. But in order to defend the Budget in the Chamber desiring to vote? the motion. Act—to change the budget that was The yeas and nays resulted—yeas 81, The Senator from Rhode Island. passed by a majority and now is part of nays 15, as follows: Mr. REED. Mr. President, this mo- what guided our appropriations bills— [Rollcall Vote No. 229 Leg.] tion represents what we have heard that is where their problems should lie. YEAS—81 from the Secretary of Defense and all I urge my colleagues to reject these of our uniformed leaders in the mili- Alexander Enzi Murphy instructions to the conferees which Ayotte Ernst Murray tary who are saying that we should would basically—I do not see a way Baldwin Feinstein Nelson budget appropriately, put long-term that we could possibly confer with the Barrasso Fischer Perdue defense needs in the base budget—$534 House after passing these kinds of in- Bennet Flake Peters Blumenthal Gardner Portman billion—and reserve OCO for what it structions. So I urge a ‘‘no’’ vote on Blunt Graham Reed was intended to be—overseas oper- Mr. REED’s motion to instruct the con- Boozman Grassley Risch ations. But because of the Budget Con- ferees concerning H.R. 1735. Basically, Boxer Hatch Roberts trol Act, we are using OCO as the de- Burr Heinrich Rounds we would have to take approximately Cantwell Heitkamp Schatz vice to avoid real budgeting and giving $38 billion worth of authorization out Capito Heller Schumer the Department of Defense the real of the authorization bill. So I urge a Cardin Hirono Scott long-term resources it needs. ‘‘no’’ vote. Carper Hoeven Sessions Casey Inhofe Shaheen Not only does this represent what the And I say to my friend and colleague, Cassidy Isakson Shelby Department of Defense desires, but it the Senator from Rhode Island, whom I Coats Johnson Stabenow also represents what we need to defend respect and admire and whose friend- Cochran Kaine Sullivan the American people. We need more Collins Kirk Tester ship I value, on this issue we simply Coons Klobuchar Thune than just the Department of Defense. disagree. Corker Lankford Tillis We need Homeland Security. We need Madam President, I yield the floor. Cornyn Lee Toomey the State Department. We need Treas- The PRESIDING OFFICER. All time Cotton McCain Udall Crapo McCaskill Vitter ury. We need everyone to defend this has expired. Daines McConnell Warner country. CLOTURE MOTION Donnelly Mikulski Whitehouse This approach would begin the dis- Pursuant to rule XXII, the Chair lays Durbin Murkowski Wicker cussion and debate, I hope, to get relief before the Senate the pending cloture NAYS—15 from the BCA to move forward and to motion, which the clerk will state. Booker Cruz Gillibrand deal with the threats facing this coun- The legislative clerk read as follows: Brown Franken Leahy try in a rational, logical way.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.033 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4920 CONGRESSIONAL RECORD — SENATE July 9, 2015 The PRESIDING OFFICER. The Sen- Isakson Perdue Shelby we can provide. That is why Senator Johnson Portman Sullivan ator from Wyoming. HOEVEN and I are working to increase Kirk Risch Thune Mr. ENZI. Mr. President, I would ask Lankford Roberts Tillis the emphasis on STEM education. my colleagues to oppose this motion. Lee Rounds Toomey The Klobuchar-Hoeven amendment, We have had this discussion a number McCain Sanders Vitter modeled after our Innovate America McConnell Sasse Wicker of times. This defeats the budget, and Murkowski Scott Act, will expand STEM opportunities this isn’t the appropriate place to re- Paul Sessions for more students by allowing school districts to use existing Federal STEM hash this or to try to do something dif- NOT VOTING—4 ferent. Everything we have been work- funding to create STEM specialty Crapo Moran ing on has been based on this principle. King Rubio schools or to enhance existing STEM Incidentally, those budget caps were programs within the schools. Our pro- The motion was rejected. signed by the President of the United vision will also ensure that the Depart- The Presiding Officer appointed Mr. States and said this was an allowable ment of Education is aligning STEM MCCAIN, Mr. INHOFE, Mr. SESSIONS, Mr. use without breaking the caps and programs and resources with the needs WICKER, Ms. AYOTTE, Mrs. FISCHER, Mr. causing sequester. of school districts and teachers. I un- COTTON, Mr. ROUNDS, Mr. GRAHAM, Mr. So we can fund defense, and defense derstand that it is in the managers’ REED, Mr. NELSON, Mr. MANCHIN, Mrs. needs to be defended and funded, and it package, and I thank the two leaders GILLIBRAND, Mr. DONNELLY, Ms. will be under the principles that we for that. HIRONO, and Mr. KAINE conferees on the have right now, and we can work on The second amendment is the im- part of the Senate. other methods as we work on this and proving teacher and principal reten- other budgets. So I ask that we vote f tion. The Every Child Achieves Act in- against this and not put this extra bur- EVERY CHILD ACHIEVES ACT OF cludes important reforms to improve den on the committee that doesn’t 2015—Continued the quality of education for students in really have the jurisdiction to do all Indian Country. One challenge that The PRESIDING OFFICER. The Sen- that is being requested in this motion. schools serving Native Americans con- ator from Minnesota. We voted it down before. Let’s vote it tinue to confront is the high rate of Ms. KLOBUCHAR. Mr. President, I down again. teacher and principal turnover and the rise today to talk about the important The PRESIDING OFFICER. The instability it causes. Turnover hurts bill before us today, the Every Child school districts with the added cost of question is on agreeing to the motion Achieves Act, which reauthorizes the to instruct conferees. rehiring and retraining, and it hurts Elementary and Secondary Education kids as teachers come and go. Mr. CARDIN. I ask for the yeas and Act and fixes No Child Left Behind. nays. One way to decrease teacher and I also rise today to talk about the re- principal turnover is to boost the pro- The PRESIDING OFFICER. Is there a authorization of the Export-Import fessional development these teachers sufficient second? Bank, which is also a very important receive. Inadequate professional devel- There is a sufficient second. matter for our country. opment and the lack of ongoing sup- The clerk will call the roll. I thank Senators ALEXANDER and port are some of the key reasons why The senior assistant legislative clerk MURRAY for their great leadership in some of our best teachers are leaving. called the roll. crafting a bipartisan bill that makes That is why Senator MURKOWSKI of Mr. CORNYN. The following Senators critical updates to No Child Left Be- Alaska and I have been pushing a pro- are necessarily absent: the Senator hind that will help ensure that all stu- vision to improve teacher and principal from Idaho (Mr. CRAPO), the Senator dents receive a quality education. They retention in schools serving American from Kansas (Mr. MORAN), and the Sen- worked together from the very begin- Indian and Alaska Native students. ator from Florida (Mr. RUBIO). ning on this important bill, and I think Specifically, our amendment adds men- Mr. DURBIN. I announce that the the results show how important it is. toring and teacher support programs, Senator from Maine (Mr. KING) is nec- I come to the floor to talk about including instructional support from essarily absent. three amendments in this bill. The Pre- tribal elders and cultural experts, to I further announce that, if present siding Officer is a cosponsor on one of improve the professional development and voting, the Senator from Maine the amendments, which is about STEM that teachers and principals in Indian (Mr. KING) would vote ‘‘yea.’’ education. I think we all know that in schools receive. This is also in the The PRESIDING OFFICER. Are there today’s global economy, education is managers’ package, and we appreciate any other Senators in the Chamber de- key to our economic prosperity. The that. siring to vote? Senator from North Dakota under- The next amendment deals with The result was announced—yeas 44, stands that because our two States, chronic absenteeism. We know stu- nays 52, as follows: North Dakota and Minnesota, have dents can’t learn if they are not in [Rollcall Vote No. 230 Leg.] some of the lowest unemployment school. When I was a prosecutor in YEAS—44 rates in the country. We have exciting Hennepin County, I developed a major economies with technological jobs to Baldwin Gillibrand Nelson truancy initiative to keep kids in Bennet Heinrich Peters fill. We are two States that make and school and out of the courtroom. My Blumenthal Heitkamp Reed invent products which we then export office worked closely with local schools Booker Hirono Reid to the world. To keep doing that, on a faster, more effective response to Boxer Kaine Schatz America’s next generation of truancy problems. That is why my pro- Brown Klobuchar Schumer Cantwell Leahy Shaheen innovators will have to be highly vision in the Every Child Achieves Acts Cardin Manchin Stabenow trained and highly skilled. We cer- will provide professional development Carper Markey Tester tainly see this in my State. According Casey McCaskill and training to schools to help ensure Udall Coons Menendez to the Minnesota High Tech Associa- that teachers, principals, and other Warner Donnelly Merkley tion, Minnesota will be home to nearly Warren school leaders have the knowledge and Durbin Mikulski 200,000 technology jobs in the next dec- skills necessary to address issues re- Feinstein Murphy Whitehouse Franken Murray Wyden ade. Part of this is getting young peo- lated to chronic absenteeism. ple engaged at an early age. Truancy is sometimes called the kin- NAYS—52 Today’s high school students aren’t dergarten of crime because it is truly Alexander Cochran Fischer just competing against students in Mil- an early risk factor. I still remember Ayotte Collins Flake Barrasso Corker Gardner waukee and Miami, they are competing looking at the files of serious juvenile Blunt Cornyn Graham against students in Munich and offenders—ones who committed homi- Boozman Cotton Grassley Mumbai. If America is going to keep cide and the like—and I realized the Burr Cruz Hatch its spot atop the world’s high-tech hi- first indication that there was a real Capito Daines Heller Cassidy Enzi Hoeven erarchy, students in our country must problem was truancy. It doesn’t just Coats Ernst Inhofe receive the best training and education hit in high school; it actually usually

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.038 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4921 hits in sixth and seventh grade. The lapse and not reauthorizing it are the this global market. We do it with edu- more we can do to put a focus on this, small businesses. cation, thanks to the good work of the better off we will be not only for In my State, 170 businesses used the Senator ALEXANDER and Senator MUR- public safety but, of course, for the services of Ex-Im in the last five years. RAY, but we also do it by making sure kids’ lives. They don’t have an expert on that our businesses have the financing I again thank Senator MURRAY and Kazakhstan. They don’t have a bank tools they need to succeed. Senator ALEXANDER for their tremen- down the street in a small town of 3,000 I urge my colleagues to support the dous work on this bill. people that is able to explain to them Ex-Im Bank and reauthorize this crit- EXPORT-IMPORT BANK how to get that kind of financing. They ical agency as soon as possible. Mr. President, the other issue, which rely on the expertise of Ex-Im and, Thank you, Mr. President. I yield the is somewhat related, as we look at pre- most importantly, they rely on the floor. paring kids for the current economy credit of Ex-Im. The PRESIDING OFFICER. The Sen- and the century we are in, is about Look at this: Balzar, in Mountain ator from Tennessee. jobs. It is about moving our economy Lake, MN, population of 2,000. As the Mr. ALEXANDER. Mr. President, I along. Part of that is making sure we Presiding Officer knows, we don’t have thank the Senator from Minnesota for can compete globally not only with many mountains in Minnesota, but we her contributions to the legislation we education efforts, which is what we are have a lot of lakes. So we call it Moun- are working on. She has been very fo- doing this week, but also with financ- tain Lake. This is a small business—74 cused on STEM education and has ing. people in a town of 2,000—that has re- found creative ways to encourage that, There are over eighty export-import- lied on Ex-Im in the past decade to and I thank her for it. type banks in developed nations. Chi- help export its products. Their exports We are hoping within a few minutes na’s bank currently funds things at have grown to about 15 percent of their to be able to agree by consent to a few nearly four times the amount that the total sales. They export from Canada bills and call up a few others. So what Unites States does. Yet we are seri- to Kazakhstan, from Japan to Aus- I would say to the Senator from Arkan- ously now allowing the Export-Import tralia. They are exporting to South Af- sas, through the Chair, is if he wouldn’t Bank to lapse, and I strongly support rica. mind going ahead with his remarks reauthorizing the Bank. Ralco, a small animal feed manufac- and, perhaps, if we are able to, I may I want to thank all of those involved, turer in Marshall, is a third-generation ask him to yield for 60 seconds and including Senators CANTWELL, KIRK, family business with distribution to allow us to do that and proceed with a HEITKAMP, and GRAHAM, for their over 20 countries around the world. unanimous consent request. But I don’t strong and impassioned leadership on Superior Industries in Morris, MN, is want to delay the Senator any further this issue. I also wish to thank all of a manufacturer of bulk material proc- with moving ahead with his remarks. my colleagues who have spoken about essing and handling systems. There are The PRESIDING OFFICER. The Sen- the importance of this Bank. 5,000 people in the town, and 500 people ator from Arkansas. Yesterday, a few of us met with the in Morris are employed at this com- SANCTUARY CITIES President and senior White House offi- pany. That would be 10 percent of the Mr. COTTON. Mr. President, there cials to discuss the importance of reau- town. Thanks to the Ex-Im Bank, they are certain policies that should not be thorizing the Export-Import Bank. are able to export to Canada, Aus- controversial. It should not be con- America needs to be, as I said, a coun- tralia, Russia, Argentina, Chile, Uru- troversial to expect that the laws of try that thinks, that invents, that guay, and Brazil. this Nation be enforced—equally, fair- builds things, and that exports to na- We know this is necessary for small ly, and fully. It should not be con- tions. That means the bill we are work- businesses. We know this is important troversial to expect local city governing on this week, but it also means the for our country to be on an even play- ments to refrain from actively frus- financing so those businesses can keep ing field. We don’t want China to eat trating the enforcement of Federal law. going. our lunch, but if we continue along this It should not be controversial to say We had a vote here, as we all know, way and become the only developed Na- that an illegal immigrant and repeat and 65 Senators supported reauthor- tion that doesn’t have financing au- felon who has been deported multiple izing the Ex-Im Bank, and in the thority such as this, we will let them times should not be set free to again House, 60 Republicans are cosponsoring eat our lunch. threaten law-abiding Americans, much a bill to do the same. We should get it At the end of last month when the less be in possession of a weapon. done. We know that when 95 percent of Ex-Im Bank expired, there were nearly But in our current debate about im- the world’s customers live outside of 200 transactions totaling nearly $9 bil- migration, these ideas are indeed con- our borders, there is literally a world lion in financing pending, and many troversial when, in fact, they should be of opportunity out there for U.S. busi- businesses—90 percent of which are matters of simple common sense. nesses. We all know that isn’t just small businesses—are no longer able to I acknowledge that reasonable people about Mexico and Canada. It is about use their export credit and insurance can and do differ on issues such as bor- the rest of the world, including Asia to its full extent. I have already talked der security and enforcement and the and the emerging economies in Africa. to businesses that literally have been status of illegal immigrants present in We can just go all over the world to see told: When we were trying to make a our Nation. But we should not disagree opportunities. deal, our competitors on the other side about the importance of the rule of law In my own State of Minnesota, the that were trying to make the next deal and the need to protect the safety of Ex-Im Bank has supported $2 billion in said: They are not going to get financ- the American people. That is why I exports and helped over 170 companies ing. That country let their Ex-Im Bank have introduced an amendment that in the last 5 years alone. Every single expire. Go to a business from this coun- will withhold Federal immigration and year, as the Presiding Officer knows, I try. Take our business because you law enforcement funds from any State have been to all 87 counties in Min- know we have steady financing. or city that declares itself a sanctuary nesota so I am able to see firsthand This cannot continue. for illegal immigrants. If a city directs these businesses. I may not be going This is why this is a major priority of its law enforcement officers to frus- there to talk about Ex-Im. I have rare- the U.S. Chamber of Commerce, a trate Federal immigration law, it ly done that, although we have had a major priority for small business orga- should not expect U.S. taxpayers to un- few Ex-Im events. I am so surprised nizations around the country, and a derwrite that effort. when I go to businesses and they say: major priority, most importantly, for Last week, a young woman, Kate We have actually grown our exports to the workers that work at these compa- Steinle, was murdered on a San Fran- 15 percent or it is now 20 percent of our nies. cisco pier popular with tourists while business, and we went to Ex-Im and got It is critical to move forward. We walking with her father. It was appar- financing, and we went to the Foreign must reauthorize the Export-Import ently a random crime, one committed Commercial Service and got help. What Bank and make sure our exporters are by an illegal immigrant—Juan Fran- we are really hurting by letting this competing on a level playing field in cisco Lopez-Sanchez—with a long rap

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.044 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4922 CONGRESSIONAL RECORD — SENATE July 9, 2015 sheet. Lopez-Sanchez was in the United 300,000 students. It’s the Nation’s fifth dents—including those with disabil- States despite having been deported largest district—where two-thirds of ities, or those not proficient in five times previously, and he should the students are minorities, and one- English—are making progress. We also have been deported a sixth time. Ear- in-five students is an English-language have seen real gains in student lier this year, Lopez-Sanchez was in learner. achievement. Our Nation’s high school custody of Federal immigration au- For the past decade, Clark County graduation rate is the highest it has thorities after he finished a Federal School District has been one of the ever been and the achievement gap be- prison sentence, and was awaiting de- fastest growing districts in the Nation. tween minority students and white stu- portation after being designated an In some years, Clark County was open- dents is narrowing. ‘‘enforcement priority.’’ Federal au- ing a new school every month to keep This bipartisan bill does build off thorities handed him over to San Fran- up with the growth. some of these successes and addresses cisco first so he could face outstanding But northwest of Las Vegas and many of the flaws in current law. It drug charges and requested that they Clark County is another one of our 17 maintains annual testing require- be notified if San Francisco planned to districts—vast, rural Esmeralda Coun- ments, but includes provisions to con- release him. ty. Esmeralda County School District solidate tests—helping reduce the num- San Francisco did in fact release him is huge, in terms of land. It covers al- ber of tests and amount of time stu- in April after dropping charges, but it most 3,600 square miles, but has just dents spend taking tests. It continues never notified anyone. The city’s gov- four schools and about 80 students. And to require student achievement to be ernment simply allowed Lopez-Sanchez Esmeralda County is not unique in Ne- reported by groups of children, includ- to walk free. This is because San Fran- vada. There are other rural school dis- ing by income, race, English-language cisco has proudly deemed itself a sanc- tricts in the State with schools that proficiency, and for students with dis- tuary city. It has passed city ordi- still have one teacher instructing mul- abilities. It makes early childhood edu- nances barring its officers from assist- tiple grades—much like the school I at- cation a priority, with a new grant to ing the enforcement of immigration tended as a boy. improve early childhood education ac- law, freeing itself of the most basic re- This diversity of Nevada’s school dis- cess and quality for low- and moderate- sponsibility to cooperate with Federal tricts makes the State a microcosm of income families. It makes important immigration authorities to keep dan- our Nation. So I understand the issues changes to a grant program to help our gerous criminals off the streets and out that overcrowded, urban schools face; lowest-performing schools. Most nota- of the country. Indeed, Lopez-Sanchez and I understand the challenges that bly, this bipartisan agreement also has admitted that he goes to San Fran- rural schools must confront. More im- does not include many of the proposals cisco because it is a sanctuary city. portantly, I understand that in order to included in earlier draft bills that This is an outrage to anyone who re- improve education at every school in would dilute the effectiveness of title I spects law and order. One might think America, we need a comprehensive ap- dollars or allow States to reduce their that it would draw a strong reaction proach. support for education. from the Obama administration. The The reauthorization of the Elemen- This bill is an important first step in administration, after all, has unequivo- tary and Secondary Education Act that strengthening our Nation’s schools and cally declared that the Constitution is before the Senate is a step in the ensuring that our children have a and our laws do ‘‘not permit the States right direction. This reauthorization world class education. And it is a true to adopt their own immigration pro- has been a long time coming. compromise—with both sides making grams and policies, or to set them- Congress last reauthorized ESEA concessions to move forward. selves up as rival decisionmakers based with passage of the No Child Left Be- We all agreed that improvements on disagreement with the focus and hind Act in 2001. That expired in 2007. needed to be made to our country’s scope of Federal enforcement.’’ That is Despite serious efforts to pass a reau- education laws. Although Democrats a direct quote from the administra- thorization in 2011 and 2013 under and Republicans have vastly different tion’s legal brief to the Supreme Court former Senator Tom Harkin’s leader- approaches, through compromise, Sen- arguing against an Arizona law de- ship, we were not able to overcome real ators MURRAY and ALEXANDER were signed to help Federal officers enforce policy disagreements on the best way able to craft a balanced bill. immigration laws. One would think the forward. But thanks to the hard and That is not to say that this bill is administration would be at least as determined work of the chairman and perfect. We still have work to do. I tough on sanctuary city laws that ranking member of the Senate HELP know that many Senators will have openly flout Federal immigration poli- Committee, we are able to begin work ideas for improving this legislation. I, cies and endanger law-abiding citizens. on the bipartisan Every Child Achieves for one, think we can do more to en- Yet the administration has enabled— Act. sure that our lowest-performing even encouraged—these sanctuary cit- I know it was not easy for the senior schools make progress, or that we can ies for years. Senator from Washington or the senior do more to address schools with per- Americans have a right to expect Senator from Tennessee. I appreciate sistently low graduation rates. I be- that governments at the local, State, their efforts. Because of their work, al- lieve we can do more to expand early and national level will carry out their most 14 years after the last reauthor- learning opportunities and to do more most basic duty to enforce the law and ization, and 8 years after it expired, we to protect students from bullying. I protect public safety. We should all be finally have a bipartisan bill to will also strongly oppose efforts to able to agree that a family enjoying a strengthen our Nation’s schools. weaken public schools through voucher public space such as San Francisco’s I have many concerns with current programs. piers should not have to fear being shot Federal education law. It has caused I look forward to a substantive de- dead. We should all be able to agree schools to spend too much time testing bate on this important bill. After all, that criminals who should be deported and preparing for tests. It has led many helping to ensure that every American under our laws should not be set free schools and districts to reduce or child gets a quality education could be with impunity. eliminate many subjects—such as so- among the most important things that There should be no sanctuary for cial studies, music, the arts, and phys- the Senate will do during this Con- hardened criminals in this country. ical education—that are important gress. Mr. President, I yield the floor. parts of a well-rounded education. It The PRESIDING OFFICER (Mr. CAS- Mr. REID. Mr. President, Nevada is has led to too many schools—many SIDY). The Senator from Tennessee. one of the largest States in the coun- making real gains in student achieve- AMENDMENTS NOS. 2083, 2092, 2108, 2119, 2131, AND try—the 7th largest, to be exact—but ment—to be labeled as failing. 2138 TO AMENDMENT NO. 2089 we have just 17 school districts. By Despite these real flaws that need to Mr. ALEXANDER. Mr. President, contrast, California, has over 1,000 be corrected, there are some aspects of Senator MURRAY and this Senator have school districts. current law we need to keep and im- a small package of amendments that Among our 17 Nevada districts is the prove upon. Schools, districts, and have been cleared by both sides. I ask Clark County School District with over States must now make sure all stu- unanimous consent that the following

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.053 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4923 amendments be called up, reported by direction, supervision, or control over State AMENDMENT NO. 2138 number, and agreed to en bloc: Gardner teacher licensing or certification require- (Purpose: To amend the Elementary and Sec- No. 2083, McCaskill No. 2092, Gillibrand ments. ondary Education Act of 1965 relating to No. 2108, Gardner No. 2119, Casey No. AMENDMENT NO. 2108 improving student academic achievement 2131, and Klobuchar No. 2138. (Purpose: To amend the program under part in science, technology, engineering, and mathematics) The PRESIDING OFFICER. Without E of title II to ensure increased access to science, technology, engineering, and On page 370, between lines 18 and 19, insert objection, it is so ordered. the following: The clerk will report the amend- mathematics subject fields for underrepresented students, and for other purposes) ‘‘(3) STEM-FOCUSED SPECIALTY SCHOOL.— ments en bloc. The term ‘STEM-focused specialty school’ The senior assistant legislative clerk On page 369, strike lines 1 and 2 and insert means a school, or a dedicated program with- read as follows: the following: in a school, that engages students in rig- ‘‘(2) improving student engagement in, and orous, relevant, and integrated learning ex- The Senator from Tennessee [Mr. ALEX- increasing student access to, such subjects, ANDER], for others, proposes amendments periences focused on science, technology, en- including for students from groups underrep- gineering, and mathematics, which include numbered 2083, 2092, 2108, 2119, 2131, and 2138 resented in such subjects, such as female stu- to amendment No. 2089. authentic school-wide research. dents, minority students, English learners, On page 382, line 12, strike the period and The amendments (Nos. 2083, 2092, children with disabilities, and economically insert the following: ‘‘; and 2108, 2119, 2131, and 2138) were agreed to, disadvantaged students; ‘‘(viii) support the creation and enhance- as follows: Beginning on page 374, strike lines 17 ment of STEM-focused specialty schools that through 22 and insert the following: AMENDMENT NO. 2083 improve student academic achievement in ‘‘(C) how the State’s proposed project will science, technology, engineering, and mathe- (Purpose: To enable local educational agen- ensure increased access for students who are matics, including computer science, and pre- cies to use funds under part A of title I for members of groups underrepresented in pare more students to be ready for postsec- dual or concurrent enrollment programs at science, technology, engineering, and mathe- ondary education and careers in such sub- eligible schools) matics subject fields (which may include fe- jects. On page 145, between lines 17 and 18, insert male students, minority students, English Beginning on page 384, strike line 3 and all the following: learners, children with disabilities, and eco- that follows through line 23 on page 384 and ‘‘(e) USE FOR DUAL OR CONCURRENT ENROLL- nomically disadvantaged students) to high- insert the following: MENT PROGRAMS.— quality courses in 1 or more of the identified ‘‘(c) EVALUATION AND MANAGEMENT.—The ‘‘(1) IN GENERAL.—A local educational subjects; and Secretary shall— agency carrying out a schoolwide program or On page 375, strike lines 8 through 12 and ‘‘(1) acting through the Director of the In- a targeted assistance school program under insert the following: stitute of Education Sciences, and in con- subsection (c) or (d) in a high school may use ‘‘(1) Increasing access for students through sultation with the Director of the National funds received under this part— grade 12 who are members of groups under- Science Foundation— ‘‘(A) to carry out— represented in science, technology, engineer- ‘‘(A) evaluate the implementation and im- ‘‘(i) dual or concurrent enrollment pro- ing, and mathematics subject fields, such as pact of the activities supported under this grams for high school students, through female students, minority students, English part, including progress measured by the which the students are enrolled in the high learners, children with disabilities, and eco- metrics established under subsection (a); and school and in postsecondary courses at an in- nomically disadvantaged students, to high- ‘‘(B) identify best practices to improve institution of higher education; or quality courses in the identified subjects. struction in science, technology, engineer- ‘‘(ii) programs that allow a student to con- On page 377, between lines 22 and 23, insert ing, and mathematics subjects; tinue in a dual or concurrent enrollment pro- the following: ‘‘(2) disseminate, in consultation with the gram at a high school for the school year fol- ‘‘(iii) A description of how the eligible sub- National Science Foundation, research on lowing the student’s completion of grade 12; grantee will use funds provided under this best practices to improve instruction in or subsection for services and activities to in- science, technology, engineering, and mathe- ‘‘(B) to provide training for teachers, and crease access for students who are members matics subjects; joint professional development for teachers of groups underrepresented in science, tech- ‘‘(3) ensure that the Department is taking in collaboration with career and technical nology, engineering, and mathematics sub- appropriate action to— educators and educators from institutions of ject fields, which may include female stu- ‘‘(A) identify all activities being supported higher education where appropriate, for the dents, minority students, English learners, under this part; and purpose of integrating rigorous academics in children with disabilities, and economically ‘‘(B) avoid unnecessary duplication of ef- dual or concurrent enrollment programs. disadvantaged students, to high-quality forts between the activities being supported ‘‘(2) FLEXIBILITY OF FUNDS.—A local edu- courses in 1 or more of the State’s identified under this part and other programmatic ac- cational agency using funds received under subjects. Such activities and services may tivities supported by the Department or by this part for a dual or concurrent program include after-school activities or other infor- other Federal agencies; and described in clause (i) or (ii) of paragraph mal learning opportunities designed to en- ‘‘(4) develop a rigorous system to— (1)(A) may use such funds for any of the costs courage interest and develop skills in 1 or ‘‘(A) identify the science, technology, engi- associated with such program, including the more of such subjects. neering, and mathematics education-specific costs of— On page 381, between lines 4 and 5, insert needs of States and stakeholders receiving ‘‘(A) tuition and fees, books, and required the following: funds through subgrants under this part; instructional materials for such program; ‘‘(iv) broaden student access to ‘‘(B) make public and widely disseminate and mentorship, tutoring, and after-school ac- programmatic activities relating to science, ‘‘(B) transportation to and from such pro- tivities or other informal learning opportu- technology, engineering, and mathematics gram. nities designed to encourage interest and de- that are supported by the Department or by ‘‘(3) RULE OF CONSTRUCTION.—Nothing in velop skills in 1 or more of the State’s iden- other Federal agencies; and this subsection shall be construed to impose tified subjects; ‘‘(C) develop plans for aligning the pro- on any State any requirement or rule regard- grammatic activities supported by the De- AMENDMENT NO. 2119 ing dual or concurrent enrollment programs partment and other Federal agencies with that is inconsistent with State law. (Purpose: To include charter school rep- the State and stakeholder needs. resentatives in the list of entities with AMENDMENT NO. 2092 whom a State and local educational agency AMENDMENTS NOS. 2161, 2132, AND 2080 TO (Purpose: Enabling States, as a consortium, shall consult in the development of plans AMENDMENT NO. 2089 to use certain grant funds to voluntarily under title I) Mr. ALEXANDER. Mr. President, I develop a process that allows teachers who On page 19, line 22, insert ‘‘public charter ask unanimous consent to set aside the are licensed or certified in a participating school representatives (if applicable),’’ be- pending amendment and call up the State to teach in other participating fore ‘‘specialized’’. following amendments en bloc: Kirk States) On page 95, line 12, insert ‘‘public charter No. 2161, Scott No. 2132, and Hatch No. On page 284, between lines 11 and 12, insert school representatives (if applicable),’’ after 2080. And I further ask that Senator the following: ‘‘leaders,’’. MURRAY be recognized to call up two ‘‘(xxi) Enabling States, as a consortium, to AMENDMENT NO. 2131 voluntarily develop a process that allows other amendments. teachers who are licensed or certified in a (Purpose: To improve the bill relating to ap- The PRESIDING OFFICER. Without participating State to teach in other partici- propriate accommodations for children objection, it is so ordered. pating States without completing additional with disabilities) The clerk shall report the amend- licensure or certification requirements, ex- On page 39 line 15, insert ‘‘, such as inter- ments en bloc. cept that nothing in this clause shall be con- operability with and ability to use assistive The senior assistant legislative clerk strued to allow the Secretary to exercise any technology,’’ after ‘‘accommodations’’. read as follows:

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The Senator from Tennessee [Mr. ALEX- ‘‘SEC. 1123. FUNDS TO FOLLOW THE LOW-INCOME the public schools served by the local edu- ANDER], for others, proposes amendments CHILD STATE OPTION. cational agency, which amount shall— numbered 2161, 2132, and 2080 to amendment ‘‘(a) FUNDS FOLLOW THE LOW-INCOME ‘‘(A) be based on the number of eligible No. 2089. CHILD.—Notwithstanding any other provi- children enrolled in such schools and in- The amendments are as follows: sions in this title requiring a State to re- cluded in the count submitted under para- serve or distribute funds, a State may, in ac- graph (1); and AMENDMENT NO. 2161 cordance with and as permitted by State ‘‘(B) be distributed in a manner that (Purpose: To ensure that States measure and law, distribute funds under this subpart would, in the absence of such Federal funds, report on indicators of student access to among the local educational agencies in the supplement the funds made available from critical educational resources and identify State based on the number of eligible chil- non-Federal resources for the education of disparities in such resources, and for other dren enrolled in the public schools operated pupils participating in programs under this purposes) by each local educational agency and the part, and not to supplant such funds (in ac- On page 69, between lines 16 and 17, insert number of eligible children within each local cordance with the method of determination the following: educational agency’s geographical area described in section 1117). ‘‘(N) how the State will measure and report whose parents elect to send their child to a ‘‘(5) DISTRIBUTION TO PARENTS.— on indicators of student access to critical private school, for the purposes of ensuring ‘‘(A) IN GENERAL.—From the amounts allo- educational resources and identify dispari- that funding under this subpart follows low- cated under paragraph (3) and notwith- ties in such resources (referred to for pur- income children to the public school they at- standing any provisions in this title requir- poses of this Act as an ‘Opportunity Dash- tend and that payments will be made to the ing a local educational agency to reserve board of Core Resources’) for each local edu- parents of eligible children who choose to en- funds, each local educational agency that re- cational agency and each public school in roll their eligible children in private schools. ceives funds under such paragraph shall dis- the State in a manner that— ‘‘(b) ELIGIBLE CHILD.— tribute a portion of such funds, in an amount ‘‘(i) provides data on each indicator, for all ‘‘(1) DEFINITION.—In this section, the term equal to the amount described in paragraph students and disaggregated by each of the ‘eligible child’ means a child aged 5 to 17, in- (2), to the parents of each eligible child with- categories of students, as defined in sub- clusive from a family with an income below in the local educational agency’s geo- section (b)(3)(A); and the poverty level on the basis of the most re- graphical area who elect to send their child ‘‘(ii) is based on the indicators described in cent satisfactory data published by the De- to a private school and whose child is in- clauses (v), (vii), (x), (xiii), and (xiv) of sub- partment of Commerce. cluded in the count of such eligible children section (d)(1)(C) and not less than 3 of the ‘‘(2) CRITERIA OF POVERTY.—In determining under paragraph (1), which amount shall be following: the families with incomes below the poverty distributed in a manner so as to ensure that ‘‘(I) access to qualified paraprofessionals, level for the purposes of this section, a State such payments will be used for the payment and specialized instructional support per- educational agency shall use the criteria of of tuition, fees, and transportation expenses sonnel, who are certified or licensed by the poverty used by the Census Bureau in com- (if any). State; piling the most recent decennial census, as ‘‘(B) RESERVATION.—A local educational ‘‘(II) availability of health and wellness the criteria have been updated by increases agency described in this paragraph may re- programs; in the Consumer Price Index for All Urban serve not more than 1 percent of the funds ‘‘(III) availability of dedicated school li- Consumers, published by the Bureau of available for distribution under subpara- brary programs and modern instructional Labor Statistics. graph (A) to pay administrative costs associ- materials and school facilities; ‘‘(c) IDENTIFICATION OF ELIGIBLE CHILDREN; ated with carrying out the activities de- ‘‘(IV) enrollment in early childhood edu- ALLOCATION AND DISTRIBUTION OF FUNDS.— scribed in such subparagraph. cation programs and full-day, 5-day-a-week ‘‘(1) IDENTIFICATION OF ELIGIBLE CHIL- ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- kindergarten; and DREN.—On an annual basis, on a date to be retary, in consultation with the Secretary of ‘‘(V) availability of core academic subject determined by the State educational agency, Commerce, shall provide technical assist- courses; each local educational agency shall inform ance to the State educational agencies that ‘‘(O) how the State will develop plans with the State educational agency of the number choose to allocate grant funds in accordance local educational agencies, including a of eligible children enrolled in public schools with subsection (a), for the purpose of assist- timeline with annual benchmarks, to address served by the local educational agency and ing local educational agencies and schools in disparities identified under subparagraph (N) the number of eligible children within each such States to determine an accurate meth- and, if a local educational agency does not local educational agency’s geographical area odology to identify the number of eligible achieve the applicable annual benchmarks whose parents elect to send their child to a children under subsection (c)(1). for two consecutive years, how the State will private school. ‘‘(e) RULE OF CONSTRUCTION.—Payments to allocate resources and supports to such local ‘‘(2) AMOUNT OF PAYMENT.— parents under this subsection (c)(5) shall be educational agency based on the identified ‘‘(A) IN GENERAL.—Subject to subparagraph considered assistance to the eligible child needs; (B), the amount of payment for each eligible and shall not be considered assistance to the On page 82, between lines 23 and 24, insert child described in this section shall be equal school that enrolls the eligible child. The the following: to— amount of any payment under this section ‘‘(xviii) Information on the indicators of ‘‘(i) the total amount allotted to the State shall not be treated as income of the child or student access to critical educational re- under this subpart; divided by his or her parents for purposes of Federal tax sources selected by the State, as described in ‘‘(ii) the total number of eligible children laws or for determining eligibility for any subsection (c)(1)(N), for all students and in the State identified under paragraph (1). other Federal program. disaggregated by each of the categories of ‘‘(B) LIMITATION.—In the case of a payment ‘‘(f) REQUIREMENTS FOR PARTICIPATING PRI- students, as defined in subsection (b)(3)(A), made to the parents of an eligible child who VATE SCHOOLS.—A private school that enrolls for each local educational agency and each elects to attend a private school, the amount eligible children whose parents receive funds school in the State and by the categories de- of the payment described in subparagraph under this section— scribed in clause (vii). (A) for each eligible child shall not exceed ‘‘(1) shall be accredited, licensed, or other- On page 115, after line 25, add the fol- the cost for tuition, fees, and transportation wise operating in accordance with State law; lowing: for the eligible child to attend the private ‘‘(2) shall ensure that the amount of any ‘‘(3) RESOURCE, SUPPORT, AND PROGRAM school. tuition or fees charged by the school to an AVAILABILITY.—A local educational agency LLOCATION TO LOCAL EDUCATIONAL that receives funds under this part shall no- ‘‘(3) A eligible child whose parents receive funds AGENCIES.—Based on the identification of eli- tify the parents of each student attending from a local educational agency through a gible children in paragraph (1), the State any school receiving funds under this part distribution under this section does not ex- educational agency shall provide to a local that the parents may request, and the agen- ceed the amount of tuition or fees that the educational agency an amount equal to the cy will provide the parents on request (and school charges to students whose parents do product of— in a timely manner), information regarding not receive such funds; ‘‘(A) the amount available for each eligible the availability of critical educational re- ‘‘(3) shall be academically accountable to child in the State, as determined in para- sources, supports, and programs, as described the parent for meeting the educational needs graph (2); multiplied by in the State plan in accordance with section of the student; and ‘‘(B) the number of eligible children identi- 1111(c)(1)(N). ‘‘(4) shall not discriminate against eligible fied by the local educational agency under children on the basis of race, color, national AMENDMENT NO. 2132 paragraph (1). origin, or sex, except that— (Purpose: To expand opportunity by allowing ‘‘(4) DISTRIBUTION TO SCHOOLS.—From ‘‘(A) the prohibition of sex discrimination Title I funds to follow low-income children) amounts allocated under paragraph (3) and shall not apply to a participating school that After section 1010, insert the following: notwithstanding any provisions in this title is operated by, supervised by, controlled by, SEC. 1011. FUNDS TO FOLLOW THE LOW-INCOME requiring a local educational agency to re- or connected to a religious organization to CHILD STATE OPTION. serve funds, each local educational agency the extent that the application of such pro- Subpart 2 of part A of title I is amended by that receives funds under such paragraph hibition is inconsistent with the religious te- inserting after section 1122 the following: shall distribute a portion of such funds to nets or beliefs of the school; and

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.056 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4925 ‘‘(B) notwithstanding this paragraph or there is established a committee to be (i) which Federal laws should be updated; any other provision of law, a parent may known as the ‘‘Student Privacy Policy Com- and choose, and a school may offer, a single-sex mittee’’ (referred to in this section as the (ii) the appropriate Federal enforcement school, class, or activity. ‘‘Committee’’). authority to execute the laws identified in ‘‘(g) PROHIBITIONS ON CONTROL OF PARTICI- (b) MEMBERSHIP.— clause (i); PATING PRIVATE SCHOOLS.—Notwithstanding (1) COMPOSITION.—The Committee shall be (C) address the sharing of data in an in- any other provision of law, a private school composed of— creasingly technological world, including— that enrolls eligible children whose parents (A) 3 individuals appointed by the Sec- (i) evaluations of protections in place for receive funds under this section— retary of Education; student data when it is used for research pur- ‘‘(1) may be a school that is operated by, (B) not less than 8 and not more than 13 in- poses; supervised by, controlled by, or connected dividuals appointed by the Comptroller Gen- (ii) establishing best practices for any enti- to, a religious organization to exercise its eral of the United States, representing— ty that is charged with handling, or that right in matters of employment consistent (i) experts in education data and student comes into contact with, student education with title VII of the Civil Rights Act of 1964 privacy; records; (42 U.S.C. 2000e et seq.), including the exemp- (ii) educators and parents; (iii) ensuring that identifiable data cannot tions in that title; and (iii) State and local government officials be used to target students for advertising or ‘‘(2) consistent with the First Amendment responsible for managing student informa- marketing purposes; and of the Constitution of the United States, tion; (iv) establishing best practices for data de- shall not— (iv) education technology leaders in the letion and minimization; ‘‘(A) be required to make any change in the State or a local educational agency; (D) discuss transparency and parental ac- school’s teaching mission; (v) experts with practical experience deal- cess to personal student information by es- ‘‘(B) be required to remove religious art, ing with data privacy management at the tablishing best practices for— icons, scriptures, or other symbols; or State or local level; (i) ensuring parental knowledge of any en- ‘‘(C) be precluded from retaining religious (vi) experts with a background in academia tity that stores or accesses their student’s terms in its name, selecting its board mem- or research in data privacy and education information; bers on a religious basis, or including reli- data; and (ii) parents to amend, delete, or modify gious references in its mission statements (vii) education technology providers and their student’s information; and and other chartering or governing docu- education data storage providers; and (iii) a central designee in a State or a po- ments. (C) 4 members appointed by— litical subdivision of a State who can oversee ‘‘(h) EVALUATION.—Every 2 years, the Sec- (i) the majority leader of the Senate; transparency and serve as a point of contact retary shall conduct an evaluation of eligible (ii) the minority leader of the Senate; for interested parties; children whose parents receive funds under (iii) the Speaker of the House of Represent- (E) establish best practices for the local this section, which shall include an evalua- atives; and entities who handle student privacy, which tion of— (iv) the minority leader of the House of may include professional development for ‘‘(1) 4-year adjusted cohort graduation Representatives. those who come into contact with identifiable data; and rates; and (D) CHAIRPERSON.—The Committee shall ‘‘(2) parental satisfaction regarding the rel- select a Chairperson from among its mem- (F) discuss how to improve coordination evant activities carried out under this sec- bers. between Federal and State laws. (f) REPORT.—Not later than 270 days after tion. (E) VACANCIES.—Any vacancy in the Com- ‘‘(i) REQUESTS FOR DATA AND INFORMA- the date of enactment of this Act, the Com- mittee shall not affect the powers of the mittee shall prepare and submit a report to TION.—Each school that enrolls eligible chil- Committee and shall be filled in the same dren whose parents receive funds under this the Secretary of Education and to Congress manner as an initial appointment described containing the findings of the study under section shall comply with all requests for in subparagraphs (A) through (C). data and information regarding evaluations subsection (e)(1) and the recommendations (c) MEETINGS.—The Committee shall hold, developed under subsection (e)(2). conducted under subsection (h). at the call of the Chairperson, not less than ‘‘(j) RULES OF CONDUCT AND OTHER SCHOOL 5 meetings before completing the study re- The PRESIDING OFFICER. The Sen- POLICIES.—A school that enrolls eligible chil- quired under subsection (e) and the report re- ator from Washington. dren whose parents receive funds under this quired under subsection (f). AMENDMENTS NOS. 2093 AND 2118 TO AMENDMENT section may require such children to abide (d) PERSONNEL MATTERS.— NO. 2089 by any rules of conduct and other require- (1) COMPENSATION OF MEMBERS.—Each Mrs. MURRAY. Mr. President, I ask ments applicable to all other students at the member of the Committee shall serve with- unanimous consent to set aside the school. out compensation in addition to any such pending amendment to call up the ‘‘(k) REPORT TO PARENTS.— compensation received for the member’s ‘‘(1) IN GENERAL.—Each school that enrolls Franken amendment No. 2093 and the service as an officer or employee of the eligible children whose parents receive funds Kaine amendment No. 2118 en bloc. United States, if applicable. under this section shall report, at least once The PRESIDING OFFICER. Without (2) TRAVEL EXPENSES.—The members of the during the school year, to such parents on— objection, the clerk shall report. Committee shall be allowed travel expenses, ‘‘(A) their child’s academic achievement, The senior assistant legislative clerk including per diem in lieu of subsistence, at as measured by a comparison with— read as follows: rates authorized for employees of agencies ‘‘(i) the aggregate academic achievement under subchapter 1 of chapter 57 of title 5, The Senator from Washington [Mrs. MUR- of other students at the school who are eligi- United States Code, while away from their RAY], for others, proposes amendments num- ble children whose parents receive funds homes or regular places of business in the bered 2093 and 2118 to amendment No. 2089. under this section and who are in the same performance of services for the Committee. The amendments are as follows: grade or level, as appropriate; and (e) DUTIES OF THE COMMITTEE.— AMENDMENT NO. 2093 ‘‘(ii) the aggregate academic achievement (1) STUDY.—The Committee shall conduct a of the student’s peers at the school who are (Purpose: To end discrimination based on study on the effectiveness of Federal laws in the same grade or level, as appropriate; actual or perceived sexual orientation or and enforcement mechanisms of— and gender identity in public schools.) (A) student privacy; and ‘‘(B) the safety of the school, including the (The amendment is printed in the (B) parental rights to student information. incidence of school violence, student suspen- RECORD of July 7, 2015, under ‘‘Text of (2) RECOMMENDATIONS.—Based on the find- sions, and student expulsions. ings of the study under paragraph (1), the Amendments.’’) ‘‘(2) PROHIBITION ON DISCLOSURE OF PER- Committee shall develop recommendations AMENDMENT NO. 2118 SONAL INFORMATION.—No report under this (Purpose: To amend the State accountability subsection may contain any personally iden- addressing issues of student privacy and pa- system under section 1113(b)(3) regarding tifiable information, except that a student’s rental rights and how to improve and enforce the measures used to ensure that students parent may receive a report containing per- Federal laws regarding student privacy and are ready to enter postsecondary education sonally identifiable information relating to parental rights, including recommendations or the workforce without the need for post- their own child.’’. that— (A) provide or update standard definitions, secondary remediation) AMENDMENT NO. 2080 if needed, for relevant terms related to stu- On page 56, strike lines 9 through 12 and in- (Purpose: To establish a committee on dent privacy, including— sert the following: student privacy policy) (i) education record; ‘‘(aa) student readiness to enter postsec- At the end of title I, add the following: (ii) personally identifiable information; ondary education or the workforce without SEC. 1018. STUDENT PRIVACY POLICY COM- (iii) aggregated, de-identified, or the need for postsecondary remediation, MITTEE. anonymized data; which may include— (a) ESTABLISHMENT OF A COMMITTEE ON (iv) third-party; and ‘‘(AA) measures that integrate preparation STUDENT PRIVACY POLICY.—Not later than 60 (v) educational purpose; for postsecondary education and the work- days after the date of enactment of this Act, (B) identify— force, including performance in coursework

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.028 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4926 CONGRESSIONAL RECORD — SENATE July 9, 2015 sequences that integrate rigorous academics, charges the States to work with teach- to award subgrants to projects of their work-based learning, and career and tech- ers, school districts, Governors, par- choice to serve high-need school dis- nical education; ents, and other stakeholders to develop tricts or form partnerships with higher ‘‘(BB) measures of a high-quality and ac- a State-led education plan for all stu- education institutions. States can also celerated academic program as determined appropriate by the State, which may include dents without interference from Wash- use these funds to recruit qualified the percentage of students who participate ington. teachers and instructional leaders in in a State-approved career and technical pro- The bill affirms that the Federal STEM subjects or to develop a STEM gram of study as described in section Government cannot dictate a State’s master teacher corps. 122(c)(1)(A) of the Carl D. Perkins Career and specific academic standards, cur- In recent years, North Dakota has Technical Education Act of 2006 and meas- riculum or assessment. I repeat. The chosen to award funds to projects that ures of technical skill attainment and place- bill affirms that the Federal Govern- partner with our State’s higher edu- ment described in section 113(b) of such Act ment cannot dictate State-specific aca- cation institutions to provide profes- and reported by the State in a manner con- demic standards, curriculum or assess- sistent with section 113(c) of such Act, or sional development opportunities for other substantially similar measures; ments. It affirms local control and ac- K–12 math and science teachers. ‘‘(CC) student performance on assessments countability while maintaining impor- I have worked with Senator KLO- aligned with the expectations for first-year tant achievement information to pro- BUCHAR to craft amendment No. 2138. postsecondary education success; vide parents with information on how Our proposal will give States the op- ‘‘(DD) student performance on admissions their children are performing as well as tion to award those funds to create or tests for postsecondary education; to help teachers target support to enhance a STEM-focused specialty ‘‘(EE) student performance on assessments those who are struggling to meet State school or a STEM program within a of career readiness and acquisition of indus- standards. school. try-recognized credentials that meet the quality criteria established by the State We also recognize that science, tech- STEM-focused specialty schools or under section 123(a) of the Workforce Innova- nology, engineering, and mathe- STEM programs within a school are tion and Opportunity Act (29 U.S.C. 3102); matics—or STEM—education continues those that engage students in rigorous, ‘‘(FF) student enrollment rates in postsec- to play an increasingly important role relevant, and integrated-learning ondary education; in preparing our students for the ca- STEM experiences. Allowing funds to ‘‘(GG) measures of student remediation in reers of tomorrow. go toward a STEM program within a postsecondary education; and In North Dakota, STEM education school will allow successful programs ‘‘(HH) measures of student credit accumu- prepares students to fulfill the work- such as those occurring in our State to lation in postsecondary education; force needs of our dynamic economy, On page 57, line 14, strike ‘‘; and’’ and in- benefit. It will also encourage other sert ‘‘, which may include participation and from the high-tech industries in the school districts to begin their own pro- performance in Advanced Placement, Inter- east to the energy fields in the west. grams. national Baccalaureate, dual enrollment, For example, we have one school dis- So if a school district would like to and early college high school programs; trict, the West Fargo school district, better integrate STEM concepts into and’’. which has created a STEM center for their teaching practices, this amend- Mr. ALEXANDER. Mr. President, I students in grades 6, 7, and 8, and is ment allows those districts to submit a ask unanimous consent that at 5:30 doing an exceptional job of integrating proposal to the State for resources to p.m. on Monday, July 13, the Senate STEM teaching into the classroom. carry out that plan. vote on the following amendments, This school district program started in The Klobuchar-Hoeven amendment with no second-degree amendments in 2009 with 150 students in the sixth and also requires the Education Secretary order to any of the amendments prior seventh grades. Since then, it has been to identify STEM-specific needs of to the votes: Hatch amendment No. expanded to serve eighth grade stu- States and districts receiving funds 2080 and Kaine amendment No. 2118. dents as well. They have also created a and publicize information about those The PRESIDING OFFICER. Without STEM pathway program at the high activities. The Secretary is then di- objection, it is so ordered. school level. The approach focuses on rected to align Federal STEM activi- f project-based learning that connects ties with State and district needs. their school work to solving real world Finally, this amendment directs the MORNING BUSINESS problems through the engineering and U.S. Department of Education to avoid Mr. ALEXANDER. Mr. President, I design process. unnecessary duplication of STEM pro- ask unanimous consent that the Sen- When Senator KLOBUCHAR and I vis- grammatic activities supported by the ate proceed to a period of morning ited the school this spring, we wit- Department and other Federal agen- business, with Senators permitted to nessed students working hands-on with cies. This is important because there speak therein for up to 10 minutes a wide range of technologies at cooper- are so many disjointed STEM activi- each. ative lab stations, including drones and ties and programs throughout our gov- The PRESIDING OFFICER. Without flight simulators. West Fargo students ernment. objection, it is so ordered. have received numerous awards and In a May 2015 report, the nonpartisan The Senator from North Dakota. honors, placing first in the Nation in a Congressional Research Service states f lunar water recycling design competi- that despite recent reductions in the tion sponsored by NASA to excelling in number of Federal STEM programs, re- EVERY CHILD ACHIEVES ACT a number of Web page design and ro- cent estimates suggest there are still Mr. HOEVEN. Mr. President, I thank botics competitions around the coun- between 105 and 254 STEM programs Senators ALEXANDER and MURRAY for try. scattered throughout as many as 15 crafting this bipartisan proposal to re- This education is not just about Federal agencies. These programs ac- form and reauthorize the Elementary teaching students more science, math count for $2.8 billion to $3.4 billion in and Secondary Education Act, the or engineering. This approach reaches spending. These programs have their main source of Federal aid for K- across subjects to promote problem own distinct requirements and obliga- through-12 education. solving, collaboration, communication, tions that allow very little collabora- The Every Child Achieves Act takes and critical thinking skills. tion or coordination. We simply want many important steps to return the au- The Every Child Achieves Act in- to ensure that States and schools are thority of K–12 education back to the cludes a formula grant aimed at pro- aware of the existing efforts underway States and to the local school districts viding State resources to improve to best utilize public resources. and directly to those who are best STEM education. The Improving STEM In conclusion, we believe that this bi- equipped to understand and respond to Instruction and Student Achievement partisan amendment should be agree- what it takes to educate our students. Program provides grants to States to able to both sides and will strengthen Importantly, this bill empowers States improve STEM instruction, student en- the Every Child Achieves Act. In fact, to develop their own education ac- gagement, and increased student I have just been informed that both the countability plans. Instead of a one- achievement in STEM subjects. Under chairman and the ranking member size-fits-all Federal mandate, this bill this program, States have the ability from the HELP Committee and the

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.026 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4927 leaders on this Every Child Achieves mean they are great everywhere in Vir- istering certain tests wrong to stu- Act have included our legislation in ginia. So we had to dig in and look at dents who don’t speak English as their the manager’s package with support whether minority students were per- first language at home. Indeed, some of from both sides of the aisle. forming well or whether rural students my cities and counties had a strategy I want to thank both Senator LAMAR were performing well or urban stu- of phasing students in. If they were ALEXANDER from Tennessee, who is the dents. No Child Left Behind helped us coming from a background where they chairman of the committee and the to do that and not hide behind averages did not speak English at home, they sponsor of the bill, as well as Senator but really make sure that groups of would be tested in special ways for the PATTY MURRAY from Washington, who students were not falling behind either first couple of years they were in the is the co-lead on this legislation, for statewide or in the individual cities school system and then mainstreamed their support of this STEM legislation. and counties. even in the way they were tested. With that, I yield the floor. The second thing No Child Left Be- The Department of Education said: The PRESIDING OFFICER. The Sen- hind did—which is pretty amazing— You cannot do that. You cannot do ator from Virginia. was that before No Child Left Behind these tests differently. Mr. KAINE. Mr. President, I also rise there was not a standardized definition What I would say to the Department in support of the Every Child Achieves of graduation or dropout rates in this of Education: Hey, let me show you the Act and the good work that is being country. So if you wanted to know how SAT scores of my Latino students. Let done in a bipartisan way to move ele- your own city was doing or your own me show you how they are doing when mentary and secondary education for- county was doing or your own State they graduate, that they are some of ward in this country. I applaud Sen- was doing, and if you wanted to com- the highest performing students in the ators ALEXANDER and MURRAY and all pare that against anywhere else, you country. Clearly, if you measure it by HELP Committee members and their couldn’t because everybody was using the outcomes, we are doing it the right staff for the good work that has been their own measure. Usually folks would way. done on this bill, which is hugely im- try to fuzz up the data because they But the Department of Education portant to our Nation’s children but were afraid of being held accountable said: Outcomes do not matter to us. We even more importantly to our economy around graduation rates and dropout worry about the processes and the in- and our global competitiveness. The rates. No Child Left Behind, together puts and the way you provide the tests. fact that we are approaching this in a with some pioneering work from the Well, outcomes should be important. bipartisan manner creates a lot of hope National Governors Association, ended Results should be important. Too and optimism. up standardizing the definition of grad- often, No Child Left Behind was admin- I speak from a number of roles. I was uation and dropout rates, which en- istered in a way where results did not well educated in public, private, and abled us to compare and compete with matter. That is not what should hap- parochial schools myself. My three each other. pen. children have gone through the Rich- Not surprisingly, as President Obama I applaud Senators ALEXANDER and mond public school system, an urban discussed in the State of the Union in MURRAY for this bill because I believe public school system in Virginia, dur- the early part of 2015, our graduation the Every Child Achieves Act gives ing the era of No Child Left Behind. So rates are better than they have ever school districts and States the incen- Federal education policy was coming been because now we can focus on tive to work for the success of all stu- home in their backpack, crumpled up them, we know who is doing well and dents but also the flexibility they need at the end of every day. My wife and I who is not, and that sense of focus and to close achievement gaps. The bill have kind of lived through that with competition is enabling us to move maintains critical annual testing re- them. My wife is the current secretary ahead. quirements to allow us to track of education in Virginia, with the re- But No Child Left Behind also had progress of students, while letting sponsibility of carrying out State and some unintended negative con- States set their own goals for improve- Federal education policy. In my own sequences. The intense focus on high- ment. The bill invests in early child- role, as an elected official—as mayor— stakes testing, which is supposed to hood education, which is critical to education was our biggest expenditure, help you diagnose and then lead to edu- give States the authority to determine and I visited a school in our city every cational strategies down the road— teacher qualifications in those areas. I Tuesday morning. As Lieutenant Gov- sometimes testing has become an end am very glad this bill recognizes there ernor, in the State budget education in itself rather than a means to an end: are factors other than test scores that was our biggest priority, and I visited better student performance. That cre- determine whether our students will be schools in all 134 cities and counties in ates all kinds of stresses on students successful. I applaud this act. I cannot Virginia. Then, as Governor, I had the and teachers and parents. wait to vote for it. opportunity—the great opportunity— Similarly, the focus on I would like to comment on two to work with our State, our teachers, disaggregating student data which amendments I have worked with my our PTOs, and other educational stake- demonstrates that there are achieve- team and my staff member Karishma holders in the Virginia education sys- ment gaps in certain communities, Merchant, who is superb, to put into tem, which 50 years ago was one of the whether it be minority communities or this bill—some that are already in and weakest in the United States, and I am rural or urban areas, has often had the some that I think are forthcoming or proud to say is now one of the best in perverse consequence, when coupled are in the process on the floor. the United States. with high-stakes testing, of encour- The first is the very important chal- I learned a lot as Governor when No aging some of our best and brightest lenge of young people, age 16 to 24, who Child Left Behind was being imple- teachers not to want to go into the are in the most vulnerable time in mented in the schools of my State. I schools where they are most needed. If their lives to being the victims of sex- saw the good and the bad of No Child they feel as if they will be punished be- ual assaults. A kid age 16 to 24—that is Left Behind, and I certainly saw the cause the test scores are not as high the most likely period in their life reason that we need to improve it. with poor kids, for example, then they where they would be vulnerable to any That is what the Every Child Achieves will often choose not to go to those kind of sexual assault or sexual mis- Act does. schools. That is clearly not what we conduct. That is whether they are in First, I will speak about the good meant to do with No Child Left Behind, school, college, the military, the work- things of No Child Left Behind. There but that has been one of its perverse force, or whether they are somewhere are two notable good things that, consequences. else. frankly, are critically important we When I was Governor, I had a very We are spending a lot of time work- maintain. No Child Left Behind made funny—now it is funny; it was not ing on this issue, but this bill contains us disaggregate student data so that we funny at the time—argument with the an amendment I proposed called the couldn’t hide behind averages. Aver- Federal Department of Education. Teach Safe Relationships Act to help ages can be deceiving. Virginia average They absolutely insisted that jurisdic- tackle this issue. Basically, under the test scores are great, but that doesn’t tions in northern Virginia were admin- amendment Senator MCCASKILL and I

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.059 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4928 CONGRESSIONAL RECORD — SENATE July 9, 2015 introduced in February, schools that riculum, because it is core, important that is before our body, the Every are receiving title IV funds must report education. Nations around the world Child Achieves Act. It is so important on how they are teaching safe relation- recognize it. We need to as well. that we focus on this area of education. ship behaviors to students—commu- I have two additional amendments. Two important provisions I asked to nication, understanding what coercion We will consider one Monday night— be included have been included in the is, understanding what consent is, un- the Career Ready Act, which clarifies bill. I want to specifically talk about derstanding how to avoid pressure, un- and encourages but does not require those and again thank both Senators derstanding where to go for help. These the use of accountability indicators in for including those important initia- are matters which we will teach to our State accountability plans to promote tives in this important bill. students at a younger age so they can readiness for postsecondary education One of them is the reauthorization of keep themselves safe. and career readiness. Forty-one States afterschool programs—something I I need to give praise on this one—the already do this. We will encourage have worked on my entire life in Con- idea for this came from students at the more to do it if we pass the career- gress. It goes back a very long time. University of Virginia. I went and vis- ready amendment. Another one is on e-cigarettes, which I ited with them about sexual assaults Second, I have an amendment that I believe are endangering our Nation’s on campus in December. They told me: am still working on and hope to get in youth. We wish we came to campus better pre- on the floor. It is bipartisan by intro- Senator MURKOWSKI was very instru- pared to deal with these issues. duction. Senator AYOTTE and I have mental in the committee, working with I asked them: Well, don’t you take this. It is to create a middle school ca- Senator MURRAY to make sure my bi- sex education classes in high school? reer and technical exploration program partisan After School for America’s They said: Yes, but the classes are called Middle STEP. Kids in the middle Children Act was incorporated in the about reproductive biology. There school years, if they get a broader ex- bill. I thank her. needs to be a little more about safe be- posure to the careers that are available In the Senate, I first introduced my havior and relationship strategies. to them, they will be better equipped afterschool bill in 1997. I worked with I thought, what a great idea. That led to start picking curricular paths when Senator Ensign at that time. The Fed- to the amendment. The amendment they go to high school. eral Government at that time only has now been incorporated. I praise the I am so passionate about the need for funded small afterschool pilot pro- students at UVA who put this on my career and technical education because grams. When we got to 2001, I saw an radar screen. I thank Senators ALEX- I lived it growing up in my dad’s busi- opportunity to take that pilot program ANDER and MURRAY, who worked with ness and teaching kids in Honduras the and turn it into a real, funded author- me to incorporate this in the base bill. value of career and technical fields. ization for afterschool programs. The If we teach young kids the right strate- Everywhere I go in this country, I bill we have on the floor today and gies, whether they are in the military have employers who tell me they need next week will modernize that after- or on college campuses or in the work- workers who are skilled, whether it is school program. It is the 21st Century force or anywhere else, our young stu- allied health professionals, such as Community Learning Centers Pro- dents, 16 to 24, will be safer. EMTs, or culinary training or welding gram, which incorporates afterschool. The second series of amendments— and iron-working training or computer It will help States support quality some have been included and others coding. These career and technical afterschool programs. It encourages pa- have been voted on—one today and one fields that require some postsecondary rental engagement and involvement will be voted on on Monday night—are education but not necessarily a 4-year and ensures that afterschool activities amendments dealing with career and college degree are paths to great liveli- complement the academic curriculum. technical education. hoods. We do not often emphasize them Our kids don’t stop learning just be- I was a principal of a school that enough. This bill will help us do that. cause the clock strikes 2 or 3 or 4; they taught kids to be welders and car- I will close and say this: It has been keep learning. So the afterschool ac- penters. I grew up the son of a guy who 13 years since Congress reauthorized tivities are very important. ran an iron-working shop. I am a huge the Elementary and Secondary Edu- Most important to me is that this believer in career and technical education Act. It is time to update No bill preserves the stream of funding cation. Every job in this country does Child Left Behind, and this is good that is necessary to protect the after- not need the traditional 4-year bach- work to do it. school programs because, to be quite elor’s degree. In fact, there are many President Kennedy said in a message honest, we have had a lot of issues with jobs in this country—and the unem- to Congress in 1961—and these words people trying to grab those funds and ployment rate is still too high—there still ring true: use them for something else. Let me are many jobs in this country that are tell you why we cannot do that. We Our progress as a nation can be no swifter going unfilled. We have to bring weld- than our progresses in education. Our re- now serve more than 1.6 million chil- ers in on foreign visas and other impor- quirements for world leadership, our hopes dren of working families every year tant career and technical fields be- for economic growth, and the demands of through this afterschool program. That cause we don’t adequately promote and citizenship itself in an era such as this all re- is progress. Think about 1.6 million celebrate career and technical edu- quire the maximum development of every children. Think about all of their par- cation. This is similar to the previous young American’s capacity. ents and the relief it brings to them to speech about STEM. That is almost a great 20th-century know they have their children in a I have formed a Career and Technical paraphrase of what a Virginian, Thom- quality afterschool program. Education Caucus, together with Sen- as Jefferson, said in the 1780s: But there are still 11.3 million chil- ators PORTMAN and BALDWIN. We intro- Progress in government and all else de- dren left unsupervised when the day duced the Career Ready Act. Some por- pends upon the broadest possible diffusion of ends. In other words, one in five chil- tions have already been included in the knowledge among the general population. dren is unsupervised from 3 to 6 p.m. bill, and another portion will be voted Those words were true then. Senator Those are the hours where juvenile on on Monday night. But the idea is ba- Kennedy’s words are true. Education is crime peaks and risky behaviors are sically to make career and technical still the path to success for an indi- most likely to occur. Law enforcement education every bit as front-and-center vidual or for a community and nation. and mayors have been telling us for as college prep courses because we We will advance the cause of education years that afterschool programs reduce want our kids to graduate from high and the cause of success if we pass the crime. It truly is a no-brainer. Our kids school both college- and career-ready. Every Child Achieves Act. need a safe place to go after school. Career and technical education is an I yield the floor. Our parents need to make sure their important part of that. The PRESIDING OFFICER. The Sen- kids are safe after school because most Earlier today, we passed an amend- ator from California. parents work in today’s world. ment to make clear that for Federal Mrs. BOXER. Mr. President, I want No matter what leading candidates purposes, career and technical edu- to take this time to thank Senators for the Republican nomination say, cation is not elective, it is core cur- ALEXANDER and MURRAY on the bill today my understanding is Jeb Bush

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.060 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4929 said our workers don’t work hard mously accepted because these e-ciga- 6-YEAR HIGHWAY BILL enough. He said that our workers don’t rettes also contain benzene, cadmium, Mrs. BOXER. Mr. President, next work hard enough. Just talk to the formaldehyde, propylene glycol, and week I hear Senator MCCONNELL may parents of these kids. They are work- nanoparticles that are present in tradi- be coming forward with a highway bill. ing hard, sometimes multiple jobs. tional cigarettes, according to the I pray it is a 6-year bill. Republicans They need to know their kids are safe. California Department of Health. and Democrats voted one out of the I want to talk about one student, So we need the FDA to finalize their EPW Committee—I am proud to say Gerardo Rodriguez, who grew up in rule on e-cigarettes. But in the mean- not one dissenting vote—a 6-year ro- poverty in Los Angeles. He dealt with time, youth use is soaring. We finally bust bill. the threat of violence and the allure of are making progress on reducing smok- I hope we will fund it in a way that gang life. While he was at Carson Mid- ing among teens, and yet this e-ciga- doesn’t cut other jobs, while we are dle School, he chose to join an after- rette situation is out of control. That trying to create jobs in the transpor- school program that was run by the is why I am pleased that in this bill tation industry, but in fact looks at Boys and Girls Club instead of a gang. schools will be able to teach kids about international tax reform, where we can Gerardo went to an afterschool pro- the dangers of e-cigarettes. actually help our businesses and have a gram instead of joining a gang. In sta- In conclusion, again I thank the bill’s tax system that is reformed. The funds tistics, he would be told he was likely managers for helping me get the after- that come in to us go to the highway to be a dropout. Instead, he graduated school language in, protecting our kids trust fund so we can take care of those from Carson High. In 2012, he obtained after school, getting some language in bridges that are falling done and insuf- $3,000 in college scholarships. He is in to make sure we can educate our kids ficient—60,000 of them—the highways his second year at California State against the dangers of a new nicotine that need help, and the roads, 50 per- University, Long Beach, and he is ma- delivery system called e-cigarettes, but cent of which are in disrepair. We need joring in engineering. I also have three more amendments help. We need to save kids like this. Yes, that are pending and I hope will pass. Our businesses need that help. They the parents are working hard, many The first one I talked about was call for that help. They are the con- hours, and they need afterschool help. clarifying that a ban on smoking in crete people, the granite people. They This bill helps those kids. I would like schools includes all tobacco products are the general contractors, they are to do more for more children, but I am such as e-cigarettes. The second the engineers, our workers, and the thankful we are preserving this pro- amendment would prohibit advertising construction workers. We still have gram. e-cigarettes to children. When you see 200,000 of them out of work since the Our working families need to know this—I am sorry I didn’t bring the great recession. their kids are safe because there are charts to the floor—they are using car- We need a 6-year highway bill. We more than 28 million parents of school- toon characters, the same kind of thing need it now. We need it funded in a age children who are employed, includ- that was done by the big tobacco com- smart way that helps our economy ing 23 million who work full time. panies. Big Tobacco is behind this, let’s keep on growing. So there is a lot of These parents miss an average of 5 be clear. We don’t need another epi- work ahead. days of work a year because they don’t demic that starts killing our people be- I wish to take this opportunity to say have afterschool care and their child fore we finally turn the corner on reg- thank you to Senator ALEXANDER and gets sick. We all know that. We have ular smoking. Senator MURRAY—and a hopeful re- all gone through that. Our children quest to Senator MCCONNELL that the have gone through that. So it was 30 bill that comes to the floor on the years ago when I started to work on f highways is one which we can all em- this issue. brace, and we can take care of this I again thank Senators ALEXANDER COLLEGE CAMPUS SEXUAL great Nation because, I will tell you, and MURRAY for preserving afterschool ASSAULT there isn’t a great nation on Earth that care for our children. Mrs. BOXER. Mr. President, the last doesn’t have an infrastructure to f amendment I have is a different sub- match. E-CIGARETTES ject, and it deals with college campus You have to move goods, you have to sexual assault. It would simply say Mrs. BOXER. Mr. President, I also move people, and if you can’t do that, that every college campus should have thank Senators ALEXANDER and MUR- we simply can’t keep up in this global a confidential, independent advocate to RAY for including my provisions on a economy. help sexual assault survivors every dangerous product that is gaining pop- I yield the floor. step of the way. ularity among our children, e-ciga- I suggest the absence of a quorum. rettes. The language in the bill allows I am proud to say that my legislation The PRESIDING OFFICER. The schools to use their same Federal fund- has been voluntarily adopted by uni- clerk will call the roll. ing that goes toward alcohol, drug, and versities in my home State of Cali- The legislative clerk proceeded to tobacco education to teach children fornia, including the University of call the roll. about more novel tobacco products California, the State college system, Mr. UDALL. Mr. President, I ask such as e-cigarettes. and the community college system, to unanimous consent that the order for According to the CDC, youth use of e- the extent they can deal with it, be- the quorum call be rescinded. cigarettes has tripled in 1 year from cause there is a lot of discretion in The PRESIDING OFFICER. Without 2013 to 2014. Let me tell you, our kids that particular group of colleges. But I objection, it is so ordered. are not getting accurate information. haven’t heard from the private colleges f There is advertising that is aimed at in California. them that makes it sound like this is So all we are saying in this amend- EVERY CHILD ACHIEVES ACT just a wonderful opportunity for them. ment is let’s make sure every college Mr. UDALL. Mr. President, Nelson What are our children being exposed campus that gets Federal funds sets up Mandela once said there can be no to? It is not just nicotine—clearly, e- a confidential advocate for women—for keener revelation of a society’s soul cigarettes are a nicotine delivery sys- men as well who are also victims of than the way it treats its children. tem—but even more. sexual assault—so that from the begin- Every child deserves a fair chance. If Now the Surgeon General has said ning of their complaint they have a we fail at taking care of our children, nicotine has a negative impact on ado- friend, they have a confidant, and they we fail at everything else. So the lescent brain development. So for God’s have someone who knows their rights stakes are high as we work to reform sake, let us stop our kids from being with them every step of the way. I the No Child Left Behind Act. Too able to smoke e-cigarettes on campus. would be so proud to see this included. many children are left behind. The I have an amendment that would do I thank the Presiding Officer for his Every Child Achieves Act is a step for- just that, and I hope it will be unani- endurance on this little talk. ward.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.062 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4930 CONGRESSIONAL RECORD — SENATE July 9, 2015 I thank Senator ALEXANDER and Sen- literacy, rural school districts, and 21st The legislative clerk proceeded to ator MURRAY for working so hard on century community learning centers. call the roll. this bill. It is bipartisan, and it is an It ensures that tribal leaders can teach Mr. ROUNDS. Mr. President, I ask opportunity for real progress in edu- native languages in their schools— unanimous consent that the order for cating our children. something I have long pushed for. It the quorum call be rescinded. My dad used to say get it done, but also supports vital school and commu- The PRESIDING OFFICER. Without get it done right. When we say ‘‘every nity public-private partnerships. These objection, it is so ordered. child succeeds,’’ we have to mean it— are much needed reforms and will f every child, including those in the make a difference to children and fami- S. 1722 poorest and most vulnerable commu- lies in my State. nities. That is what we must do. This is Our goal is clear: to reach all stu- Mr. ROUNDS. Mr. President, I rise to the bill we must pass. dents, especially those who need the speak concerning the Dodd-Frank Act, I am cautiously optimistic, but I most support to succeed in school. which mandates the creation of 398 new would remind my colleagues, we can- In New Mexico, three out of four of rules. These rules are still in the proc- not keep playing catchup. I have met our schools are title I schools. They ess of being implemented, but already with child well-being experts in New face great challenges. Many students we have seen capital moving from pro- Mexico and across the Nation. They are are low income. Many have special ductive uses to inefficient and unpro- very clear. Early intervention is key. needs. We have to make sure they have ductive uses as a result of this law. The For too many children, there are too the resources they need. This has to be end result is that every dollar going to many hurdles and too little hope. Our a priority, and it starts with good comply with these rules is a dollar that commitment has to begin early and has teachers. can’t be productively invested in our to stay the course. We aren’t going to recruit great economy by providing loans or mort- In New Mexico, almost one in three teachers—especially in schools with gages to customers or purchasing ma- children lives in poverty. One in five the greatest need—if we unfairly pun- chines or, for that matter, hiring new goes to bed hungry. We are ranked next ish those teachers for poor student per- employees. For example, at a recent to last in education, last in overall formance. There has to be flexibility, Senate banking committee hearing, child well-being. That is absolutely un- especially early on. the comptroller for Regions Bank testi- acceptable. The future of my State, for Our first obligation is to students— fied to us that the bank now employs our children and for our economy, de- all students. We are accountable to more compliance employees than ac- pends on changing it. them and their parents, and we need to tual loan officers. This is not only bad Earlier this year, I introduced the keep applying pressure, while pro- for Regions Bank, it is harmful for our Saving Our Next Generation Act for viding support, to States and school entire economy. full funding for programs that work, districts to ensure that truly no child Unfortunately, we see examples of that work on a daily basis, work in our is left behind. But we can’t just test for overregulation stemming from Wash- communities for critical prenatal care, failure; we need to plan for success. We ington way too often. Another example and for Healthy Start and Head Start. should build on what works and leave of an unnecessary and redundant rule Too little too late doesn’t work. The behind what doesn’t. But don’t leave that costs businesses capital is the so- result is wasted opportunity and con- behind good students or those teachers called pay ratio rule buried in section tinued failure. Children need to arrive who dedicate their lives to helping 953 of Dodd-Frank, and today I come to at school ready to learn and able to re- them. the Senate floor introducing legisla- alize their full potential. tion to repeal it, S. 1722. Pay ratio re- That is why I also emphatically sup- Now is the time for reform—to ensure that standards are strong and, if quires the Securities and Exchange port Senator CASEY’s strong start Commission to promulgate a rule re- amendment for pre-K education for not met, efforts are in place to help quiring companies to calculate the me- every child. Early learning is critical. those students, to make sure parents and teachers know how students are dian salary of all their employees and Senator CASEY’s amendment would ex- then divide their CEO’s pay by that pand and improve those opportunities performing every year, and to give number. for children from birth to age 5. States and school districts the support We need to ensure all students get to succeed. According to one prominent organi- the same opportunities. I have intro- Let’s be clear. We face troubling and zation in support of this rule, the pur- duced an amendment that provides chronic achievement and opportunity pose of it is to ‘‘shame companies into support for Native American schools. gaps. Every school must address this lowering CEO pay.’’ Forcing companies The Bureau of Indian Education func- and be held accountable. Now is the to move money from productive uses tions as a State education agency and time to address resource inequities. toward re-creating information that is has 50,000 students in it, but it is not Now is the time to invest in what already available so they can be funded as one. It often loses out on works. Now is the time to make sure shamed is a poor use of financial re- grants and other Federal funding. We we are not taking resources away from sources. In addition, it is also redun- have to change that. students, schools, and districts with dant. CEO pay is already public. If any- Both sides have worked to improve the greatest need. Parents deserve to one is interested in finding the salary this bill. I am pleased it has several know that when children fall behind, of a CEO of a public company, that in- measures that I have long fought for. their schools will take action and that formation is easily available thanks to For example, healthy children are an we have the resources to do so. already existing disclosures. Also, both investment in our future. Their health But it isn’t just schools that must the Bureau of Labor Statistics and pri- education should be a priority, not an act. So must we act—the Congress, par- vate economists already track the av- afterthought. The bill includes my ents, and communities. We all have a erage salary for a wide variety of jobs. amendment to make health a core sub- stake in this, and we share the same If we know the salary of a company’s ject. goal—to protect at-risk students, to CEO and we know what their business In addition, we know that too many provide accountability for taxpayer does, we can already calculate a com- students, especially in minority com- funds, and to make sure that every pany’s pay ratio. In fact, labor unions munities, are not graduating. In my child has a fair chance. and private Web sites are already mak- State, one-fifth of high school students I want to again commend my col- ing these calculations. drop out every year. Many who drop leagues on both sides of the aisle for Unfortunately, the result of the pay out are teen parents. My amendment bringing this legislation to the floor. ratio rule is more than just an aca- provides critical support to these stu- Working together we can provide all demic exercise; according to the SEC, dents. We need to do all we can to help students with the education they need. companies will have to spend $73 mil- them stay in school and to raise With that, I suggest the absence of a lion per year to comply with this rule. healthy children while they do so. quorum. And the U.S. Chamber of Commerce es- The Every Child Achieves Act The PRESIDING OFFICER. The timates the cost will be higher—as strengthens STEM education, financial clerk will call the roll. much as $700 million per year or more.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.064 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4931 If we take those two numbers and split U.S. Senate. It has been a long time High quality and early learning can the difference, if we add them up and since that has happened. double a child’s cognitive development. divide them, we get $386 million per I thank the folks who have made it In the long term, high-quality early year as an average estimate just to possible for us to get to this point to learning—we want to emphasize ‘‘high comply with this one single rule. consider an amendment like this and quality.’’ I didn’t say just any program Taking a look at this rule, let’s use to have this debate about the larger or any kind of curriculum. We will talk our own pay ratio test. In 2014, the Bu- legislation but also about this amend- more about that later. High-quality reau of Labor Statistics calculated ment, in particular. Senator ALEX- early learning contributes to, among that the annual mean wage was $47,230. ANDER and Senator MURRAY were lead- other things, No. 1, a reduction in the If we divide $386 million, which is the ing the effort to consider the Every need for special education; No. 2, lower cost of complying with the pay ratio Child Achieves Act, but also, in par- juvenile justice rates; No. 3, improved rule, by $47,230, which is the mean an- ticular, I again salute Senator MURRAY health outcomes; No. 4, increased high nual wage for workers, we get the num- for her many years, as you might call school graduation and college matricu- ber 8,172. This means that on average it, laboring in the vineyards of early lation rates; and, No. 5, increased self- we could pay 8,172 people their full sal- learning, as she has done on so many sufficiency in productivity among fam- ary for the amount of money it takes other issues—since the first stage, she ilies. These aren’t just assertions. to comply with the pay ratio rule. Re- has been in the Senate working on These are the results of many years of member, this is only one of 398 such early learning. I thank Senator HIRONO study. rules found within Dodd-Frank, a num- for her work on this issue as well, in I will turn to the first chart for ber of which have not even been imple- proposing legislation which has come today. No. 1, high-quality early learn- mented yet. together now after a lot of years of ing means children can earn as much The money they would use to do this work by a number of us in the Senate. as 25 percent more as adults. This is has to come from somewhere to pay for We are grateful for their contribution. where early learning has a direct and the new compliance systems required I also ask unanimous consent to add substantial correlation to higher wages to follow this rule, taking away much Senator BOOKER as a cosponsor. down the road. No. 2, early learning needed capital from businesses that The PRESIDING OFFICER. Without leads to healthier and more productive could otherwise invest money growing objection, it is so ordered. lives. There is no question about that. their business and creating job oppor- Mr. CASEY. Mr. President, what this Some of the best research on this has tunities. It is a waste of time, effort, comes down to is something very fun- been done lately and should be part of and money. damental. The basic link between the discussion. No. 3, high-quality The legislation I introduced yester- learning and earning—if children learn early learning also leads to children day simply strikes this rule in Dodd- more now or learn more when they are who are less likely to commit a crime. Frank. It does nothing to change any very young, they are going to earn a All the data shows that over many other part of the law. Repealing the lot more down the road. They are going years now. No. 4, high-quality early pay ratio rule would allow companies to do better in school. They are going learning means children are more like- to find more productive uses for their to succeed in progressing in school in a ly to graduate from high school. time and money so they can invest in way we would hope, no matter where We need to get that number up across the future and create job opportunities. they live and no matter what their cir- the country. We hope that will lead to I am committed to relieving Ameri- cumstances, if we make the commit- more young people finishing high cans from this and other unnecessary ment to those children. Because of that school and getting higher education, and burdensome regulations during my success and progress and learning, they but that doesn’t always mean a 4-year time in the Senate. I encourage my col- will learn more down the road. We degree. It might mean a 2-year degree. leagues to join me in this effort. know a more developed education leads It might mean a community college. It Mr. President, I yield the floor. to great success in school and also might mean a technical school. They I suggest the absence of a quorum. leads to a better job down the road. can’t get to a community or technical The PRESIDING OFFICER. The This isn’t simply a commitment to a school or any kind of higher education clerk will call the roll. child. It certainly is that first and fore- unless they graduate from high school. The bill clerk proceeded to call the most, but it is also a commitment to We want to make sure we have pro- roll. our long-term economic future. If you grams that do that. Kids learn more Mr. CASEY. Mr. President, I ask want higher wages and you want better now and earn more later. That is the unanimous consent that the order for jobs and you want a growing economy first reason to do this. It has a positive the quorum call be rescinded. and you want America not only to impact on that child and a substan- The PRESIDING OFFICER. Without compete in a world economy but tially positive impact on the economy. objection, it is so ordered. outcompete and have the best work- The other way to look at this is what f force, the best workers in the world, we would happen in the absence of this have to make sure we have the best kind of commitment, which we don’t EVERY CHILD ACHIEVES ACT education system. That starts long behave right now as a nation. I think it Mr. CASEY. Mr. President, I rise to fore a child gets to first or second is a strategic imperative that we have speak on an amendment that has great grade and even starts before they get a commitment to early learning. But significance for our country. It is about to kindergarten. That is why I refer to what happens if we don’t? We can spend early learning. I will give you the for- this as pre-K or prekindergarten edu- upward of $40,000 per inmate on incar- mal name of the amendment so we cation. If they learn more now, they ceration, thousands of dollars on drug have it for the record: Casey amend- will earn more later. We have to make treatment and special education. What- ment No. 2152, the strong start for sure we bear that in mind. ever the challenge is, those problems America’s children amendment, which As we debate the appropriate role of become worse the longer we don’t is an amendment to the Every Child the Federal Government to ensure that make this commitment. That is one Achieves Act that will establish a Fed- all students in the Nation graduate option. eral-State partnership to provide ac- from high school prepared for college The other option is to spend a frac- cess to high-quality and public pre- and career, we cannot forget about this tion of that $40,000 on high-quality prekindergarten education for low- and basic piece of the puzzle that begins be- school and give children the good and moderate-income families. fore that child enters kindergarten. smart start they need in life. It is that We have had a debate, especially over In the short term, students enter kin- old adage: An ounce of prevention is the last couple of days, about our com- dergarten more prepared and ready for worth a pound of cure. mitment to basic education, so-called elementary school if we pass legisla- We often have the best testimony elementary and secondary education. tion like the amendment I am pro- from folks in our home State. I want to As part of that, I think it is the time posing. Some studies have even shown read one of those pieces of testimony. to finally, at long last, have a debate high-quality early learning can help This is a letter I received. I will not about early learning on the floor of the double a child’s cognitive development. read the whole letter. I want to refer to

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.066 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4932 CONGRESSIONAL RECORD — SENATE July 9, 2015 a couple of individuals from Pennsyl- opportunity for high-quality early children served. So my amendment vania. Heather is from Southwestern learning, and it would give them access would benefit 3 million children across Pennsylvania, and she wrote to us to those kinds of programs. the country and almost 94,000 children talking about her child. She is talking My home State of Pennsylvania has in Pennsylvania. In Ohio, 118,760 chil- about the fact that her daughter is en- made strides in this direction at the dren would benefit from this program. rolled in a high-quality pre-K program. State level. That is the good news. The Even a very large State that might not These are positive testimonials about bad news is that they have not made have the investment we would hope, a the impact on the child and on the anywhere near the strides we need to State such as Texas, has 299,902 chil- family. Heather, from southwestern make. We are nowhere near 50 percent dren—let’s just round it off and call it Pennsylvania, wrote to us and told us of our children in these kinds of pro- 300,000—who would benefit. that her daughter is enrolled in a high- grams. So because of that, because of This chart shows the number of chil- quality pre-K program. These letters that void or that deficit, the number dren who would benefit, and I believe it are positive testimonials that describe for Pennsylvania in terms of benefits is is long overdue that we made this com- the impact this program has on a child high. It is estimated that 93,930 chil- mitment to our children. and family. dren in the State of Pennsylvania The State would have to match, and Heather says in pertinent part: could benefit from this amendment that is why I mentioned it at the be- My daughter has blossomed since starting being enacted into law. ginning. This is a Federal and State the PA Pre-K Counts program . . . she loves Mr. President, I ask unanimous con- partnership. And we know if that hap- it!! She sings us songs she learns daily and sent that the document entitled ‘‘Five- pens, the full-day preschool would be has made lots of friends daily she tells us Year Estimates of Federal Allotments available for 4-year-olds—that is the how much she loves her school and her and the Number of Children Served By age category we are focused on—from teachers! Casey Strong Start Amendment’’ be families earning 200 percent below the It goes on from there. printed in the RECORD. Federal poverty level. So if it is a fam- Another letter from Dorie D., also There being no objection, the mate- ily of four, 200 percent is a little less from the southwestern corner of our rial was ordered to be printed in the than $49,000 of family income. State, out near Pittsburgh, says: RECORD, as follows: Earlier, I mentioned quality. We Our daughter has blossomed since starting don’t want to just have programs set FIVE-YEAR ESTIMATES OF FEDERAL ALLOTMENTS AND THE the PA Pre-K Counts program. Having this up around the country—a Federal and NUMBER OF CHILDREN SERVED BY CASEY STRONG program available to us has helped us see State partnership and have a program. START AMENDMENT how our child learns best. That would be nice, but it won’t ad- She goes on to say: (funding in dollars) vance the goal of the best possible She is just so much more animated and learning. We want high-quality pro- State Federal Allotment $ Estimated open to learning now. Children Served grams. So we insist that the programs We get letters like these all the time Alabama ...... 429,922,966 51,804 be ones that have teachers with high about the positive impact of early Alaska ...... 130,998,000 15,643 qualifications who are paid comparably Arizona ...... 656,508,117 80,170 learning. This is testimony from people Arkansas ...... 315,518,722 34,630 to K-through-12 teachers. We would who are directly affected by it. California ...... 3,139,171,848 356,816 also insist that there be rigorous Colorado ...... 366,496,715 43,250 One way to look at this is from the Connecticut ...... 199,660,755 21,673 health and safety standards for these testimony of families. Another way to Delaware ...... 130,998,000 15,789 District of Columbia ...... 130,998,000 12,666 programs, such as small class sizes and look at it is from the data. One of the Florida ...... 1,440,455,110 161,553 low child-to-staff ratios, and instruc- best authorities is Dr. James Heckman, Georgia ...... 917,616,106 101,756 Hawaii ...... 130,998,000 16,099 tion that is evidence-based and devel- the Nobel Prize-winning economist who Idaho ...... 153,654,734 18,800 opmentally appropriate. We don’t want estimates that the return on high-qual- Illinois ...... 961,484,302 108,064 Indiana ...... 530,095,397 65,147 to have just any curriculum; we want ity early learning is as high as $10 for Iowa ...... 241,549,933 26,707 to have the best curriculum that is Kansas ...... 259,275,568 30,942 every $1 we invest. Another study of Kentucky ...... 411,598,742 47,475 based on evidence that it works and the Perry Preschool Project in Michi- Louisiana ...... 455,185,965 52,223 also evidence-based comprehensive Maine ...... 130,998,000 15,427 gan showed a return of $17 for every $1 Maryland ...... 361,451,446 40,378 services for children. spent. So when you spend a buck on Massachusetts ...... 268,510,976 30,552 This amendment acknowledges that Michigan ...... 704,261,046 82,020 early learning, you get 17 bucks in re- Minnesota ...... 344,519,863 41,581 high-quality pre-K programs should be turn. This study has been on the record Mississippi ...... 341,868,957 42,015 inclusive of services for children with Missouri ...... 448,967,945 54,565 for many years, and unfortunately Montana ...... 130,998,000 16,099 disabilities as well and recognizes the some elected officials haven’t taken it Nebraska ...... 147,742,118 17,666 need for increased funding to specifi- Nevada ...... 252,190,201 30,808 to heart. New Hampshire ...... 130,998,000 16,099 cally serve these children in early The data of return on investment is New Jersey ...... 448,992,376 42,744 childhood. New Mexico ...... 227,159,310 27,175 overwhelming and indisputable. So if New York ...... 1,234,026,608 137,136 There are other aspects of the pro- we want to measure this in terms of North Carolina ...... 872,086,515 101,598 gram I do not have time to discuss North Dakota ...... 130,998,000 16,099 dollars, there is all of the evidence in Ohio ...... 976,595,679 118,760 right now, but I wanted to address an the world. I think the evidence and the Oklahoma ...... 323,544,733 34,739 issue some people have brought to my Oregon ...... 292,466,846 33,472 testimony from parents is even more Pennsylvania ...... 817,003,895 93,930 attention. This program is a new com- persuasive, but if we want to do a dol- Puerto Rico ...... 453,536,785 55,738 mitment by the United States of Amer- Rhode Island ...... 130,998,000 16,035 lar comparison, there it is—17 bucks South Carolina ...... 514,947,370 61,478 ica, and even folks who say this is a returned on 1 buck of investment in South Dakota ...... 130,998,000 16,099 really good idea ask: How do you pay Tennessee ...... 585,849,905 68,313 early learning. Texas ...... 2,670,071,687 299,902 for it? The same research found that chil- Utah ...... 283,952,191 34,897 Well, we have a pay-for. There is a Vermont ...... 130,998,000 15,224 change to the Tax Code, which I think dren who participated in high-quality Virginia ...... 461,782,685 53,967 early learning earned approximately 25 Washington ...... 511,392,470 60,180 a lot of folks would support because of West Virginia ...... 150,649,562 15,676 what we have seen over the last couple percent more per year than those who Wisconsin ...... 455,857,852 50,212 did not. Wyoming ...... 130,998,000 16,099 of years. To pay for this, we would put So study after study looking at full- Total ...... 26,199,600,001 3,017,891 limits on the ability of American com- day learning programs across the coun- panies to invert and move their tax Notes: Table prepared by the Congressional Research Service. Estimates try have found a positive impact on the were developed using assumptions and some may not be subject to change. domicile overseas to reduce their tax future earnings of participants, and in Estimates of children served assume the cost of serving each child would liability. That is a long way of saying some cases the benefit just from in- be $9,000 per child in every state. we would make it more difficult for creased wages could be as high as 3.5 Mr. CASEY. That is a list of the dol- companies to engage in this so-called percent per year. So this does have a lar amounts that States would receive inversion strategy which allows them, direct correlation to wages. My strong under this. They have to choose to par- through a loophole, to pay less taxes start amendment would help more than ticipate, but if they did, they would because they move operations into a 3 million American children have that have not just the dollars for it but the smaller company that is foreign owned.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.067 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4933 I believe we should make it more dif- 36. The Committee for Children and talk to them. But the over- ficult for companies to do that. If they 37. The National Down Syndrome Congress whelming majority of Americans say want to do that—I don’t like when they 38. Tourette Association of America we need to do more to give children the do that, and not many people like it— 39. Zero to Three opportunity to be prepared to learn and we should at least make it a little Mr. CASEY. Just a couple of more therefore to have a strong start in more difficult. If we make it more dif- points, and I will move on. their education and down the road to ficult for companies to do what we Even with these recent gains, accord- literally earn more when they are hope they wouldn’t, that will actually ing to one of the national groups that working. lead to a savings in revenue. track this data, the National Institute This support runs across all parties— It would make a lot of sense for of Early Education and Research, 55 percent of Republicans, 63 percent of American companies that believe they NIEER, shows that only 4 in 10 Amer- Independents, and 73 percent of Demo- should move overseas to help us pay for ican 4-year-olds are enrolled in public crats. early learning. I think that makes all pre-K and fewer than 2 in 10 3-year- When asked about a similar proposal the sense in the world if we are com- olds. Let’s just focus on the 4-year- to the one in my amendment, 7 in 10 mitted to early learning and if we are olds. Four in ten 4-year-olds are in Americans, including 67 percent of Re- committed to making sure we can pay these kinds of programs. publicans, support it. So it has over- for the program. The amendment itself I don’t know how we can compete whelming support. is paid for by dealing with this loop- and have the best workforce in the I will end with the words of the folks hole or dealing with part of an advan- world and develop the highest skill who know the benefit of these pro- tage companies have. level in the world for our future if we grams already—some of the parents This amendment is supported by don’t make a commitment to early who wrote to us. There are two more nearly 40 national organizations, from learning. I don’t know how else we can letters I will cite. unions, to parent education and early get there over time if we are going to The next testimonial is from Beth. learning groups, disability advocacy continue to talk a good game about She is from Washington County, PA. groups, and civil rights groups. early learning. And to listen to the tes- She expresses gratitude for the Penn- Mr. President, I ask unanimous con- timony of parents, CEOs, and business sylvania pre-K program. She says: owners who come to us year after year, sent to have the full list of endorsing My daughter has learned so much. Before in addition to talking to us about tax- organizations printed in the RECORD. the start of PA Pre-K Counts, she couldn’t There being no objection, the mate- ation and other issues—they say: write any of her letters or even recognize rial was ordered to be printed in the Please, please make an investment in them. She has improved so much since the early learning. Some of the biggest first day of class. It has given her socializa- RECORD, as follows: companies in Pennsylvania and some of tion with other kids her age. List of Organizations Endorsing Casey Amendment #2152 to S. 1177—The Strong the biggest companies in the world She goes on to tell how much that Start for America’s Children Amendment have come to us and said that. Whether means to her family and how much 1. American Federation of State, County, it is a CEO or a parent or an educator, that means to her daughter. and Municipal Employees they all believe we have to finally, at Finally, Megan, who is from the 2. American Federation of Teachers long last, make a commitment to early other end of the State, southeastern 3. American Federation of School Adminis- learning as a nation because it is a Pennsylvania in Montgomery County, trators strategic economic imperative. says in part that her son ‘‘came into 4. Bazelon Center Even in Pennsylvania, where I men- this program shy and with very little 5. Child Care Aware America tioned before that we made some verbal communication. He now talks 6. Center for American Progress Action strides over basically the last decade or Fund nonstop and loves learning!’’ 7. Center for the Collaborative Classrom 15 years, we rank 10th in the amount of I have only read brief excerpts from 8. Children’s Defense Fund State resources invested. That is kind letters we have received. 9. Center for Law and Social Policy of good news but not enough. Pennsyl- Here is the point: If a child enters a 10. Collaborative for Academic, Social, and vania is still only able to serve less program and by the end of that is curi- Emotional Learning than 10 percent of all 3- and 4-year-olds ous about learning, that is a huge suc- 11. Common Sense Kids Action in State funding for early learning. cess. If a child enters a program not 12. Easter Seals I think that at the same time we can knowing her letters and by the end of 13. Education Law Center make the academic arguments—the ar- 14. First Five Year’s Fund that she is learning and achieving, that 15. First Focus Campaign for Children guments by parents and educators and is something we can all be positive 16. Leadership Conference on Civil and CEOs—we also know that the national about. Human Rights data and polling show it is something The first letter I read talked about 17. Learning Disabilities Association of the American people support as well. the way one mother’s child was singing America The American people understand the songs that she learns daily. Whatever 18. National Association for the Advance- vital importance of increasing invest- it is, whether it is singing or learning ment of Colored People ment in early learning. letters or reading, these children are 19. National Association for the Education A national poll conducted last year of Young Children learning because of a good program. It 20. National Association of Councils on De- by the bipartisan team at Public Opin- didn’t just happen by accident. It hap- velopmental Disabilities ion Strategies and Hart Research pened because they are in a high-qual- 21. National Association of Elementary showed that 64 percent of Americans ity program. It happened because in School Principals believe we should be doing more to en- some communities they made the deci- 22. National Association of School Psy- sure that children start kindergarten sion to invest in the future of that chologists ready to do their best. child and the future of our economy. 23. National Association of State Directors Here is another way to summarize it. So let’s take a step with this amend- of Special Education This chart shows voters who say we ment to allow children to learn more 24. National Black Child Development In- stitute should be doing more to ensure that now so they can earn more later and 25. National Center for Families Learning children start kindergarten ready to do help us move into the future in a very 26. National Council of La Raza their best, and virtually no one else positive direction for our children, for 27. National Urban League says we should do less. Those who say our families, and for our economy. 28. National Women’s Law Center we should do more to ensure our chil- I yield the floor. 29. National Education Association dren start kindergarten ready to learn The PRESIDING OFFICER. The Sen- 30. Nemours Children’s Health System and ready to do their best—64 percent. ator from Wisconsin. 31. Parents as Teachers Twenty-seven percent say we should do Ms. BALDWIN. Mr. President, I rise 32. School Social Work Association of America enough. We have to persuade some of to speak in strong support of an 33. Service Employee International Union those folks in green. Only 4 percent say amendment to this underlying bill that 34. Teach For America we should do less. I don’t know who addresses resource equity in our Na- 35. Teaching Strategies those folks are. I hope I can meet them tion’s schools. I am proud to have

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.069 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4934 CONGRESSIONAL RECORD — SENATE July 9, 2015 worked across party lines to join my forming schools in my home State is 12 in west Texas in the ag sector who colleagues in supporting this bipar- percent. The average in all other were very interested in what we were tisan amendment, particularly to have schools in the State is 51 percent. That doing here in Washington on trade pro- worked with Senators KIRK, REED of is a huge gap; it is a 40-percent gap. motion authority, as we have worked Rhode Island, and BROWN on this meas- There is also a 37-percent gap for read- with the President on a bipartisan ure. It is an improvement to the longing and language arts proficiency and a basis to pass this structure by which overdue reauthorization of the Elemen- 31-percent gap in graduation rates. the next big trade agreement—the tary and Secondary Education Act that We cannot close those achievement Trans-Pacific Partnership—will be con- we have been debating over the course gaps if we do not provide all students sidered and voted on. of this week. with equal access to core educational I do have a bias. I think experiments The Every Child Achieves Act impor- resources. That is why I am pleased to in policy are best conducted at the tantly focuses on ensuring that those join Senators KIRK, REED, and BROWN State level, not at the national level. students most in need have access to a in offering this opportunity dashboard We have seen, for example, as the Pre- high-quality education. It continues to of core resources amendment. This siding Officer knows, a huge experi- ensure that title I funds flow to school amendment requires each State to re- ment in health care reform where, districts where Federal support can port what key educational resources under the Affordable Care Act, one- make the greatest impact and the most are currently available in districts sixth of our economy was effectively difference. It requires States to report with the highest concentrations of mi- commandeered by the Federal Govern- key information that will help us iden- nority students and students in pov- ment in a one-size-fits-all approach. Of tify disparities such as per-pupil ex- erty. Then it requires them to develop course, the results were much worse penditures, school discipline, and a plan to address the disparities that than even its most ardent opponents teacher and educator quality. But I be- are shown to exist. It gives States predicted. Many of the basic promises lieve we must further strengthen those flexibility to develop those plans and that were made in order to sell the Af- reporting requirements in order to lay out a timetable with annual bench- fordable Care Act simply aren’t true. fully ensure that the range of critical marks for taking action, and it pro- They haven’t come to pass. school resources—from quality teach- tects a parent’s right to know about So I think it is helpful to do just the ers, to rigorous course work, to well- the critical educational resources that opposite. Rather than experiment at conditioned and equipped school facili- are available to his or her child. the national level with what kinds of ties—is being equitably distributed As we work to reauthorize the Ele- policies actually work, let’s try these among school districts in a given mentary and Secondary Education Act at the State level. Indeed, on the mat- State. And we must require States to in its 50th year, we have yet to see its ter of trade, I would say I come from a demonstrate how they will act to ad- promise of equal access to educational State that is the No. 1 exporting State dress disparities among schools. opportunity fulfilled for all of Amer- in the country, and that is one reason Despite the advances we have seen ica’s students. As we look to the next why our economy grew last year— since President Johnson signed the El- half-century of supporting public edu- 2014—at 5.2 percent. The economy ementary and Secondary Education cation, it is critical that we take steps across the United States grew at 2.2 Act into law 50 years ago, significant to ensure that all children have access percent. There are a lot of reasons for gaps in achievement and opportunity to the educational resources that will that difference, but don’t we think it still exist. The U.S. Department of help them succeed, regardless of race, would make some people curious about Education’s Office of Civil Rights re- ethnicity, or family income. whether there were actually policies or cently published data from a com- I understand there may be a vote on practices at the State level that pro- prehensive survey of schools across the this amendment early next week. I cer- duced a better result—a growing econ- Nation that illustrated the magnitude tainly hope so. I urge my colleagues to omy with rising wages and more jobs? of the problem. For example, the report support this very important bipartisan This isn’t just me being proud of describes how Black, Latino, American effort. where I come from. I guess people are Indian, and Native Alaskan students Thank you, Mr. President. accustomed to Texans being proud of and English learners attend schools I suggest the absence of a quorum. their State and bragging about it. That with higher concentrations of inexperi- The PRESIDING OFFICER. The is just kind of who we are, and we ac- enced teachers. clerk will call the roll. Furthermore, nationwide, one in five The senior assistant legislative clerk cept that. But this is more than that. high schools lacks a school counselor, proceeded to call the roll. This is talking about the policies that and between 10 and 25 percent of high Mr. CORNYN. Mr. President, I ask actually work, that have been em- schools across the Nation do not offer unanimous consent that the order for braced and implemented here at the more than one of the core courses in the quorum call be rescinded. national level, once tested at the State the typical sequence of high school The PRESIDING OFFICER. Without level—we could actually see a better math and science. objection, it is so ordered. outcome for all of America. For example, Texas farmers and In my home State of Wisconsin, high- f er poverty and higher minority school ranchers know from our experience in districts remain more likely to have EXPERIMENTS IN POLICY Texas that trade is a good thing. As we inexperienced teachers. The Depart- Mr. CORNYN. Mr. President, when I begin to explain and explore the impor- ment of Education has data that shows return home to my State during our tance of trade promotion authority, that, for example, in Milwaukee, where district work periods—the time when the idea that we comprise roughly 5 there are the most high-poverty and the Senate is not in session—as I get a percent of the world’s population—in high-minority schools in our State, 8 chance to travel my State, as the Pre- other words, 95 percent of the world’s percent of teachers are in their first siding Officer does in his, I always feel population is beyond our shores but we year of teaching and 19 percent of as though I learn something, and I ap- represent 20 percent of the world’s pur- teachers lack State certification. The preciate a little bit more how different chasing power—why wouldn’t we want State average is 5.6 percent for first- policies can have a different impact to open up our goods and services and year teachers and 0.3 percent for those and produce different results. the things we grow and make to these who lack certification. As the distinguished Senator from markets abroad so that more people As with the Nation, achievement Wisconsin was speaking about the im- can buy the things we grow and raise gaps follow these disparities. According portance of education, I couldn’t help and what we make? to data from the National Center for but think that we all agree with that, I wish to speak about another inno- Education Statistics, there are star- but we have maybe some differences on vation or at least another practice at tling differences in student proficiency which policies actually produce a bet- the State level that has had an impact and graduation rates both in Wisconsin ter result. I couldn’t help but think a on the quality of education at the and nationally. For example, the aver- little bit about that last week as I was State level. As we continue the discus- age math proficiency in low-per- visiting some of the ranchers and folks sion of the Every Child Achieves Act—

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I worked with colleagues on both I was happy to cosponsor with the teachers—the people who are actually sides of the aisle, including the es- senior Senator from Virginia an closer to the issue, closer to the prob- teemed Presiding Officer, to find com- amendment which takes into account lems, and the ones who perhaps know mon ground, and I am very pleased the commonsense purpose of encour- more than any bureaucrat in Wash- that many of my priorities to improve aging the States to conduct efficiency ington could ever hope to know about student outcomes and close the reviews of school districts and cam- what actually works at the local level. achievement gap are reflected in the puses to make sure Federal dollars de- It is also about flexibility, meaning it legislation that is before us today. livered to each classroom are spent as is up to individual States, not just the cost-effectively as possible. This Federal Government, to determine how During my conversations with par- amendment builds on an incredibly to achieve the best outcome for all of ents and students, I often speak about successful program in Texas—one that our students. Importantly, I should children’s mental health. At Mounds brings greater accountability to our add, that flexibility translates into View school district in Minnesota, I schools and helps them discern how greater options for schools across the met a single mother named Katie they can make each dollar go just a lit- country by giving States additional Johnson. She told me about her son, a tle bit further. This program is called freedom to create and replicate high- 9-year-old boy whose behavior she just the Financial Allocation Study for quality charter schools, for example, wasn’t able to control. Because this Texas, or FAST. It was developed by and giving more parents more choices, school had a system in place—a mental the Texas comptroller, Susan Combs— as I said, for their children’s education. health model in place—they were able the immediate past comptroller of the I am very proud of the good progress to identify that he might have some State of Texas—to evaluate the oper- we have made across a number of mental health problems and get him ational efficiency of the school dis- issues this year so far—passing the access to community mental health tricts and campuses across our State. anti-human trafficking laws and fi- services. He was diagnosed with ADHD To do that, the comptroller uses data nally cracking the code on how we pay and Asperger’s. He was able to get the about school finances, school demo- physicians under Medicare adequately treatment he needed, and it turned him graphics, and academic performance rather than temporarily patching that around. Katie told me that her son is from each school and campus around problem, as we have for so many years. now doing well in school and he had the State to help measure academic We passed a budget for the first time taken up Tae Kwon Do. Katie told me achievement relative to spending. since 2009 that balances in 10 years. that her life had been out of control There is a broadly held fallacy that And, yes, we worked with the President when she couldn’t control her child. the quality of educational outputs is of the United States on a bipartisan But she pointed to herself—and I will equal to how much money we put into basis to pass trade promotion author- never forget this—she pointed to herit. In other words, if we want a better ity. Next week, we will conclude this self and said: ‘‘Now I am bulletproof. I product—education—all we have to do Every Child Achieves Act by reforming can do anything.’’ is spend more money. I would say that our early and elementary childhood is demonstrably false. There are many Well, I said, let’s do this. So I came education system to get more of the here and introduced the Mental Health of our parochial schools that do an out- power, to get more of the authority out standing job of educating their stu- in Schools Act, and I am proud that of Washington and back to parents, over the last couple of years we have dents at a fraction of what our public teachers, and the States, where it real- schools do. So I think it is a fallacy to gotten $100-plus million extra through ly belongs. the appropriations process for pro- say that if we want more or better edu- Mr. President, I yield the floor. cation, all we have to do is spend more The PRESIDING OFFICER. The Sen- grams like the one in that bill. money. There is a smarter, more effi- ator from Minnesota. I have worked hard to get provisions cient way to deal with that, and that is Mr. FRANKEN. Mr. President, I ask based on my Mental Health in Schools what the financial allocation study is unanimous consent to speak for up to Act into the bill before us today. My designed to achieve—to measure aca- 20 minutes. provisions will allow schools that want demic achievement relative to spend- The PRESIDING OFFICER. Without to work with community-based mental ing. objection, it is so ordered. health organizations and mental health As the senior Senator from Virginia f providers to use Federal education explained earlier, this successful Texas EVERY CHILD ACHIEVES ACT funding to provide mental health model of a fiscally responsible edu- screening, treatment, and referral serv- cation system caught his eye when he Mr. FRANKEN. Mr. President, we ices to their students by equipping was Governor of Virginia, and fortu- have been living under No Child Left school staff with the training and tools nately he then implemented a similar Behind, or NCLB, for 13 years. During to identify what it looks like when a program. In Virginia, the savings came that time, we have learned a lot about kid has a mental illness. Every adult in from commonsense recommendations— how NCLB works and a lot more about this school, from the lunch lady to the again, as we did in Texas—things such what doesn’t work. Students, teachers, principal, from the schoolbus driver to as introducing software programs to and parents across the country have the teacher, was trained to see what it improve bus routes, enhancing methods been waiting a long time for us to fix looked like when a kid might have a of facilities management, and encour- this law. serious mental health issue, and then aging best practices in hiring and per- As a member of the Senate Health, they would refer to the professional in sonnel management. Education, Labor and Pensions Com- While more States have adopted mittee, I am proud to have worked on the school, the counselor or school psy- similar programs, these money-saving the legislation before us today and to chologist. opportunities should be available to all have helped to get it this far. The One of the most common features of school districts nationwide. So now, Every Child Achieves Act of 2015 builds successful schools in disadvantaged with the adoption of this amendment a strong bipartisan foundation to re- communities is the presence of an ef- just yesterday and with the eventual form our national education system, fective school principal. This should passage of the Every Child Achieves and I thank Chairman LAMAR ALEX- come as no surprise. It is a matter of Act, we can make sure school districts ANDER and Ranking Member PATTY common sense to expect that a success- all across the country are using their MURRAY for their leadership on this ful school or any successful organiza- dollars for what they are really in- bill. tion would have a strong leader. Re- tended—classroom education—not Over the last 6 years, I have met with search shows that school leadership is stuck in the back office bureaucracy. principals and teachers, students, par- one of the most critical components of

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That is why I made sure that businesses—is that students graduating counseling professionals to assess stu- there is dedicated funding written into from our schools aren’t ready to take dents is often hindered by a high stu- the base bill to create a pipeline of ef- on the jobs that are waiting for them. dent-to-counselor ratio, often two or fective principals for high-need This is called the skills gap. It isn’t three times the recommended amount. schools. just a problem in Minnesota; I would In Minnesota, we have 1 counselor for I had a roundtable a number of years say it is a problem in every State. We every 700 students. That is unaccept- ago. The roundtable was with prin- have jobs now that are going unfilled able. So I wrote a provision that ad- cipals from around the Twin Cities. A because our graduates lack science, dresses this critical need by author- school had been turned around by a technology, engineering, and math, or izing the Elementary and Secondary great principal. We started talking STEM, skills. In fact, by 2018 Min- School Counseling Program in the about testing. One of the principals re- nesota employers will have to fill over Every Child Achieves legislation. ferred to the NCLB test as ‘‘autopsies.’’ 180,000 STEM-related jobs. Federal grants like this one will help I knew immediately what he meant. So I wrote an amendment to provide States and districts address these high Schools had to administer an NCLB funding to support partnerships be- ratios between students and counselors test toward the end of the year—to- tween local schools, businesses, univer- and bring more trained professionals ward the end of April—and the school sities, and nonprofit organizations to into schools. Another critical support and the teachers didn’t get the results improve student learning in STEM sub- for students is afterschool programs. until late June, when the kids were out jects. My amendment says that each Senator LISA MURKOWSKI from Alaska of school. So the teachers couldn’t use State can choose how to spend and and I worked on an amendment to- the results of the tests to inform the prioritize these funds, which can sup- gether to fund 21st Century Commu- instruction of their kids. I found out port a wide range of STEM activities, nity Learning Centers because these that was why in Minnesota schools from in-depth teacher training, to engi- afterschool programs play a critical were administering other tests in addi- neering design competitions, to im- role in increasing student achievement, keeping students safe, and helping out tion to the NCLB test. On top of that, proving the diversity of the STEM working families. they were giving computer adaptive workforce. There are over 100 21st Century Com- tests. What are computer adaptive States can also use these funds to munity Learning Centers across my tests? Well, they are computers—mean- create a STEM Master Teacher Corps, State of Minnesota, and these centers ing the teacher gets the results right which is based on my legislation called provide high-quality afterschool activi- away, so he or she can use the results the STEM Master Teacher Corps. This ties to help address the physical, so- will offer career-advancement opportu- of that test to inform the instruction cial, emotional, and academic needs of of each child. They are adaptive, which nities and extra pay to exceptional the students they serve. Senator MUR- means that if a child is getting every- STEM teachers and help them serve as KOWSKI and I worked on another thing right, the questions get harder; if mentors to less-accomplished teachers. amendment to help American Indian Today, it is getting harder and hard- they are getting things wrong, the students. Our amendment would fund er for students to pay for college. That questions get easier. This is much more Native language immersion programs is why the Presiding Officer, the good descriptive of where the child is and throughout Indian Country because Senator from Louisiana, and I you can pinpoint this. This informs the language is critical to maintaining cul- instruction. worked—and the way the cameras tural heritage. Native students who are These kinds of tests were not allowed work, you can’t see the Presiding Offi- enrolled in language immersion pro- in the original NCLB because they said cer because I am talking; it is BILL grams have higher levels of student that all tests had to be standardized— CASSIDY of Louisiana—we worked to- achievement, high school graduation standardized, meaning having the same gether to help reduce the cost of col- rates, and college attendance rates test for each child—but you get a much lege while kids are still in high school. than their Native American peers in better assessment with computer Our amendment provides funds to traditional English-based schools. adaptive tests. That is why I wrote an cover the costs of advanced placement Again, I am very pleased that with amendment with Senator JOHNNY ISAK- and international baccalaureate exam the help of my colleagues, I was able to SON of Georgia into the Every Child fees for low-income students. When I include all of these amendments in the Achieves Act to allow States to use did college affordability roundtables, I legislation we are considering today. computer adaptive tests. Teachers will found students who had taken an AP These provisions will help hundreds of now be able to create lesson plans course but were afraid to spend the thousands of students throughout the based on how each student performs, money for the test in case they did not country reach their full potential. starting the next day. They use com- get the 3, 4 or 5, which gave them a Lastly, I would like to speak in sup- puter tests to more accurately measure credit. So this will help those students port of Senator PATTY MURRAY’s and student growth, which is something I do that. Senator JOHNNY ISAKSON’s early learn- believe in—measuring growth and not Our amendment also includes dual ing amendment that was included in judging whether a kid meets or what enrollment programs and early college the bill and Senator BOB CASEY’s floor percentage of kids meet some arbitrary high schools. In Minnesota, we call amendment called strong start for performance standard or proficiency them postsecondary educational oppor- America, which also expands access to standard but instead whether the tunities. These are two other models early childhood education. This is so school is helping every kid grow. that help students earn college credit important. The achievement gap be- The only thing I liked about No Child while in high school, and by partici- tween disadvantaged students and Left Behind was the name. Yet, every pating and succeeding in these pro- their peers is evident before they enter teacher started teaching to the mid- grams, students can save a lot of kindergarten. dle—teaching to the kids who are just money toward college by getting col- Early childhood programs can help below or just above that artificial line lege credits. narrow this gap. In fact, high-quality of proficiency. That was a perverse in- The academic programs I have men- early childhood education programs centive not to focus on the kid above tioned are critical to our children’s not only help prepare our children for the line or below the line. Every child success in school, but many kids also school, study after study shows there is achieves. That is what we are going need additional support to help them a tremendous return on investment in for. succeed in school. For example, school high-quality early childhood edu- This amendment will go a long way counselors respond to a wide range of cation, ranging from $7 to $16 for every toward improving the quality of assess- student needs, from dealing with the $1 spent. Kids who attend a high-qual- ments used in our schools and will give aftermath of traumatic events to ity early childhood program are less

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.073 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4937 likely to be special ed kids or to need has not been an altogether difficult President’s call for scrutiny, the Ten- special education programs, less likely case to make. Indeed, the data has re- nessee insurance commissioner was to be held back a grade. They have bet- peatedly shown that ObamaCare, de- quoted as saying she would ask ‘‘hard ter health outcomes, the girls are less spite the many claims of its pro- questions of companies we regulate to likely to get pregnant in adolescence, ponents, simply is not working. We protect consumers.’’ Forgive me, but I they are more likely to graduate high have seen more evidence of this in just fail to understand what hard questions school, more likely to go to college and the past few days. For example, in a re- there are to ask. If I own a business graduate from college and have a good cent New York Times article, we all that takes in $100 million in revenue job and pay taxes, and much less likely read about the dramatic proposed in- but pays out $120 million in expenses, I to go to prison. creases in health insurance premiums will not be solvent for very long. I have been a big supporter of invest- due to ObamaCare’s expensive man- What is perhaps most disconcerting ing in early childhood programs for dates and regulations. to me in all of this are the responses years because it is simply just common Now, many plans are proposing rate these patients get from officials in the sense to do. That is why I support Sen- increases that average 23 percent in Il- Obama administration. For example, in ator CASEY’s amendment. More gen- linois, 25 percent in North Carolina, 31 response to concerns about those pre- erally, No Child Left Behind is long percent in Oklahoma, 36 percent in mium hikes, Health and Human Serv- overdue for the right kind of reform. Tennessee, and 54 percent in Min- ices Secretary Burwell recently argued that patients should not worry because With the leadership of Chairman ALEX- nesota. I don’t know about the Pre- there are tax subsidies available to ANDER and Ranking Member MURRAY, siding Officer, but my constituents find my colleagues and I on the HELP Com- this unnerving. After all, one of the help cover the cost. She also said they mittee have worked hard to incor- President’s chief justifications for his could simply shop for cheaper plans on porate the lessons we have learned health care law was that it would actu- the exchanges during the next open enrollment period. from teachers, students, parents, and ally bring down the cost of health care. Of course, in a world where insurance school administrators and put them Once again, we are seeing that this is plans across the country are requesting just another one of the many empty into this legislation. rate increases of 26—well, 20, 30, 40, or We have made tremendous progress ObamaCare promises. even 50 percent or more, one has to on this bill, but we still have some But even more frightening than these wonder just how many cheaper plans proposed rate increases are the root work to do before it becomes law. We will be available and how many sac- causes of the increases. In the recent need to close the achievement gaps in rifices patients will have to make in New York Times article, Nathan T. this country. That means we should ex- their care in order to get significant pect States to focus on all of their stu- Johns, the chief financial officer of savings. While many seem to believe dents, including low-income and mi- Arches Health Plan, which operates in the Affordable Care Act received a re- nority students. At its core, the Ele- my home State of Utah, was quoted as prieve from the Supreme Court, I think mentary and Secondary Education Act, saying: ‘‘Our enrollees generated 24 we are actually witnessing a downward passed first in 1965, is a civil rights bill percent more claims than we thought spiral of ObamaCare. I cannot help but that was intended to improve equality they would when we set our 2014 rates.’’ question what supposed solutions my and expand opportunity for disadvan- This, according to Mr. Johns, led to a friends on the other side of the aisle taged students. collection of just under $40 million in will come up with next. So I look forward to continuing to premiums, while the company had to Anyone who is being honest and who work with my colleagues to strengthen pay out more than $56 million in is listening to the American people the accountability provisions in this claims for 2014. As a result, Arches should recognize that ObamaCare needs bill. I urge my colleagues to support Health Plan has proposed rate in- to be replaced with real, patient-cen- the Every Child Achieves Act of 2015 so creases averaging 45 percent for 2016 in tered reforms that are designed not to we can keep working to support all of order to remain viable. Now, I know control the marketplace but to actu- our Nation’s students. this was not at all the intention of my ally reduce the costs for hard-working Finally, I want to flag something Democratic colleagues who voted for patients and taxpayers. I am a co- that is very important to me. I have a this bill, but it is because of this and a author of such a plan, which we have pending amendment to Every Child myriad of other unintended con- called the Patient CARE Act. This leg- Achieves that I care an enormous sequences that ObamaCare has consist- islative proposal, which I have put for- amount about, the Student Non- ently polled below 50 percent approval ward along with Senator BURR and discrimination Act, which will give since the day it was signed into law. Chairman FRED UPTON in the House, LGBT—lesbian, gay, bisexual, and Indeed, according to a compilation by will reduce the cost of health care in transgender students the protection Real Clear Politics, of the 405 polls col- this country without all of the expen- they need and deserve in school. I will lected since the law passed in March of sive mandates and regulations that are come back to the floor to discuss that 2010, 391 reported a majority of Ameri- causing these major increases in health amendment at length. cans opposing or having negative views insurance premiums. I yield the floor. toward ObamaCare. Unfortunately, I have talked about our proposal The PRESIDING OFFICER. The Sen- President Obama seems to be discon- many times on the floor. I will con- ator from Utah. nected from this reality. In a recent tinue to do so. I know there are other f trip to Tennessee, the President called ideas out there, and I think we should for consumers to put pressure on State consider and evaluate those as well. OBAMACARE insurance regulators to scrutinize the Put simply, I am willing to work with Mr. HATCH. Mr. President, I rise to proposed rate increases. He then sug- anyone on either side of the aisle to fix talk about an issue that will have seri- gested that if commissioners do their our Nation’s health care system and to ous negative consequences on the lives job and actively review the rates, his protect the American people from the and the livelihoods of millions of ‘‘expectation is that they’ll come in negative consequences of this mis- Americans and threaten our already significantly lower than what’s being guided law. muddled and beleaguered health care requested.’’ My hope is that more of our col- system. Ever since the partisan and But as Roy Vaughn, vice president of leagues on the other side will eventu- rushed passage of the so-called Afford- the Tennessee BlueCross plan stated: ally see what the majority of the able Care Act, I have come to the floor There’s not a lot of mystery to it. We lost American people have seen for more dozens of times to shine a light on the a significant amount of money in the mar- than 5 years: The problems with problems associated with this law and ketplace, $141 million, because we were not ObamaCare are not minor flaws that to call for a swift repeal and replace- very accurate in predicting the utilization of can be fixed with a little regulatory ment. health care. tinkering. They are fundamental flaws. I have not been alone. Many of my Yet President Obama fails to grasp The only answer is real reform, colleagues have been working to make the simple mathematics of the prob- which addresses the skyrocketing costs this case as well. Truth be told, this lem. He is not alone. In response to the of health care in America.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.078 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4938 CONGRESSIONAL RECORD — SENATE July 9, 2015 With that, you can see that I am Vietnam war. I had the privilege to tle sculpted a 6-foot-5-inch bronze stat- very, very concerned about ObamaCare learn from families of North Dakotans ue of a soldier saluting the panels of and the fact that it is breaking Amer- who died in the war about their loved names. ica. It is not working. Costs are going ones—who their loved ones were and I really can’t wait to see this memo- up in a rapid basis. People are not who they hoped they would be. rial when it is completed and to thank being well served. The emergency Before speaking today about some of Dave for his vision and hard work. rooms, which were supposed to be the 198 North Dakotans who didn’t re- Now I wish to talk about Carl Berger spared from all of this, are just full of turn home from Vietnam, I publicly and 10 other North Dakotans who gave Medicaid and Medicare patients who thank Dave Logosz for his service to the ultimate sacrifice during their cannot find doctors now. Doctors are our State and our Nation. service to our country. leaving the profession because of Dave is a Vietnam veteran from CARL BERGER, JR. ObamaCare, in large measure, and we Dickinson. Dave had plans to become a Carl Berger, Jr., a native of Mandan, can’t get help to those who really need mechanical engineer and enroll at was born August 23, 1948. He served in the help because of the many restric- Dickinson State University in art and the Army’s 25th Infantry Division. Carl tions in ObamaCare. engineering. After his first quarter, he was 21 years old when he died on April All I can say is that sooner or later decided to enroll in NDSU instead, but 3, 1970. we have to get off of our high horse, he was drafted before classes in Fargo Carl was the youngest of 13 children look at this, and look at it in a very ef- began. who grew up on the family farm. His fective, nonpartisan way, and either In 1969, he landed in Vietnam in the nieces and nephews remember him as change it or get rid of it and replace it Army’s 25th Infantry Division as a their fun-loving uncle. Growing up, with something that will work much sniper. He says that his year in Viet- Carl attended high school at the better and will be something the Amer- nam was a long, tough one. He was in- Richardton Abbey and played the ican people can live with. jured more than once while serving French horn. There were approximately 35 million there. Carl’s siblings remember having fun people who did not have health insur- After David returned, he suffered on their farm herding sheep and work- ance before ObamaCare. That was a big from post-traumatic stress, but he ing together in the fields with the cat- issue. The President has cited that didn’t admit it until several years ago. tle and chickens. His sister Marian said many times. Guess how many don’t He says the VA counseling that he has that Carl was a genuine hard worker, have insurance now with ObamaCare— received has made a huge difference for and she is grateful that her children how about 30, 35 million people. him. had an opportunity to know a man as So has this just been a big boon- After his service in Vietnam, Dave wonderful as their Uncle Carl. doggle so the President can take credit worked for over two decades at the Carl was killed in Vietnam less than for something that doesn’t work or are Dickinson plant until it closed, and 2 months after starting his tour of we going to do the thing that we all then he worked for the North Dakota duty. should as Members of Congress in the Department of Transportation. He says The family cherishes the memories of best interests of our citizens and he is happily retired now. that last Christmas they all spent to- change this bill and get one that really Dave belongs to every veterans serv- gether before Carl went to Vietnam. does work? ice organization he knows of. A few Carl’s parents were devastated by his With that, I suggest the absence of a years ago, he and his wife hopped on death, but they were also very proud of quorum. Dave’s Harley and rode from coast to their son, who served their country. The PRESIDING OFFICER. The coast on a veterans memorial bike Carl’s funeral was held during a bliz- clerk will call the roll. ride. They ended their trip at the Viet- zard, but despite that bad weather, the The legislative clerk proceeded to nam Veterans Memorial wall in Wash- church was full. call the roll. ington, DC—among a total of over LAURENCE ZIETLOW Ms. HEITKAMP. Mr. President, I ask 68,000 motorcycles and 911,000 people Laurence Zietlow, a native of New unanimous consent that the order for who were there. There Dave saw for the Salem, was born August 30, 1928. He the quorum call be rescinded. first time the name of his fellow sol- served as a sergeant major in the The PRESIDING OFFICER. Without dier, Carl Berger, also from North Da- Army. Laurence was 39 years old when objection, it is so ordered. kota. he died on October 3, 1967. f Dave was with Carl when he was Laurence’s desire to join the Army killed in Vietnam, and Dave carried was so strong that he enlisted before HONORING VIETNAM VETERANS Carl off the battlefield. Dave said that graduating from high school. During AND NORTH DAKOTA’S SOLDIERS the experience of seeing Carl’s name his graduation ceremony, his diploma WHO LOST THEIR LIVES IN VIET- and visiting the Vietnam Veterans Me- was given to his mother, Sophie NAM morial wall was emotional and heart- Zietlow. Ms. HEITKAMP. Mr. President, once warming, and it gave him an idea. To Prior to serving in Vietnam, Lau- again we find ourselves on a Thursday give something back to his own com- rence also spent tours of duty in Japan, afternoon doing some final business be- munity, Dave decided to build a vet- Germany, and Korea. Laurence’s sister fore everybody returns home to meet erans memorial honoring all service- Leone said that a lot of Laurence’s with their constituents and do that members from Stark County. friends have told her how great a guy work. I must say how much I appre- So 3 years ago, inspired by the Viet- he was and that he would have given ciate your kind words and your atten- nam Veterans Memorial wall in Wash- the shirt off his back. Laurence’s sister tion when we have been talking about ington, DC, he began with his idea for Helen told her local newspaper that he those North Dakotans who were killed a memorial in Dickinson. He expects to didn’t talk about many experiences in action in Vietnam. have the memorial completed this from Vietnam, but he did describe buy- This week the Senate commemorated summer. ing gifts for Vietnamese children living that 50-year anniversary, and I know The city of Dickinson donated space in orphanages. there are so many Members who care for the memorial park, and the memo- Laurence was killed in Vietnam when deeply. I know the Presiding Officer is rial will consist of concrete and a landmine exploded near him. He was among those Members. So I thank the Vermont granite, listing the names of recognized with several awards, includ- Presiding Officer for his attention and every person from Stark County who ing the Air Medal, the Military Merit his appreciation for the sacrifices of has served in the military since the Medal, the Gallantry Cross with Palm the men who I talk about weekly. Civil War and will include space for fu- Medal, the Purple Heart, and the I rise today to speak about the men ture names. Bronze Star. from North Dakota who died while The entire memorial is 100 feet in di- In addition to his mother and sib- serving in the Vietnam war. We are ameter, includes 14 granite benches, lings, Laurence was survived by his currently in a 13-year commemoration and hundreds of bricks that individuals three children: Larry, Terry, and period honoring the veterans of the can personalize. Local artist Linda Lit- Kristi.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.080 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4939 KENNETH ‘‘KENNY’’ JOHNER always spoke highly of him, Douglas I want to thank the Bismarck High Kenneth ‘‘Kenny’’ Johner enlisted did very well in college. School 11th graders and Gerald’s fam- while living in Noonan, and he was His two sisters, Barbara and Renee, ily who have shared with us these facts born on December 29, 1946. He served in remember how soft-spoken and helpful about Gerald’s life. the Marine Corps’ 3rd Marines, 3rd Ma- Douglas was. Renee, the youngest in FLORIAN KUSS rine Division. Kenny died on March 21, the family, was Douglas’s pet. He al- Florian Kuss was from Strasburg, 1967. He was only 20 years old. ways looked out for her and he was a and he was born December 28, 1946. Kenny was the third of 15 children. very loving brother. Florian served in the Army’s 196th In- He enlisted in the Marines right after In his free time, Douglas liked to fantry Brigade, Americal Division. graduating from Noonan High School. drive around in his father’s 1962 Chev- Florian died January 5, 1968, just days He and two of his brothers, Gene and rolet Impala that had a high-perform- after he turned 21 years old. Jerry, made North Dakota history as ance engine. His brother Dean remem- There were seven children in his fam- the first three brothers in the State to bers that Doug and his brothers would ily. Florian’s two brothers, Victor and enlist in the Marines at the same time. race the car down the street, putting Frank, also served their country in the Two other brothers, George and Brian, the other cars in Jamestown to shame. military. also joined the Marines later. Dean remembers Douglas being so Florian grew up working on his fam- Their mom Helen says the oldest strong he could lift a John Deere 620 ily’s farm, where they raised dairy three boys were so close that one tractor with the loader attached to it. cows, chickens, pigs, wheat, oats, corn, wouldn’t even go to prom if the others For fun, Douglas used his extraor- and alfalfa. Florian’s plan after com- didn’t. dinary strength to compete in gym- pleting his service was to return to the Regarding his service in Vietnam, nastics. family farm and continue his farming Kenny told his mother many times, Douglas had plans to start his own career. ‘‘God has a different plan for me. I am farm outside of Jamestown when he re- His brother Art said the family ap- on a special mission and I won’t be turned from Vietnam, but he was killed preciates the time Florian spent taking here very long.’’ when a grenade exploded near him. care of their sick father before Florian In Vietnam, a few days before Kenny GREGORY LUNDE was drafted. Their father died less than was scheduled to travel to Okinawa to Gregory Lunde was from Westhope. a year after Florian was shot and meet his brother Gene for R&R, Kenny He was born December 8, 1946. He killed in Vietnam. was wounded. About 3 weeks later, served in the Marine Corps’ 1st Tank Florian’s sister Betty said Florian’s death caused a hole in the family that Kenny died from his wounds. Battalion, 1st Marine Division. Greg- will never be filled. They think about In appreciation for the sacrifices he ory was 21 years old when he died on made, Kenny’s family has named a Florian all the time. February 6, 1968. Florian was awarded the Purple nephew and a grand-nephew after him. Gregory had one sister, Toni. She Heart, the Good Conduct Medal, and RONALD ‘‘COOKIE’’ MCNEILL said she called him Greg and that he the Bronze Star for Valor in recogni- Ronald ‘‘Cookie’’ McNeill was born was always happy and clean and metic- tion of his service and sacrifice. March 29, 1949, and he was from Mott. ulous. She is thankful to him for car- DAREL LEETUN He served in the Marine Corps’ 1st Bat- ing for her after their mother died Darel Leetun was from Hettinger, talion, 7th Marines, 1st Marine Divi- when Toni was 13. and he was born December 24, 1932. He sion. He was 21 years old when he died After high school, Greg attended served as a pilot in the Air Force. on August 4, 1970. business school in Minneapolis to pre- Darel was 33 years old when the plane Ronald was one of four children and pare himself to return to Westhope and he was flying was shot down on Sep- everyone called him Cookie. He got the help his father run a meatpacking nickname Cookie as a baby because his tember 17, 1966. plant. Growing up, Darel enjoyed sports, 4– older brother Rick couldn’t say Ron, so Toni loved the care packages Gregory H, and spending summers at his aunt’s he named him Cookie and the name often sent her from Vietnam. He farm near Fessenden. He was the oldest stuck. thought he was pretty funny when he of four children, and his siblings appre- Rick said Ronald loved hunting and mailed Toni a kimono and joked she ciate how he cared for and supported fishing, and Rick remembers the times would have to lose some weight to fit them and their mother after their fa- the boys were playing hockey together into it. ther died when they were all young. on a nearby river and ended up with 11 Gregory was killed in Vietnam when Darel’s family said he got along with stitches between the two of them. he was shot while riding on a tank. people well and had great leadership Ronald joined the Marine Corps GERALD ‘‘GERRY’’ KLEIN skills. His sisters Janelle and Carol shortly after graduating from high Gerald ‘‘Gerry’’ Klein was born April said Darel never put himself first. school. He died less than 3 months 29, 1946. He was from Raleigh, ND. He Right after graduating from NDSU, after starting his tour of duty in Viet- served in the Army’s 1st Infantry Divi- Darel spent time teaching about agri- nam. sion. Gerald died May 4, 1968, just days culture in India. He then joined the Air In addition to his siblings, Ronald after he had turned 22 years old. Force and was stationed in England, left behind his wife Beverly and their He was the oldest of five children, Japan, and Vietnam. son Barry. and his family and friends always In Vietnam, Darel completed nearly DOUGLAS KLOSE called him Gerry. He grew up on the 100 flying missions before his plane was Douglas Klose was from Jamestown, family’s farm. His siblings said that hit by ground fire and crashed. The Air and he was born June 14, 1947. He while growing up, Gerald spent free Force presented Darel with many served in the Army’s 1st Infantry Divi- time either working on the farm or on awards, including the Air Force Cross, sion. Douglas died on October 27, 1968. the family car. in recognition for his extraordinary He was 21 years old. While Gerald was home on leave, he heroism that day. His Air Force Cross Douglas—or Doug, as he was known became engaged to his girlfriend. After citation read, in part: by many—grew up on a dairy farm. He completing his service in Vietnam, he Captain Leetun led a mission of F–105 had five siblings. According to his sis- planned to live on the family farm with Thunderchiefs against a heavily defended ter Barbara, when he was young, Doug- his future wife. high priority target near Hanoi. Undaunted las walked around the yard picking up His brother Bob said that Gerald was by intense and accurate flak, deadly surface- ‘‘treasures’’ and stored them in his a strong, brave man who wanted to be to-air missiles, and hostile MiGs, Captain pockets. Douglas’s uncle gave him the happy. His family appreciates the let- Leetun led his flight through this fierce en- nickname ‘‘Hunk of Junk’’ because he ters he sent them while serving. vironment to the crucial target. The day he died, Gerald was injured On the bomb run, Captain Leetun’s always had junk in his pockets. Thunderchief was hit by hostile fire, becom- Douglas’s appreciation for his family but chose to continue fighting. Shortly ing a flaming torch and nearly uncontrol- farm extended into college. He at- after, he was shot and killed. He would lable; however, Captain Leetun remained in tended NDSU and studied animal have only had a very few weeks left of formation and delivered his high-explosive science. According to his adviser who his service in Vietnam. ordnance directly on target.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.082 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4940 CONGRESSIONAL RECORD — SENATE July 9, 2015 After bomb release, Captain Leetun’s plane to visit them about Valarian and his before- and afterschool programs, pro- went out of control and was seen to crash ap- heroic death and how he saved their grams where there is real evidence that proximately 10 miles from the target area. lives. they can make a difference in terms of Through his extraordinary heroism, superb airmanship, and aggressiveness in the face of Valarian was killed 1 week before his helping these youngsters. hostile forces, Captain Leetun reflected the tour of duty was scheduled to end, on This is not an issue just in my State. highest credit upon himself and the United his brother Bobby’s high school grad- There are more than 2,000 of these States Air Force. uation day. schools nationwide. Because these Over 39 years later, in 2005, Darel’s Bobby also served in Vietnam. Bobby schools are in a very difficult spot remains were identified, and he was was drafted and served in Vietnam when it comes to securing Federal re- buried with full military honors at Ar- shortly after Valarian was killed. He is sources, too often the students suffer, lington National Cemetery. now suffering from cancer caused by and, in my view, the lack of resources Darel’s widow Janet, son Keith, and exposure to Agent Orange in Vietnam. for these schools often contributes to daughter Kerri have been honored to Valarian was included in the 1969 Life sky-high dropout rates. What I will discuss here briefly is hear from airmen who flew with Darel Magazine feature titled ‘‘The Faces of how this proposal I have worked for is who told the family that Darel was one the American Dead in Vietnam: One going to make the school improvement of the best pilots they ever flew with. Week’s Toll.’’ That article listed 242 Darel’s son Keith was just 6 years old Americans killed in 1 week in connec- grants easier for middle and high when his father died. But through prov- tion with the conflict in Vietnam. Life schools to obtain and use to help these idence, Keith has been connected to his Magazine published photos for almost students, whom we want to see grad- father. He is especially grateful for the all the men killed and wrote the fol- uate and make their way to productive lives as citizens and workers. day in 1992, at a Virginia golf course, lowing in that article: If a failing school has 40 percent or when he met his father’s wingman from More than we must know how many, we more low-income students, it would be- must know who. The faces of one week’s the final mission. That wingman’s come eligible for assistance. These name is Mike Lanning. When Mike dead, unknown but to families and friends, are suddenly recognized by all in this gallery Federal dollars can be used, as I indi- learned that Keith was Darel’s son, cated, to fund programs that really Mike said: of young American eyes. My intentions for speaking about the work, such as extended learning pro- Your dad was the heart and soul of the grams, programs that would be avail- squadron. He was my mentor and best friend. North Dakotans killed in Vietnam are similar. We must know more than how able during the weekend or perhaps Mike and Darel’s siblings have all during the summer. The funds can be told Keith that Darel was always going many, we must know who. Mr. President, I yield the floor. used to prevent dropouts and encour- to bat for people until the day he died. age students who have already dropped Darel was not scheduled to fly that day The PRESIDING OFFICER. The Sen- ator from Oregon. out to reenter the educational system. but did so because another man Schools can find other ways to help couldn’t. f students stay at it and get through to Keith is currently writing a chil- EVERY CHILD ACHIEVES ACT graduation day. This will be a signifi- dren’s book highlighting how some- cant improvement over the status quo. thing as bad as his father’s death could Mr. WYDEN. Mr. President, this week we are having a particularly im- What it does is provides support where turn into something positive, such as it is needed most, and it will help us learning about and telling inspiring portant debate. Fortunately, it is a bipartisan debate. Great credit is owed to get more value out of scarce dollars to stories of heroes. approach the challenge of helping stu- Senator ALEXANDER and Senator MUR- RALPH MCCOWAN dents who are dropping out to get back Ralph McCowan was from Trenton. RAY for their work on the Every Child Achieves Act. This bill is a significant in the system and graduate. He was born April 26, 1948. He served in I am also pleased to see the inclusion piece of legislation because educational the Army’s 41st Artillery Group. Ralph of several provisions championed by opportunity in America is a right died April 3, 1968, a few weeks before he my colleague Senator BOXER to create which should start at birth and last a would have turned 20. more opportunities for students to en- lifetime. There were nine children in his fam- roll in afterschool programs and sum- As a parent, I know that mothers and ily, and his father, brothers, sisters, mer learning programs. In today’s fathers want their kids to be able to uncles, and nephews also served our economy, with so many families walk- country in the military. Ralph’s broth- climb the economic ladder throughout ing on an economic tightrope—parents er, Gene, said service to our country their lives. That effort begins with a working long hours, multiple jobs—the was deeply rooted in their family. top-flight education. In my view, the fact is, there can’t always be a parent Ralph told his family he wanted to be Every Child Achieves Act is a good step around at 3 in the afternoon when kids a warrior and do his part. He was an toward expanding opportunity for stu- get out of school or during the summer dents nationwide. It is built around the unassuming man who had a love for months. Senator BOXER really took the horses and a love for people. Gene said proposition that each school, each dis- initiative for the 21st Century Commu- Ralph had a short life but a good one. trict, and each community is different. nity Learning Centers Program and the Ralph served for 69 days in Vietnam So rather than resorting to the sort of After School for America’s Children before he was killed at his fire base one-size-fits-all policies, this legisla- Act. Both of them are worthy of sup- camp. The family cherishes their tion focuses on trying to build on port because they go to bat for stu- memories of their last Christmas to- smart ideas, ideas with real promise dents by providing extra learning op- gether in 1967. that are actually going to make a big portunities for children both after VALARIAN LAWRENCE FINLEY difference in classrooms. school and in the summer. Valarian Lawrence Finley was born I am going to get to several amend- There are other key elements in this November 17, 1947. He was from ments I want to highlight, but I wish legislation, but the Senate ought to Mandaree. He served in the Marine to start by recognizing some vital com- seize the opportunity in this debate to Corps’ Kilo Company, 3rd Battalion, ponents of the legislation I have make some significant improvements. 5th Marines, 1st Marine Division. strongly supported. The Every Child Achieves Act can go a Valarian was 21 years old when he died The most important proposal I have lot further to raise graduation rates. in May of 1969. worked on is one that focuses on rais- There are more than 1,200 high schools, Valarian was the third youngest of 13 ing graduation rates. This is one of the serving more than 1.1 million kids, children born to Louise and Evan Fin- major economic challenges in my home that are failing to graduate a third or ley. Valarian’s family and his friends State and many other States across more of their students each year. Too called him Gus. He had plans to run a the country. In Oregon, more than 100 often, it is the minority youngsters cattle ranch after returning home from high schools with high rates of poverty who live in economic hardship who at- Vietnam. are blocked from tapping into Federal tend these schools. Valarian’s siblings are grateful for resources that can help important pro- Senator WARREN and I are on the Valarian’s fellow marines reaching out grams—programs such as mentoring, same page with respect to the need to

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.083 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4941 make it possible for more of the young Achieves Act is a good step in that di- dent Boyd K. Packer—a man of integ- people who go to these schools to get rection. I urge my colleagues to sup- rity, kindness, courage, and candor to graduation. Her amendment would port these important amendments. whose commitment to Christ defined a help identify the struggling schools I yield the floor. lifetime of service. President Packer and provide some fresh approaches to I suggest the absence of a quorum. passed away peacefully in his home help turn them around—a smart idea The PRESIDING OFFICER (Mr. last week with his loving wife and chil- that I believe warrants bipartisan sup- SASSE). The clerk will call the roll. dren gathered at his bedside. Along port. The senior assistant legislative clerk with his family, I join millions of proceeded to call the roll. Finally, I have just a couple other Christians worldwide in mourning the Mr. MCCONNELL. Mr. President, I approaches that I think are particu- ask unanimous consent that the order loss of a man who served faithfully for larly valuable in terms of this debate for the quorum call be rescinded. many years as the president of the and particularly how we can use the The PRESIDING OFFICER. Without Quorum of the Twelve Apostles in the machinery of the Federal Government objection, it is so ordered. Church of Jesus Christ of Latter-day to play a constructive role in terms of Saints. As an apostle, President Pack- f education at the local level. er’s teachings brought strength to the Senator BOOKER and I have worked RECOGNIZING THE 150TH ANNIVER- weary and hope to the hopeless. For for an amendment that tries to help SARY OF THE SECRET SERVICE those of us who mourn, we turn to homeless children and foster young- Mr. HATCH. Mr. President, I rise these teachings to find peace amid the sters graduate from high school. Once today to pay tribute to the U.S. Secret sadness of his passing. again—and we can see it in kind of Service and to commemorate its 150th Even as we grieve the loss of a leader, what undergirds my remarks here—the anniversary. we celebrate the life of a friend. Presi- focus is on trying to create oppor- In 1865, Congress created the Secret dent Packer was a man whose selfless tunity for young people who constantly Service to combat the production and nature often masked his greatness, but are out there swimming upstream. The distribution of counterfeit currency in not even his humility could hide a life- hurdles these youngsters face are obvi- post-Civil War America. At the time, time of achievement. From humble be- ously large. Many of them move fre- currency counterfeiting was a fast- ginnings in Brigham City, UT, Presi- quently, constantly, from one place to growing and serious threat to our Na- dent Packer developed as a teacher and another throughout their lives. As a re- tion’s financial and economic stability. later as a leader in the Church of Jesus sult, it is hard for them to feel any In 1901, following the assassination of Christ of Latter-day Saints. connection to the school, to feel some President William McKinley, Congress President Packer’s upbringing was sense of stability. What Senator BOOK- further directed the Secret Service to modest to say the least—-his father ER and I would seek to do is to make it take responsibility for the protection was a service station operator and his easier for school districts and policy- and safety of the President of the mother was a homemaker. Raised makers to try to help those school dis- United States. against the backdrop of the Great De- tricts provide additional support for Today, 150 years after the Secret pression, he learned from an early age those youngsters who are homeless and Service’s founding, the men and women never to take anything for granted, es- those children who are in the foster of the Secret Service continue to serve pecially the freedoms we enjoy as care system. with quiet confidence across the United Americans. Finally, Senator FRANKEN has offered States and around the world as they President Packer would later defend an important proposal—the Student protect our Nation against threats those freedoms when he enlisted in the Non-Discrimination Act—that provides both foreign and domestic. From ensur- Army Air Corps during World War II. strongly needed protection for LGBT ing the security of the President, other As a pilot serving in the Pacific The- students. Schools ought to be safe and senior government officials, and events ater, President Packer flew dozens of welcoming places that assist every of national significance, to protecting dangerous missions and continued to the integrity of our currency and in- child in getting ahead and thriving. If serve after the war when he and his fel- vestigating crimes against our finan- schools—particularly for the young- low soldiers worked to rebuild the cial system, the U.S. Secret Service sters I have talked about in my re- shattered nation of Japan. Although plays a critical role in our Nation’s marks—aren’t challenging enough, it is President Packer dreamed of flying safety and continued success. The con- hard to imagine how much harder it planes as a young boy, it was during tributions, sacrifices, and achieve- gets for a youngster who faces harass- his military service that he discovered ments of the Secret Service over the ment or discrimination because of last 150 years have made the agency an his true life calling: to become a teach- their sexual orientation. The Franken indelible part of our Nation’s identity. er. amendment goes a long way to protect The five points of the Secret Service When he returned to the United LGBT students and their friends at star represent the Service’s core values States, President Packer pursued that school and prevent them from feeling of duty, justice, courage, honesty, and goal through his studies, eventually they have to skip class to avoid bul- loyalty. These values have been the Se- earning a doctorate in education ad- lying. cret Service’s foundation for the past ministration from Brigham Young Uni- In wrapping up, the kinds of pro- century and one-half and will continue versity. He quickly distinguished him- posals I have outlined—starting with to be the foundation on which the self as an LDS Seminary teacher and the effort to try to prevent students Service’s next 150 years—and the Na- later became the chief supervisor over from dropping out and getting up the tion’s security—are grounded. the Church’s seminary programs and graduation rates—this is all about On this, the 150th anniversary of the Institutes of Religion. When President helping students get ahead through U.S. Secret Service, I call upon my col- Packer was just 45 years old, he be- education, to expand opportunities for leagues and upon all Americans to rec- came an apostle—a calling he would these young people throughout their ognize the tremendous contributions serve in and magnify until the day he lives through education. the Secret Service has made to our Na- died. Even as an apostle, President What the focus of the Senate ought tion’s safety and well-being. I also ex- Packer still saw himself as a teacher, to be is to make sure that no matter press my thanks to the thousands of and he endeavored to expound truth in where a child lives or how much his or dedicated Secret Service agents and simple ways that all could understand. her parents earn or what obstacles employees who devote their time and The candor and clarity of his teachings they face—the message ought to be, energy to keeping our Nation, and our touched the hearts of millions, as did here in the Senate, with every Demo- leaders, safe and secure. President Packer’s genuine love for crat and every Republican, picking up f those he served. on what Chairman ALEXANDER and As a soldier and an educator, an ad- Senator MURRAY have said, that this REMEMBERING PRESIDENT BOYD ministrator and an apostle, President bill will help to drive home the prin- K. PACKER Packer served in many different capac- ciple that hard work in school leads to Mr. HATCH. Mr. President, I rise ities throughout his life. But first and success. I believe the Every Child today to honor the memory of Presi- foremost, he served as a husband and a

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.085 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4942 CONGRESSIONAL RECORD — SENATE July 9, 2015 father. For President Packer, father- reers and strong families. More than a chemical defoliant Agent Orange, to hood was a sacred responsibility that few went on to serve in Congress and the agonies of post-traumatic stress. took precedence over everything else. we have benefited greatly from their Fifteen years ago, Congress author- He was a father of 10, a grandfather of wisdom and continued commitment to ized the placement of a plaque near 60, and a great-grandfather of 103. Nei- duty. ‘‘The Wall’’ to honor these ‘‘men and ther work nor church service could I think of my friend, Senator JOHN women who served in the Vietnam War keep him from caring for those he MCCAIN, who endured unspeakable cru- and later died as a result of their serv- loved most. President Packer always elty for years as a prisoner of war in ice.’’ We remember and honor their set aside time for his family, and at North Vietnam. He could have been re- service, too. every opportunity, he sought to edu- leased from that hell years earlier but Every American my age and a decade cate his children and instill in them he refused to leave while other Amer- or so younger knows someone who died the anchor of faith—the same enduring ican servicemembers remained captive. in Vietnam or a friend whose father, faith that inspired all who heard his Senator MCCAIN has been a powerful brother or husband never came home. teachings. voice in calling for America to honor These young men are still missed deep- President Packer’s devotion to God our commitments under the Geneva ly by their families and friends and re- was steady and unwavering, but just as Conventions to never use torture—to membered by a grateful nation. The city I grew up in, East St. Louis, sure and steadfast as his faith was his remain true to our word and our values IL lost 56 young men in Vietnam. wife, Donna, his constant companion even in war. I respect him deeply for and able helpmeet who stood by his The City of Chicago lost 959 young his principled stand. men in the Vietnam war. Let me tell side for more than 67 years. In his final I think of other friends and former address to members of the LDS Church, you about one of them: Marine Lance members of this Senate who served in Corporal Mike Badsing. He was among President Packer expressed tender feel- Vietnam. Bob Kerrey, the former Gov- ings for Donna: those first 3,500 Marines who landed at ernor and U.S. Senator from Nebraska, Da Nang 50 years ago—a rifleman in When it comes to my wife, the mother of lost a leg while serving as a Navy our children, I am without words. The feel- the 3rd Marine Division, 1st Battalion, SEAL in Vietnam. He was awarded the 9th Marines, C Company. The 1st Bat- ing is so deep and the gratitude so powerful Congressional Medal of Honor. that I am left almost without expression . . . talion suffered the highest casualty I am grateful for each moment I am with her Chuck Hagel, another Nebraskan, rate of any Marine battalion in any side by side and for the promise the Lord has served as an Army sergeant in Vietnam war—a grim distinction that led North given that there will be no end. alongside his brother Tom. He came Vietnam’s Communist President Ho I know Donna finds peace in that home to build a successful business ca- Chi Minh to call them ‘‘The Walking promise, and I pray that her family reer, got elected twice to the U.S. Sen- Dead.’’ The nickname stuck. does too. May God’s love might abide ate, and went on to serve as America’s Mike Badsing attended St. Edward with them at this difficult time, and Secretary of Defense. grammar school, where he played foot- may His love be with all of us who John Kerry was a diplomat’s son— ball, basketball, and Chicago 16’’ soft- mourn the passing of President Boyd truly, a ‘‘fortunate son’’—who served ball. He was the youngest of five kids. K. Packer. with distinction in Vietnam as a Navy One of his older sisters is a nun today. lieutenant from 1966 to 1970. When he He left Chicago for Vietnam on f returned home, he became an eloquent Christmas Eve 1964. About 10 months FIFTY YEARS LATER, RECALLING voice among those calling for an end to later, Sept. 6, 1965, his platoon came THE VIETNAM WAR AND THOSE the war in which he had fought. He under fire and Lance Corporal Badsing WHO FOUGHT IN IT went on to serve his State of Massa- was hit in the abdomen by a sniper Mr. DURBIN. Mr. President, this chusetts as Lieutenant Governor and shot, becoming the first Chicago-area week the United States held a special then represented his State for nearly 30 Marine killed in combat in Vietnam. ceremony to commemorate one of the years in this Senate. He now represents He was buried in All Saints Cemetery longest wars in our Nation’s history— our Nation’s interest on the world in Des Plaines, IL. A half-century the Vietnam war. It was a ceremony to stage as U.S. Secretary of State. later, Marines still visit his grave, honor the men and women who served One of the bravest men I have ever often drinking a few Old Style beers in in that long and searing conflict, espe- met served in Vietnam and then served their friend’s memory. My adopted hometown of Springfield, cially the more than 58,000 young in this Senate. His name is Max IL—also President Lincoln’s adopted Americans who did not come home Cleland. Max went to Vietnam as a 6- foot, 2-inch marine. One day in Viet- hometown—lost 40 young men in com- from the battle. bat during the Vietnam war. Among The Congressional ceremony was nam he stepped on a landmine. The ex- them was an Army helicopter pilot held to commemorate what organizers, plosion ripped off both of his legs and named Captain Michael Davis one of his arms. Max Cleland went on including the Department of Defense, O’Donnell. call the 50th anniversary of the Viet- to serve in the Veterans Administra- Mike O’Donnell died on March 24, nam war. The milestone is a little am- tion under President Carter and later 1970, when a rescue helicopter he was biguous. You see, it was 50 years ago, as a member of this Senate—an amaz- piloting crashed in dense jungle in on March 9, 1965, that the first U.S. ing man. Cambodia, 14 miles over the Cambodia- combat forces—3,500 members of the In all, more than 153,000 U.S. service- Vietnam border. He had gone into Cam- 9th Marine Expeditionary Brigade—ar- members were gravely wounded in bodia to rescue a Special Forces recon- rived at the port city of Da Nang, in Vietnam—wounded seriously enough to naissance team that was about to be what was then the Republic of South require hospitalization. overrun by enemy soldiers. He and his Vietnam. Others sacrificed even more; 58,220 crew had gotten all eight members of The arrival of those young Marines American servicemembers were killed the Special Forces team safely on marked the beginning of a massive U.S. in action during the Vietnam war. board and were taking off when their military buildup that lasted nearly a The Americans who died in Vietnam ‘‘Huey’’ helicopter was hit twice by decade. But America’s military pres- ranged in age from 6 years old to 62. enemy missiles. It was 1 week before ence in Vietnam actually began several Six in 10 were just 21 years old or President Nixon announced publicly years earlier, with the deployment of younger. Their names are carved into that American forces were even in military advisors to assist the South that sacred slab of black marble, the Cambodia. Vietnamese armed forces. Vietnam Veterans Memorial, on the All 12 men aboard Mike O’Donnell’s All told, 9.2 million Americans served National Mall in Washington, DC. Huey died, but it wasn’t until 2001 that in uniform during the Vietnam war; 7.2 In the four decades since the end of their remains were identified and re- million Vietnam-era veterans are still the war, thousands more Vietnam vet- turned. Today, they lie buried together with us, along with 9 million families erans have died from physical and psy- at Arlington Cemetery. of Vietnam-era veterans. chic injuries suffered in that war— Mike O’Donnell was 24 years old Most of the men who served in Viet- dying from causes ranging from can- when he died. He was promoted post- nam came home to build successful ca- cers caused by exposure to the deadly humously to the rank of major.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.024 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4943 In addition to being a soldier, Mike homes. The program helps these fami- the Congressional Budget Act of 1974, O’Donnell was a talented musician and lies know that they are not alone and CBA. For fiscal year 2015, which is still a poet. During his life, he shared his not forgotten. enforced under the deemed budget reso- poems with only a few close friends. Today, 20,000 veterans who served in lution from the Bipartisan Budget Act After he died, soldiers in his unit found Iraq and Afghanistan participate in the of 2013, BBA, Senate authorizing com- a notebook he kept, filled with 22 of his caregivers program. That is more than mittees have increased direct spending poems, which they saved and brought five times the number the VA origi- outlays by $7.8 billion more than the home. nally estimated would sign up. agreed-upon spending levels. Over the Just as ‘‘In Flanders Fields’’ has be- The Veterans Caregiver Program fiscal years 2016–2025 period, which is come the unofficial homage to World doesn’t just help those families; it the entire period covered by S. Con. War I, a poem by Michael Davis helps American taxpayers. Caring for Res. 11, Senate authorizing committees O’Donnell has become the unofficial severely injured veterans in the care- have spent $22 million more than the poem of the Vietnam war. It begins givers program costs the VA $36,000 per budget resolution calls for. with the words, ‘‘If you are able, save veteran, per year. Compare that to the Table 2 gives the amount by which them a place inside of you.’’ Google average $332,000 per veteran, per year it the Senate Committee on Appropria- that line and you will find nearly 75,000 costs the VA to care for these veterans tions exceeds or is below the statutory hits. in nursing homes. spending limits. This information is Mike O’Donnell’s poem was carried in When we started the caregivers pro- used to determine points of order re- combat by untold thousands of men gram, we had to limit it to post-9/11 lated to the spending caps found in sec- who served in Vietnam. It was read at veterans and their families. But we tion 312 and section 314 of the CBA. the dedication of ‘‘The Wall,’’ the na- know now that it works. It saves fami- While no appropriations bills have been tional Vietnam War Memorial, in lies and it saves taxpayers money. enacted, subcommittees are charged Washington, DC. and it is etched into When he chaired the Senate Veterans with permanent and advanced appro- many smaller Vietnam memorials Affairs Committee, our colleague, Sen- priations that first become available across America. ator BERNIE SANDERS said repeatedly for fiscal year 2016. Here is the whole poem: that we should expand the Veterans Table 3 gives the amount by which If you are able, Caregivers Program. He was right. the Senate Committee on Appropria- save them a place So last March—nearly 50 years to the tions exceeds or is below its allocation inside of you day after those first, young Marines for Overseas Contingency Operations/ and save one backward glance landed in Da Nang—Senator BALDWIN Global War on Terrorism, OCO/GWOT, when you are leaving and I introduced a bill to expand the spending. This separate allocation for for the places they can program to U.S. veterans of all wars. OCO/GWOT was established in section no longer go. Our bill is called the VA Family Care- 3102 of S. Con. Res. 11, and is enforced Be not ashamed to say you loved them, givers Expansion and Improvement using section 302 of the CBA. No bills though you may Act. providing funds with the OCO/GWOT or may not have always. They were young once, but today the designation have been enacted thus far Take what they have left average Vietnam veteran is retired. for fiscal year 2016. and what they have taught you Many still struggle with old wounds The budget resolution established with their dying gained in service to our Nation. two new points of order limiting the and keep it with your own. As our Nation and this Congress use of changes in mandatory programs And in that time thank them for their service 50 years in appropriations bills, CHIMPS. Ta- when men decide and feel safe to call the war insane, ago, I hope that we can also work to- bles 4 and 5 show compliance with fis- take one moment to embrace gether in this Senate to provide Viet- cal year 2016 limits for overall CHIMPS those gentle heroes nam veterans the medical care and sup- and the Crime Victims Fund CHIMP, you left behind. port that they and their families need respectively. This information is used Captain Michael Davis O’Donnell today. for determining points of order under 1 January 1970 f section 3103 and section 3104, respec- Dak To, Vietnam tively. No bills have been enacted thus BUDGET SCOREKEEPING REPORT Less than 3 months after writing far for fiscal year 2016 that include those words, Mike O’Donnell died. Mr. ENZI. Mr. President, I wish to CHIMPS. Along with the 58,220 Americans who submit to the Senate the budget In addition to the tables provided by died there, the Vietnam war claimed scorekeeping report for July 2015. The the Senate Budget Committee Repub- the lives of more than one million Vi- report compares current-law levels of lican staff, I am submitting additional etnamese men, women and children. spending and revenues with the tables from CBO that I will use for en- It is fitting, and it is overdue, for amounts provided in the conference re- forcement of budget levels agreed to by America to thank all of those who port to accompany S. Con. Res. 11, the the Congress. served and sacrificed so much in the budget resolution for fiscal year 2016. Because legislation can still be en- Vietnam war. But we owe them more This information is necessary to deter- acted that would have an effect on fis- than speeches and ceremonies. As mine whether budget points of order lie cal year 2015, CBO provided a report for President Lincoln told us in his Second against pending legislation. It has been both fiscal year 2015 and fiscal year Inaugural Address, we have a solemn prepared by the Republican staff of the 2016. This information is used to en- duty ‘‘to care for him who has borne Senate Budget Committee and the Con- force aggregate spending levels in the battle.’’ gressional Budget Office, CBO, pursu- budget resolutions under section 311 of Six years ago I asked my friend, ant to section 308(b) of the Congres- the CBA. CBO’s estimates show that then-Senator Hillary Clinton, if I could sional Budget Act. current law levels of spending for fiscal introduce a bill she had been working This is the first report I have made year 2015 exceed the amounts in the on before she moved on to a bigger and since adoption of the 2016 budget reso- deemed budget resolution enacted in better gig. She agreed, and I introduced lution on May 5, 2015. I will provide the BBA by $8.0 billion in budget au- a bill creating what is now called the these reports periodically, generally thority and $1.0 billion in outlays. Rev- Veterans Caregiver Program, to help one per work period. The information enues are $79.8 billion below the rev- the families of U.S. servicemembers se- contained in this report is current enue floor for fiscal year 2015 set by the verely injured in Iraq and Afghanistan. through July 7, 2015. deemed budget resolution. As well, So- The program provides family care- Table 1 gives the amount by which cial Security outlays are at the levels givers of post 9/11 veterans who have each Senate authorizing committee ex- assumed for fiscal year 2015, while So- suffered catastrophic injuries with ceeds or is below its allocation under cial Security revenues are $170 million training and a small stipend so they the budget resolution. This informa- above levels in the deemed budget. can care for their loved ones at home, tion is used for enforcing committee For fiscal year 2016, CBO estimates rather than sending them to nursing allocations pursuant to section 302 of that current law levels are below the

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.091 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4944 CONGRESSIONAL RECORD — SENATE July 9, 2015 budget resolution’s allowable budget TABLE 1. SENATE AUTHORIZING COMMITTEES—ENACTED TABLE 4. SENATE APPROPRIATIONS COMMITTEE—EN- authority and outlay aggregates by DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET ACTED CHANGES IN MANDATORY SPENDING PROGRAMS $886.0 billion and $526.9 billion, respec- RESOLUTIONS—Continued (CHIMPS)—Continued tively. The allowable spending room (In millions of dollars) (Budget authority, millions of dollars) will be reduced as appropriations bills for fiscal year 2016 are enacted. Reve- 2016– 2016– 2016 2015 2016 2020 2025 nues are $5 million above the level as- Financial Services and General Government ...... 0 sumed in the budget resolution. Fi- Total Homeland Security ...... 0 Budget Authority ... 7,665 0 1 2 Interior, Environment, and Related Agencies ...... 0 nally, Social Security outlays and rev- Outlays ...... 7,767 20 21 22 Labor, Health and Human Services, Education and Related enues are at the levels assumed in the Agencies ...... 0 Legislative Branch ...... 0 budget resolution for fiscal year 2016. Military Construction and Veterans Affairs, and Related Agen- CBO’s report also provides informa- TABLE 2. SENATE APPROPRIATIONS COMMITTEE— 1 cies ...... 0 tion needed to enforce the Senate’s ENACTED REGULAR DISCRETIONARY APPROPRIATIONS State Foreign Operations, and Related Programs ...... 0 (Budget authority, in millions of dollars) Transportation and Housing and Urban Development, and Re- Pay-As-You-Go rule. The Senate’s Pay- lated Agencies ...... 0 As-You-Go scorecard currently shows a 2016 Current Level Total ...... 0 balance of ¥$470 million over the fiscal ¥ 2 2 Total CHIMPS Above (+) or Below ( ) Budget Resolu- years 2015–2020 period and $125 million Security Nonsecurity tion ...... ¥19,100 over the fiscal years 2015–2025 period. Statutory Discretionary Limits 523,091 493,491 Over the initial 6-year period, Congress Amount Provided by Senate Appropriations Subcommittee TABLE 5. SENATE APPROPRIATIONS COMMITTEE—EN- has enacted legislation that would in- Agriculture, Rural Development, and ACTED CHANGES IN MANDATORY SPENDING PROGRAM Related Agencies ...... 0 9 crease revenues by $2.3 billion and in- Commerce, Justice, Science, and Re- (CHIMP) TO THE CRIME VICTIMS FUND crease outlays by $1.9 billion. Over the lated Agencies ...... 0 0 (Budget authority, millions of dollars) Defense ...... 41 0 11-year period, Congress has enacted Energy and Water Development ...... 0 0 legislation that would reduce revenues Financial Services and General Govern- 2016 ment ...... 0 41 by $5.3 billion and decrease outlays by Homeland Security ...... 0 9 Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year 2016 10,800 $5.2 billion. The Senate’s Pay-As-You- Interior, Environment, and Related Agencies ...... 0 0 Senate Appropriations Subcommittees Go rule is enforced by section 201 of S. Labor, Health and Human Services, Agriculture, Rural Development, and Related Agencies ...... 0 Con. Res. 21, the fiscal year 2008 budget Education and Related Agencies ..... 0 24,678 Commerce, Justice, Science, and Related Agencies ...... 0 Legislative Branch ...... 0 0 Defense ...... 0 resolution. Military Construction and Veterans Af- Energy and Water Development ...... 0 All years in the accompanying tables fairs, and Related Agencies ...... 0 56,217 Financial Services and General Government ...... 0 are fiscal years. State Foreign Operations, and Related Homeland Security ...... 0 Programs ...... 0 0 Interior, Environment, and Related Agencies ...... 0 I ask unanimous consent that this Transportation and Housing and Urban Labor, Health and Human Services, Education and Related statement and the accompanying ta- Development, and Related Agencies 0 4,400 Agencies ...... 0 ECORD Legislative Branch ...... 0 bles be printed in the R . Current Level Total ...... 41 85,354 Military Construction and Veterans Affairs, and Related Agen- There being no objection, the mate- Total Enacted Above (+) or Below cies ...... 0 rial was ordered to be printed in the (¥) Statutory Limits ...... ¥523,050 ¥408,137 State Foreign Operations, and Related Programs ...... 0 Transportation and Housing and Urban Development, and Re- RECORD, as follows: 1 This table excludes spending pursuant to adjustments to the discre- lated Agencies ...... 0 tionary spending limits. These adjustments are allowed for certain purposes in section 251(b)(2) of BBEDCA. Current Level Total ...... 0 TABLE 1. SENATE AUTHORIZING COMMITTEES—ENACTED 2 Security spending is defined as spending in the National Defense budg- Total CVF CHIMP Above (+) or Below (¥) Budget Reso- DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET et function (050) and nonsecurity spending is defined as all other spending. lution ...... ¥10,800 RESOLUTIONS (In millions of dollars) TABLE 3. SENATE APPROPRIATIONS COMMITTEE—EN- U.S. CONGRESS, ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL CONGRESSIONAL BUDGET OFFICE, 2016– 2016– WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS Washington, DC, July 9, 2015. 2015 2016 2020 2025 (In millions of dollars) Hon. MIKE ENZI, Agriculture, Nutrition, and For- Chairman, Committee on the Budget, estry 2016 U.S. Senate, Washington, DC. Budget Authority ...... 254 0 0 0 Outlays ...... 229 0 0 0 BA OT DEAR MR. CHAIRMAN: The enclosed report Armed Services shows the effects of Congressional action on Budget Authority ...... ¥15 0 0 0 OCO/GWOT Allocation 1 ...... 96,287 48,798 Outlays ...... 0 0 0 0 the fiscal year 2015 budget and is current Banking, Housing, and Urban Amount Provided by Senate Appropriations Subcommittee through July 7, 2015. This report is submitted Affairs Agriculture, Rural Development, and Related under section 308(b) and in aid of section 311 Budget Authority ...... 121 0 0 0 Agencies ...... 0 0 of the Congressional Budget Act, as amend- Outlays ...... 121 0 0 0 Commerce, Justice, Science, and Related Commerce, Science, and Agencies ...... 0 0 ed. Transportation Defense ...... 0 0 The estimates of budget authority, out- Budget Authority...... 0 0 0 0 Energy and Water Development ...... 0 0 Outlays ...... 0 0 0 0 Financial Services and General Government .... 0 0 lays, and revenues are consistent with the Energy and Natural Resources Homeland Security ...... 0 0 Budget Authority...... 0 0 0 0 allocations, aggregates, and other budgetary ¥ Interior, Environment, and Related Agencies ... 0 0 levels printed in the Congressional Record on Outlays ...... 2 0 0 0 Labor, Health and Human Services, Education Environment and Public Works May 5, 2014, pursuant to section 116 of the Bi- Budget Authority...... 0 0 0 0 and Related Agencies ...... 0 0 Outlays ...... 0 0 0 0 Legislative Branch ...... 0 0 partisan Budget Act (Public Law 113–67). Military Construction and Veterans Affairs, Finance This is CBO’s first current level report for Budget Authority ...... 7,322 0 0 0 and Related Agencies ...... 0 0 Outlays ...... 7,288 0 0 0 State Foreign Operations, and Related Pro- fiscal year 2015. Foreign Relations grams ...... 0 0 Sincerely, Budget Authority ...... ¥20 0 0 0 Transportation and Housing and Urban Devel- Outlays ...... ¥20 0 0 0 opment, and Related Agencies ...... 0 0 KEITH HALL, Homeland Security and Gov- Director. ernmental Affairs Current Level Total ...... 0 0 Budget Authority...... 0 0 0 0 Total OCO/GWOT Spending vs. Budget Enclosure. Outlays ...... 0 0 0 0 Resolution ...... ¥96,287 ¥48,798 Judiciary Budget Authority...... 0 0 1 2 BA = Budget Authority; OT = Outlays. TABLE 1. SENATE CURRENT LEVEL REPORT FOR SPENDING Outlays ...... 0 0 1 2 1 This allocation may be adjusted by the Chairman of the Budget Com- AND REVENUES FOR FISCAL YEAR 2015, AS OF JULY 7, Health, Education, Labor, and mittee to account for new information, pursuant to section 3102 of S. Con. Pensions Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. 2015 Budget Authority...... 3 0 0 0 (In billions of dollars) Outlays ...... 1 0 0 0 Rules and Administration TABLE 4. SENATE APPROPRIATIONS COMMITTEE—EN- Budget Authority...... 0 0 0 0 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS Current Outlays ...... 0 0 0 0 Budget Current Level Intelligence (CHIMPS) Over/Under Resolution Level ¥ Budget Authority...... 0 0 0 0 (Budget authority, millions of dollars) ( ) Outlays ...... 0 0 0 0 Resolution Veterans’ Affairs Budget Authority...... 0 0 0 0 2016 On-Budget Outlays ...... 150 20 20 20 Budget Authority ...... 3,026.4 3,034.4 8.0 Indian Affairs CHIMPS Limit for Fiscal Year 2016 ...... 19,100 Outlays ...... 3,039.6 3,040.7 1.0 ¥ Budget Authority...... 0 0 0 0 Senate Appropriations Subcommittees Revenues ...... 2,533.4 2,453.6 79.8 Outlays ...... 0 0 0 0 Off-Budget Small Business Agriculture, Rural Development, and Related Agencies ...... 0 Social Security Outlays a 736.6 736.6 0.0 Budget Authority...... 0 0 0 0 Commerce, Justice, Science, and Related Agencies ...... 0 Social Security Revenues 771.7 771.9 0.2 Outlays ...... 0 0 0 0 Defense ...... 0 Energy and Water Development ...... 0 Source: Congressional Budget Office.

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a. Excludes administrative expenses from the Federal Old-Age and Sur- vivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated annually. TABLE 2. SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2015, AS OF JULY 7, 2015 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,533,388 Permanents and other spending legislation ...... 1,877,558 1,802,360 n.a. Appropriation legislation ...... 0 508,261 n.a. Offsetting receipts ...... ¥735,195 ¥734,481 n.a. Total, Previously Enacted ...... 1,142,363 1,576,140 2,533,388 Enacted Legislation b Lake Hill Administrative Site Affordable Housing Act (P.L. 113-141) ...... 0 ¥2 0 Emergency Supplemental Appropriations Resolution, 2014 (P.L. 113–145) ...... 0 75 0 Highway and Transportation Funding Act of 2014 (P.L. 113–159) ...... 0 ¥15 2,590 Emergency Afghan Allies Extension Act of 2014 (P.L. 113–10) ...... 5 5 6 Continuing Appropriations Resolution, 2015 (P.L. 113–164) c ...... ¥4,705 ¥180 0 Preventing Sex Trafficking and Strengthening Families Act (P.L. 113–183) ...... 0 10 0 IMPACT Act of 2014 (P.L. 113–185) ...... 22 22 0 Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113–235) ...... 1,884,271 1,426,085 ¥178 To amend certain provisions of the FAA Modernization and Reform Act of 2012 (P.L. 113–243) ...... 0 0 ¥28 Naval Vessel Transfer Act of 2013 (P.L. 113–276) ...... ¥20 ¥20 0 Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113–291) ...... ¥15 0 0 An act to amend the Internal Revenue Code of 1986 to extend certain expiring provisions and make technical corrections, to amend the Internal Revenue Code of 1986 to provide for the treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes (P.L. 113–295) ...... 160 160 ¥81,177 Terrorism Risk Insurance Program Reauthorization Act of 2015 (P.L. 114–1) ...... 121 121 1 Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4) ...... 47,763 27,534 0 Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114–10) ...... 7,354 7,329 0 Construction Authorization and Choice Improvement Act (P.L. 114–19) ...... 0 20 0 A bill to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 130 0 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 38 7 ¥1,051 Total, Enacted Legislation ...... 1,934,994 1,461,281 ¥79,837 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥42,921 3,239 0 Total Current Level d ...... 3,034,436 3,040,660 2,453,551 Total Senate Resolution e ...... 3,026,439 3,039,624 2,533,388 Current Level Over Senate Resolution ...... 7,997 1,036 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 79,837 Source: Congressional Budget Office. Notes: n.a.=not applicable; P.L.=Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during the 2nd session of the 113th Congress but before publication in the Congressional Record of the statement of the allocations and aggregates pursuant to section 116 of the Bipartisan Budget Act of 2013 (P.L. 113–67): the Agricultural Act of 2014 (P.L. 113–79), the Homeowner Flood Insurance Affordability Act of 2014 (P.L. 113–89), the Gabriella Mil- ler Kids First Research Act (P.L. 113–94), and the Cooperative and Small Employer Charity Pension Flexibility Act (P.L. 113–97). b. Pursuant to section 403(b) of S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, amounts designated as an emergency requirement pursuant to section 403 of S. Con. Res. 13, shall not count for certain budgetary enforcement purposes. The amounts so designated for 2015, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues Veteran’s Access to Care through Choice, Accountability, and Transparency Act of 2014 (P.L. 113-146) ...... ¥1,331 6,619 ¥42 c Sections 136 and 137 of the Continuing Appropriations Resolution, 2015 (P.L. 113–164) provide $88 million to respond to the Ebola virus, which is available until September 30, 2015. Section 139 rescinds funds from the Children’s Health Insurance Program. Section 147 extended the authorization for the Export-Import Bank of the United States through June 30, 2015. d For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. e Periodically, the Senate Committee on the Budget revises the budgetary levels printed in the Congressional Record on May 5, 2014, pursuant to section 116 of the Bipartisan Budget Act of 2013 (Public Law 113–67): Budget Authority Outlays Revenues Original Senate Resolution ...... 2,939,993 3,004,163 2,533,388 Revisions: Adjustment for Disaster Designated Spending ...... 100 43 0 Adjustment for Overseas Contingency Operations and Disaster Designated Spending ...... 74,995 31,360 0 Adjustment for Emergency Designated Spending ...... 0 75 0 Adjustment for the Consolidated and Further Continuing Appropriations Act, 2015 ...... 11,351 3,983 0 Revised Senate Resolution ...... 3,026,439 3,039,624 2,533,388

U.S. CONGRESS, the fiscal year 2016 budget and is current Con. Res. 11, the Concurrent Resolution on CONGRESSIONAL BUDGET OFFICE, through July 7, 2015. This report is submitted the Budget for Fiscal Year 2016. Washington, DC, July 9, 2015. under section 308(b) and in aid of section 311 This is CBO’s first current level report for Hon. MIKE ENZI, of the Congressional Budget Act, as amend- Chairman, Committee on the Budget, ed. fiscal year 2016. U.S. Senate, Washington, DC. The estimates of budget authority, out- Sincerely, KEITH HALL, Director. DEAR MR. CHAIRMAN: The enclosed report lays, and revenues are consistent with the shows the effects of Congressional action on technical and economic assumptions of S. Enclosure. TABLE 1. SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF JULY 7, 2015 (In billions of dollars)

Current Level Budget ¥ a Current Level Over/Under ( ) Resolution Resolution

ON-BUDGET Budget Authority ...... 3,032.8 2,146.7 ¥886.0 Outlays ...... 3,091.3 2,564.4 ¥526.9 Revenues ...... 2,676.0 2,676.0 0.0 OFF-BUDGET Social Security Outlays b ...... 777.1 777.1 0.0 Social Security Revenues ...... 794.0 794.0 0.0

Source: Congressional Budget Office. a Excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending that is not yet allocated to the Senate Committee on Appropriations.

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b Excludes administrative expenses from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated annually.

TABLE 2. SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF JULY 7, 2015 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a. Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: A bill to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Total, Enacted Legislation ...... 445 195 ¥761 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 962,619 945,910 0 Total Current Level b ...... 2,146,740 2,564,396 2,675,972 Total Senate Resolution c ...... 3,032,788 3,091,273 2,675,967 Current Level Over Senate Resolution ...... n.a. n.a. 5 Current Level Under Senate Resolution ...... 886,048 526,877 n.a. Memorandum: Revenues, 2016–2025: Senate Current Level ...... n.a. n.a. 32,233,094 Senate Resolution ...... n.a. n.a. 32,233,099 Current Level Over Senate Resolution ...... n.a. n.a. n.a Current Level Under Senate Resolution ...... n.a. n.a. 5 Source: Congressional Budget Office. Notes: n.a. = not applicable, P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–1); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4), and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114– 10). b For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. c Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con Res. 11, pursuant to various provisions of the resolution. The Senate resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con Res. 11 for disaster-related spending that is not yet allocated to the Senate Committee on Appropriations: Budget Authority Outlays Revenues Senate Resolution ...... 3,032,343 3,091,098 2,676,733 Revisions: Pursuant to section 4311 of S. Con. Res. 11 ...... 445 175 ¥766 Revised Senate Resolution ...... 3,032,788 3,091,273 2,675,967 TABLE 3. SUMMARY OF THE SENATE PAY-AS-YOU-GO fourth anniversary of South Sudan’s reported separately by the U.N. and SCORECARD FOR THE 114TH CONGRESS—1ST SES- independence. This should be a day of various human rights organizations. SION, AS OF JULY 7, 2015 celebration, but it is instead a day Tragically, increased fighting this (In millions of dollars) marred by violence and suffering. For spring has been characterized by an the last 19 months, hostilities between even greater level of brutality. Accord- 2015–2020 2015–2025 the government and the opposition ing to the United Nations Children’s Beginning Balance a ...... 0 0 have brought the world’s newest coun- Fund, UNICEF, as many as 129 children Enacted Legislation: b try to the brink of ruin. Regional medi- Iran Nuclear Agreement Review Act of were killed in May in Unity State 2015 (P.L. 114–17) c ...... n.e. n.e. ation efforts have failed, and the inter- alone—boys were castrated and left to Construction Authorization and Choice national community has yet to come Improvement Act (P.L. 114–19) ...... 20 20 bleed to death, girls as young as 8 Justice for Victims of Trafficking Act of up with a viable plan to end the vio- years old were raped and killed, some 2015 (P.L. 114–22) ...... 1 2 lence. Unless we jumpstart diplomatic Uniting and Strengthening America by children had their throats slit or were Fulfilling Rights and Ensuring Effec- efforts immediately, this conflict is thrown into burning buildings by gov- tive Discipline Over Monitoring Act of destined to become another long-run- 2015 (P.L. 114–23) ...... * * ernment-allied militia. This is in addi- To extend the authorization to carry out ning war in Africa that is ignored by tion to the estimated 13,000 children the replacement of the existing med- the rest of the world. being forcibly recruited to fight by ical center of the Department of Vet- As some of my colleagues may know, erans Affairs in Denver, Colorado (P.L. government and opposition forces. The 114–25) ...... 150 150 ongoing political tensions between behavior of armed groups is beyond in- Defending Public Safety Employees’ Re- forces loyal to President Salva Kiir and tirement Act & Bipartisan Congres- humane. sional Trade Priorities and Account- forces loyal to former Vice President ability Act of 2015 (P.L. 114–26) ...... ¥1 5 As a result of the war, 1.5 million Trade Preferences Extension Act of 2015 Riek Machar, coupled with preexisting (P.L. 114–27) ...... ¥640 ¥52 ethnic tensions, erupted in violence on people are internally displaced. More than 730,000 have crossed borders into Current Balance ...... ¥470 125 the night of December 15, 2013. Both Memorandum: sides in the conflict have committed Sudan, Ethiopia, Uganda, and Kenya as 2015–2020 2015–2025 and continue to commit serious human refugees. The number of people facing Changes to Revenues ...... 2,348 ¥5,328 rights violations. The nature and scale severe food insecurity has almost dou- ¥ Changes to Outlays ...... 1,878 5,203 of the abuses in the first days, weeks, bled since the start of the year from 2.5 Source: Congressional Budget Office. and months of the conflict prompted million to an estimated 4.6 million peo- Notes: n.e. = not able to estimate; P.L. = Public Law. * = between ¥$500,000 and $500,000. the African Union to establish a Com- ple, including approximately 874,000 a Pursuant to S. Con. Res. 11, the Senate Pay-As-You-Go Scorecard was mission of Inquiry in March of last children under the age of 5. reset to zero. b The amounts shown represent the estimated impact of the public laws year to investigate. However the Com- The recent uptick in hostilities has on the deficit. Negative numbers indicate an increase in the deficit; positive mission’s report, while completed, has made it extremely challenging for hu- numbers indicate a decrease in the deficit. c P.L. 114–17 could affect direct spending and revenues, but such im- never been publicly released. We have manitarian organizations to reach pop- pacts would depend on future actions of the President that CBO cannot pre- seen the contents of a version of the re- ulations in need. Aid workers continue dict. (http://www.cbo.gov/sites/default/files/cbofiles/ attachments/s615.pdf) port that was leaked in March and the to be harassed, detained, and abducted. f findings are truly disturbing: indis- The Government of South Sudan ex- criminate killing of civilians, burning pelled the United Nations Deputy Spe- SOUTH SUDAN and looting of hospitals and humani- cial Representative and Humanitarian Mr. CARDIN. Mr. President, today I tarian assets, attacks on United Na- Coordinator Toby Lanzer in June. His wish to speak about the ongoing civil tions compounds, and rape on a mas- expulsion comes at a time of increasing war in South Sudan. July 9 marks the sive scale. Similar findings have been humanitarian need. The ruthless

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We should push regional fare commander, and force tactical ac- tarian arm and obstruction of U.N. actors to move forward with efforts to tion officer. peacekeeping operations to protect ci- establish the parameters and modali- Since January 2013, Lieutenant vilians, and the refusal of the parties ties of a court or other transitional Rosenberg has served as a Senate liai- to engage in good-faith negotiations to justice mechanism. Initiating such son officer in the Navy Office of Legis- end hostilities all paint a picture of mechanisms now—rather than waiting lative Affairs. In this capacity, she has two opposing sides that have very little for an end to the war—more adequately been a major asset to the Navy and regard for the needs or wellbeing of demonstrates the international com- Congress. Over the course of the last 2 South Sudanese citizens. munity’s commitment to justice for years, Lieutenant Rosenberg has led 21 In light of the gravity of the situa- victims than empty statements on the Congressional delegations to 36 dif- tion on the ground, we must urgently importance of accountability. ferent countries. She has escorted 54 consider taking several steps: First, we Finally, I urge President Obama to Members of Congress and 36 personal should push for a United Nations arms convene a meeting with the Secretaries and professional staff members. She embargo on South Sudan to stop the General of the Africa Union and United has distinguished herself by going flow of arms to all warring factions. We Nations while he is in Addis Ababa this above and beyond the call of duty to fa- may or may not be successful in con- month to discuss a way forward that cilitate and successfully execute each vincing all of the Permanent Five involves those two bodies and members and every trip, despite any number of members of the Security Council to of the Troika. And these talks must in- weather, aircraft, and diplomatic com- agree with us on this, but we will never volve key regional players who could plications. Her leadership, energy, and be successful if we don’t make the at- prove spoilers to any process, including integrity have ensured that numerous tempt. On July 1, the United Nations Sudan and Uganda. challenging Senate overseas trips have Security Council imposed personal tar- The cost of this war has been astro- been flawlessly executed, to include an geted sanctions on six South Sudanese nomical. The U.N. Mission to South arduous trip to Afghanistan. generals it believes are fueling the Sudan has cost over $2 billion in the This Chamber will feel Lieutenant fighting. I welcome this move, but I past 2 years alone. The international Rosenberg’s absence. I join many past have doubts that this alone will prove community has provided nearly $2.7 and present Members of Congress in my a game changer. Strangling the supply billion in humanitarian assistance. The gratitude and appreciation to Lieuten- of arms and materiel of the actors on United States alone has provided more ant Rosenberg for her outstanding the ground could prove far more effec- than $1.2 billion for those purposes. leadership and her unwavering support tive than sanctioning military leaders This is money that should have been of the missions of the U.S. Navy, the who don’t travel outside the country or invested in building a country that had Senate Armed Services Committee, hold assets internationally. already been devastated by decades of Senate Foreign Relations Committee, Second, we must undertake a review war with Sudan. However, the real Senate Select Committee on Intel- of the military training and assistance tragedy is not the dollars lost—it is in ligence, and others. I wish Lieutenant we are providing to countries in the re- the thousands of lives lost, the seeds Rosenberg ‘‘fair winds and following gion to determine whether soldiers we sown of ethnic hatred and division and seas.’’ have trained and equipment we have the squandering of an opportunity to f supplied are being used to either com- build a nation that could provide a fu- ACCREDITATION mit human rights abuses in South ture to millions of people that were Sudan or prolong hostilities. We should marginalized, attacked and abused by Mr. ALEXANDER. Mr. President, I also consider whether extra safeguards Khartoum. We must take action now to ask unanimous consent to have printed are warranted to ensure that U.S. secu- stop the war and prevent the deaths of in the RECORD a copy of my remarks at rity assistance is not being used to sup- thousands more South Sudanese. the Senate Committee on Health, Edu- cation, Labor and Pensions hearing on port the warring factions or otherwise f contributing to the conflict. ‘‘Reauthorizing the Higher Education Third, we must expand our invest- TRIBUTE TO LIEUTENANT Act: Evaluating Accreditation’s Role ments in reconciliation efforts. USAID KATHRYN ELIZABETH ROSENBERG in Ensuring Quality.’’ has joined with international partners Mr. MCCAIN. Mr. President, I wish to There being no objection, the mate- and is doing a tremendous job on the recognize and honor Lieutenant Kath- rial was ordered to be printed in the humanitarian front. But our aid ryn Rosenberg, U.S. Navy, as she trans- RECORD, as follows: should, to the extent possible, be cou- fers from the Navy Office of Legislative ACCREDITATION pled with an increase in peace and rec- Affairs. We’re here today to discuss our system for onciliation activities. The vicious na- A native of Pennsylvania, Lieutenant ensuring that colleges are giving students a ture of the attacks on civilians will Rosenberg was commissioned an ensign good education. That’s called accreditation. make post-war, community-level re- through the Naval ROTC Program Accreditation is a self-governing process that was created by colleges in the 1800s. The construction efforts and national heal- upon graduation from George Wash- organizations they created were intended to ing enormously difficult. We cannot ington University in 2008. help colleges distinguish themselves from wait until the war is over to begin to Lieutenant Rosenberg, a surface war- high schools and later, to accredit one an- bring people together. These programs fare officer, has performed in a consist- other. should also include activities that sup- ently outstanding manner under the At this time there was no federal involve- port justice at the local level so that most challenging of circumstances. ment in higher education or accreditation, people who have borne the brunt of the Lieutenant Rosenberg served with dis- and right around the end of World War II, tinction and gained extensive experi- about 5% of the population had earned a col- violence can obtain some measure of lege degree. closure. ence in the surface fleet during her Accreditation however took on a new role Fourth, we must begin to look at how first two sea tours. While assigned to in the 1950’s. After the Korean War, Congress we put accountability mechanisms in the USS Stockdale (DDG 106) from June went looking for a way to ensure that the place. During his trip to east Africa in 2008 to November 2010, Lieutenant money spent for the GI Bill to help veterans May, Secretary Kerry announced $5 Rosenberg served as the pre-commis- go to college was being used at legitimate, million to support accountability ef- sioning auxiliaries officer and combat quality institutions. forts. I applaud this move, and am information center officer while ob- Congress had enough sense to know they couldn’t do the job of evaluating the diver- pleased to hear that we are supporting taining her surface warfare officer pin sity of our colleges and universities them- the collection of evidence of gross and engineering officer of the watch selves so they outsourced the task to accred- human rights violations and preserving qualification. From March 2011 to De- itation. Accreditors became, as many like to records for use in the future. We must cember 2012, Lieutenant Rosenberg was say, ‘‘gatekeepers’’ to federal funds.

VerDate Sep 11 2014 07:34 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.090 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4948 CONGRESSIONAL RECORD — SENATE July 9, 2015 The Korean War G.I. Bill of 1952 first estab- agency they’d like to use. If they could, sas continues to flourish under the lished this new responsibility—it said that would that drive quality? council’s encouragement and vision. By veterans could only use their benefits at col- Third, do federal rules and regulations focusing on the future and on mutually leges that were accredited by an agency rec- force accreditors to spend too much time on beneficial goals, the council is a leader ognized by what was called the Commis- issues other than quality? sioner of Education, and then after the De- Accreditation may now be ‘‘cops on the in visualizing and promoting invest- partment of Education was created in 1979, beat’’ for Department of Education rules and ments that meet the needs of citizens the Secretary of Education. regulations unrelated to academic quality. and local businesses. In recent years, The Higher Education Act of 1965 used this Accreditors review fire codes, institutional the council’s goals have expanded to- same idea when it created federal financial finances (something the Department of Edu- ward growing the region’s workforce, aid for non-veteran college students. Around cation already looks at) and whether a including increasing the number of this time, about 10% of the population had school is in compliance with Department high school and college graduates and received a college degree. rules for Title IV. To me, these don’t seem to attracting top talent. However, the 1992 Higher Education Act be an accreditor’s job. Amendments were the first time the law said Fourth, do accreditors have the right tools This unique partnership encourages much about what standards accreditors and flexibility to deal with the many dif- communities throughout the region to needed to use when assessing quality at in- ferent institutions with many different needs think about long-term goals and cre- stitutions of higher education. and circumstances? ates a strategic plan to accomplish Today, current law outlines 10 broad stand- Some well-established institutions may them. What is impressive is that the ards that federally recognized accreditors not need to go through the same process as council consistently achieves most of must have when reviewing colleges: student everyone else, allowing accreditors to focus its goals, often ahead of schedule. achievement; curriculum; faculty; facilities; on those institutions that need the most The council is a model for success. fiscal and administrative capacity; student help. support services; recruiting and admissions Finally, could the public benefit from more Economic development regions across practices; measure of program length; stu- information about accreditation? Arkansas and throughout the country dent complaints; and compliance with Title All the public learns from the accredita- use the council as a model, with hopes IV program responsibility. tion process is whether a school is accredited of achieving similar success. The coun- The law tells accreditors that they must or unaccredited. Even at comparable col- cil has demonstrated the value of co- measure student achievement, but it doesn’t leges, quality may vary dramatically, yet all operation and collaboration, as well as tell them how to do it. institutions receive the same, blanket ‘‘ac- the importance of keeping attention Colleges and accreditors determine the credited’’ stamp of approval. Seems to me focused on common ground and shared specifics of the standards—not the Depart- that there could be more information pro- ment of Education. vided to students, families or policymakers. interests. For the student achievement standard, col- We’d better find a way to make accredita- I congratulate the Northwest Arkan- leges and universities define how they meet tion work better. sas Council on its 25-year commitment that standard based on their mission—the There’s really not another way to do this— to growth and development and for law specifically doesn’t let the Department to monitor quality. Because if accreditation continuing to make the region better of Education regulate or define student doesn’t do it, I can assure you that Congress through infrastructure improvements, achievement. can’t. And the Department of Education cer- workforce development, and regional And in fact, in 2007, when the Department tainly doesn’t have the capacity or know- stewardship. I look forward to con- of Education tried to do that, Congress how. stopped it. They could hire a thousand bureaucrats to tinuing to work with the Northwest Still, Congress spends approximately $33 run around the country reviewing 6,000 col- Arkansas Council and seeing its future billion for Pell grants each year, and tax- leges, but you can imagine what that would achievements.∑ payers will lend over $100 billion in loans be like. f this year that students have to pay back. They’re already trying to rate colleges, So we have a duty to make certain that and no one is optimistic about their efforts— REMEMBERING SHERIFF RALPH students are spending that money at quality I think they’ll collapse of their own weight. LAMB colleges and universities. So it’s crucial that accrediting of our col- ∑ Mr. HELLER. Mr. President, today I believe there are two main concerns leges improve. about accreditation: we honor the life and legacy of former Our witnesses have a variety of viewpoints Clark County Sheriff Ralph Lamb, First, is it ensuring quality? on accreditation and I look forward to the And second, is the federal government discussion. whose passing signifies a great loss to guilty of getting in the way of accreditors Nevada. I send my condolences and f doing their job? prayers to his wife Rae and all of Mr. The Task Force on Government Regulation ADDITIONAL STATEMENTS Lamb’s family in this time of mourn- of Higher Education, which was commis- ing. He was a man committed to his sioned by a bipartisan group of senators on this committee, told us in a detailed report family, his country, his State, and his RECOGNIZING THE NORTHWEST community. Although he will be sorely that federal rules and regulations on ARKANSAS COUNCIL accreditors have turned the process into fed- missed, his legendary influence eral ‘‘micro-management.’’ ∑ Mr. BOOZMAN. Mr. President, I want throughout the Silver State will con- In addressing these two concerns, I think to recognize the hard work, dedication, tinue on. we should look at five areas: and achievements of the Northwest Ar- Mr. Lamb was born on April 10, 1927, First, are accreditors doing enough to en- kansas Council, which is celebrating in a small ranching community in sure that students are learning and receiving its 25th anniversary. This organization Alamo. He was one of 11 children who a quality education? A recent survey commissioned by Inside helped transform Northwest Arkansas helped on the family farm and worked Higher Ed found that 97% of chief academic into an economic powerhouse. In 1990, in the local schoolhouse to support the officers at public colleges and universities business and community leaders cre- family. At 11 years old, his father was believe their institution is ‘‘very or some- ated a cooperative regional business killed in a rodeo accident, and he was what effective at preparing students for the foundation with a focus on what is best taken in by his oldest brother Floyd workforce.’’ for the region. Now, 25 years later, the Lamb. Mr. Lamb served in the Army But a Gallup survey shows that business council has strengthened partnerships during World War II in the Pacific The- leaders aren’t so sure—only one-third of American business leaders say that colleges and achieved many successes. ater, later returning to Nevada. He be- and universities are graduating students Early on, the council recognized the came a Clark County deputy sheriff with the skills and competencies their busi- importance of expanding the region’s and soon after was named chief of de- nesses need. Nearly a third of business lead- infrastructure. It planted the seeds for tectives. In 1954, he left the Clark ers disagree, with 17% going as far as to say development by pursuing the construc- County Sheriff’s Department to form a that they strongly disagree. tion of a new regional airport, an inter- private detective agency. Second, would more competition and state to connect western Arkansas, and It wasn’t until 1958 that Mr. Lamb choice among accreditors be one way to im- a massive 2-ton water system to serve showed interest in returning to the de- prove quality? Accreditation is one of the few areas in Benton and Washington Counties. partment. He was named Clark County higher education without choice and com- These priorities laid the foundation Sheriff in 1961 and served under this petition. Today colleges and universities for the expansive growth and develop- title for 18 years, an unprecedented cannot choose which regional accrediting ment of the region. Northwest Arkan- amount of time that continues to be

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.043 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4949 the longest anyone has held the job. ignated the county seat in 1887. The graduate and graduate students. He His unwavering dedication to the de- city expanded its growth in 1906 when boosted graduation rates while winning partment and the community will al- copper mining dominated the area. The lacrosse and basketball games. He ways be remembered. necessity to accommodate numerous made sure that no campus was left out Mr. Lamb truly strived to make the miners who worked in the area drove or left behind. He made sure to support department the absolute best it could the development of the city and kin- the University of Maryland flagship, be. Throughout his tenure, organized dled the construction of many build- our schools out in western Maryland crime was prevalent in the Las Vegas ings. The Hotel Nevada was built dur- and on the Eastern Shore—Frostburg community. Mr. Lamb worked with the ing this time of the Prohibition era in and Salisbury—and our Historically county commission to pass the ‘‘work 1929 and was deemed the tallest build- Black Colleges and Universities, card law,’’ requiring anyone working in ing in the State with six floors in the HBCUs. He also worked to make sure the gaming industry to be 1940s. It is one of a kind and continues our professional schools in downtown fingerprinted, photographed, and to no- to maintain its authenticity with its Baltimore remained strong. In fact, tify the sheriff if he or she moved jobs. original structure, bringing a distinct downtown Baltimore has some of the This important piece of legislation rural West feel. I am grateful this re- best medical, law, nursing and social helped significantly in fighting orga- markable site provides visitors and work schools in the world. Students nized crime. residents a glimpse into Nevada’s past. knew they could count on Dr. Kirwan. He was also a key contributor in It is truly a staple for the Ely commu- He made college more affordable by transitioning the Clark County Sher- nity. freezing tuition for 4 years. Even fac- iff’s Department into a more sophisti- The hotel and gambling hall offers 67 ulty knew they could count on him. cated force and in helping in its con- updated rooms to guests. It also pro- Dr. Kirwan has so many more accom- solidation with the Las Vegas Police vides the only 24-hour restaurant and plishments that it is difficult to know where to begin. Particularly, the ac- Department, creating stability in the full-service hotel and casino in Ely. complishments I am most proud of law enforcement community with the Since its opening, it has received many were the ones where we worked to- present Metropolitan Police Depart- well-known guests, including Wayne gether. When Senator ALEXANDER and I ment, Metro. His administration cre- Newton, Mickey Rooney, and Lyndon worked together on the reauthoriza- ated the city’s first SWAT team and Johnson. Each time my wife and I trav- tion of the Higher Education Act in brought the Las Vegas metropolitan el to the city of Ely, we stay at the 2008, we looked at two things: how can area a modern crime lab, including a Hotel Nevada. I can say from first-hand we make sure young people get a qual- mobile crime lab. Metro was one of the experience Hotel Nevada offers an unity and affordable education, and how first police agencies to utilize semi- paralleled historic experience to its can colleges and universities control automatic pistols and in-car com- guests. It gives me great pleasure to their costs. What emerged was the rec- puters, all driven by the hard work of see this business celebrate 86 years of ognition that we needed to do some- Mr. Lamb. His many accomplishments success. thing about burdensome regulations. will benefit future Metro officers for Hotel Nevada has demonstrated pro- That is why Senator ALEXANDER and I, fessionalism, commitment to excel- years to come. along with Senators BENNET and BURR, I extend my deepest sympathies to lence, and true dedication to authen- created a task force to look at the his family. We will always remember ticity since its opening. After 86 years, issue of duplicative, burdensome higher Mr. Lamb for his invaluable contribu- it stands a true testament to the City education regulations. tions to the local community. It is the of Ely. Today, I ask my colleagues to Because of Dr. Kirwan’s wealth and brave men and women who serve in the join me in recognizing Hotel Nevada on knowledge of higher education, I knew local police department who keep our its 86th anniversary. ∑ he was the right man for the job to communities safe. These heroes self- f lead this particular task force. What he lessly put their lives on the line every TRIBUTE TO DR. WILLIAM ‘‘BRIT’’ was able to accomplish is astounding. day. Mr. Lamb’s sacrifice and courage KIRWAN The task force, under his leadership, earn him a place among the output together a comprehensive report standing men and women who have val- ∑ Ms. MIKULSKI. Mr. President, I wish that identified the 10 most onerous reg- iantly put their lives on the line to to honor the extraordinary Dr. William ulations institutions of higher edu- keep our communities safe, and his ‘‘Brit’’ Kirwan, who recently left the cation were faced with. The report also service will never be forgotten. post of chancellor of the University provided recommendations on what Mr. Lamb fought to maintain only System of Maryland, USM. Not only Congress and the administration could the highest level of excellence for the am I honored to know him profes- to streamline regulations. As a result Clark County Sheriff’s Department. sionally, I am proud to call him a dear of Dr. Kirwan’s work, my colleagues in The Southern Nevada community re- friend. the Senate are using his recommenda- mains safer because of Mr. Lamb. I am Dr. Kirwan will be greatly missed. He tions to make sure our laws are about honored to commend him for his hard has devoted himself to higher edu- smart regulation, not strangulation. work and invaluable contributions to cation for the past 50 years. How amaz- While being a national leader in fu- the Silver State. Today, I join the Las ing is that? Not only is he an accom- turistic things like cyber technology, Vegas metropolitan community and plished individual, he also throws the training the next generation of cyber citizens of the Silver State to celebrate coolest Derby parties. I love Dr. warriors, making our economy strong- the life of an upstanding Nevadan, Kirwan, and I know Maryland loves Dr. er and our country safer, Dr. Kirwan Sheriff Ralph Lamb.∑ Kirwan. helped changed higher education. He f Prior to becoming chancellor of helped change the world—literally USM, Dr. Kirwan served as president of changing the global economy. I would RECOGNIZING HOTEL NEVADA’S the Ohio State University for 4 years. venture to say that we would not have 86TH ANNIVERSARY Before that, he served as president of Google if it were not for Dr. Kirwan. ∑ Mr. HELLER. Mr. President, today I the University of Maryland, College Now some of you may say: ‘‘Senator wish to recognize the 86th anniversary Park, UMCP, for 10 years. Before be- BARB, where does this come from?’’ Let of Hotel Nevada, a historic landmark coming president of UMCP, he was a me tell you a story. and important piece of the Ely commu- member of the University of Maryland Dr. Kiwan, is not only an able chan- nity. I am proud to honor this hotel faculty for 24 years—where he served as cellor, he really is a gifted mathemati- that serves as a symbol of Nevada’s an assistant professor, department cian. And in his work as a mathemati- history and continues to offer quality chair and Provost. Until last month, cian, he had the opportunity to travel services to guests and locals alike. Dr. Kirwan served as the chancellor of to conferences around the world. At The city of Ely was originally estab- USM for 13 years. one of those conferences in the 1970s, lished as a stagecoach stop and post of- Under his leadership, USM roared Dr. Kirwan met someone from the So- fice along the Pony Express’ Central into the 21st century. He led 11 univer- viet Union by the name of Dr. Michael Overland Route in 1870 and was des- sities, with more than 40,000 under- Brin.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.045 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4950 CONGRESSIONAL RECORD — SENATE July 9, 2015 Then in 1974, Congress passed a little environments, including hurricane- at 2000 Mulford Road in Mulberry, Florida, as piece of legislation called Jackson- strength weather and direct RPG at- the ‘‘Sergeant First Class Daniel M. Fer- Vanik, which helped put pressure on tacks, each product has been field test- guson Post Office’’. the Soviet Union to remove its emigra- ed since 2003, providing exceptional se- H.R. 1350. An act to designate the facility of the United States Postal Service located tion restrictions. When this happened, curity and peace of mind for U.S. em- at 442 East 167th Street in Bronx, New York, Dr. Brin reached out to Dr. Kirwan and bassies, government facilities, off- as the ‘‘Herman Badillo Post Office Build- said: ‘‘Do you think you can help me?’’ shore oil rigs, electric companies, and ing’’. And boy, did Dr. Kirwan help him out. private homes in Louisiana and around The enrolled bills were subsequently Thanks to the work of Dr. Kirwan the world. Most recently, SHE build- signed by the President pro tempore and the USM Board of Regents, not ings have been tested in conflict areas (Mr. HATCH). only could Dr. Brin get out of Russia, in the Middle East—protecting scores ENROLLED BILL SIGNED he was able to come to the University of American military personnel and The President pro tempore (Mr. of Maryland. With him, Dr. Brin property. HATCH) announced that on today, July brought his son Sergey. Sergey was a Safe Haven Enterprises is located in 9, 2015, he had signed the following en- brilliant little boy—some may even say a U.S. Small Business Administration rolled bill, previously signed by the a bit difficult. He was so smart that he Historically Underutilized Business Speaker of the House: was able to graduate from College Park Zone, or HUBZone, and has aided the in 1993 at the age of 17. From there, local economy through the creation of H.R. 91. An act to amend title 38, United Sergey went on to Stanford where he high-quality, technical jobs in South- States Code, to direct the Secretary of Vet- erans Affairs to issue, upon request, veteran worked out of one of those garages we west Louisiana. SHE president and identification cards to certain veterans. all hear about. CEO Alta Baker has received numerous Well, the rest is history. Sergey Brin, recognitions, including the 2014 Women f of course, is Google. And had it not in Construction NYC’s Outstanding EXECUTIVE AND OTHER been for Dr. Kirwan meeting Dr. Brin, Woman Business of the Year award and COMMUNICATIONS Congress doing Jackson-Vanik, the the 2010 U.S. Chamber of Commerce The following communications were University of Maryland providing a Faces of Trade Award. SHE also holds laid before the Senate, together with home for Dr. Brin, we would not have numerous certifications from institu- accompanying papers, reports, and doc- Google. I think that is a fabulous story tions such as the U.S. Department of uments, and were referred as indicated: that shows what good immigration pol- State, the U.S. Coast Guard, and the icy can do, and also what a gifted, tal- Canadian Standards Association cer- EC–2158. A communication from the Con- ented, and dedicated humanitarian Dr. gressional Review Coordinator, Animal and tifications for many of its technical Plant Health Inspection Service, Department Kirwan is. structures. of Agriculture, transmitting, pursuant to Though he changed the world, what Congratulations again to Safe Haven law, the report of a rule entitled ‘‘Importa- has never changed is the man himself. Enterprises for being selected as Small tion of Beef From a Region in Argentina’’ Dr. Kirwan is a man we admire, a man Business of the Week. Thank you for ((RIN0579–AD92) (Docket No. APHIS–2014– we respect, and a man we value. It is your commitment to producing safe, 0032)) received during adjournment of the safe to say that Dr. Kirwan is a man we reliable shelters for the greatest times Senate in the Office of the President of the have such affection for, for his passion of need.∑ Senate on July 6, 2015; to the Committee on for education, for his deep concern and Agriculture, Nutrition, and Forestry. f EC–2159. A communication from the Con- caring for our students. For Dr. gressional Review Coordinator, Animal and Kirwan, it was never about building MESSAGE FROM THE PRESIDENT Plant Health Inspection Service, Department buildings, it was about building a fu- Messages from the President of the of Agriculture, transmitting, pursuant to ture for our young people and for the United States were communicated to law, the report of a rule entitled ‘‘Importa- great State of Maryland. the Senate by Mr. Pate, one of his section of Beef From a Region in Brazil’’ ((RIN0579–AD41) (Docket No. APHIS–2009– Dr. Kirwan, there will never be retaries. enough ‘‘thank yous’’ in the world but: 0017)) received during adjournment of the thank you, thank you, thank you for f Senate in the Office of the President of the your determination and dedication to Senate on July 6, 2015; to the Committee on EXECUTIVE MESSAGES REFERRED Agriculture, Nutrition, and Forestry. making Maryland a better place. We As in executive session the Presiding EC–2160. A communication from the Pro- will all miss you dearly but wish you gram Manager of the BioPreferred Program, much success in your retirement.∑ Officer laid before the Senate messages from the President of the United Office of Procurement and Property Manage- f ment, Department of Agriculture, transmit- States submitting sundry nominations ting, pursuant to law, the report of a rule en- RECOGNIZING SAFE HAVEN which were referred to the appropriate titled ‘‘Voluntary Labeling Program for ENTERPRISES committees. Biobased Products’’ (RIN0599–AA22) received ∑ Mr. VITTER. Mr. President, small (The messages received today are during adjournment of the Senate in the Of- businesses are often on the forefront of printed at the end of the Senate pro- fice of the President of the Senate on July 1, ceedings.) 2015; to the Committee on Agriculture, Nu- innovation and safety. American entre- trition, and Forestry. preneurs create and take advantage of f EC–2161. A communication from the Under opportunities to transform the ways in MESSAGE FROM THE HOUSE Secretary of Defense (Acquisition, Tech- which we secure our property, aid in nology and Logistics), transmitting, pursu- natural disasters, and protect our fami- ENROLLED BILLS SIGNED ant to law, a report entitled ‘‘Report to Con- lies. This week I would like to recog- At 3:36 p.m., a message from the gress on Corrosion Policy and Oversight nize Safe Haven Enterprises of Jen- House of Representatives, delivered by Budget Materials for Fiscal Year 2016’’; to nings, LA as Small Business of the Mrs. Cole, one of its reading clerks, an- the Committee on Armed Services. EC–2162. A communication from the Acting Week. nounced that the Speaker has signed Under Secretary of Defense (Personnel and In 1998, Alta Baker founded Safe the following enrolled bills: Readiness), transmitting a report on the ap- Haven Enterprises, SHE, with the goal H.R. 728. An act to designate the facility of proved retirement of Lieutenant General of providing strong buildings and mo- the United States Postal Service located at Stephen L. Hoog, United States Air Force, bile units that would protect folks and 7050 Highway BB in Cedar Hill, Missouri, as and his advancement to the grade of lieuten- their property in times of disaster. the ‘‘Sergeant First Class William B. Woods, ant general on the retired list; to the Com- Today, SHE has grown into an enter- Jr. Post Office’’. mittee on Armed Services. prise that produces 22 different types of H.R. 891. An act to designate the facility of EC–2163. A communication from the Acting structures ranging from office com- the United States Postal Service located at Under Secretary of Defense (Personnel and 141 Paloma Drive in Floresville, Texas, as Readiness), transmitting the report of three plexes to ballistic-resistant doors to the ‘‘Floresville Veterans Post Office Build- (3) officers authorized to wear the insignia of first response units for natural disas- ing’’. the grade of major general in accordance ters. In order to ensure that SHE’s H.R. 1326. An act to designate the facility with title 10, United States Code, section 777; manufacturing can withstand various of the United States Postal Service located to the Committee on Armed Services.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.076 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4951 EC–2164. A communication from the Direc- et No. EERE–2012–BT–TP–0013)) received dur- EC–2182. A communication from the Direc- tor of Defense Procurement and Acquisition ing adjournment of the Senate in the Office tor of Regulations and Policy Management Policy, Department of Defense, transmit- of the President of the Senate on July 6, 2015; Staff, Food and Drug Administration, De- ting, pursuant to law, the report of a rule en- to the Committee on Energy and Natural Re- partment of Health and Human Services, titled ‘‘Defense Federal Acquisition Regula- sources. transmitting, pursuant to law, the report of tion Supplement: Clauses With Alternates— EC–2173. A communication from the Ad- a rule entitled ‘‘Infant Formula: The Addi- Prescriptions and Clause Prefaces’’ ministrator, U.S. Energy Information Ad- tion of Minimum and Maximum Levels of Se- ((RIN0750–AI57) (DFARS Case 2015–D016)) re- ministration, Department of Energy, trans- lenium to Infant Formula and Related Label- ceived during adjournment of the Senate in mitting, pursuant to law, a report entitled ing Requirements’’ (Docket No. FDA–2013–N– the Office of the President of the Senate on ‘‘The Availability and Price of Petroleum 0067) received during adjournment of the July 1, 2015; to the Committee on Armed and Petroleum Products Produced in Coun- Senate in the Office of the President of the Services. tries Other Than Iran’’; to the Committee on Senate on July 1, 2015; to the Committee on EC–2165. A communication from the Direc- Energy and Natural Resources. Health, Education, Labor, and Pensions. tor of Defense Procurement and Acquisition EC–2174. A communication from the Assist- EC–2183. A communication from the Assist- Policy, Department of Defense, transmit- ant General Counsel for Legislation, Regula- ant Secretary for Legislation, Department of ting, pursuant to law, the report of a rule en- tion and Energy Efficiency, Office of Energy Health and Human Services, transmitting, titled ‘‘Defense Federal Acquisition Regula- Efficiency and Renewable Energy, Depart- pursuant to law, a report entitled ‘‘Review of tion Supplement: Defense Contractors Out- ment of Energy, transmitting, pursuant to Federal Drug Regulations with Regard to side the United States—Subpart Relocation’’ law, the report of a rule entitled ‘‘Energy Medical Gases’’; to the Committee on ((RIN0750–AI55) (DFARS Case 2015–D015)) re- Conservation Program: Test Procedures for Health, Education, Labor, and Pensions. ceived during adjournment of the Senate in Packaged Terminal Air Conditioners and EC–2184. A communication from the Direc- the Office of the President of the Senate on Packaged Terminal Heat Pumps’’ ((RIN1904– tor of Regulations and Policy Management July 1, 2015; to the Committee on Armed AD19) (Docket No. EERE–2012–BT–TP–0032)) Staff, Food and Drug Administration, De- Services. received during adjournment of the Senate partment of Health and Human Services, EC–2166. A communication from the Direc- in the Office of the President of the Senate transmitting, pursuant to law, the report of tor of Defense Procurement and Acquisition on July 1, 2015; to the Committee on Energy a rule entitled ‘‘Revocation of General Safe- Policy, Department of Defense, transmit- and Natural Resources. ty Test Regulations that are Duplicative of ting, pursuant to law, the report of a rule en- EC–2175. A communication from the Assist- Requirements in Biologics License Applica- titled ‘‘Defense Federal Acquisition Regula- ant Secretary for Legislation, Department of tions’’ (Docket No. FDA–2014–N–1110) re- tion Supplement: Allowability of Legal Costs Health and Human Services, transmitting, ceived during adjournment of the Senate in pursuant to law, a report entitled ‘‘The for Whistleblower Proceedings’’ ((RIN0750– the Office of the President of the Senate on Medicare Secondary Payer Commercial Re- AI04) (DFARS Case 2013–D022)) received dur- July 6, 2015; to the Committee on Health, payment Center in Fiscal Year 2014’’; to the ing adjournment of the Senate in the Office Education, Labor, and Pensions. Committee on Finance. EC–2185. A joint communication from the of the President of the Senate on July 1, 2015; EC–2176. A communication from the In- Executive Director and the Chair of the to the Committee on Armed Services. spector General, Department of Health and EC–2167. A communication from the Direc- Board of Governors, Patient-Centered Out- Human Services, transmitting, pursuant to tor of Defense Procurement and Acquisition comes Research Institute (PCORI), transmit- law, a report entitled ‘‘Part D Plans Gen- Policy, Department of Defense, transmitting, pursuant to law, the Institute’s 2014 erally Include Drugs Commonly Used by ting, pursuant to law, the report of a rule en- Annual Report; to the Committee on Health, Dual Eligibles: 2015’’; to the Committee on titled ‘‘Defense Federal Acquisition Regula- Education, Labor, and Pensions. Finance. EC–2186. A communication from the Direc- tion Supplement: Inflation Adjustment of EC–2177. A communication from the Chief Acquisition-Related Thresholds’’ ((RIN0750– of the Publications and Regulations Branch, tor, National Legislative Commission, The AI43) (DFARS Case 2014–D025)) received dur- Internal Revenue Service, Department of the American Legion, transmitting, pursuant to ing adjournment of the Senate in the Office Treasury, transmitting, pursuant to law, the law, a report relative to the financial condi- of the President of the Senate on July 1, 2015; report of a rule entitled ‘‘Clarifications to tion of The American Legion as of December to the Committee on Armed Services. the Requirement in the Treasury Regula- 31, 2014 and 2013; to the Committee on the Ju- EC–2168. A communication from the Chief tions Under Section 501(r) (4) that a Hospital diciary. EC–2187. A communication from the Dep- Counsel, Federal Emergency Management Facility’s Financial Assistance Policy In- Agency, Department of Homeland Security, clude a List of Providers’’ (Notice 2015–46) re- uty General Counsel, Office of Policy, Plan- transmitting, pursuant to law, the report of ceived in the Office of the President of the ning, and Liaison, Small Business Adminis- a rule entitled ‘‘Final Flood Elevation Deter- Senate on July 7, 2015; to the Committee on tration, transmitting, pursuant to law, the minations’’ ((44 CFR Part 67) (Docket No. Finance. report of a rule entitled ‘‘Microloan Program FEMA–2015–0001)) received during adjourn- EC–2178. A communication from the Chair- Expanded Eligibility and Other Program ment of the Senate in the Office of the Presi- man, Medicare Payment Advisory Commis- Changes’’ (RIN3245–AG53) received during ad- dent of the Senate on July 1, 2015; to the sion, transmitting, pursuant to law, a report journment of the Senate in the Office of the Committee on Banking, Housing, and Urban entitled ‘‘Report to the Congress: Medicare President of the Senate on July 1, 2015; to Affairs. and the Health Care Delivery System’’; to the Committee on Small Business and Entre- EC–2169. A communication from the Sec- the Committee on Finance. preneurship. retary of the Treasury, transmitting, pursu- EC–2179. A communication from the Assist- EC–2188. A communication from the Senior ant to law, a six-month periodic report on ant Legal Adviser for Treaty Affairs, Depart- Procurement Executive, Office of Acquisi- the national emergency that was declared in ment of State, transmitting, pursuant to the tion Policy, General Services Administra- Executive Order 13441 with respect to Leb- Case-Zablocki Act, 1 U.S.C. 112b, as amended, tion, transmitting, pursuant to law, the re- anon; to the Committee on Banking, Hous- the report of the texts and background state- port of a rule entitled ‘‘Federal Acquisition ing, and Urban Affairs. ments of international agreements, other Regulation; Technical Amendments’’ (FAC EC–2170. A communication from the Assist- than treaties (List 2015–0073–2015–0076); to the 2005–83) received during adjournment of the ant Director for Regulatory Affairs, Office of Committee on Foreign Relations. Senate in the Office of the President of the Foreign Assets Control, Department of the EC–2180. A communication from the Execu- Senate on July 1, 2015; to the Committee on Treasury, transmitting, pursuant to law, the tive Analyst, Office of the Secretary, Depart- Homeland Security and Governmental Af- report of a rule entitled ‘‘Venezuela Sanc- ment of Health and Human Services, trans- fairs. tions Regulations’’ (31 CFR Parts 591) re- mitting, pursuant to law, a report relative to EC–2189. A communication from the Senior ceived in the Office of the President of the a vacancy in the position of Assistant Sec- Procurement Executive, Office of Acquisi- Senate on July 7, 2015; to the Committee on retary for Health, Department of Health and tion Policy, General Services Administra- Banking, Housing, and Urban Affairs. Human Services, received during adjourn- tion, transmitting, pursuant to law, the re- EC–2171. A communication from the Senior ment of the Senate in the Office of the Presi- port of a rule entitled ‘‘Federal Acquisition Vice President and Chief Financial Officer, dent of the Senate on July 1, 2015; to the Regulation; Federal Acquisition Circular Federal Home Loan Bank of Dallas, trans- Committee on Health, Education, Labor, and 2005–83; Small Entity Compliance Guide’’ mitting, pursuant to law, the Bank’s man- Pensions. (FAC 2005–83) received during adjournment of agement report for fiscal year 2014; to the EC–2181. A communication from the Execu- the Senate in the Office of the President of Committee on Banking, Housing, and Urban tive Analyst, Office of the Secretary, Depart- the Senate on July 1, 2015; to the Committee Affairs. ment of Health and Human Services, trans- on Homeland Security and Governmental Af- EC–2172. A communication from the Assist- mitting, pursuant to law, a report relative to fairs. ant General Counsel for Legislation, Regula- a vacancy in the position of Assistant Sec- EC–2190. A communication from the Senior tion and Energy Efficiency, Office of Energy retary for Health, Department of Health and Procurement Executive, Office of Acquisi- Efficiency and Renewable Energy, Depart- Human Services, received during adjourn- tion Policy, General Services Administra- ment of Energy, transmitting, pursuant to ment of the Senate in the Office of the Presi- tion, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Energy dent of the Senate on July 1, 2015; to the port of a rule entitled ‘‘Federal Acquisition Conservation Program: Test Procedures for Committee on Health, Education, Labor, and Regulation; Clarification on Justification for Conventional Ovens’’ ((RIN1904–AC71) (Dock- Pensions. Urgent Noncompetitive Awards Exceeding

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.032 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4952 CONGRESSIONAL RECORD — SENATE July 9, 2015 One Year’’ ((RIN9000–AM86) (FAC 2005–83)) re- on D.C. Act 21–92, ‘‘Medical Marijuana Cul- ment of the Senate in the Office of the Presi- ceived during adjournment of the Senate in tivation Center Exception Temporary dent of the Senate on July 1, 2015; to the the Office of the President of the Senate on Amendment Act of 2015’’; to the Committee Committee on Commerce, Science, and July 1, 2015; to the Committee on Homeland on Homeland Security and Governmental Af- Transportation. Security and Governmental Affairs. fairs. EC–2208. A communication from the Asso- EC–2191. A communication from the Senior EC–2199. A communication from the Chair- ciate Bureau Chief, Wireline Competition Procurement Executive, Office of Acquisi- man of the Council of the District of Colum- Bureau, Federal Communications Commis- tion Policy, General Services Administra- bia, transmitting, pursuant to law, a report sion, transmitting, pursuant to law, the re- tion, transmitting, pursuant to law, the re- on D.C. Act 21–93, ‘‘Youth Employment and port of a rule entitled ‘‘Lifeline and Link Up port of a rule entitled ‘‘Federal Acquisition Work Readiness Training Temporary Amend- Reform’’ ((RIN3060–AF85) (DA 15–398)) re- Regulation; Prohibition on Contracting with ment Act of 2015’’; to the Committee on ceived during adjournment of the Senate in Inverted Domestic Corporations’’ ((RIN9000– Homeland Security and Governmental Af- the Office of the President of the Senate on AM70) (FAC 2005–83)) received during ad- fairs. July 1, 2015; to the Committee on Commerce, journment of the Senate in the Office of the EC–2200. A communication from the Chair- Science, and Transportation. President of the Senate on July 1, 2015; to man of the Council of the District of Colum- the Committee on Homeland Security and bia, transmitting, pursuant to law, a report f Governmental Affairs. on D.C. Act 21–94, ‘‘Fiscal Year 2015 Second REPORTS OF COMMITTEES EC–2192. A communication from the Senior Revised Budget Request Temporary Adjust- Procurement Executive, Office of Acquisi- ment Act of 2015’’; to the Committee on The following reports of committees tion Policy, General Services Administra- Homeland Security and Governmental Af- were submitted: tion, transmitting, pursuant to law, the re- fairs. By Mr. GRAHAM, from the Committee on port of a rule entitled ‘‘Federal Acquisition EC–2201. A communication from the Chair- Appropriations, without amendment: Regulation; Permanent Authority for Use of man of the Council of the District of Colum- S. 1725. An original bill making appropria- Simplified Acquisition Procedures for Cer- bia, transmitting, pursuant to law, a report tions for the Department of State, foreign tain Commercial Items’’ ((RIN9000–AN06) on D.C. Act 21–90, ‘‘Healthy Hearts of Babies operations, and related programs for the fis- (FAC 2005–83)) received during adjournment Act of 2015’’; to the Committee on Homeland cal year ending September 30, 2016, and for of the Senate in the Office of the President Security and Governmental Affairs. other purposes (Rept. No. 114–79). of the Senate on July 1, 2015; to the Com- EC–2202. A communication from the Chair- By Mr. GRASSLEY, from the Committee mittee on Homeland Security and Govern- man of the Council of the District of Colum- on the Judiciary, without amendment: mental Affairs. bia, transmitting, pursuant to law, a report S. 1300. A bill to amend the section 221 of EC–2193. A communication from the Senior on D.C. Act 21–91, ‘‘Access to Contraceptives the Immigration and Nationality Act to pro- Procurement Executive, Office of Acquisi- Amendment Act of 2015’’; to the Committee vide relief for adoptive families from immi- tion Policy, General Services Administra- on Homeland Security and Governmental Af- grant visa feeds in certain situations. tion, transmitting, pursuant to law, the re- fairs. S. 1482. A bill to improve and reauthorize EC–2203. A communication from the Assist- port of a rule entitled ‘‘Federal Acquisition provisions relating to the application of the ant Administrator for Procurement, Na- Regulation: Update to Product and Service antitrust laws to the award of need-based tional Aeronautics and Space Administra- Codes’’ ((RIN9000–AN08) (FAC 2005–83)) re- educational aid. ceived during adjournment of the Senate in tion, transmitting, pursuant to law, the re- the Office of the President of the Senate on port of a rule entitled ‘‘NASA FAR Regu- f latory Review No. 3’’ (RIN2700–AE19) re- July 1, 2015; to the Committee on Homeland EXECUTIVE REPORTS OF Security and Governmental Affairs. ceived during adjournment of the Senate in EC–2194. A communication from the Senior the Office of the President of the Senate on COMMITTEE Procurement Executive, Office of Acquisi- July 1, 2015; to the Committee on Commerce, The following executive reports of tion Policy, General Services Administra- Science, and Transportation. nominations were submitted: tion, transmitting, pursuant to law, the re- EC–2204. A communication from the Dep- port of a rule entitled ‘‘Federal Acquisition uty Assistant Administrator for Regulatory By Mr. GRASSLEY for the Committee on Regulation; Prohibition on Contracting with Programs, Office of Sustainable Fisheries, the Judiciary. Inverted Domestic Corporations—Represen- Department of Commerce, transmitting, pur- Luis Felipe Restrepo, of Pennsylvania, to tation and Notification’’ ((RIN9000–AM85) suant to law, the report of a rule entitled be United States Circuit Judge for the Third (FAC 2005–83)) received during adjournment ‘‘Fisheries of the Northeastern United Circuit. of the Senate in the Office of the President States; Recreational Management Measures Travis Randall McDonough, of Tennessee, of the Senate on July 1, 2015; to the Com- for the Summer Flounder, Scup, and Black to be United States District Judge for the mittee on Homeland Security and Govern- Sea Bass Fisheries; Fishing Year 2015’’ Eastern District of Tennessee. mental Affairs. (RIN0648–BE89) received during adjournment Waverly D. Crenshaw, Jr., of Tennessee, to EC–2195. A communication from the Senior of the Senate in the Office of the President be United States District Judge for the Mid- Procurement Executive, Office of Acquisi- of the Senate on July 1, 2015; to the Com- dle District of Tennessee. tion Policy, General Services Administra- mittee on Commerce, Science, and Transpor- (Nominations without an asterisk tion, transmitting, pursuant to law, the re- tation. were reported with the recommenda- port of a rule entitled ‘‘Federal Acquisition EC–2205. A communication from the Acting tion that they be confirmed.) Regulation; Inflation Adjustment of Acquisi- Director, National Marine Fisheries Service, tion-Related Thresholds’’ ((RIN9000–AM80) Department of Commerce, transmitting, pur- f suant to law, the report of a rule entitled (FAC 2005–83)) received during adjournment INTRODUCTION OF BILLS AND of the Senate in the Office of the President ‘‘Atlantic Highly Migratory Species; Atlan- of the Senate on July 1, 2015; to the Com- tic Bluefin Tuna Fisheries’’ (RIN0648–XD973) JOINT RESOLUTIONS mittee on Homeland Security and Govern- received during adjournment of the Senate The following bills and joint resolu- mental Affairs. in the Office of the President of the Senate tions were introduced, read the first EC–2196. A communication from the Senior on July 1, 2015; to the Committee on Com- and second times by unanimous con- Procurement Executive, Office of Acquisi- merce, Science, and Transportation. tion Policy, General Services Administra- EC–2206. A communication from the Acting sent, and referred as indicated: tion, transmitting, pursuant to law, the re- Director, Office of Sustainable Fisheries, De- By Mr. HEINRICH: port of a rule entitled ‘‘Federal Acquisition partment of Commerce, transmitting, pursu- S. 1723. A bill to amend the Public Utility Regulation; Federal Acquisition Circular ant to law, the report of a rule entitled Regulatory Policies Act of 1978 to promote 2005–83; Introduction’’ (FAC 2005–83) received ‘‘Snapper-Grouper Fishery of the South At- safe and reliable interconnection and net during adjournment of the Senate in the Of- lantic; 2015 Commercial Accountability billing for community solar facilities; to the fice of the President of the Senate on July 1, Measure and Closure for the South Atlantic Committee on Energy and Natural Re- 2015; to the Committee on Homeland Secu- Lesser Amberjack, Almaco Jack, and Banded sources. rity and Governmental Affairs. Rudderfish Complex’’ (RIN0648–XD988) re- By Mr. HELLER (for himself, Mr. REID, EC–2197. A communication from the Chair- ceived during adjournment of the Senate in Mrs. BOXER, and Mrs. FEINSTEIN): man and President of the Export-Import the Office of the President of the Senate on S. 1724. A bill to provide for environmental Bank, transmitting, pursuant to law, the July 1, 2015; to the Committee on Commerce, restoration activities and forest manage- Semiannual Report from the Office of the In- Science, and Transportation. ment activities in the Lake Tahoe Basin, and spector General for the period from October EC–2207. A communication from the Dep- for other purposes; to the Committee on En- 1, 2014 through March 31, 2015; to the Com- uty Chief, Public Safety and Homeland Secu- vironment and Public Works. mittee on Homeland Security and Govern- rity Bureau, Federal Communications Com- By Mr. GRAHAM: mental Affairs. mission, transmitting, pursuant to law, the S. 1725. An original bill making appropria- EC–2198. A communication from the Chair- report of a rule entitled ‘‘Review of the tions for the Department of State, foreign man of the Council of the District of Colum- Emergency Alert System’’ ((FCC 15–60) (EB operations, and related programs for the fis- bia, transmitting, pursuant to law, a report Docket No. 04–296)) received during adjourn- cal year ending September 30, 2016, and for

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.033 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4953 other purposes; from the Committee on Ap- ment tax credit related to the production of Alaska Native students, and for other pur- propriations; placed on the calendar. electricity from offshore wind; to the Com- poses; to the Committee on Agriculture, Nu- By Mr. MERKLEY (for himself, Mr. mittee on Finance. trition, and Forestry. GARDNER, Mr. BENNET, Mr. PAUL, Mr. By Ms. STABENOW (for herself, Mr. By Mr. CARDIN (for himself, Ms. MI- WYDEN, and Mrs. MURRAY): SCHUMER, Mr. WHITEHOUSE, Ms. WAR- KULSKI, Mr. WARNER, and Mr. KAINE): S. 1726. A bill to create protections for de- REN, Mr. UDALL, Ms. BALDWIN, Mrs. S. 1746. A bill to require the Office of Per- pository institutions that provide financial SHAHEEN, Mr. FRANKEN, Mr. REED, sonnel Management to provide complimen- services to marijuana-related businesses, and Mr. MERKLEY, Mr. BLUMENTHAL, Mr. tary, comprehensive identity protection cov- for other purposes; to the Committee on MARKEY, Ms. KLOBUCHAR, Mr. CARDIN, erage to all individuals whose personally Banking, Housing, and Urban Affairs. and Mr. PETERS): identifiable information was compromised By Mr. WYDEN: S. 1737. A bill to provide an incentive for during recent data breaches at Federal agen- S. 1727. A bill to rename the National Flor- businesses to bring jobs back to America; to cies; to the Committee on Homeland Secu- ence Crittenton Mission; to the Committee the Committee on Finance. rity and Governmental Affairs. on the Judiciary. By Mr. BLUMENTHAL: By Mr. MENENDEZ (for himself and By Mr. COATS: S. 1738. A bill to protect individuals by Mr. GRAHAM): S. 1728. A bill to amend the Internal Rev- strengthening the Nation’s mental health in- S. 1747. A bill to improve the enforcement enue Code of 1986 to provide equal access to frastructure, improving the understanding of of sanctions against the Government of declaratory judgments for organizations violence, strengthening firearm prohibitions North Korea, and for other purposes; to the seeking tax-exempt status; to the Com- and protections for at-risk individuals , and Committee on Foreign Relations. mittee on Finance. improving and expanding the reporting of By Mrs. MURRAY (for herself, Ms. COL- By Mr. FRANKEN (for himself and Mr. mental health records to the National In- LINS, and Mr. DURBIN): CASSIDY): stant Criminal Background Check System; S. 1748. A bill to provide for improved in- S. 1729. A bill to amend the State report to the Committee on the Judiciary. vestment in national transportation infra- card provisions of section 1111(h) of the Ele- By Mr. BOOKER: structure; to the Committee on Commerce, mentary and Secondary Education Act of S. 1739. A bill to increase the minimum lev- Science, and Transportation. 1965 to require the disaggregation of the edu- els of financial responsibility for trans- By Mr. DONNELLY (for himself, Ms. cational outcomes of students with disabil- porting property, and for other purposes; to HEITKAMP, and Mr. MANCHIN): ities by disability category; to the Com- the Committee on Commerce, Science, and S.J. Res. 18. A joint resolution proposing a mittee on Health, Education, Labor, and Transportation. balanced budget amendment to the Constitu- Pensions. By Mr. WYDEN (for himself, Mr. SCHU- tion of the United States; to the Committee By Mr. REED (for himself, Mr. GRASS- MER, Ms. STABENOW, Ms. CANTWELL, on the Judiciary. LEY, and Mr. LEAHY): Mr. NELSON, Mr. MENENDEZ, Mr. CAR- S. 1730. A bill to enhance civil penalties PER, Mr. CARDIN, Mr. BROWN, Mr. f under the Federal securities laws, and for BENNET, Mr. CASEY, Mr. WARNER, Mr. SUBMISSION OF CONCURRENT AND other purposes; to the Committee on Bank- REID, Ms. HIRONO, Mrs. GILLIBRAND, SENATE RESOLUTIONS ing, Housing, and Urban Affairs. Mr. WHITEHOUSE, Mrs. MCCASKILL, By Mrs. MURRAY (for herself and Ms. Mr. MARKEY, Mr. SANDERS, Ms. WAR- The following concurrent resolutions HIRONO): REN, Mr. BLUMENTHAL, Ms. KLO- and Senate resolutions were read, and S. 1731. A bill to amend title 38, United BUCHAR, Mr. LEAHY, Mr. FRANKEN, referred (or acted upon), as indicated: States Code, to waive the minimum period of Mr. MERKLEY, Mrs. BOXER, Mr. DUR- By Mr. ENZI (for himself, Mr. BAR- continuous active duty in the Armed Forces BIN, Mrs. SHAHEEN, Mr. MURPHY, Mr. RASSO, Mr. CRAPO, Mr. RISCH, Ms. for receipt of certain benefits for homeless HEINRICH, Mr. SCHATZ, Ms. BALDWIN, HEITKAMP, Mr. INHOFE, Mr. TESTER, veterans, to authorize the Secretary of Vet- Mrs. MURRAY, Mr. COONS, Ms. MIKUL- Mr. ROUNDS, Mr. LANKFORD, Mr. erans Affairs to furnish such benefits to SKI, Ms. HEITKAMP, Mr. TESTER, Mr. THUNE, and Mr. HOEVEN): homeless veterans with discharges or re- BOOKER, Mr. REED, Mr. KAINE, Mr. S. Res. 219. A resolution designating July leases from service in the Armed Forces with PETERS, Mr. DONNELLY, Mrs. FEIN- 25, 2015, as ‘‘National Day of the American other than dishonorable conditions, and for STEIN, Mr. UDALL, Mr. KING, and Mr. Cowboy’’; considered and agreed to. other purposes; to the Committee on Vet- MANCHIN): erans’ Affairs. S. 1740. A bill to amend the Internal Rev- By Ms. HEITKAMP (for herself and Mr. By Mr. THUNE (for himself, Mrs. enue Code of 1986 to clarify that all provi- HOEVEN): FISCHER, and Mr. MORAN): sions shall apply to legally married same-sex S. Res. 220. A resolution commemorating S. 1732. A bill to authorize elements of the couples in the same manner as other married the 50th anniversary of the Medora Musical; Department of Transportation, and for other couples, and for other purposes; to the Com- considered and agreed to. purposes; to the Committee on Commerce, mittee on Finance. By Mr. GARDNER (for himself, Mr. Science, and Transportation. By Mr. GRAHAM (for himself, Mr. BENNET, and Ms. CANTWELL): S. Res. 221. A resolution recognizing the By Mrs. SHAHEEN: WICKER, and Mr. BROWN): S. 1733. A bill to require the Secretary of S. 1741. A bill to establish tire fuel effi- 100th anniversary of Rocky Mountain Na- Agriculture to establish a forest incentives ciency minimum performance standards, im- tional Park; considered and agreed to. program to keep forests intact and sequester prove tire registration, help consumers iden- f carbon on private forest land of the United tify recalled tires, and for other purposes; to States, and for other purposes; to the Com- the Committee on Commerce, Science, and ADDITIONAL COSPONSORS mittee on Agriculture, Nutrition, and For- Transportation. S. 37 estry. By Ms. HEITKAMP (for herself, Mr. At the request of Ms. HIRONO, her By Mr. KIRK: TESTER, Mrs. MCCASKILL, and Mr. S. 1734. A bill to authorize the Secretary of PETERS): name was added as a cosponsor of S. 37, Transportation to waive the state of good re- S. 1742. A bill to improve the provision of a bill to amend the Elementary and pair certification requirement for partici- postal services to rural areas of the United Secondary Education Act of 1965 to pants in the pilot program for expedited States; to the Committee on Homeland Secu- provide for State accountability in the project delivery; to the Committee on Bank- rity and Governmental Affairs. provision of access to the core re- ing, Housing, and Urban Affairs. By Mr. NELSON (for himself, Mr. sources for learning, and for other pur- By Mr. NELSON (for himself, Mr. BLUMENTHAL, and Mr. MARKEY): SCHUMER, Mrs. BOXER, Mr. S. 1743. A bill to provide greater trans- poses. BLUMENTHAL, Mrs. FEINSTEIN, Mrs. parency, accountability, and safety author- S. 139 GILLIBRAND, Mr. MARKEY, Mr. ity to the National Highway Traffic Safety At the request of Mr. WYDEN, the MENENDEZ, Mr. MURPHY, and Mr. Administration, and for other purposes; to name of the Senator from New York WHITEHOUSE): the Committee on Commerce, Science, and (Mrs. GILLIBRAND) was added as a co- S. 1735. A bill to modernize the Transportation. sponsor of S. 139, a bill to permanently Undetectable Firearms Act of 1988; to the By Mr. PERDUE (for himself and Mr. allow an exclusion under the Supple- Committee on the Judiciary. ISAKSON): By Mr. CARPER (for himself, Ms. COL- S. 1744. A bill to authorize the sale of cer- mental Security Income program and LINS, Mr. BOOKER, Mr. BROWN, Mr. tain National Forest System land in the the Medicaid program for compensa- CARDIN, Mr. COONS, Mr. KING, Mr. State of Georgia; to the Committee on Agri- tion provided to individuals who par- MENENDEZ, Mr. MARKEY, Ms. MIKUL- culture, Nutrition, and Forestry. ticipate in clinical trials for rare dis- SKI, Mr. SCHATZ, Ms. WARREN, Mr. By Mr. TESTER: eases or conditions. WHITEHOUSE, Mrs. GILLIBRAND, and S. 1745. A bill to provide grants to eligible S. 183 Mr. REED): entities to develop and maintain or improve S. 1736. A bill to amend the Internal Rev- and expand before school, afterschool, and At the request of Mr. BARRASSO, the enue Code of 1986 to provide for an invest- summer school programs for Indian and name of the Senator from Iowa (Mrs.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.035 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4954 CONGRESSIONAL RECORD — SENATE July 9, 2015 ERNST) was added as a cosponsor of S. cinity of the Republic of Vietnam, and ROBERTS) was added as a cosponsor of 183, a bill to repeal the annual fee on for other purposes. S. 1090, a bill to amend the Robert T. health insurance providers enacted by S. 697 Stafford Disaster Relief and Emer- the Patient Protection and Affordable At the request of Mr. UDALL, the gency Assistance Act to provide eligi- Care Act. names of the Senator from Rhode Is- bility for broadcasting facilities to re- S. 210 land (Mr. REED), the Senator from Kan- ceive certain disaster assistance, and At the request of Mr. CASEY, the sas (Mr. ROBERTS), the Senator from for other purposes. name of the Senator from New York Minnesota (Mr. FRANKEN), the Senator S. 1182 (Mr. SCHUMER) was added as a cospon- from South Carolina (Mr. GRAHAM), At the request of Mr. BLUNT, the sor of S. 210, a bill to amend the Inter- and the Senator from Mississippi (Mr. name of the Senator from New York nal Revenue Code of 1986 to allow a WICKER) were added as cosponsors of S. (Mrs. GILLIBRAND) was added as a co- credit against income tax for amounts 697, a bill to amend the Toxic Sub- sponsor of S. 1182, a bill to exempt ap- paid by a spouse of a member of the stances Control Act to reauthorize and plication of JSA attribution rule in Armed Forces for a new State license modernize that Act, and for other pur- case of existing agreements. or certification required by reason of a poses. S. 1190 permanent change in the duty station S. 743 At the request of Mrs. CAPITO, the of such member to another State. At the request of Mr. BOOZMAN, the name of the Senator from Kansas (Mr. S. 313 name of the Senator from New York MORAN) was added as a cosponsor of S. At the request of Mr. GRASSLEY, the (Mr. SCHUMER) was added as a cospon- 1190, a bill to amend title XVIII of the name of the Senator from Michigan sor of S. 743, a bill to amend title 38, Social Security Act to ensure equal ac- (Mr. PETERS) was added as a cosponsor United States Code, to recognize the cess of Medicare beneficiaries to com- of S. 313, a bill to amend title XVIII of service in the reserve components of munity pharmacies in underserved the Social Security Act to add physical the Armed Forces of certain persons by areas as network pharmacies under therapists to the list of providers al- honoring them with status as veterans Medicare prescription drug coverage, lowed to utilize locum tenens arrange- under law, and for other purposes. and for other purposes. ments under Medicare. S. 746 S. 1300 At the request of Mr. WHITEHOUSE, At the request of Mrs. FEINSTEIN, the S. 357 the name of the Senator from Colorado names of the Senator from Delaware At the request of Mr. FLAKE, the (Mr. BENNET) was added as a cosponsor (Mr. COONS) and the Senator from name of the Senator from Utah (Mr. of S. 746, a bill to provide for the estab- Oklahoma (Mr. INHOFE) were added as HATCH) was added as a cosponsor of S. lishment of a Commission to Accel- cosponsors of S. 1300, a bill to amend 357, a bill to amend title 11 of the erate the End of Breast Cancer. the section 221 of the Immigration and United States Code to require the pub- S 884 Nationality Act to provide relief for lic disclosure by trusts established . adoptive families from immigrant visa under section 524(g) of such title, of At the request of Mr. BLUNT, the fees in certain situations. quarterly reports that contain detailed name of the Senator from North Da- information regarding the receipt and kota (Mr. HOEVEN) was added as a co- S. 1333 disposition of claims for injuries based sponsor of S. 884, a bill to improve ac- At the request of Mr. GARDNER, the on exposure to asbestos, and for other cess to emergency medical services, name of the Senator from Wisconsin purposes. and for other purposes. (Ms. BALDWIN) was added as a cospon- S. 979 sor of S. 1333, a bill to amend the Con- S. 439 At the request of Mr. NELSON, the trolled Substances Act to exclude At the request of Mr. FRANKEN, the name of the Senator from New York cannabidiol and cannabidiol-rich name of the Senator from Connecticut (Mr. SCHUMER) was added as a cospon- plants from the definition of mari- (Mr. BLUMENTHAL) was added as a co- sor of S. 979, a bill to amend title 10, huana, and for other purposes. sponsor of S. 439, a bill to end discrimi- United States Code, to repeal the re- S. 1458 nation based on actual or perceived quirement for reduction of survivor an- At the request of Mr. COATS, the sexual orientation or gender identity nuities under the Survivor Benefit names of the Senator from Wyoming in public schools, and for other pur- Plan by veterans’ dependency and in- (Mr. BARRASSO), the Senator from Mis- poses. demnity compensation, and for other sissippi (Mr. WICKER) and the Senator S. 471 purposes. from Missouri (Mr. BLUNT) were added At the request of Mr. HELLER, the S. 1038 as cosponsors of S. 1458, a bill to amend name of the Senator from Delaware At the request of Mr. RISCH, the the Surface Mining Control and Rec- (Mr. COONS) was added as a cosponsor name of the Senator from Colorado lamation Act of 1977 to ensure sci- of S. 471, a bill to improve the provi- (Mr. GARDNER) was added as a cospon- entific transparency in the develop- sion of health care for women veterans sor of S. 1038, a bill to clarify that no ment of environmental regulations and by the Department of Veterans Affairs, express or implied warranty is provided for other purposes. and for other purposes. by reason of a disclosure relating to S. 1461 S. 571 voluntary participation in the Energy At the request of Mr. THUNE, the At the request of Mr. INHOFE, the Star program, and for other purposes. name of the Senator from North Da- name of the Senator from Oklahoma S. 1085 kota (Ms. HEITKAMP) was added as a co- (Mr. LANKFORD) was added as a cospon- At the request of Mrs. MURRAY, the sponsor of S. 1461, a bill to provide for sor of S. 571, a bill to amend the Pilot’s names of the Senator from Connecticut the extension of the enforcement in- Bill of Rights to facilitate appeals and (Mr. BLUMENTHAL) and the Senator struction on supervision requirements to apply to other certificates issued by from New York (Mr. SCHUMER) were for outpatient therapeutic services in the Federal Aviation Administration, added as cosponsors of S. 1085, a bill to critical access and small rural hos- to require the revision of the third expand eligibility for the program of pitals through 2015. class medical certification regulations comprehensive assistance for family S. 1495 issued by the Federal Aviation Admin- caregivers of the Department of Vet- At the request of Mr. TOOMEY, the istration, and for other purposes. erans Affairs, to expand benefits avail- name of the Senator from Oklahoma S. 681 able to participants under such pro- (Mr. LANKFORD) was added as a cospon- At the request of Mrs. GILLIBRAND, gram, to enhance special compensation sor of S. 1495, a bill to curtail the use the name of the Senator from Lou- for members of the uniformed services of changes in mandatory programs af- isiana (Mr. VITTER) was added as a co- who require assistance in everyday life, fecting the Crime Victims Fund to in- sponsor of S. 681, a bill to amend title and for other purposes. flate spending. 38, United States Code, to clarify pre- S. 1090 S. 1509 sumptions relating to the exposure of At the request of Mr. BOOKER, the At the request of Mr. CARPER, the certain veterans who served in the vi- name of the Senator from Kansas (Mr. names of the Senator from Minnesota

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.037 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4955 (Mr. FRANKEN) and the Senator from MERKLEY) and the Senator from Cali- be proposed to S. 1177, an original bill New Jersey (Mr. MENENDEZ) were added fornia (Mrs. BOXER) were added as co- to reauthorize the Elementary and Sec- as cosponsors of S. 1509, a bill to amend sponsors of S. 1716, a bill to provide ac- ondary Education Act of 1965 to ensure title XVIII of the Social Security Act cess to higher education for the stu- that every child achieves. to provide for the coordination of pro- dents of the United States. AMENDMENT NO. 2135 grams to prevent and treat obesity, S. 1717 At the request of Mrs. GILLIBRAND, and for other purposes. At the request of Mr. PORTMAN, the the names of the Senator from West S. 1540 names of the Senator from Mississippi Virginia (Mrs. CAPITO), the Senator At the request of Mrs. MCCASKILL, (Mr. COCHRAN) and the Senator from from New Jersey (Mr. MENENDEZ), the the name of the Senator from Arkansas Louisiana (Mr. CASSIDY) were added as Senator from Pennsylvania (Mr. (Mr. COTTON) was added as a cosponsor cosponsors of S. 1717, a bill to amend CASEY), the Senator from New York of S. 1540, a bill to improve the enforce- title 46, United States Code, to exempt (Mr. SCHUMER), the Senator from Illi- ment of prohibitions on robocalls, in- old vessels that only operate within in- nois (Mr. DURBIN) and the Senator from cluding fraudulent robocalls. land waterways from the fire-retardant Ohio (Mr. BROWN) were added as co- S. 1544 materials requirement if the owners of sponsors of amendment No. 2135 in- At the request of Mr. FLAKE, the such vessels make annual structural tended to be proposed to S. 1177, an name of the Senator from Oklahoma alterations to at least 10 percent of the original bill to reauthorize the Elemen- (Mr. LANKFORD) was added as a cospon- areas of the vessels that are not con- tary and Secondary Education Act of sor of S. 1544, a bill to rescind unused structed of fire-retardant materials. 1965 to ensure that every child earmarks provided for the Department S. RES. 211 achieves. of Transportation, and for other pur- At the request of Mr. CARDIN, the AMENDMENT NO. 2151 poses. name of the Senator from Florida (Mr. At the request of Mr. CARPER, the S. 1584 RUBIO) was added as a cosponsor of S. name of the Senator from New Hamp- At the request of Mr. CASSIDY, the Res. 211, a resolution expressing the shire (Ms. AYOTTE) was added as a co- name of the Senator from Wyoming sense of the Senate regarding sponsor of amendment No. 2151 in- (Mr. BARRASSO) was added as a cospon- Srebrenica. tended to be proposed to S. 1177, an sor of S. 1584, a bill to repeal the re- AMENDMENT NO. 2093 original bill to reauthorize the Elemen- newable fuel standard. At the request of Mr. FRANKEN, the tary and Secondary Education Act of S. 1598 names of the Senator from Connecticut 1965 to ensure that every child At the request of Mr. LEE, the names (Mr. BLUMENTHAL) and the Senator achieves. of the Senator from Indiana (Mr. from Nevada (Mr. REID) were added as AMENDMENT NO. 2152 COATS), the Senator from Mississippi cosponsors of amendment No. 2093 pro- At the request of Mr. CASEY, the (Mr. COCHRAN), the Senator from Wis- posed to S. 1177, an original bill to rename of the Senator from New Jersey consin (Mr. JOHNSON), the Senator from authorize the Elementary and Sec- (Mr. BOOKER) was added as a cosponsor Alaska (Mr. SULLIVAN), the Senator ondary Education Act of 1965 to ensure of amendment No. 2152 intended to be from Arkansas (Mr. BOOZMAN), the Sen- that every child achieves. proposed to S. 1177, an original bill to ator from North Carolina (Mr. TILLIS), AMENDMENT NO. 2094 reauthorize the Elementary and Sec- the Senator from North Carolina (Mr. At the request of Mr. TOOMEY, the ondary Education Act of 1965 to ensure BURR) and the Senator from Wyoming names of the Senator from Nevada (Mr. that every child achieves. (Mr. BARRASSO) were added as cospon- HELLER), the Senator from Wisconsin AMENDMENT NO. 2159 sors of S. 1598, a bill to prevent dis- (Mr. JOHNSON), the Senator from Okla- At the request of Mr. BENNET, the criminatory treatment of any person homa (Mr. INHOFE), the Senator from name of the Senator from Rhode Island on the basis of views held with respect Kentucky (Mr. MCCONNELL), the Sen- (Mr. REED) was added as a cosponsor of to marriage. ator from Tennessee (Mr. ALEXANDER), amendment No. 2159 intended to be pro- S. 1670 the Senator from Kansas (Mr. ROB- posed to S. 1177, an original bill to re- At the request of Ms. KLOBUCHAR, the ERTS), the Senator from West Virginia authorize the Elementary and Sec- name of the Senator from Illinois (Mr. (Mrs. CAPITO), the Senator from Colo- ondary Education Act of 1965 to ensure DURBIN) was added as a cosponsor of S. rado (Mr. BENNET) and the Senator that every child achieves. 1670, a bill to amend the Torture Vic- from Mississippi (Mr. WICKER) were AMENDMENT NO. 2166 tims Relief Act of 1998 to authorize ap- added as cosponsors of amendment No. At the request of Mr. BROWN, the propriations to provide assistance for 2094 proposed to S. 1177, an original bill name of the Senator from Maryland domestic and foreign programs and to reauthorize the Elementary and Sec- (Ms. MIKULSKI) was added as a cospon- centers for the treatment of victims of ondary Education Act of 1965 to ensure sor of amendment No. 2166 intended to torture, and for other purposes. that every child achieves. be proposed to S. 1177, an original bill S. 1672 AMENDMENT NO. 2096 to reauthorize the Elementary and Sec- At the request of Mrs. FISCHER, the At the request of Mr. KAINE, the ondary Education Act of 1965 to ensure name of the Senator from Montana name of the Senator from Virginia (Mr. that every child achieves. (Mr. TESTER) was added as a cosponsor WARNER) was added as a cosponsor of AMENDMENT NO. 2167 of S. 1672, a bill to authorize States to amendment No. 2096 proposed to S. At the request of Mr. SCHATZ, the enter into interstate compacts regard- 1177, an original bill to reauthorize the name of the Senator from Ohio (Mr. ing Class A commercial driver’s li- Elementary and Secondary Education BROWN) was added as a cosponsor of censes. Act of 1965 to ensure that every child amendment No. 2167 intended to be pro- S. 1714 achieves. posed to S. 1177, an original bill to re- At the request of Mr. MANCHIN, the AMENDMENT NO. 2110 authorize the Elementary and Sec- name of the Senator from Arkansas At the request of Mr. SASSE, his ondary Education Act of 1965 to ensure (Mr. COTTON) was added as a cosponsor name was added as a cosponsor of that every child achieves. of S. 1714, a bill to amend the Surface amendment No. 2110 proposed to S. AMENDMENT NO. 2169 Mining Control and Reclamation Act of 1177, an original bill to reauthorize the At the request of Mr. BOOKER, the 1977 to transfer certain funds to the Elementary and Secondary Education names of the Senator from Iowa (Mr. Multiemployer Health Benefit Plan Act of 1965 to ensure that every child GRASSLEY), the Senator from Okla- and the 1974 United Mine Workers of achieves. homa (Mr. INHOFE) and the Senator America Pension Plan, and for other AMENDMENT NO. 2133 from Oregon (Mr. WYDEN) were added purposes. At the request of Mr. SCOTT, the as cosponsors of amendment No. 2169 S. 1716 name of the Senator from Alabama intended to be proposed to S. 1177, an At the request of Ms. BALDWIN, the (Mr. SESSIONS) was added as a cospon- original bill to reauthorize the Elemen- names of the Senator from Oregon (Mr. sor of amendment No. 2133 intended to tary and Secondary Education Act of

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.038 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4956 CONGRESSIONAL RECORD — SENATE July 9, 2015 1965 to ensure that every child Wall Street through two provisions. and Per Diem program and the Sup- achieves. The first would allow the SEC to triple portive Services for Veteran Families f the penalty cap applicable to recidi- program through partnerships with vists who have been held either crimi- homeless service providers around the STATEMENTS ON INTRODUCED nally or civilly liable for securities country. BILLS AND JOINT RESOLUTIONS fraud within the preceding five years. These important and successful pro- By Mr. REED (for himself, Mr. The second would allow the SEC to grams assist very low-income veterans GRASSLEY, and Mr. LEAHY): seek a civil penalty against those that and their families who either live in S. 1730. A bill to enhance civil pen- violate existing federal court or SEC permanent housing or are transitioning alties under the Federal securities orders, an approach that would be more from homelessness. The programs help laws, and for other purposes; to the efficient, effective, and flexible than our veterans with rent, utilities, mov- Committee on Banking, Housing, and the current civil contempt remedy. ing costs, outreach, case management, Urban Affairs. These two changes would substantially and obtaining benefits. Mr. REED. Mr. President, the improve the ability of the SEC’s en- But last year, after a legal review of Stronger Enforcement of Civil Pen- forcement program to ratchet up pen- its policies, VA was forced to prepare alties Act, which I am pleased to be in- alties for recidivists. for a change that would have cut off troducing today with Senator GRASS- More than half of all U.S. households services to veterans who did not meet LEY and Senator LEAHY, will enhance own securities. They deserve a strong certain length of service or discharge the ability of securities regulators to cop on the beat that has the tools it requirements, changing policies that protect investors and demand greater needs to go after fraudsters and pursue homeless service providers had fol- accountability from market players. the difficult cases arising from our in- lowed for decades. Unfortunately, even after the financial creasingly complex financial markets. That would be a heartless, bureau- crisis that crippled the economy, we The Stronger Enforcement of Civil cratic move that could have put thou- continue to see calculated wrongdoing Penalties Act will give the SEC more sands of veterans on the streets—prac- by some on Wall Street. Without the tools to demand meaningful account- tically overnight. According to some of consequence of meaningful penalties to ability from Wall Street, which in turn our leading veterans and homeless serve as an effective deterrent, I fear will increase transparency and con- groups—including The American Le- this disturbing culture of misconduct fidence in our financial system. I urge gion, the National Alliance to End will persist. our colleagues to support this impor- Homelessness the National Low Income The existing regime for securities tant bipartisan legislation to enhance Housing Coalition, and the National law violations limits by statute the the SEC’s ability to protect investors Coalition for Homeless Veterans—had amount of penalties the Securities and and crack down on fraud. the policy been enacted, VA would Exchange Commission, SEC, can fine By Mrs. MURRAY (for herself and have had to stop serving about 15 per- an institution or individual. During cent of the homeless veteran popu- hearings I held in 2011 in the Securi- Ms. HIRONO): S. 1731. A bill to amend title 38, lation, and in certain urban areas up to ties, Insurance, and Investment Bank- United States Code, to waive the min- 30 percent of homeless veterans would ing Subcommittee, I learned how this imum period of continuous active duty have been turned away. limitation significantly interferes with in the Armed Forces for receipt of cer- The veterans community alerted me the SEC’s ability to perform its en- tain benefits for homeless veterans, to to this possible change—and while I am forcement duties. At that time, the authorize the Secretary of Veterans Af- proud that we prevented these changes agency had been criticized by a Federal fairs to furnish such benefits to home- in the short-term—it is very con- judge for not obtaining a larger settle- less veterans with discharges or re- cerning that a legal opinion could be ment against Citigroup, a major player leases from service in the Armed issued at any time to undo all of that. in the financial crisis that settled with Forces with other than dishonorable There is good reason to reverse this the SEC in an amount that was a frac- conditions, and for other purposes; to policy for good. A report from VA’s In- tion of the cost the bank had inflicted the Committee on Veterans’ Affairs. spector General, issued just last week, on investors. The SEC explained that Mrs. MURRAY. Mr. President, today shows how VA’s unclear or outdated the reason for the low settlement I am introducing the Homeless Vet- guidance hurts veterans, and how VA’s amount was a statutory prohibition erans Services Protection Act of 2015. proposed policy changes work against from levying a larger penalty. This legislation would ensure contin- efforts to help homeless veterans. The bipartisan bill Senator GRASSLEY ued access to homeless services for As a senior member of the Senate and I are introducing updates and some of our country’s most vulnerable Veterans’ Affairs Committee and the strengthens the SEC’s civil penalties veterans who are currently at risk of daughter of a World War II veteran, I’m statute. It aims to make potential and losing these critical services. proud that the bill I have introduced current offenders think twice before The administration set the difficult today would permanently protect engaging in misconduct by increasing but commendable goal of eliminating homeless veterans’ access to housing the maximum civil monetary penalties veteran homelessness. Through tre- and services. permitted by statute, directly linking mendous efforts at every level of gov- This bill makes it clear that our the size of the maximum penalties to ernment, and with the help of commu- country takes care of those who have the amount of losses suffered by vic- nity groups, non-profits and the pri- served, and we don’t allow bureaucracy tims of a violation, and substantially vate sector, we have made major to dictate who gets a roof over their raising the financial stakes for repeat progress toward achieving that goal. head and who doesn’t. offenders of our nation’s securities But we know we have a lot of work to Many veterans struggle with mental laws. do. Veterans are at greater risk of be- illness, substance abuse, or simply Specifically, our bill would give the coming homeless than non-veterans finding a steady job—all factors that SEC more options to tailor penalties to and on any given night as many as can lead to homelessness. the specific circumstances of a given 50,000 veterans are homeless across the And veterans of the wars in Iraq and violation. In addition to raising the per United States. Afghanistan are increasingly becoming violation caps for severe, or ‘‘tier This is unacceptable. homeless—numbers that will continue three,’’ violations to $1 million per of- Our veterans made great sacrifices to increase in the coming years unless fense for individuals and $10 million while serving our country and our com- help is available for them. per offense for entities, the bill would mitment to them is especially impor- The idea that any of these veterans also give the SEC additional options to tant. This commitment includes pro- returning from service could become obtain greater penalties based on the viding benefits, medical care, support, homeless because of these policies is ill-gotten gains of the violator or on and assistance to prevent homeless- unacceptable. the financial harm to investors. ness. If we ever hope to end veteran home- Our bill also addresses the dis- Two of our greatest tools are the De- lessness we must do everything we can concerting trend of repeat offenders on partment of Veterans Affairs’ Grant to reach this goal, and I want to make

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.038 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4957 sure that VA’s policies are moving us ade ago in Oregon. I have always said— introduce today includes provisions in that direction. always said—that if you don’t like gay from bills introduced by myself, Sen- I don’t just believe that the United marriage, don’t get one. This is fun- ators BLUMENTHAL, MARKEY, GILLI- States can do better; I believe we must damentally an issue of justice and of BRAND, SCHATZ, BOOKER, and former do better for those who’ve sacrificed so liberty. I hope all Americans take pride Chairman Rockefeller. Like the earlier much for our country. in the wave of acceptance and equality bills, this legislation is predicated on Finally I would like to thank Sen- that has rolled across our land and this improving four things: transparency, ator HIRONO for cosponsoring this bill decision embodies. wrongdoer accountability, vehicle safe- and being a champion of the men and This legislation now has 36 cospon- ty, and recall effectiveness. women who have served our country. sors. My hope is this body will support First, government transparency. The this proposal on a bipartisan basis. I Department of Transportation Inspec- By Mr. WYDEN (for himself, Mr. look forward to working with our col- tor General identified several problems SCHUMER, Ms. STABENOW, Ms. leagues to take this next step. It is a with how NHTSA processes early warn- CANTWELL, Mr. NELSON, Mr. step toward the arc of justice—the arc ing data. This bill seeks to help remedy MENENDEZ, Mr. CARPER, Mr. of justice that says that all of us—all those problems and increase the trans- CARDIN, Mr. BROWN, Mr. BEN- of us—have to be free. All of us should parency of the information the agency NET, Mr. CASEY, Mr. WARNER, enjoy true and full equality for all receives. For example, the bill would Mr. REID, Ms. HIRONO, Mrs. Americans. I am very pleased 36 col- require NHTSA to upgrade its online GILLIBRAND, Mr. WHITEHOUSE, leagues are joining me in this proposal databases to improve searchability and Mrs. MCCASKILL, Mr. MARKEY, this morning. I hope the Senate will to consider early warning data when Mr. SANDERS, Ms. WARREN, Mr. pass it expeditiously on a bipartisan investigating potential safety defects. BLUMENTHAL, Ms. KLOBUCHAR, basis. The bill would also require NHTSA to Mr. LEAHY, Mr. FRANKEN, Mr. disclose information submitted by MERKLEY, Mrs. BOXER, Mr. DUR- By Mr. NELSON (for himself, Mr. manufacturers to NHTSA through the BIN, Mrs. SHAHEEN, Mr. MUR- BLUMENTHAL, and Mr. MARKEY): Early Warning Reporting system un- PHY, Mr. HEINRICH, Mr. SCHATZ, S. 1743. A bill to provide greater less the information is exempt under Ms. BALDWIN, Mrs. MURRAY, Mr. transparency, accountability, and safe- FOIA. Finally, motor vehicle and COONS, Ms. MIKULSKI, Ms. ty authority to the National Highway equipment manufacturers would have HEITKAMP, Mr. TESTER, Mr. Traffic Safety Administration, and for to automatically submit documenta- BOOKER, Mr. REED, Mr. KAINE, other purposes; to the Committee on tion that first alerted them to a fatal- Mr. PETERS, Mr. DONNELLY, Commerce, Science, and Transpor- ity involving their vehicle or equip- Mrs. FEINSTEIN, Mr. UDALL, Mr. tation. ment to NHTSA’s Early Warning Re- KING, and Mr. MANCHIN): Mr. NELSON. Mr. President, today, I porting database. S. 1740. A bill to amend the Internal am introducing the Motor Vehicle Second, wrongdoer accountability. Revenue Code of 1986 to clarify that all Safety Act of 2015. I introduce this bill The bill would remove the cap on provisions shall apply to legally mar- with Senator BLUMENTHAL, the Rank- NHTSA’s civil penalty authority, ried same-sex couples in the same man- ing Member of the Subcommittee on which is currently at $35 million ner as other married couples, and for Consumer Protection, Product Safety, NHTSA’s civil penalty authority must other purposes; to the Committee on Insurance, and Data Security, as well be bolstered to deter highly profitable Finance. as Senator MARKEY, a valued Member corporations from violating safety Mr. WYDEN. Mr. President, 2 weeks of the Commerce Committee. laws. Otherwise, we get what we have ago, the Supreme Court handed down a Takata airbags. GM ignition switch- now: companies treating NHTSA’s civil wonderful decision recognizing that all es. Toyota unintended acceleration. By penalties as a mere cost of doing busi- Americans have the right to marry the now, we all know the tragic stories: ness. Just look at the GM case, where man or woman they love. It was a tri- automakers and suppliers hiding dan- the maximum $35 million civil penalty umphant movement in the march to- gerous defects for years right under the represented less than 1/1000 of GM’s ward justice, one I was happy to cele- nose of a weak, under-resourced regu- quarterly revenues, which is over $35 brate at home with a group of Orego- lator. The result? Scores of deaths, billion. In addition, the bill would im- nians who were truly elated. In my re- hundreds of injuries, and millions of pose criminal penalties on corporate marks that morning, I said: Love won vehicles still under recall that are en- executives who knowingly conceal the and there is more to be done. dangering lives both inside and outside fact that their product poses a danger So, today, along with 36 colleagues, I the cars. of death or serious injury. Corporate am introducing the Equal Dignity for Every year, over 32,000 people die on executives who hide serious dangers Married Taxpayers Act of 2015. What our roadways—32,000 lives cut short, from the public shouldn’t get off the this legislation does is it removes each 32,000 families without a loved one. Car hook. gender-specific reference to marriage accidents are by far the top cause of Third, vehicle safety. The bill would from the Tax Code. Now, in his opinion accidental deaths. But it doesn’t have authorize NHTSA to conduct new refor the Court, Justice Kennedy pointed to be this way. Congress can adopt search and implement life-saving out the importance of providing equal practical solutions to help make cars standards to make vehicles safer. For dignity in the eyes of the law. safer and improve the recall process example, it would require large com- Our legislation enshrines that equal and, in turn, save lives. That is exactly mercial trucks to have crash avoidance dignity and respect in our Nation’s tax what this legislation is designed to technologies, and it would improve car laws by recognizing a new dawn of lib- do—to take the lessons we have learned hoods and bumpers to reduce pedes- erty for all Americans. In my view, on from exploding Takata airbags, defec- trian fatalities and injuries. The legis- a more symbolic level, this legislation tive GM ignition switches, and several lation also would task NHTSA with is one way to help close the door on an other recent serious recalls to ensure evaluating whether technology exists era when too many of our laws denied that a company can never again hide a to help prevent children from being left equality to the LGBTQ community. In lethal defects from the public, to im- in hot cars. These changes just make my view, this is a particularly impor- prove the way we recall dangerous sense, and they would save lives. tant step in the march toward justice. cars, and to harness American innova- Lastly, recall effectiveness. The It is a straightforward way to cement tion and ingenuity to make vehicles major lesson from the Takata, GM, and the recognition that all Americans safer. other defect debacles is that we need to share certain unalienable rights— Many of the concepts in today’s bill improve the recall process so that un- among them, life, liberty, and the pur- are not new. Indeed, many of the provi- safe vehicles get fixed as quickly as suit of happiness. sions in the bill have passed the Senate possible. This bill would do just that by I was proud to vote against the De- before with bipartisan support. The improving NHTSA’s recall authority, fense of Marriage Act in the Congress Motor Vehicle Safety Act of 2015 that asking dealers to adopt commonsense 20 years ago and fight measure 36 a dec- Senators BLUMENTHAL, MARKEY, and I practices, and exploring new ways to

VerDate Sep 11 2014 08:16 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.040 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4958 CONGRESSIONAL RECORD — SENATE July 9, 2015 notify consumers of recalls. First, the TITLE I—TRANSPARENCY AND sumptively not be eligible for protection Motor Vehicle Safety Act of 2015 would ACCOUNTABILITY under section 552(b) of title 5, United States give NHTSA the authority to expedite Sec. 101. Public availability of early warn- Code: recalls in the case of substantial likeli- ing data. (1) Vehicle safety defect information re- Sec. 102. Additional early warning reporting lated to incidents involving death or injury. hood of death or serious injury. Sec- (2) Aggregated numbers of property dam- ond, the legislation would ensure that requirements. Sec. 103. Improved National Highway Traffic age claims. used car dealers fix cars under recall Safety Administration vehicle (3) Aggregated numbers of consumer com- before selling them. The fact that used safety databases. plaints related to potential vehicle defects. car dealers can still sell vehicles under Sec. 104. Corporate responsibility for (d) NULLIFICATION OF PRIOR REGULATIONS.— recall without bothering to fix them is NHTSA reports. Beginning 2 years after the date of enact- appalling—several individuals who died Sec. 105. Reports to Congress. ment of this Act, the regulations estab- from exploding Takata airbags had TITLE II—ENHANCED SAFETY AUTHOR- lishing early warning reporting class deter- ITY AND CONSUMER PROTECTION minations in Appendix C of part 512 of title purchased used cars that hadn’t been 49, Code of Federal Regulations, shall have fixed. My legislation would also require Sec. 201. Civil penalties. no force or effect. authorized dealers to check for open re- Sec. 202. Criminal penalties. Sec. 203. Cooperation with foreign govern- SEC. 102. ADDITIONAL EARLY WARNING REPORT- calls when a car is brought in for any ING REQUIREMENTS. service—something that should already ments. Sec. 204. Imminent hazard authority. Section 30166(m) is amended— be very quick and doable for dealers. Sec. 205. Used passenger motor vehicle con- (1) in paragraph (3)(C)— Third, the bill would create grant pro- sumer protection. (A) by striking ‘‘The manufacturer’’ and grams to allow states to participate in Sec. 206. Unattended children warning sys- inserting the following: the recall notification process by noti- tem. ‘‘(i) IN GENERAL.—The manufacturer’’; and fying drivers of open recalls when the Sec. 207. Collision avoidance technologies. (B) by adding at the end the following: ‘‘(ii) FATAL INCIDENTS.—If an incident de- DMV sends registration renewals. Fi- Sec. 208. Motor vehicle pedestrian protection. scribed in clause (i) involves a fatality, the nally, NHTSA would have promulgate Secretary shall require the manufacturer to a rule requiring new vehicles have a TITLE III—FUNDING submit, as part of its incident report— warning feature—similar to tire pres- Sec. 301. Authorization of appropriations. ‘‘(I) all initial claim or notice documents, sure monitor or oil change light on the TITLE IV—RECALL PROCESS as defined by the Secretary through regula- dashboard—that would notify con- IMPROVEMENTS tion, except media reports, that notified the sumers that their cars are subject to a Sec. 401. Recall obligations under bank- manufacturer of the incident; safety recall. With innovations like ruptcy. ‘‘(II) any police reports or other docu- Sec. 402. Dealer requirement to check for ments, as defined by the Secretary through backup cameras and connected cars, regulation, that relate to the initial claim or we’ve seen how technology improves and remedy recall. Sec. 403. Application of remedies for defects notice (except for documents that are pro- safety. I am very excited about the pos- and noncompliance. tected by the attorney-client privilege or sibility that technology can also en- Sec. 404. Direct vehicle notification of re- work product privileges that are not already sure that a driver knows his or her car calls. publicly available), that describe or recon- is under recall and, as a result, prevent Sec. 405. State notification of open safety struct the incident, and that are in the ac- injuries and deaths from safety defects. recalls. tual possession or control of the manufac- Sec. 406. Recall completion pilot grant pro- turer at the time the incident report is sub- The American public demands that mitted; we do something meaningful to keep gram. Sec. 407. Improvements to notification of de- ‘‘(III) any amendments or supplements, as them safe on the road. There will be fect or noncompliance. defined by the Secretary through regulation, more recalls in the future—it is inevi- (c) REFERENCES TO TITLE 49, UNITED STATES to the initial claim or notice documents de- table. And the consequences can be CODE.—Except as otherwise expressly pro- scribed in subclause (I), except for— deadly. But they don’t have to be. Im- vided, wherever in this Act an amendment or ‘‘(aa) medical documents and bills; proving the recall process can and will repeal is expressed in terms of an amend- ‘‘(bb) property damage invoices or esti- save lives. I realize our bill may not ment to, or repeal of, a section or other pro- mates; and vision, the reference shall be considered to ‘‘(cc) documents related to damages; and get us to l00 percent completion of re- ‘‘(IV) any police reports or other docu- calls or perfect motor vehicle safety, be made to a section or other provision of title 49, United States Code. ments described in subclause (II) that are ob- but I am confident that it would go a tained by the manufacturer after the submis- SEC. 2. DEFINITION OF SECRETARY. long way towards improving recall ef- sion of its incident report.’’; In this Act, unless expressly provided oth- (2) in paragraph (4), by amending subpara- fectiveness, adding practical safety erwise, the term ‘‘Secretary’’ means the Sec- graph (C) to read as follows: technologies to vehicles, and making retary of Transportation. ‘‘(C) DISCLOSURE.— Americans safer on our nation’s roads TITLE I—TRANSPARENCY AND and highways. ‘‘(i) IN GENERAL.—The information pro- ACCOUNTABILITY vided to the Secretary under this subsection I want to thank my colleagues, Sen- SEC. 101. PUBLIC AVAILABILITY OF EARLY WARN- shall— ators BLUMENTHAL and MARKEY, for ING DATA. ‘‘(I) be disclosed publicly; and helping me on this extremely impor- (a) REGULATIONS.—Not later than 2 years ‘‘(II) be entered into the early warning re- tant bill and for their dedication to after the date of enactment of this Act, the porting database in a manner specified by making our roads safer. Secretary shall promulgate regulations es- the Secretary through regulation that is Mr. President, I ask unanimous con- tablishing categories of information pro- searchable by manufacturer name, vehicle or vided to the Secretary under section 30166(m) equipment make and model name, model sent that the text of the bill be printed of title 49, United States Code, as amended year, and reported system or component. in the RECORD. by section 102 of this Act, that must be made ‘‘(ii) INFORMATION DISCLOSURE REQUIRE- There being no objection, the text of available to the public. The Secretary may MENTS.—In administering this subparagraph, the bill was ordered to be printed in establish categories of information that are the Secretary shall— the RECORD, as follows: exempt from public disclosure under section ‘‘(I) presume in favor of maximum public 552(b) of title 5, United States Code. availability of information; S. 1743 (b) CONSULTATION.—In conducting the rule- ‘‘(II) require the publication of information Be it enacted by the Senate and House of Rep- making under subsection (a), the Secretary on incidents involving death or injury; and resentatives of the United States of America in shall consult with the Director of the Office ‘‘(III) require the publication of numbers of Congress assembled, of Government Information Services within property damage claims.’’; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS; the National Archives and Records Adminis- (3) by adding at the end the following: REFERENCES. tration and the Director of the Office of In- ‘‘(6) SECTION 552 OF TITLE 5.—Any require- formation Policy of the Department of Jus- ment for the Secretary to publicly disclose (a) SHORT TITLE.—This Act may be cited as the ‘‘Motor Vehicle Safety Act of 2015’’. tice. information under this subsection shall be (c) PRESUMPTION AND LIMITATION.—The construed consistently with the require- (b) TABLE OF CONTENTS.—The table of con- Secretary shall promulgate the regulations ments of section 552 of title 5. tents of this Act is as follows: with a presumption in favor of maximum ‘‘(7) USE OF EARLY WARNING REPORTS.—The Sec. 1. Short title; table of contents; ref- public availability of information. In pro- Secretary shall consider information gath- erences. mulgating regulations under subsection (a), ered under this subsection in proceedings de- Sec. 2. Definition of Secretary. the following types of information shall prescribed in sections 30118 and 30162.’’.

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IMPROVED NATIONAL HIGHWAY TRAF- (A) the sufficiency of NHTSA’s procedures (B) by striking the third sentence; FIC SAFETY ADMINISTRATION VEHI- and practices for collecting, verifying the ac- (2) in paragraph (2)— CLE SAFETY DATABASES. curacy and completeness of, analyzing, and (A) in subparagraph (A), by striking (a) IN GENERAL.—Not later than 2 years determining whether to further investigate ‘‘$10,000’’ and inserting ‘‘$100,000’’; and after the date of enactment of this Act, and potential safety issues described in consumer (B) in subparagraph (B), by striking the after public consultation, the Secretary shall complaints and manufacturer submittals to second sentence; and improve public accessibility to information the early warning report system; (3) in paragraph (3)— on the National Highway Traffic Safety Ad- (B) the number and type of requests for in- (A) in the first sentence, by inserting ‘‘or ministration’s publicly accessible vehicle formation made by NHTSA based on data re- causes the violation of’’ after ‘‘violates’’; safety databases— ceived in the early warning reporting system (B) in the second sentence, by striking (1) by improving organization and and consumer complaints received; ‘‘$5,000’’ and inserting ‘‘$25,000’’; and functionality, including design features such (C) the number of safety defect investiga- (C) by striking the third sentence. as drop-down menus, and allowing for data tions opened by NHTSA based on informa- (b) CONSTRUCTION.—Nothing in this section from all of the publicly accessible vehicle tion reported to NHTSA through the early shall be construed as preventing the imposi- safety databases to be searched, sorted, ag- warning reporting system, consumer com- tion of penalties under section 30165 of title gregated, and downloaded in a manner— plaints, or other sources; 49, United States Code, prior to the issuance (A) consistent with the public interest; and (D) the nature and vehicle defect category of a final rule under section 31203(b) of the (B) that facilitates easy use by consumers; of each safety defect investigation described Moving Ahead for Progress in the 21st Cen- (2) by providing greater consistency in in subparagraph (C); tury Act (49 U.S.C. 30165 note). presentation of vehicle safety issues; (E) the duration of each safety defect in- (3) by improving searchability about spe- SEC. 202. CRIMINAL PENALTIES. vestigation described in subparagraph (C), cific vehicles and issues through standardiza- (a) REPORTING STANDARDS.— including— tion of commonly used search terms and the (1) IN GENERAL.—Part I of title 18, United (i) the number of safety defect investiga- integration of databases to enable all to be States Code, is amended by inserting after tions described in subparagraph (C) that are simultaneously searched using the same key- chapter 101 the following: subsequently closed without further action; word search function; and ‘‘CHAPTER 101A—REPORTING STANDARDS and (4) by ensuring that all studies, investiga- (ii) the number and description of safety ‘‘Sec. tion reports, inspection reports, incident re- defect investigations described in subpara- ‘‘2081. Definitions. ports, and other categories of materials, as graph (C) that have been open for more than ‘‘2082. Failure to inform and warn. specified through the rulemaking under sec- 1 year; ‘‘2083. Relationship to existing law. tion 101(a), be made publicly available in a (F) the percentage of the safety defect in- ‘‘§ 2081. Definitions manner that is searchable in databases by— vestigations described in subparagraph (C) (A) manufacturer name, vehicle or equip- ‘‘In this chapter— that result in a finding of a safety defect, re- ment make and model name, and model year; ‘‘(1) the term ‘appropriate Federal agency’ call, or service information campaign; (B) reported system or component; means an agency with jurisdiction over a (G) the status and sufficiency of NHTSA’s (C) number of injuries or fatalities; and covered product, covered service, or business compliance with each recommendation de- (D) any other element that the Secretary practice; signed to improve vehicle safety made by the determines to be in the public interest. ‘‘(2) the term ‘business entity’ means a cor- Inspector General; and (b) INVESTIGATION INFORMATION.—The Sec- poration, company, association, firm, part- retary shall— (H) other information the Inspector Gen- nership, sole proprietor, or other business (1) provide public notice of information re- eral considers appropriate. entity; EPORT.— quests to manufacturers issued under section (2) R ‘‘(3) the term ‘business practice’ means a (A) IN GENERAL.—Not later than 30 days 30166 of title 49, United States Code; and method or practice of— after the date that a report under paragraph (2) make such information requests, the ‘‘(A) manufacturing, assembling, design- (1) is complete, the Inspector General shall manufacturer’s written responses to the in- ing, researching, importing, or distributing a transmit the report to— formation requests, and notice of any en- covered product; (i) the Committee on Commerce, Science, forcement or other action taken as a result ‘‘(B) conducting, providing, or preparing to and Transportation of the Senate; and of the information requests— provide a covered service; or (ii) the Committee on Energy and Com- (A) available to consumers on the Internet ‘‘(C) otherwise carrying out business oper- merce of the House of Representatives. not later than 5 days after such notice is ations relating to covered products or cov- (B) PUBLIC.—The Inspector General shall issued; and ered services; make the report public as soon as prac- (B) searchable by manufacturer name, ve- ‘‘(4) the term ‘covered product’ means a ticable, but not later than 30 days after the hicle or equipment make and model name, product manufactured, assembled, designed, date the report is transmitted under sub- model year, system or component, and the researched, imported, or distributed by a paragraph (A). type of inspection or investigation being business entity that enters interstate com- (b) REPORT ON OPERATIONS OF THE COUNCIL conducted. merce; FOR VEHICLE ELECTRONICS, VEHICLE SOFT- (c) SECTION 552 OF TITLE 5.—Any require- ‘‘(5) the term ‘covered service’ means a ment for the Secretary to publicly disclose WARE, AND EMERGING TECHNOLOGIES.— service conducted or provided by a business information under this section shall be con- (1) IN GENERAL.—Not later than 6 months entity that enters interstate commerce; strued consistently with the requirements of after the date of enactment of this Act, the ‘‘(6) the term ‘responsible corporate offi- section 552 of title 5, United States Code. Secretary shall prepare a report regarding cer’ means a person who— the operations of the Council for Vehicle SEC. 104. CORPORATE RESPONSIBILITY FOR ‘‘(A) is an employer, director, or officer of NHTSA REPORTS. Electronics, Vehicle Software, and Emerging a business entity; Section 30166(o) is amended— Technologies established under section 31401 ‘‘(B) has the responsibility and authority, (1) in paragraph (1), by striking ‘‘may’’ and of the Moving Ahead for Progress in the 21st by reason of his or her position in the busi- inserting ‘‘shall’’; and Century Act (49 U.S.C. 105 note). The report ness entity and in accordance with the rules (2) by adding at the end the following: shall include information about the accom- or practice of the business entity, to acquire ‘‘(3) DEADLINE.—Not later than 1 year after plishments of the Council, the role of the knowledge of any serious danger associated the date of enactment of the Motor Vehicle Council in integrating and aggregating ex- with a covered product (or component of a Safety Act of 2015, the Secretary shall issue pertise across NHTSA, and the priorities of covered product), covered service, or busi- a final rule under paragraph (1).’’. the Council over the next 5 years. ness practice of the business entity; and SEC. 105. REPORTS TO CONGRESS. (2) SUBMISSION OF REPORT.—The Secretary ‘‘(C) has the responsibility, by reason of his (a) ABILITY TO IDENTIFY AND INVESTIGATE shall submit the report upon completion to or her position in the business entity, to VEHICLE SAFETY CONCERNS.— the Committee on Commerce, Science, and communicate information about the serious (1) IN GENERAL.—Not later than 3 years Transportation of the Senate and the Com- danger to— after the date of enactment of this Act, and mittee on Energy and Commerce of the ‘‘(i) an appropriate Federal agency; biennially thereafter for 6 years, the Inspec- House of Representatives. ‘‘(ii) employees of the business entity; or tor General of the Department of Transpor- TITLE II—ENHANCED SAFETY AUTHORITY ‘‘(iii) individuals, other than employees of tation shall update the Inspector General’s AND CONSUMER PROTECTION the business entity, who may be exposed to report dated June 18, 2015 (ST–2015–063) on SEC. 201. CIVIL PENALTIES. the serious danger; the pre-investigation processes used by the (a) IN GENERAL.—Section 30165(a) is amend- ‘‘(7) the term ‘serious bodily injury’ means Office of Defects Investigation of the Na- ed— an impairment of the physical condition of tional Highway Traffic Safety Administra- (1) in paragraph (1)— an individual, including as a result of trau- tion (referred to in this section as ‘‘NHTSA’’) (A) in the first sentence— ma, repetitive motion, or disease, that— to collect and analyze vehicle safety data (i) by inserting ‘‘or causes the violation of’’ ‘‘(A) creates a substantial risk of death; or and to determine potential safety issues and after ‘‘violates’’; and ‘‘(B) causes— whether those processes were sufficiently (ii) by striking ‘‘$5,000’’ and inserting ‘‘(i) serious permanent disfigurement; improved, including an assessment of— ‘‘$25,000’’; and ‘‘(ii) unconsciousness;

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‘‘(iii) extreme pain; or ‘‘(B) PROCEDURE.— (3) EFFECTIVE DATE.—The amendments ‘‘(iv) permanent or protracted loss or im- ‘‘(i) IN GENERAL.—An action under subpara- made by paragraphs (1) and (2) shall take ef- pairment of the function of any bodily mem- graph (A)(i) shall be governed under the rules fect on the date that is 1 year after the date ber, organ, bodily system, or mental faculty; and procedures set forth in section 42121(b) of of enactment of this Act. ‘‘(8) the term ‘serious danger’ means a dan- title 49. (b) PROHIBITION ON RENDERING SAFETY ELE- ger, not readily apparent to a reasonable per- ‘‘(ii) EXCEPTION.—Notification made under MENTS INOPERATIVE.—Section 30122 is amend- son, that the normal or reasonably foresee- section 42121(b)(1) of title 49 shall be made to ed by amending subsection (b) to read as fol- able use of, or the exposure of an individual the person named in the complaint and to lows: to, a covered product, covered service, or the employer. ‘‘(b) PROHIBITION.— business practice has an imminent risk of ‘‘(iii) BURDENS OF PROOF.—An action ‘‘(1) IN GENERAL.—Except as provided in causing death or serious bodily injury to an brought under subparagraph (A)(ii) shall be paragraph (2), a person may not knowingly individual; and governed by the legal burdens of proof set make inoperative any part of a device or ele- ‘‘(9) the term ‘warn affected employees’ forth in section 42121(b) of title 49. ment of design installed on or in a motor ve- means take reasonable steps to give, to each ‘‘(iv) STATUTE OF LIMITATIONS.—An action hicle or motor vehicle equipment in compli- individual who is exposed or may be exposed under subparagraph (A) shall be commenced ance with an applicable motor vehicle safety to a serious danger in the course of work for not later than 180 days after the date on standard prescribed under this chapter un- a business entity, a description of the serious which the violation occurs, or after the date less the person reasonably believes the vehi- danger that is sufficient to make the indi- on which the employee became aware of the cle or equipment will not be used (except for vidual aware of the serious danger. violation. testing or a similar purpose during mainte- ‘‘§ 2082. Failure to inform and warn ‘‘(v) JURY TRIAL.—A party to an action nance or repair) when the device or element ‘‘(a) REQUIREMENT.—After acquiring actual brought under subparagraph (A)(ii) shall be is inoperative. knowledge of a serious danger associated entitled to trial by jury. ‘‘(2) EXCEPTION.—The prohibition under with a covered product (or component of a ‘‘(3) REMEDIES.— paragraph (1) does not apply to a modifica- covered product), covered service, or busi- ‘‘(A) IN GENERAL.—An employee prevailing tion made by an individual to a motor vehi- ness practice of a business entity, a business in any action under paragraph (2)(A) shall be cle or item of equipment owned or leased by entity and any responsible corporate officer entitled to all relief necessary to make the that individual.’’. with respect to the covered product, covered employee whole. (c) CRIMINAL LIABILITY.—Section 30170 is amended by adding at the end the following; service, or business practice, shall— ‘‘(B) COMPENSATORY DAMAGES.—Relief for ‘‘(c) CRIMINAL LIABILITY FOR TAMPERING ‘‘(1) as soon as practicable and not later any action under subparagraph (A) shall in- WITH MOTOR VEHICLE SAFETY ELEMENTS.— than 24 hours after acquiring such knowl- clude— Whoever knowing that he will endanger the edge, verbally inform an appropriate Federal ‘‘(i) reinstatement with the same seniority safety of any person on board a motor vehi- agency of the serious danger, unless the busi- status that the employee would have had, cle or anyone who he believes will board the ness entity or responsible corporate officer but for the discrimination; has actual knowledge that an appropriate same, or with a reckless disregard for the ‘‘(ii) the amount of back pay, with inter- safety of human life, violates section 30122(b) Federal agency has been so informed; est; and ‘‘(2) not later than 15 days after acquiring under this title shall be subject to criminal ‘‘(iii) compensation for any special dam- penalties under section 33(a) of title 18.’’. such knowledge, inform an appropriate Fed- ages sustained as a result of the discrimina- SEC. 203. COOPERATION WITH FOREIGN GOVERN- eral agency in writing of the serious danger; tion, including litigation costs, expert wit- ‘‘(3) as soon as practicable, but not later MENTS. ness fees, and reasonable attorney fees. (a) TITLE 49 AMENDMENT.—Section 30182(b) than 30 days after acquiring such knowledge, ‘‘(4) RIGHTS RETAINED BY EMPLOYEE.—Noth- warn affected employees in writing, unless is amended— ing in this subsection shall be deemed to di- (1) in paragraph (4), by striking ‘‘; and’’ and the business entity or responsible corporate minish the rights, privileges, or remedies of officer has actual knowledge that affected inserting a semicolon; any employee under any Federal or State (2) in paragraph (5), by striking the period employees have been so warned; and law, or under any collective bargaining ‘‘(4) as soon as practicable, but not later at the end and inserting ‘‘; and’’; and agreement. (3) by inserting after paragraph (5) the fol- than 30 days after acquiring such knowledge, ‘‘(5) NONENFORCEABILITY OF CERTAIN PROVI- inform individuals, other than affected em- lowing: SIONS WAIVING RIGHTS AND REMEDIES OR RE- ‘‘(6) enter into cooperative agreements (in ployees, who may be exposed to the serious QUIRING ARBITRATION OF DISPUTES.— danger of the serious danger if such individ- coordination with the Department of State) ‘‘(A) WAIVER OF RIGHTS AND REMEDIES.— and collaborative research and development uals can reasonably be identified. The rights and remedies provided for in this ‘‘(b) PENALTY.— agreements with foreign governments.’’. subsection may not be waived by any agree- ‘‘(1) IN GENERAL.—Whoever knowingly vio- (b) TITLE 23 AMENDMENT.—Section 403 of ment, policy form, or condition of employ- lates subsection (a) shall be fined under this title 23, United States Code, is amended— ment, including by a predispute arbitration title, imprisoned for not more than 5 years, (1) in subsection (b)(2)(C), by inserting agreement. or both. ‘‘foreign government (in coordination with ‘‘(B) PREDISPUTE ARBITRATION AGREE- ‘‘(2) PROHIBITION OF PAYMENT BY BUSINESS the Department of State),’’ after ‘‘institu- MENTS.—No predispute arbitration agree- ENTITIES.—If a final judgment is rendered tion,’’; and and a fine is imposed on an individual under ment shall be valid or enforceable, if the (2) in subsection (c)(1)(A), by inserting this subsection, the fine may not be paid, di- agreement requires arbitration of a dispute ‘‘foreign governments,’’ after ‘‘local govern- rectly or indirectly, out of the assets of any arising under this subsection. ments,’’. business entity on behalf of the individual. ‘‘§ 2083. Relationship to existing law SEC. 204. IMMINENT HAZARD AUTHORITY. ‘‘(c) CIVIL ACTION TO PROTECT AGAINST RE- Section 30118(b) is amended— ‘‘(a) RIGHTS TO INTERVENE.—Nothing in TALIATION.— (1) in paragraph (1), by striking ‘‘(1) The this chapter shall be construed to limit the ‘‘(1) PROHIBITION.—It shall be unlawful to Secretary may’’ and inserting ‘‘(1) IN GEN- right of any individual or group of individ- knowingly discriminate against any person ERAL.—Except as provided under paragraph uals to initiate, intervene in, or otherwise in the terms or conditions of employment, in (3), the Secretary may’’; participate in any proceeding before a regu- retention in employment, or in hiring be- (2) in paragraph (2), by inserting ‘‘OR- latory agency or court, nor to relieve any cause the person informed a Federal agency, DERS.—’’ before ‘‘If the Secretary’’; and regulatory agency, court, or other public warned employees, or informed other indi- (3) by adding after paragraph (2) the fol- body of any obligation, or affect its discre- viduals of a serious danger associated with a lowing: tion to permit intervention or participation covered product, covered service, or business ‘‘(3) IMMINENT HAZARDS.— by an individual or a group or class of con- practice, as required under this section. ‘‘(A) DECISIONS AND ORDERS.—If the Sec- sumers, employees, or citizens in any pro- ‘‘(2) ENFORCEMENT ACTION.— retary makes an initial decision that a de- ceeding or activity. ‘‘(A) IN GENERAL.—A person who alleges fect or noncompliance, or combination of discharge or other discrimination by any ‘‘(b) RULE OF CONSTRUCTION.—Nothing in both, under subsection (a) presents an immi- person in violation of paragraph (1) may seek this chapter shall be construed to— nent hazard, the Secretary— relief under paragraph (3), by— ‘‘(1) increase the time period for informing ‘‘(i) shall notify the manufacturer of a ‘‘(i) filing a complaint with the Secretary of a serious danger or other harm under any motor vehicle or replacement equipment im- of Labor; or other provision of law; or mediately under subsection (a); and ‘‘(ii) if the Secretary has not issued a final ‘‘(2) limit or otherwise reduce the penalties ‘‘(ii) shall order the manufacturer of the decision within 180 days of the filing of the for any violation of Federal or State law motor vehicle or replacement equipment to complaint and there is no showing that such under any other provision of law.’’. immediately— delay is due to the bad faith of the claimant, (2) TECHNICAL AND CONFORMING AMEND- ‘‘(I) give notification under section 30119 of bringing an action at law or equity for de MENT.—The table of chapters for part I of this title to the owners, purchasers, and novo review in the appropriate district court title 18, United States Code, is amended by dealers of the vehicle or equipment of the of the United States, which shall have juris- inserting after the item relating to chapter imminent hazard; and diction over such an action without regard 101 the following: ‘‘(II) remedy the defect or noncompliance to the amount in controversy. ‘‘101A. Reporting standards...... 2081’’. under section 30120 of this title;

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The Sec- quisition of the manufacturer’s stock, the ‘‘(iv) may include in an order under this retary shall complete the rulemaking and acquisition of all or substantially all of the subparagraph any other terms or conditions issue a final rule not later than 2 years after manufacturer’s assets or a discrete product that the Secretary determines necessary to the date the rulemaking is initiated. line, or confirmation of any plan of reorga- abate the imminent hazard. (2) REPORT.—If the Secretary determines nization under section 1129 of title 11.’’. ‘‘(B) OPPORTUNITY FOR ADMINISTRATIVE RE- that the standard described in subsection (a) SEC. 402. DEALER REQUIREMENT TO CHECK FOR VIEW.—Subsequent to the issuance of an does not meet the requirements and consid- AND REMEDY RECALL. order under subparagraph (A), opportunity erations set forth in subsections (a) and (b) Section 30120(f) is amended to read as fol- for administrative review shall be provided of section 30111 of title 49, United States lows: in accordance with section 554 of title 5, ex- Code, the Secretary shall submit a report de- ‘‘(f) DEALERS.— cept that such review shall occur not later scribing the reasons for not prescribing such ‘‘(1) FAIR REIMBURSEMENT TO DEALERS.—A than 10 days after issuance of such order. a standard to— manufacturer shall pay fair reimbursement ‘‘(C) DEFINITION OF IMMINENT HAZARD.—In (A) the Committee on Commerce, Science, to a dealer providing a remedy without this paragraph, the term ‘imminent hazard’ and Transportation of the Senate; and charge under this section. means any condition which substantially in- (B) the Committee on Energy and Com- ‘‘(2) REQUIREMENTS.—Each time a defective creases the likelihood of serious injury or merce of the House of Representatives. or noncomplying motor vehicle is presented death if not remedied immediately.’’. SEC. 207. COLLISION AVOIDANCE TECH- to a dealer by the owner of that motor vehi- SEC. 205. USED PASSENGER MOTOR VEHICLE NOLOGIES. cle for any service on that motor vehicle, the CONSUMER PROTECTION. (a) IN GENERAL.—Not later than 2 years dealer shall— (a) IN GENERAL.—Section 30120 is amended after the date of enactment of this Act, the ‘‘(A) inform the owner of the defect or non- by adding at the end the following: Secretary shall initiate a rulemaking to es- compliance; and ‘‘(k) LIMITATION ON SALE OR LEASE OF USED tablish a Federal motor vehicle safety stand- ‘‘(B) with consent from the owner, remedy PASSENGER MOTOR VEHICLES.—(1) A dealer ard requiring a motor vehicle with a gross the defect or noncompliance without charge may not sell or lease a used passenger motor vehicle weight rating greater than 26,000 under this section.’’. vehicle until any defect or noncompliance pounds be equipped with crash avoidance and SEC. 403. APPLICATION OF REMEDIES FOR DE- determined under section 30118 with respect mitigation systems, such as forward colli- FECTS AND NONCOMPLIANCE. to the vehicle has been remedied. sion automatic braking systems and lane de- Section 30120(g)(1) is amended by striking ‘‘(2) Paragraph (1) shall not apply if— parture warning systems. ‘‘the motor vehicle or replacement equip- ‘‘(A) the recall information regarding a (b) PERFORMANCE AND STANDARDS.—The ment was bought by the first purchaser more used passenger motor vehicle was not acces- regulations prescribed under subsection (a) than 10 calendar years, or’’. shall establish performance requirements sible at the time of sale or lease using the and standards to prevent collisions with SEC. 404. DIRECT VEHICLE NOTIFICATION OF RE- means established by the Secretary under CALLS. moving vehicles, stopped vehicles, pedes- section 31301 of the Moving Ahead for (a) RULEMAKING.—Not later than 1 year trians, cyclists, and other road users. Progress in the 21st Century Act (49 U.S.C. after the date of enactment of this Act, the (c) EFFECTIVE DATE.—The regulations pre- 30166 note); or scribed by the Secretary under this section Secretary shall initiate a rulemaking for a ‘‘(B) notification of the defect or non- shall take effect 2 years after the date of regulation to require a warning system in compliance is required under section publication of the final rule. each new motor vehicle to indicate to the op- 30118(b), but enforcement of the order is set erator in a conspicuous manner when the ve- SEC. 208. MOTOR VEHICLE PEDESTRIAN PROTEC- aside in a civil action to which 30121(d) ap- TION. hicle is subject to an open recall. plies. Not later than 2 years after the date of the (b) FINAL RULE.—The Secretary shall pre- ‘‘(3) Notwithstanding section 30102(a)(1), in enactment of this Act, the Secretary, scribe final standards not later than 3 years this subsection— through the Administrator of the National after the date of enactment of this Act. ‘‘(A) the term ‘dealer’ means a person that Highway Traffic Safety Administration, SEC. 405. STATE NOTIFICATION OF OPEN SAFETY has sold at least 10 motor vehicles to 1 or shall issue a final rule that— RECALLS. more consumers during the most recent 12- (1) establishes standards for the hood and (a) GRANT PROGRAM.—Not later than 2 month period; and bumper areas of motor vehicles, including years after the date of enactment of this ‘‘(B) the term ‘used passenger motor vehi- passenger cars, multipurpose passenger vehi- Act, the Secretary shall establish a grant cle’ means a motor vehicle that has pre- cles, trucks, and buses with a gross vehicle program for States to notify registered viously been purchased other than for resale. weight rating of 4,536 kilograms (10,000 motor vehicle owners of safety recalls issued ‘‘(4) By rule, the Secretary may exempt the pounds) or less, in order to reduce the num- by the manufacturers of those motor vehi- auctioning of a used passenger motor vehicle ber of injuries and fatalities suffered by pe- cles. from the requirements under paragraph (1) destrians who are struck by such vehicles; (b) ELIGIBILITY.—To be eligible for a grant, to the extent that the exemption does not and a State shall— harm public safety.’’. (2) considers the protection of vulnerable (1) submit an application in such form and (b) EFFECTIVE DATE.—The amendment pedestrian populations, including children manner as the Secretary prescribes; made by subsection (a) of this section shall and older adults. (2) agree that when a motor vehicle owner take effect on the date that is 18 months TITLE III—FUNDING registers the motor vehicle for use in that after the date of enactment of this Act. State, the State will— SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (A) search the recall database maintained SEC. 206. UNATTENDED CHILDREN WARNING SYS- Section 30104 is amended— TEM. by the National Highway Traffic Safety Ad- (1) by striking ‘‘$98,313,500’’; and (a) SAFETY RESEARCH INITIATIVE.—Not ministration using the motor vehicle identi- (2) by striking ‘‘this part in each fiscal later than 2 years after the date of enact- fication number; year beginning in fiscal year 1999 and ending ment of this Act, the Secretary shall com- (B) determine all safety recalls issued by in fiscal year 2001.’’ and inserting the fol- plete research into the development of per- the manufacturer of that motor vehicle that lowing: ‘‘this chapter and to carry out the formance requirements to warn a driver that have not been completed; and Motor Vehicle Safety Act of 2015— a child or other unattended passenger re- (C) notify the motor vehicle owner of the ‘‘(1) $179,000,000 for fiscal year 2016; mains in a rear seating position after a vehi- safety recalls described in subparagraph (B); ‘‘(2) $187,055,000 for fiscal year 2017; cle motor is disengaged. and ‘‘(3) $195,659,530 for fiscal year 2018; (b) SPECIFICATIONS.—In completing the re- (3) provide such other information or noti- ‘‘(4) $204,268,549 for fiscal year 2019; search under subsection (a), the Secretary fication as the Secretary may require. ‘‘(5) $214,073,440 for fiscal year 2020; and shall consider performance requirements ‘‘(6) $223,920,818 for fiscal year 2021.’’. SEC. 406. RECALL COMPLETION PILOT GRANT that— PROGRAM. (1) sense weight, the presence of a buckled TITLE IV—RECALL PROCESS (a) IN GENERAL.—The Secretary shall con- seat belt, or other indications of the pres- IMPROVEMENTS duct a pilot program to evaluate the feasi- ence of a child or other passenger; and SEC. 401. RECALL OBLIGATIONS UNDER BANK- bility and effectiveness of a State process for (2) provide an alert to prevent RUPTCY. increasing the recall completion rate for hyperthermia and hypothermia that can re- Section 30120A is amended to read as fol- motor vehicles by requiring each owner or sult in death or severe injuries. lows: lessee of a motor vehicle to have repaired (c) RULEMAKING OR REPORT.— ‘‘§ 30120A. Recall obligations and bankruptcy any open recall on that motor vehicle. (1) RULEMAKING.—Not later than 1 year of a manufacturer (b) GRANTS.—To carry out this program, after the date that the research under sub- ‘‘Notwithstanding any provision of title 11, the Secretary shall make a grant to a State section (a) is complete, the Secretary shall United States Code, a manufacturer’s duty to be used to implement the pilot program

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Medora Musical to Theodore Roosevelt and manner as the Secretary prescribes; his life in the North Dakota Badlands; f (2) meet the requirements and provide no- Whereas the Burning Hills Amphitheater, tification of safety recalls to registered SUBMITTED RESOLUTIONS which is home to the Medora Musical and motor vehicle owners under the grant pro- overlooks the Little Missouri River Valley, gram described in section 405 of this Act; seats as many as 2,900 guests each night and (3) except as provided in subsection (d), SENATE RESOLUTION 219—DESIG- features the Burning Hills Singers, the Coal agree to require, as a condition of motor ve- NATING JULY 25, 2015, AS ‘‘NA- Diggers Band, and various comedy and vari- hicle registration, including renewal, that TIONAL DAY OF THE AMERICAN ety acts; the motor vehicle owner or lessee complete Whereas thousands of performers audition all remedies for defects and noncompliance COWBOY’’ to join the professional team of the Medora offered without charge by the manufacturer Mr. ENZI (for himself, Mr. BARRASSO, Musical and work alongside 300 annual em- or a dealer under section 30120 of title 49, Mr. CRAPO, Mr. RISCH, Ms. HEITKAMP, ployees representing 20 or more countries United States Code; and and more than 500 volunteers to create one Mr. INHOFE, Mr. TESTER, Mr. ROUNDS, (4) provide such other information or noti- of the finest attractions in North Dakota; Mr. LANKFORD, Mr. THUNE, and Mr. fication as the Secretary may require. Whereas each summer, the Medora Musical (d) EXCEPTION.—A State may exempt a HOEVEN) submitted the following reso- runs an impressive season with a 2 hour show motor vehicle owner or lessee from the re- lution; which was considered and every night for 94 consecutive days; quirement under subsection (c)(3) if— agreed to: Whereas the Theodore Roosevelt Medora (1) the recall occurred not earlier than 75 S. RES. 219 Foundation, established in 1986 by philan- days prior to the registration or renewal Whereas pioneering men and women, rec- thropist and entrepreneur Harold Schafer, date; has played a profound role in promoting (2) the manufacturer, through a local deal- ognized as ‘‘cowboys’’, helped to establish the American West; North Dakota tourism and bringing families ership, has not provided the motor vehicle of all generations together; owner or lessee with a reasonable oppor- Whereas the cowboy embodies honesty, integrity, courage, compassion, respect, a Whereas the city of Medora, North Dakota, tunity to complete any applicable safety re- home to the Medora Musical and gateway to call remedy due to a shortage of necessary strong work ethic, and patriotism; Whereas the cowboy spirit exemplifies the Theodore Roosevelt National Park, hosts parts or qualified labor; or more than 250,000 visitors each year, and (3) the motor vehicle owner or lessee states strength of character, sound family values, and good common sense; more than 600,000 tourists from around the that the owner or lessee has had no reason- world visit the park each year; able opportunity to complete all applicable Whereas the cowboy archetype transcends ethnicity, gender, geographic boundaries, Whereas the Theodore Roosevelt Medora safety recall remedies, in which case the Foundation, which has invested more than State may grant a temporary registration, of and political affiliations; Whereas the cowboy, who lives off the land $30,000,000 in Medora, North Dakota, raised not more than 90 days, during which time more than $36,000,000 in donations from more the motor vehicle owner or lessee shall com- and works to protect and enhance the environment, is an excellent steward of the land than 3,700 contributors to preserve the his- plete all applicable safety recall remedies for tory of Medora, North Dakota, and the val- which the necessary parts and qualified labor and its creatures; Whereas cowboy traditions have been a ues of President Theodore Roosevelt; are available. Whereas President Theodore Roosevelt, (e) AWARD.—In selecting an applicant for part of American culture for generations; Whereas the cowboy continues to be an im- following his time in the Badlands near award under this section, the Secretary shall Medora, North Dakota, likened the wondrous consider the State’s methodology for— portant part of the economy through the work of many thousands of ranchers across appeal of the Badlands to a one-of-a-kind (1) determining safety recalls on a motor beauty found nowhere else in the world; vehicle; the United States who contribute to the economic well-being of every State; Whereas President Theodore Roosevelt (2) informing the owner or lessee of a often said he would not have been President motor vehicle of the safety recalls; Whereas millions of fans watch professional and working ranch rodeo events annu- had it not been for his experiences in North (3) requiring the owner or lessee of a motor Dakota, and many of those experiences are vehicle to repair any safety recall prior to ally, making rodeo one of the most-watched sports in the United States; preserved today through the Medora Musi- issuing any registration, approval, docu- cal, Theodore Roosevelt National Park, and ment, or certificate related to a motor vehi- Whereas membership and participation in rodeo and other organizations that promote the Theodore Roosevelt Medora Foundation; cle registration renewal; and and (4) determining performance in increasing and encompass the livelihood of cowboys span every generation and transcend race Whereas, on July 1, 2015, the Medora Musi- the safety recall completion rate. cal celebrates its 50th anniversary: Now, (f) PERFORMANCE PERIOD.—A grant awarded and gender; therefore, be it under this section shall require a perform- Whereas the cowboy is a central figure in Resolved, That the Senate— ance period for at least 2 years. literature, film, and music and occupies a (1) congratulates the Medora Musical on (g) REPORT.—Not later than 90 days after central place in the public imagination; the completion of the performance period Whereas the cowboy is an American icon; its 50th anniversary; under subsection (f) and the obligations and (2) recognizes the remarkable talents and under the pilot program, the grantee shall Whereas the ongoing contributions made achievements of the many cast and crew provide to the Secretary a report of perform- by cowboys and cowgirls to their commu- members and volunteers of the Medora Musi- ance containing such information as the Sec- nities should be recognized and encouraged: cal who embody the true spirit of the patri- retary considers necessary to evaluate the Now, therefore, be it otism and stewardship of the United States; extent to which safety recalls have been Resolved, That the Senate— and remedied. (1) designates July 25, 2015, as ‘‘National (3) acknowledges the contributions of the (h) EVALUATION.—Not later than 1 year Day of the American Cowboy’’; and Theodore Roosevelt Medora Foundation to after the date the Secretary receives the re- (2) encourages the people of the United preserving the life and legacy of President port under subsection (g), the Secretary States to observe the day with appropriate Theodore Roosevelt. shall evaluate the extent to which safety re- ceremonies and activities. f calls identified under subsection (c) have f been remedied. SENATE RESOLUTION 221—RECOG- SEC. 407. IMPROVEMENTS TO NOTIFICATION OF SENATE RESOLUTION 220—COM- NIZING THE 100TH ANNIVERSARY DEFECT OR NONCOMPLIANCE. MEMORATING THE 50TH ANNI- OF ROCKY MOUNTAIN NATIONAL (a) IMPROVEMENTS TO NOTIFICATION.— VERSARY OF THE MEDORA MU- (1) IN GENERAL.—Not later than 270 days PARK SICAL after the date of enactment of this Act, the Mr. GARDNER (for himself, Mr. BEN- Secretary shall prescribe a final rule revis- Ms. HEITKAMP (for herself and Mr. NET, and Ms. CANTWELL) submitted the ing the regulations under section 577.7 of HOEVEN) submitted the following reso- following resolution; which was consid- title 49, Code of Federal Regulations, to in- lution; which was considered and ered and agreed to: clude notification by electronic means in ad- agreed to: dition to notification by first class mail. S. RES. 221 (2) DEFINITION OF ELECTRONIC MEANS.—In S. RES. 220 Whereas in 1909, reflecting on the beauty of this subsection, the term ‘‘electronic means’’ Whereas the Medora Musical, a nationally what would become Rocky Mountain Na- includes electronic mail and may include renowned musical production of Western tional Park, park promoter, Enos Mills such other means of electronic notification, American patriotism, held its first produc- wrote, ‘‘In years to come when I am asleep

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beneath the pines, thousands of families will and Mrs. MURRAY) to the bill S. 1177, supra; mitted an amendment intended to be pro- find rest and hope in this park’’; which was ordered to lie on the table. posed to amendment SA 2089 submitted by Whereas on January 26, 1915, President SA 2181. Mr. MCCAIN submitted an amend- Mr. ALEXANDER (for himself and Mrs. MUR- Woodrow Wilson signed into law the Act ment intended to be proposed to amendment RAY) to the bill S. 1177, supra; which was or- commonly known as the ‘‘Rocky Mountain SA 2089 submitted by Mr. ALEXANDER (for dered to lie on the table. National Park Act’’ (38 Stat. 798, chapter 19), himself and Mrs. MURRAY) to the bill S. 1177, SA 2196. Mrs. BOXER submitted an amend- which gave that land the special designation supra; which was ordered to lie on the table. ment intended to be proposed by her to the of a national park and preserved the land for SA 2182. Ms. AYOTTE submitted an bill S. 1177, supra; which was ordered to lie the enjoyment of all people of the United amendment intended to be proposed to on the table. States; amendment SA 2089 submitted by Mr. ALEX- SA 2197. Mrs. GILLIBRAND submitted an Whereas 2015 marks the 100th anniversary ANDER (for himself and Mrs. MURRAY) to the amendment intended to be proposed to of the establishment of Rocky Mountain Na- bill S. 1177, supra; which was ordered to lie amendment SA 2089 submitted by Mr. ALEX- tional Park; on the table. ANDER (for himself and Mrs. MURRAY) to the Whereas Rocky Mountain National Park is SA 2183. Mr. SCHATZ submitted an amend- bill S. 1177, supra; which was ordered to lie not only a State treasure, but a national ment intended to be proposed to amendment on the table. SA 2198. Mr. LEE submitted an amendment treasure that attracts more than 3,000,000 SA 2089 submitted by Mr. ALEXANDER (for intended to be proposed to amendment SA visitors each year, and benefits national, himself and Mrs. MURRAY) to the bill S. 1177, 2089 submitted by Mr. ALEXANDER (for him- State, and local economies by generating supra; which was ordered to lie on the table. self and Mrs. MURRAY) to the bill S. 1177, millions of dollars in revenue; SA 2184. Mr. SCHATZ submitted an amend- supra; which was ordered to lie on the table. Whereas Rocky Mountain National Park ment intended to be proposed to amendment SA 2199. Mr. GRAHAM submitted an provides visitors with unparalleled opportu- SA 2089 submitted by Mr. ALEXANDER (for amendment intended to be proposed to nities to experience hundreds of miles of hik- himself and Mrs. MURRAY) to the bill S. 1177, amendment SA 2089 submitted by Mr. ALEX- ing trails, nearly 150 lakes, and scenic vistas supra; which was ordered to lie on the table. ANDER (for himself and Mrs. MURRAY) to the including tundra and montane ecosystems; SA 2185. Mr. WHITEHOUSE submitted an bill S. 1177, supra; which was ordered to lie Whereas on March 30, 2009, 95 percent of amendment intended to be proposed to amendment SA 2089 submitted by Mr. ALEX- on the table. Rocky Mountain National Park was des- SA 2200. Mr. BENNET submitted an ignated as wilderness and the park show- ANDER (for himself and Mrs. MURRAY) to the bill S. 1177, supra; which was ordered to lie amendment intended to be proposed to cases the diverse natural beauty of these amendment SA 2089 submitted by Mr. ALEX- rugged mountains; on the table. SA 2186. Mr. MURPHY submitted an ANDER (for himself and Mrs. MURRAY) to the Whereas Rocky Mountain National Park bill S. 1177, supra; which was ordered to lie has an average altitude higher than any amendment intended to be proposed to amendment SA 2089 submitted by Mr. ALEX- on the table. other national park in the United States, SA 2201. Mr. ALEXANDER submitted an ANDER (for himself and Mrs. MURRAY) to the with dozens of mountains higher than 12,000 amendment intended to be proposed to bill S. 1177, supra; which was ordered to lie feet in elevation, including Longs Peak, amendment SA 2089 submitted by Mr. ALEX- which stands at a massive 14,259 feet; on the table. SA 2187. Mr. FRANKEN (for himself and ANDER (for himself and Mrs. MURRAY) to the Whereas Rocky Mountain National Park bill S. 1177, supra; which was ordered to lie remains an iconic Colorado landscape with Mr. CASSIDY) submitted an amendment intended to be proposed to amendment SA 2089 on the table. significant cultural connections to Native SA 2202. Mr. CRUZ submitted an amend- submitted by Mr. ALEXANDER (for himself Americans; ment intended to be proposed to amendment and Mrs. MURRAY) to the bill S. 1177, supra; Whereas Rocky Mountain National Park SA 2089 submitted by Mr. ALEXANDER (for which was ordered to lie on the table. protects 415 square miles of diverse eco- himself and Mrs. MURRAY) to the bill S. 1177, SA 2188. Ms. BALDWIN (for herself and Mr. systems and is home to a wide array of wild- supra; which was ordered to lie on the table. WHITEHOUSE) submitted an amendment in- life, including bighorn sheep, bears, beavers, SA 2203. Mr. MERKLEY submitted an tended to be proposed to amendment SA 2089 marmots, moose, mountain lions, and elk; amendment intended to be proposed to submitted by Mr. ALEXANDER (for himself Whereas the National Park Service will amendment SA 2089 submitted by Mr. ALEX- and Mrs. MURRAY) to the bill S. 1177, supra; continue the long tradition of preserving and ANDER (for himself and Mrs. MURRAY) to the which was ordered to lie on the table. protecting Rocky Mountain National Park bill S. 1177, supra; which was ordered to lie SA 2189. Ms. BALDWIN (for herself and Mr. for years to come, providing access to the on the table. WHITEHOUSE) submitted an amendment in- wilderness and wildlife within Rocky Moun- SA 2204. Ms. HIRONO submitted an amend- tended to be proposed to amendment SA 2089 tain National Park for generations of Ameri- ment intended to be proposed by her to the submitted by Mr. ALEXANDER (for himself cans; and bill S. 1177, supra; which was ordered to lie and Mrs. MURRAY) to the bill S. 1177, supra; Whereas on September 4, 2015, the National on the table. which was ordered to lie on the table. Park Service intends to re-dedicate Rocky SA 2205. Ms. HIRONO submitted an amend- SA 2190. Ms. BALDWIN (for herself and Mr. Mountain National Park for the next 100 ment intended to be proposed by her to the WHITEHOUSE) submitted an amendment in- years; bill S. 1177, supra; which was ordered to lie tended to be proposed to amendment SA 2089 Now, therefore, be it on the table. submitted by Mr. ALEXANDER (for himself Resolved, That the Senate- SA 2206. Mr. THUNE (for himself and Mrs. and Mrs. MURRAY) to the bill S. 1177, supra; (1) congratulates and celebrates Rocky FISCHER) submitted an amendment intended which was ordered to lie on the table. Mountain National Park on the 100th anni- to be proposed to amendment SA 2089 sub- SA 2191. Mr. BOOKER (for himself and Mr. versary of the establishment of the park; mitted by Mr. ALEXANDER (for himself and BENNET) submitted an amendment intended (2) encourages all people of Colorado and of Mrs. MURRAY) to the bill S. 1177, supra; to be proposed to amendment SA 2089 sub- the United States to visit that unique na- which was ordered to lie on the table. mitted by Mr. ALEXANDER (for himself and tional treasure; and SA 2207. Ms. MIKULSKI submitted an Mrs. MURRAY) to the bill S. 1177, supra; (3) declares September 4, 2015, as Rocky amendment intended to be proposed to which was ordered to lie on the table. Mountain National Park Day. amendment SA 2089 submitted by Mr. ALEX- SA 2192. Mrs. BOXER (for herself, Mr. ANDER (for himself and Mrs. MURRAY) to the f BLUMENTHAL, Mr. BROWN, Mr. MARKEY, Mr. bill S. 1177, supra; which was ordered to lie AMENDMENTS SUBMITTED AND MERKLEY, Mr. NELSON, Mr. SCHUMER, and Mr. on the table. PROPOSED WYDEN) submitted an amendment intended SA 2208. Mr. BENNET submitted an to be proposed to amendment SA 2089 sub- amendment intended to be proposed to SA 2178. Mr. COONS (for himself, Mr. mitted by Mr. ALEXANDER (for himself and amendment SA 2089 submitted by Mr. ALEX- BLUNT, and Mr. REED) submitted an amend- Mrs. MURRAY) to the bill S. 1177, supra; ANDER (for himself and Mrs. MURRAY) to the ment intended to be proposed to amendment which was ordered to lie on the table. bill S. 1177, supra; which was ordered to lie SA 2089 submitted by Mr. ALEXANDER (for SA 2193. Mrs. BOXER (for herself, Mr. on the table. himself and Mrs. MURRAY) to the bill S. 1177, BLUMENTHAL, Mr. BROWN, Mr. MARKEY, and SA 2209. Mr. BENNET submitted an to reauthorize the Elementary and Sec- Mr. DURBIN) submitted an amendment in- amendment intended to be proposed to ondary Education Act of 1965 to ensure that tended to be proposed to amendment SA 2089 amendment SA 2089 submitted by Mr. ALEX- every child achieves; which was ordered to submitted by Mr. ALEXANDER (for himself ANDER (for himself and Mrs. MURRAY) to the lie on the table. and Mrs. MURRAY) to the bill S. 1177, supra; bill S. 1177, supra; which was ordered to lie SA 2179. Mr. CRAPO submitted an amend- which was ordered to lie on the table. on the table. ment intended to be proposed to amendment SA 2194. Mr. ISAKSON (for himself and Ms. SA 2210. Mr. BENNET submitted an SA 2089 submitted by Mr. ALEXANDER (for AYOTTE) submitted an amendment intended amendment intended to be proposed to himself and Mrs. MURRAY) to the bill S. 1177, to be proposed to amendment SA 2089 sub- amendment SA 2089 submitted by Mr. ALEX- supra; which was ordered to lie on the table. mitted by Mr. ALEXANDER (for himself and ANDER (for himself and Mrs. MURRAY) to the SA 2180. Mr. CRUZ (for himself, Mr. LEE, Mrs. MURRAY) to the bill S. 1177, supra; bill S. 1177, supra; which was ordered to lie and Mr. CRAPO) submitted an amendment in- which was ordered to lie on the table. on the table. tended to be proposed to amendment SA 2089 SA 2195. Mr. BLUNT (for himself, Mr. SA 2211. Mr. BENNET submitted an submitted by Mr. ALEXANDER (for himself CARDIN, Ms. MIKULSKI, and Ms. COLLINS) sub- amendment intended to be proposed to

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amendment SA 2089 submitted by Mr. ALEX- struction, or allocation of State or local re- ployee of the United States to’’ and inserting ANDER (for himself and Mrs. MURRAY) to the sources; ‘‘A department, agency, officer, or employee bill S. 1177, supra; which was ordered to lie ‘‘(B) mandate a State or any subdivision of the United States shall not’’; on the table. thereof to spend any funds or incur any costs (2) by inserting ‘‘(including the develop- SA 2212. Mr. BOOKER (for himself and Mr. not paid for under this Act; ment of curriculum)’’ after ‘‘over the cur- BENNET) submitted an amendment intended ‘‘(C) incentivize a State, local educational riculum’’; and to be proposed to amendment SA 2089 sub- agency, or school to adopt any specific aca- (3) by striking ‘‘to’’ after ‘‘institution or mitted by Mr. ALEXANDER (for himself and demic standards or a specific curriculum or school system, or’’. Mrs. MURRAY) to the bill S. 1177, supra; program of instruction, which shall include SEC. 10304. PROHIBITION IN RACE TO THE TOP which was ordered to lie on the table. providing any priority, preference, or special FUNDING. SA 2213. Mr. VITTER submitted an amend- consideration during an application process Title XIV of Division A of the American ment intended to be proposed to amendment based on any specific academic standards, Recovery and Reinvestment Act of 2009 (Pub- SA 2089 submitted by Mr. ALEXANDER (for curriculum, or program of instruction; lic Law 111–5) is amended by inserting after himself and Mrs. MURRAY) to the bill S. 1177, ‘‘(D) make financial support available in a section 14007 the following: supra; which was ordered to lie on the table. manner that is conditioned upon a State, ‘‘SEC. 14007A. PROHIBITION ON ASSESSMENTS. SA 2214. Mr. MCCONNELL (for Mrs. FISCH- local educational agency, or school’s adop- ‘‘Notwithstanding any other provision of ER (for herself and Mr . NELSON)) proposed an tion of specific instructional content, aca- law, no funds provided under section 14006 of amendment to the bill S. 1359, to allow man- demic standards, or curriculum, or on the the American Recovery and Reinvestment ufacturers to meet warranty and labeling re- administration of assessments or tests, even Act of 2009 (Public Law 111–5, 123 Stat. 283) quirements for consumer products by dis- if such requirements are specified in this shall be used to develop, pilot test, field test, playing the terms of warranties on Internet Act; or implement, administer, or distribute any as- websites, and for other purposes. ‘‘(E) mandate or require States to admin- sessment or testing materials.’’. f ister assessments or tests to students. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in SA 2180. Mr. CRUZ (for himself, Mr. TEXT OF AMENDMENTS this Act shall be construed to authorize an LEE, and Mr. CRAPO) submitted an SA 2178. Mr. COONS (for himself, Mr. officer or employee of the Federal Govern- amendment intended to be proposed to ment directly or indirectly, whether through BLUNT, and Mr. REED) submitted an grants, contracts, or other cooperative amendment SA 2089 submitted by Mr. amendment intended to be proposed to agreements under this Act (including waiv- ALEXANDER (for himself and Mrs. MUR- amendment SA 2089 submitted by Mr. ers under section 9401), to do any activity RAY) to the bill S. 1177, to reauthorize ALEXANDER (for himself and Mrs. MUR- prohibited under subsection (a).’’; the Elementary and Secondary Edu- RAY) to the bill S. 1177, to reauthorize (2) by redesignating subsection (c) as sub- cation Act of 1965 to ensure that every the Elementary and Secondary Edu- section (a); and child achieves; which was ordered to lie cation Act of 1965 to ensure that every (3) by adding at the end the following: on the table; as follows: child achieves; which was ordered to lie ‘‘(b) PROHIBITION ON ASSESSMENTS IN TITLE I.—Part A of title I shall be carried out with- On page 28, between lines 6 and 7, insert on the table; as follows: out regard to any requirement that a State the following: On page 170, strike lines 20 through 25, and carry out academic assessments or that local ‘‘(vi) include in the plan a description of insert the following: educational agencies, elementary schools, assessments referred to in paragraph (2), or ‘‘(A) IN GENERAL.—Each local educational and secondary schools make adequate yearly an accountability system referred to in para- agency shall reserve at least 1 percent of its progress.’’. graph (3), of subsection (b), nor may the Sec- allocation under subpart 2 to assist schools (b) PROHIBITION ON WAIVER CONDITIONS, RE- retary require inclusion of a description of to carry out the activities described in this QUIREMENTS, OR PREFERENCES.—Section 9401 such assessments or system in a plan or ap- section, except that this subparagraph shall (20 U.S.C. 7861), as amended by section 9105, plication, or use inclusion of such assess- not apply if 1 percent of such agency’s allo- is further amended by striking subsection (h) ments or system as a factor in awarding Fed- cation under subpart 2 for the fiscal year for and inserting the following: eral funding, under any other provision of which the determination is made is $5,000 or ‘‘(h) PROHIBITION ON WAIVER CONDITIONS.— this Act; or less. Nothing in this subparagraph shall be ‘‘(1) IN GENERAL.—The Secretary shall not On page 28, line 7, strike ‘‘(vi)’’ and insert construed to limit local educational agencies establish as a condition for granting a waiv- ‘‘(vii)’’. from reserving more than the 1 percent of its er under this section— On page 36, strike line 18 and all that fol- allocation under subpart 2 to assist schools ‘‘(A) the approval of academic standards by lows through line 25 on page 58, and insert to carry out activities described in this sec- the Federal government; or the following: tion.’’; ‘‘(B) the administration of assessments or ‘‘(2) ASSESSMENTS.—A State may include in tests to students. the State plan a description of, and may im- SA 2179. Mr. CRAPO submitted an ‘‘(2) EFFECT ON PREVIOUSLY ISSUED WAIV- plement, a set of high-quality statewide aca- amendment intended to be proposed to ERS.— demic assessments. amendment SA 2089 submitted by Mr. ‘‘(A) IN GENERAL.—Any requirement de- ‘‘(3) ACCOUNTABILITY.—A State may include scribed in paragraph (1) that was required for in the State plan a description of, and may ALEXANDER (for himself and Mrs. MUR- a waiver provided to a State, local edu- implement, an accountability system. RAY) to the bill S. 1177, to reauthorize cational agency, Indian tribe, or school On page 146, strike line 1 and all that fol- the Elementary and Secondary Edu- under this section before the date of enact- lows through line 23, on page 166. cation Act of 1965 to ensure that every ment of the Local Leadership in Education On page 183, between lines 6 and 7, insert child achieves; which was ordered to lie Act shall be void and have no force of law. the following on the table; as follows: ‘‘(B) PROHIBITED ACTIONS.—The Secretary SEC. 1008A. STATE-DETERMINED ASSESSMENTS AND ACCOUNTABILITY. At the end of the bill, add the following: shall not— ‘‘(i) enforce any requirement that is void After section 1118, as redesignated by sec- PART C—LOCAL LEADERSHIP IN pursuant to subparagraph (A); and tion 1004(3), insert the following: EDUCATION ‘‘(ii) require the State, local educational ‘‘SEC. 1119. STATE-DETERMINED ASSESSMENTS SEC. 10301. SHORT TITLE. agency, Indian tribe, or school to reapply for AND ACCOUNTABILITY. This part may be cited as the ‘‘Local Lead- a waiver, or to agree to any other condition ‘‘Notwithstanding any other provision of ership in Education Act’’. to replace any requirement that is void pur- law, including any other provision of this SEC. 10302. PROHIBITIONS IN THE ELEMENTARY suant to subparagraph (A), until the end of Act, wherever in this Act a reference is made AND SECONDARY EDUCATION ACT. the period of time specified under the waiv- to assessments or accountability under this (a) GENERAL PROHIBITIONS.—Section 9527 of er. part, including a reference to a provision the Elementary and Secondary Education ‘‘(C) NO EFFECT ON OTHER PROVISIONS.—Any under paragraphs (2) or (3) of section Act of 1965 (20 U.S.C. 7907), as amended by other provisions or requirements of a waiver 1111(b)— section 9110, is further amended— provided under this section before the date of ‘‘(1) in the case of a State that elects to (1) by striking subsections (a) and (b) and enactment of the Local Leadership in Edu- implement assessments referred to in section inserting the following: cation Act that are not affected by subpara- 1111(b)(2), a reference to assessments under ‘‘(a) GENERAL PROHIBITIONS.— graph (A) shall remain in effect for the pe- this part shall be deemed to be a reference to ‘‘(1) IN GENERAL.—An officer or employee of riod of time specified under the waiver.’’. those assessments and shall be carried out to the Federal Government shall not directly or SEC. 10303. PROHIBITION IN THE GENERAL EDU- the extent practicable based on the State-de- indirectly, through grants, contracts, or CATION PROVISIONS ACT. termined assessments; other cooperative agreements under this Act Section 438 of the General Education Pro- ‘‘(2) in the case of a State that elects to (including waivers under section 9401)— visions Act (20 U.S.C. 1232a) is amended— implement an accountability system re- ‘‘(A) mandate, direct, or control a State, (1) by striking ‘‘No provision of any appli- ferred to in section 1111(b)(3), a reference to local educational agency, or school’s aca- cable program shall be construed to author- accountability under this part shall be demic standards, curriculum, program of in- ize any department, agency, officer, or em- deemed to be a reference to accountability

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.049 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4965 under that system, and shall be carried out ‘‘SEC. 1206. DEMONSTRATION OF NATIVE AMER- that receives a local flexibility agreement to the extent practicable based on the State- ICAN LANGUAGE MEDIUM EDU- under this part. determined accountability system; and CATION. ‘‘(2) ELIGIBLE STATE EDUCATIONAL AGEN- ‘‘(3) in the case of any State not described ‘‘(a) PURPOSE.—The purpose of this section CY.—The term ‘eligible State educational in paragraph (1) or (2), the reference shall is to demonstrate coordinated best practice agency’ means a State educational agency have no effect.’’. in carrying out the educational purposes and that has adopted policies or procedures that On page 185, strike line 19 and all that fol- provisions of the Native American Lan- allow the development, consideration, and lows through line 2 on page 228 and insert the guages Act (25 U.S.C. 2901) in a variety of ex- approval of innovation school plans, con- following: isting schools taught predominantly through sistent with the provisions of this part. the medium of Native American languages ‘‘(3) INNOVATION SCHOOL.—The term ‘inno- SEC. 1012. REPEAL. located on or near lands controlled by a Na- vation school’ means a public school that— Part B of title I (20 U.S.C. 6361 et seq.) is tive American entity. ‘‘(A) is established for the purpose of gen- repealed. ‘‘(b) AWARDING OF PROJECT.—The Secretary erating enhanced opportunities for students shall award a grant to carry out a dem- to learn and achieve through increased edu- SA 2181. Mr. MCCAIN submitted an onstration project under this section to an cator and school-level professional auton- amendment intended to be proposed to entity that meets the criteria described in omy and flexibility; amendment SA 2089 submitted by Mr. subsection (c) and has the most experience in ‘‘(B) is a collaborative initiative enjoying ALEXANDER (for himself and Mrs. MUR- Native American language medium edu- strong buy-in, pursuant to subparagraphs (F) cation. RAY) to the bill S. 1177, to reauthorize and (G) of subsection (f)(1), from key stake- ‘‘(c) DEMONSTRATION PROJECT.—The dem- holders, including parents, education em- the Elementary and Secondary Edu- onstration project shall— ployees, and representatives of such employ- cation Act of 1965 to ensure that every ‘‘(1) include established schools or pro- ees, where applicable; child achieves; which was ordered to lie grams that have been in existence for not ‘‘(C) ensures equitable access for all stu- on the table; as follows: less than 10 years; dent populations; On page 70, line 3, strike the period and in- ‘‘(2) serve Alaska Natives, Native Hawai- ‘‘(D) operates with the same degree of sert the following: ‘‘; and ians, and American Indians, with at least 1 transparency and is held to the same ac- ‘‘(iii) use funds under this part to support example school or program from each of countability standards applicable to other efforts to expand and replicate successful these Native categories assisted under this schools in the school district served by the practices from high-performing charter section; local educational agency that serves the in- schools, magnet schools, and traditional pub- ‘‘(3) include example classes in preschool, novation school; and lic schools. elementary school, intermediate school, and ‘‘(E) is not a magnet school. high school; ‘‘(c) AUTHORITY.— SA 2182. Ms. AYOTTE submitted an ‘‘(4) include a diversity of program types ‘‘(1) IN GENERAL.—Except as provided in amendment intended to be proposed to located in a variety of school types, includ- paragraph (2), the Secretary is authorized to ing at least 1 example in each of a Bureau of allow eligible State educational agencies to amendment SA 2089 submitted by Mr. Indian Affairs school, a public school, a char- receive flexibility authority to provide local ALEXANDER (for himself and Mrs. MUR- ter school, and a private school; educational agencies with flexibility agree- RAY) to the bill S. 1177, to reauthorize ‘‘(5) be for a period of 3 years with an ex- ments if such eligible State educational the Elementary and Secondary Edu- tension for an additional 2 years at the dis- agencies— cation Act of 1965 to ensure that every cretion of the Secretary; ‘‘(A) demonstrate that flexibility agree- child achieves; which was ordered to lie ‘‘(6) be visited in whole or in part by the ments are necessary for the successful oper- on the table; as follows: Secretary and the Secretary of the Interior ation of innovation schools; and or their designees; ‘‘(B) provide a description of any State or On page 469, line 22, strike ‘‘as well as’’ and ‘‘(7) be lead and coordinated by an entity local rules, generally applicable to public insert ‘‘or encourage and develop skills that within a tribal, State, or private institution schools, that will be waived, or otherwise not contribute to’’. of higher education with a high level of expe- apply, to innovation schools. rience in serving the needs of Native Amer- ‘‘(2) EXCEPTION.—Flexibility authority and SA 2183. Mr. SCHATZ submitted an ican language medium education at a vari- flexibility agreements shall not be granted amendment intended to be proposed to ety of levels and circumstances on a State under paragraph (1) with respect to any pro- amendment SA 2089 submitted by Mr. and national level; and vision under part B of the Individuals with ALEXANDER (for himself and Mrs. MUR- ‘‘(8) provide opportunities for participation Disabilities Education Act, title VI of the RAY) to the bill S. 1177, to reauthorize of other tribal, State, and private institu- Civil Rights Act of 1964, or section 504 of the the Elementary and Secondary Edu- tions of higher education. Rehabilitation Act of 1973. ‘‘(d) WAIVERS.—The Secretary may further ‘‘(d) SELECTION OF LOCAL EDUCATIONAL cation Act of 1965 to ensure that every the purpose of this section by waiving provi- AGENCIES.—Each eligible State educational child achieves; which was ordered to lie sions of this Act that the Secretary deter- agency receiving flexibility authority under on the table; as follows: mines appropriate and not in conflict with subsection (c) shall, to the extent prac- On page 40, between lines 14 and 15, insert other Federal law. ticable and applicable, ensure that local the following: ‘‘(e) FUNDING.—The Secretary may fund flexibility agreements made with eligible en- ‘‘(IV) the inclusion of students in programs the demonstration project under this section tities— that use a Native American language, in- with unspent funds from other provisions of ‘‘(1) prioritize local educational agencies cluding American Indian, Native Hawaiian, this Act. that— and Alaska Native languages, as the pre- ‘‘(A) serve the largest numbers or percent- dominant medium language of instruction, SA 2185. Mr. WHITEHOUSE sub- ages of students from low-income families; including programs funded by the Bureau of mitted an amendment intended to be or Indian Education, who shall have the option proposed to amendment SA 2089 sub- ‘‘(B) will use the provided flexibility for innovative strategies in schools identified as to be assessed in a valid and reliable manner mitted by Mr. ALEXANDER (for himself in need of intervention and support under in the language of instruction and form most and Mrs. MURRAY) to the bill S. 1177, to likely to yield accurate data on what such section 1114; and reauthorize the Elementary and Sec- ‘‘(2) are geographically diverse, including students know and can do in academic con- ondary Education Act of 1965 to ensure tent areas, provided that these students are provided to local educational agencies serv- assessed in English in reading or language that every child achieves; which was ing urban, suburban, or rural areas. ‘‘(e) STATE APPLICATIONS AND REQUIRE- arts, even where such assessment is also ad- ordered to lie on the table; as follows: MENTS.— ministered in a Native American language; On page 630, between lines 4 and 5, insert ‘‘(1) IN GENERAL.—An eligible State edu- the following: cational agency desiring to receive flexi- SA 2184. Mr. SCHATZ submitted an ‘‘PART J—INNOVATION SCHOOLS bility authority under this part shall submit amendment intended to be proposed to DEMONSTRATION AUTHORITY an application to the Secretary at such time amendment SA 2089 submitted by Mr. ‘‘SEC. 5910. INNOVATION SCHOOLS. and in such manner as the Secretary may re- ALEXANDER (for himself and Mrs. MUR- ‘‘(a) PURPOSE.—The purpose of the flexi- quire. The application shall include the fol- RAY) to the bill S. 1177, to reauthorize bility authority under this part is to provide lowing: the Elementary and Secondary Edu- local educational agencies with the flexi- ‘‘(A) DESCRIPTION OF PROGRAM.—A descrip- cation Act of 1965 to ensure that every bility to create locally-designed innovation tion of the eligible State educational agency’s objectives in supporting innovation child achieves; which was ordered to lie schools in order to achieve increased autonomy and support for innovation schools. schools, and how the objectives of the pro- on the table; as follows: ‘‘(b) DEFINITIONS.—In this part: gram will be carried out, including— On page 228, between lines 2 and 3, insert ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(i) a description of how the State edu- the following: entity’ means a local educational agency cational agency will—

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.064 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4966 CONGRESSIONAL RECORD — SENATE July 9, 2015 ‘‘(I) support the success of innovation ‘‘(II) if applicable, reviewing the schools’ ‘‘(iii) the student engagement policies to schools; independent, annual audits of financial be implemented at the school; ‘‘(II) inform local educational agencies, statements conducted in accordance with ‘‘(iv) the school’s instruction and assess- communities, and schools of the opportunity generally accepted accounting principles, ment plan; for local flexibility agreements under this and ensuring any such audits are publically ‘‘(v) the school’s plan to use data, evalua- part; reported; and tion, and professional learning to improve ‘‘(III) work with eligible entities to ensure ‘‘(III) holding innovation schools account- student achievement; that innovation schools access all Federal, able to the academic, financial, and oper- ‘‘(vi) the proposed budget for the school; State, and local funds such schools are eligi- ational quality controls outlined in the inno- ‘‘(vii) the proposed staffing plan or staff ble to receive; vation plan, such as through renewal, non- compensation model for the school; and ‘‘(IV) work with eligible entities to ensure renewal, or revocation of the school’s inno- ‘‘(viii) the professional development needs that innovation schools receive waivers to vation plan; of leaders and staff to implement the pro- all Federal, State, and local laws necessary ‘‘(iv) the State educational agency will en- gram and how those needs will be addressed; to implement innovation schools’ innovation sure that, to the greatest extent possible, ‘‘(E) an identification of the improvements plans; State and local rules, generally applicable to in academic performance that the school ex- ‘‘(V) ensure each eligible entity works with public schools, will be waived, or otherwise pects to achieve in implementing the innova- innovation schools to ensure inclusion of all not apply, to the extent necessary, to inno- tions; students and promote retention of students vation plans at each innovation school; ‘‘(F) evidence that a majority of the ad- in the school; and ‘‘(v) eligible entities will ensure that each ministrators employed at the public school ‘‘(VI) share best and promising practices innovation school makes publicly available support the request for designation as an in- among innovation schools and other schools; information to help parents make informed novation school; ‘‘(ii) a description of how the State edu- decisions about the education options avail- ‘‘(G) evidence that not less than two-thirds cational agency will actively monitor each able to their children, including information of the regularly employed employees at the eligible entity in a local flexibility agree- on the educational program, student support school vote by secret ballot to approve the ment to hold innovation schools accountable services, and annual performance and enroll- school’s innovation school plan; to ensure a high-quality education, including ment data for students in the innovation ‘‘(H) evidence that the school has strong by approving, re-approving, and revoking the school; and parental support, demonstrated in a manner innovation plan and its attendant flexibility ‘‘(vi) the State educational agency con- determined appropriate by the State edu- based on the performance of the innovation sulted with local educational agencies, cational agency; school, in the areas of student achievement, schools, teachers, principals, other school ‘‘(I) a description of any regulatory or pol- student safety, financial management, and leaders, and parents in developing the State icy requirements that would need to be compliance with all applicable statutes; and application. waived for the public school to implement ‘‘(iii) a description of how the State edu- its identified innovations; and ‘‘(2) ADDITIONAL ELEMENTS.—The provisions cational agency will approve local flexibility of peer review, approval, determination, ‘‘(J) any additional information required agreements, including— demonstration, revision, disapproval, limita- by the local educational agency in which the ‘‘(I) a description of the application each tions, public review, and additional informa- innovation plan would be implemented; local educational agency desiring to enter ‘‘(2) a description of any rules or regulation applicable to State plans under para- into such a flexibility agreement will sub- tions that the local educational agency will graphs (3), (4), (5), (6), (7), and (8)(B) of sec- mit, which application shall include— waive in order to provide autonomy to the tion 1111(a) shall apply in the same manner ‘‘(aa) the school innovation plan; innovation schools and why waiving such to State applications submitted under this ‘‘(bb) a description of the roles and respon- regulations will benefit students; subsection. sibilities of local educational agencies and of ‘‘(3) a description of any State regulations any other organizations with which the local ‘‘(f) LOCAL EDUCATIONAL AGENCY APPLICA- that the local educational agency seeks to educational agency will partner to open in- TIONS AND REQUIREMENTS.—A local edu- waive in order to provide autonomy to inno- novation schools, including administrative cational agency that desires to enter into a vation schools, and why waiving such regula- and contractual roles and responsibilities; local flexibility agreement shall submit to tions will benefit students; and ‘‘(cc) a description of the quality controls the State educational agency such informa- ‘‘(4) a description of the process that the that will be used by the local educational tion that the State educational agency shall local educational agency will use to regu- agency, such as a contract or performance require, including— larly review the progress of innovation agreement that includes a school’s perform- ‘‘(1) the plans for all approved innovation schools, including student performance and ance in the State’s academic accountability schools to be served by the local educational performance in the State’s accountability system and impact on student achievement; agency, which shall include— system and decide whether to revoke or con- ‘‘(dd) a description of the planned activi- ‘‘(A) a statement of the innovations tinue the innovation school’s autonomy. ties to be carried out under the flexibility school’s mission and why designation as an ‘‘(g) TEACHER CERTIFICATION REQUIRE- agreement; and innovation school would enhance the MENTS.— ‘‘(ee) a description of waivers and other school’s ability to achieve its mission; ‘‘(1) IN GENERAL.—Notwithstanding any flexibility needed to implement the school ‘‘(B) a description of the innovations the other provision of this part, except as pro- innovation plan; and public school would implement, which may vided under paragraph (2), not more than 5 ‘‘(II) a description of how the State edu- include, innovations in school staffing, cur- percent of the teachers in an innovation cational agency will review applications riculum and assessment, class scheduling school granted flexibility under this part from local educational agencies. and size, use of financial and other resources, may be unlicensed or uncertified at any one ‘‘(B) STATE ASSURANCES.—Assurances from and faculty recruitment, employment, eval- time. Such unlicensed or uncertified teach- the State educational agency that— uation, compensation, and extracurricular ers shall become licensed or certified within ‘‘(i) each eligible entity will ensure that activities; 3 years of being hired. innovation schools have a high degree of au- ‘‘(C) if the innovation school seeks to es- ‘‘(2) STATE REQUIREMENTS.—Innovation tonomy over budget and operations; tablish an advisory board, a description of— schools located in a State with a more le- ‘‘(ii) the State educational agency— ‘‘(i) the membership of the board (which nient teacher license or certification re- ‘‘(I) and each eligible entity entering into may include representatives of teachers, par- quirement than the requirement described in a local flexibility agreement under this sec- ents, students, the local educational agency, paragraph (1) may hire teachers in accord- tion will ensure that each innovation school the State educational agency, the business ance with State teacher license or certifi- that receives funds under the entity’s pro- community, institutions of higher education, cation requirements. gram is meeting the requirements of this or other community representatives); ‘‘(h) REPORTING REQUIREMENTS AND AS- Act, , part B of the Individuals with Disabil- ‘‘(ii) its responsibilities in designing and SESSMENTS.— ities Education Act, title VI of the Civil furthering the mission of the innovation ‘‘(1) REPORTING.—Each eligible State edu- Rights Act of 1964, and section 504 of the Re- school; and cational agency receiving the flexibility au- habilitation Act of 1973; and ‘‘(iii) how the board will ensure coordina- thority granted by the Secretary under this ‘‘(II) will ensure that each eligible entity tion with the local educational agency and section shall submit to the Secretary, at the adequately monitors and provides adequate State educational agency; end of the third year of the demonstration technical assistance to each innovation ‘‘(D) a listing of the programs, policies, or period and at the end of any renewal period, school in recruiting, enrolling, and meeting operational documents within the public a report that includes the following: the needs of all students, including children school that would be affected by the public ‘‘(A) The number of students served by with disabilities and English learners; school’s identified innovations and the man- each innovation school under this part and, ‘‘(iii) the State educational agency will en- ner in which they would be affected, which if applicable, the number of new students sure that the eligible entity will monitor in- shall include— served during each year of the demonstra- novation schools, including by— ‘‘(i) the research-based educational pro- tion period, expressed as a total number and ‘‘(I) using annual performance data, includ- gram the school would implement; as a percentage of the students enrolled in ing graduation rates and student academic ‘‘(ii) the length of school day and school the State and relevant local educational achievement data, as appropriate; year at the school; agencies.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.066 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4967 ‘‘(B) The number of innovation schools entry, college success, and career attain- this part for a fiscal year, the Secretary served under this part. ment, including, at a minimum, strategies to shall reserve not less than 20 percent for eli- ‘‘(C) An overview of the innovations imple- address through services or programs (in- gible entities that propose to carry out the mented in the innovation schools and the including integrated student supports) the fol- activities described in section 5916 in rural novation school zones in the districts of in- lowing: areas. The Secretary shall reduce the novation. ‘‘(1) High-quality early learning opportuni- amount described in the preceding sentence ‘‘(D) An overview of the academic perform- ties. if the Secretary does not receive a sufficient ance of the students served in innovation ‘‘(2) High-quality schools and out-of- number of applications that are deserving of schools, including a comparison between the school-time programs and strategies. a grant under this part for such purpose. students’ academic performance before and ‘‘(3) Support for a child’s transition to ele- ‘‘SEC. 5914. ELIGIBLE ENTITIES. since implementation of the innovations. mentary school, support for a child’s transi- ‘‘In this part, the term ‘eligible entity’ ‘‘(2) EVALUATION.—The Director of the In- tion from elementary school to middle means— stitute of Education Sciences (or a com- school, from middle school to high school, ‘‘(1) an institution of higher education, as parable, independent research organization) and from high school into and through col- defined in section 102 of the Higher Edu- shall conduct an evaluation of the program lege and into the workforce, including any cation Act of 1965; under this part after year 3 and 5 of the pro- comprehensive readiness assessment as ‘‘(2) an Indian tribe or tribal organization, gram and every 2 years thereafter. deemed necessary. as defined under section 4 of the Indian Self- ‘‘(i) RULE OF CONSTRUCTION AND PROHIBI- ‘‘(4) Family and community engagement. Determination and Education Assistance Act TIONS.— ‘‘(5) Family and student supports, which (25 U.S.C. 450b); or ‘‘(1) RULE OF CONSTRUCTION REGARDING EM- may be provided within the school building. ‘‘(3) one or more nonprofit entities working PLOYMENT.—Nothing in this part shall be ‘‘(6) Activities that support college and ca- in formal partnership with not less than 1 of construed to alter or otherwise affect the reer readiness. the following entities: rights, remedies, and procedures afforded ‘‘(7) Community-based support for students ‘‘(A) A high-need local educational agency. school or school district employees under who have attended the schools in the pipe- ‘‘(B) An institution of higher education, as Federal, State or local laws (including appli- line, or students who are members of the defined in section 102 of the Higher Edu- cable regulations or court orders) or under community, facilitating their continued con- cation Act of 1965. the terms of collective bargaining agree- nection to the community and success in col- ‘‘(C) The office of a chief elected official of ments, memoranda of understanding, or lege and the workforce. a unit of local government. other agreements between such employees ‘‘SEC. 5913. PROGRAM AUTHORIZED. and their employers. ‘‘(D) An Indian tribe or tribal organization, ‘‘(a) IN GENERAL.— as defined under section 4 of the Indian Self- ‘‘(2) PROHIBITION ON FEDERAL INTERFERENCE ‘‘(1) PROGRAM AUTHORIZED.—From amounts Determination and Education Assistance Act WITH STATE AND LOCAL DECISIONS.—Nothing appropriated to carry out this part, the Sec- (25 U.S.C. 450b). in this part shall be construed to permit the retary shall award grants, on a competitive Secretary to establish any criterion that basis, to eligible entities to implement a ‘‘SEC. 5915. APPLICATION REQUIREMENTS. specifies, defines, or prescribes the terms comprehensive, evidence-based continuum of ‘‘(a) IN GENERAL.—An eligible entity desir- governing innovation schools served under coordinated services that meet the purpose ing a grant under this part shall submit an this part. of this part by carrying out the activities in application to the Secretary at such time, in ‘‘(j) DURATION OF FLEXIBILITY DEMONSTRA- neighborhoods with high concentrations of such manner, and containing such informa- TION AUTHORITY AND AGREEMENTS.— low-income individuals and multiple signs of tion as the Secretary may require. ‘‘(1) FLEXIBILITY DEMONSTRATION AUTHOR- distress, which may include poverty, child- ‘‘(b) CONTENTS OF APPLICATION.—At a min- ITY.—Flexibility demonstration authority hood obesity rates, academic failure, and imum, an application described in subsection under this part shall be awarded for a period rates of juvenile delinquency, adjudication, (a) shall include the following: that shall not exceed 5 fiscal years, and may or incarceration, and persistently low- ‘‘(1) A plan to significantly improve the be renewed by the Secretary for 1 additional achieving schools or schools with an achieve- academic outcomes of children living in a 2-year period. ment gap. neighborhood that is served by the eligible ‘‘(2) LOCAL FLEXIBILITY AGREEMENTS.— ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each entity, by providing pipeline services that Local flexibility agreements awarded by an grant awarded under this part shall be of suf- address the needs of children in the neigh- eligible State educational agency under this ficient size and scope to allow the eligible borhood, as identified by the needs analysis part shall be for a period of not more than 5 entity to carry out the purpose of this part. described in paragraph (4), and supported by years.’’. ‘‘(b) DURATION.—A grant awarded under evidence-based practices. this part shall be for a period of not more ‘‘(2) A description of the neighborhood that SA 2186. Mr. MURPHY submitted an than 5 years, and may be renewed for an ad- the eligible entity will serve. amendment intended to be proposed to ditional period of not more than 5 years ‘‘(3) Measurable annual goals for the out- amendment SA 2089 submitted by Mr. ‘‘(c) CONTINUED FUNDING.—Continued fund- comes of the grant, including performance ALEXANDER (for himself and Mrs. MUR- ing of a grant under this part, including a goals, in accordance with the metrics de- RAY) to the bill S. 1177, to reauthorize grant renewed under subsection (b), after the scribed in section 5918(a), for each year of the the Elementary and Secondary Edu- third year of the grant period shall be con- grant. cation Act of 1965 to ensure that every tingent on the eligible entity’s progress to- ‘‘(4) An analysis of the needs and assets, in- child achieves; which was ordered to lie ward meeting the performance metrics de- cluding size and scope of population affected scribed in section 5918(a). of the neighborhood identified in paragraph on the table; as follows: ‘‘(d) MATCHING REQUIREMENT.— (1), including— On page 630, between lines 4 and 5, insert ‘‘(1) IN GENERAL.—Each eligible entity re- ‘‘(A) a description of the process through the following: ceiving a grant under this part shall con- which the needs analysis was produced, in- SEC. 5011. PROMISE NEIGHBORHOODS. tribute matching funds in an amount equal cluding a description of how parents, family, Title V (20 U.S.C. 7201 et seq.), as amended to not less than 100 percent of the amount of and community members were engaged in by section 5001, is further amended by insert- the grant. Such matching funds shall come such analysis; ing after part I, as added by section 5010, the from Federal, State, local, and private ‘‘(B) an analysis of community assets and following: sources. collaborative efforts, including programs al- ‘‘PART J—PROMISE NEIGHBORHOODS ‘‘(2) PRIVATE SOURCES.—The Secretary ready provided from Federal and non-Federal shall require that a portion of the matching sources, within, or accessible to, the neigh- ‘‘SEC. 5910. SHORT TITLE. funds come from private sources, which may borhood, including, at a minimum, early ‘‘This part may be cited as the ‘Promise include in-kind donations. learning, family and student supports, local Neighborhoods Act of 2015’. ‘‘(3) ADJUSTMENT.—The Secretary may ad- businesses, and institutions of higher edu- ‘‘SEC. 5911. PURPOSE. just the matching funds requirement for ap- cation; ‘‘The purpose of this part is to signifi- plicants that demonstrate high need, includ- ‘‘(C) the steps that the eligible entity is cantly improve the academic and developing applicants from rural areas or applicant taking, at the time of the application, to ad- mental outcomes of children living in our that wish to provide services on tribal lands. dress the needs identified in the needs anal- Nation’s most distressed communities, in- ‘‘(e) FINANCIAL HARDSHIP WAIVER.—The ysis; and cluding ensuring school readiness, high Secretary may waive or reduce, on a case-by- ‘‘(D) any barriers the eligible entity, public school graduation, and college and career case basis, the matching requirement de- agencies, and other community-based orga- readiness for such children, and access to a scribed in subsection (d), including the re- nizations have faced in meeting such needs. community-based continuum of high-quality quirement for funds for private sources for a ‘‘(5) A description of all data that the enti- services. period of 1 year at a time, if the eligible entity used to identify the pipeline services to be ‘‘SEC. 5912. PIPELINE SERVICES DEFINED. ty demonstrates significant financial hard- provided and how the eligible entity will col- ‘‘In this part, the term ‘pipeline services’ ship. lect data on children served by each pipeline means a continuum of supports and services ‘‘(f) RESERVATION FOR RURAL AREAS.— service and increase the percentage of chil- for children from birth through college From the amounts appropriated to carry out dren served over time.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.066 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4968 CONGRESSIONAL RECORD — SENATE July 9, 2015 ‘‘(6) A description of the process used to de- the continuum of supports and services (in- shall collect data on performance indicators velop the application, including the involve- cluding a plan for how to support services of pipeline services and family and student ment of family and community members. and activities after grant funds are no longer supports and report the results to the Sec- ‘‘(7) A description of how the pipeline serv- available) and potential changes in local retary, who shall use the results as a consid- ices will facilitate the coordination of the government; eration in continuing grants after the third following activities: ‘‘(3) each partner’s mission and the plan year and in awarding grant renewals. The in- ‘‘(A) Providing high-quality early learning that will govern the work that the partners dicators shall address the entity’s progress opportunities for children, including by pro- do together; toward meeting the goals of this part to sig- viding opportunities for families and expect- ‘‘(4) each partner’s long-term commitment nificantly improve the academic and devel- ant parents to acquire the skills to promote to supporting the continuum of supports and opmental outcomes of children living in our early learning and child development, and services through data collection, moni- Nation’s most distressed communities from ensuring appropriate screening, diagnostic toring, reporting, and sharing; and birth through college and career entry, in- assessments, and referrals for children with ‘‘(5) each partner’s commitment to ensure cluding ensuring school readiness, high disabilities and developmental delays, con- sound fiscal management and controls, in- school graduation, and college and career sistent with the Individuals with Disabilities cluding evidence of a system of supports and readiness for such children, through the use Education Act, where applicable. personnel. of data-driven decision making and access to ‘‘(B) Supporting, enhancing, operating, or ‘‘SEC. 5916. USE OF FUNDS. a community-based continuum of high-qual- expanding rigorous and comprehensive evi- ‘‘(a) IN GENERAL.—Each eligible entity that ity services, beginning at birth. dence-based education reforms, which may receives a grant under this part shall use the ‘‘(b) EVALUATION.—The Secretary shall include high-quality academic programs, ex- grant funds to— evaluate the implementation and impact of panded learning time, and programs and ac- ‘‘(1) support planning activities to develop the activities funded under this part, in accordance with section 9601. tivities to prepare students for college ad- and implement pipeline services; missions and success. ‘‘(2) implement the pipeline services, as de- ‘‘SEC. 5919. NATIONAL ACTIVITIES. ‘‘(C) Supporting partnerships between scribed in the application under section 5915; ‘‘From the amounts appropriated to carry schools and other community resources with and out this part for a fiscal year, in addition to an integrated focus on academics and other ‘‘(3) continuously evaluate the success of the amounts that may be reserved in accordance with section 9601, the Secretary may re- social, health, and familial supports. the program and improve the program based serve not more than 8 percent for national ‘‘(D) Providing social, health, nutrition, on data and outcomes. and mental health services and supports, in- ‘‘(b) SPECIAL RULES.— activities, which may include research, technical assistance, professional development, cluding referrals for essential healthcare and ‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each preventative screenings, for children, family, eligible entity that receives a grant under dissemination of best practices, and other and community members, which may in- this part, for the first and second year of the activities consistent with the purposes of clude services provided within the school grant, shall use not less than 50 percent of this part. building. the grant funds to carry out the activities ‘‘SEC. 5920. AUTHORIZATION OF APPROPRIA- ‘‘(E) Supporting evidence-based programs described in subsection (a)(1). TIONS. ‘‘There are authorized to be appropriated that assist students through school transi- ‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligi- to carry out this part such sums as may be tions, which may include expanding access ble entity that operates a school in a neigh- necessary for each of fiscal years 2016 to college courses for and college enrollment borhood served by a grant program under through 2021.’’. aide or guidance, and other supports for at- this part shall provide such school with the risk youth. operational flexibility, including autonomy SA 2187. Mr. FRANKEN (for himself ‘‘(8) A description of the strategies that over staff, time, and budget, needed to effec- and Mr. CASSIDY) submitted an amend- will be used to provide pipeline services (in- tively carry out the activities described in cluding a description of which programs and the application under section 5915. ment intended to be proposed to services will be provided to children, family ‘‘(3) LIMITATION ON USE OF FUNDS FOR EARLY amendment SA 2089 submitted by Mr. members, community members, and children CHILDHOOD EDUCATION PROGRAMS.—Funds ALEXANDER (for himself and Mrs. MUR- not attending schools or programs operated under this part that are used to improve RAY) to the bill S. 1177, to reauthorize by the eligible entity or its partner pro- early childhood education programs shall the Elementary and Secondary Edu- viders) to support the purpose of this part. not be used to carry out any of the following cation Act of 1965 to ensure that every ‘‘(9) An explanation of the process the eli- activities: gible entity will use to establish and main- child achieves; which was ordered to lie ‘‘(A) Assessments that provide rewards or on the table; as follows: tain family and community engagement, in- sanctions for individual children or teachers. On page 75, line 18, insert ‘‘disability cat- cluding involving representative participa- ‘‘(B) A single assessment that is used as egory as described in subparagraphs (A)(i) tion by the members of such neighborhood in the primary or sole method for assessing pro- and (if applicable for the State) (B)(i) of sec- the planning and implementation of the ac- gram effectiveness. tion 602(3) of the Individuals with Disabil- tivities of each grant awarded under this ‘‘(C) Evaluating children, other than for part, and the provision of strategies and ities Education Act,’’ after ‘‘homeless sta- the purposes of improving instruction, class- tus,’’. practices to assist family and community room environment, professional develop- members in actively supporting student ment, or parent and family engagement, or SA 2188. Ms. BALDWIN (for herself achievement and child development, pro- program improvement. viding services for students, families, and and Mr. WHITEHOUSE) submitted an ‘‘SEC. 5917. REPORT AND PUBLICLY AVAILABLE amendment intended to be proposed to communities within the school building, and DATA. collaboration with institutions of higher ‘‘(a) REPORT.—Each eligible entity that re- amendment SA 2089 submitted by Mr. education, workforce development centers, ceives a grant under this part shall prepare ALEXANDER (for himself and Mrs. MUR- and employers to align expectations and pro- and submit an annual report to the Sec- RAY) to the bill S. 1177, to reauthorize gramming with college and career readiness. retary, which shall include— the Elementary and Secondary Edu- ‘‘(10) An explanation of how the eligible en- ‘‘(1) information about the number and cation Act of 1965 to ensure that every tity will continuously evaluate and improve percentage of children in the neighborhood child achieves; which was ordered to lie the continuum of high-quality pipeline serv- who are served by the grant program, includ- on the table; as follows: ices to provide for continuous program im- ing a description of the number and percent- provement and potential expansion. age of children accessing each support or On page 69, between lines 12 and 13, insert ‘‘(11) An identification of the fiscal agent, service offered as part of the pipeline serv- the following: which may be any entity described in section ices; and ‘‘(M) how the State will ensure the unique 5914 (not including paragraph (2) of such sec- ‘‘(2) information relating to the perform- needs of students at all levels of schooling tion). ance metrics described in section 5918(a); and are met, particularly students in the middle ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eli- grades and high school, including how the eligible entity, as part of the application de- gible entity that receives a grant under this State will work with local educational agen- scribed in this section, shall submit a pre- part shall make publicly available, including cies to— liminary memorandum of understanding, through electronic means, the information ‘‘(i) assist in the identification of middle signed by each partner entity or agency. The described in subsection (a). To the extent grades and high school students who are at- preliminary memorandum of understanding practicable, such information shall be pro- risk of dropping out, such as through the shall describe, at a minimum— vided in a form and language accessible to continuous use of student data related to ‘‘(1) each partner’s financial and pro- parents and families in the neighborhood, measures such as attendance, student sus- grammatic commitment with respect to the and such information shall be a part of state- pensions, course performance, and, postsec- strategies described in the application, in- wide longitudinal data systems. ondary credit accumulation that results in cluding an identification of the fiscal agent; ‘‘SEC. 5918. PERFORMANCE ACCOUNTABILITY actionable steps to inform and differentiate ‘‘(2) each partner’s long-term commitment AND EVALUATION. instruction and support; to providing pipeline services that, at a min- ‘‘(a) PERFORMANCE METRICS.—Each eligible ‘‘(ii) ensure effective student transitions imum, accounts for the cost of supporting entity that receives a grant under this part from elementary school to middle grades and

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DEFINITIONS. ‘‘(C) from which a significant number or aligning curriculum and supports or imple- ‘‘In this part: percentage of students go on to attend an el- menting personal academic plans to enable ‘‘(1) APPLIED LEARNING.—The term ‘applied igible high school. such students to stay on the path to gradua- learning’ means a strategy that engages stu- ‘‘(8) INDUSTRY-BASED CREDENTIAL.—The tion; dents in opportunities to apply rigorous aca- term ‘industry-based credential’ has the ‘‘(iii) ensure effective student transitions demic content aligned with college-level ex- meaning given the term ‘recognized postsec- from high school to postsecondary edu- pectations to real world experience, through ondary credential’ in section 3 of the Work- cation, such as through the establishment of such means as project-based, work-based, or force Innovation and Opportunity Act (29 partnerships between local educational agen- service-based learning, and develops stu- U.S.C. 3102). cies and institutions of higher education and dents’ cognitive competencies and pertinent ‘‘(9) PERSONALIZED LEARNING.—The term providing students with choices for pathways employability skills. ‘personalized learning’ means a learning en- to postsecondary education, which may in- ‘‘(2) ATTRITION.—The term ‘attrition’ vironment that addresses students’ academic clude the integration of rigorous academics, means the reduction in a school’s student and non-academic needs and provides stu- career and technical education, and work- population as a result of transfers or drop- dents with an individualized sequence of aca- based learning; outs and includes students who have been en- demic content, skill development, support ‘‘(iv) provide professional development to rolled for a minimum of 3 weeks within the services, and ensures that each student has teachers, principals, other school leaders, academic year. an advisor designed to enable the student to and other school personnel in addressing the ‘‘(3) CHRONICALLY ABSENT.—The term achieve the student’s individual learning academic and developmental needs of such ‘chronically absent’, when used with respect goals and ensure the student graduates on students; and to a student— time and ready for college and a career by ‘‘(v) implement any other evidence-based ‘‘(A) means a student who misses not less having developed skills and competencies, strategies or activities that the State deter- than 10 percent of the school days at a including the ability to think critically, mines appropriate for addressing the unique school; and solve complex or non-routine problems, needs of such students; ‘‘(B) does not include any school days a evaluate arguments on the basis of evidence, On page 69, line 13, strike ‘‘(M)’’ and insert student misses due to an in-school or out-of- and communicate effectively. school suspension, or for which a student was ‘‘(N)’’. ‘‘(10) QUALIFIED INTERMEDIARY.—The term On page 69, line 17, strike ‘‘(N)’’ and insert not enrolled at such school. ‘qualified intermediary’ means an entity ‘‘(O)’’. ‘‘(4) COMPETENCY-BASED LEARNING MODEL.— that has— ‘‘(A) IN GENERAL.—The term ‘competency- On page 772, between lines 14 and 15, insert ‘‘(A) a demonstrated record of working on based learning model’ means an education the following: grant-related middle school and high school model in which students advance academi- ‘‘(47) MIDDLE GRADES.—The term middle redesign activities; and cally based upon multiple demonstrations of grades means any of grades 5 through 8.’’. ‘‘(B) expertise in building and sustaining competence in defined content-specific con- At the end of the bill, add the following: partnerships with entities such as employ- cepts and higher order skills, such as critical SEC. 1020l. REPORT ON THE REDUCTION OF THE ers, schools, community-based organizations, thinking and problem solving. NUMBER AND PERCENTAGE OF STU- institutions of higher education, social serv- ‘‘(B) REQUIREMENTS.—In a competency- DENTS WHO DROP OUT OF SCHOOL. ice organizations, economic development or- Not later than 5 years after the date of en- based learning model the following applies: ganizations, and workforce systems to actment of this Act, the Director of the In- ‘‘(i) Competencies include explicit, measur- broker services, resources, and supports to stitute of Education Sciences shall evaluate able, and transferable learning objectives. youth and the organizations and systems the impact of section 1111(c)(1)(M) on reduc- ‘‘(ii) Assessment is used to identify gaps in that are designed to serve youth (including ing the number and percentage of students a student’s knowledge and to provide fre- connecting employers to classrooms, design- who drop out of school. quent and meaningful feedback on the student’s progression toward filling such gaps ing and implementing contextualized path- SA 2189. Ms. BALDWIN (for herself and moving on to higher levels of knowledge. ways to postsecondary education and careers, developing integrated curricula, deliv- and Mr. WHITEHOUSE) submitted an ‘‘(iii) Each student receives timely, dif- ferentiated support based on the student’s ering professional development, and con- amendment intended to be proposed to necting students to internships and other amendment SA 2089 submitted by Mr. individual learning needs. ‘‘(iv) Student agency is emphasized work-based learning opportunities). ALEXANDER (for himself and Mrs. MUR- through transparency of goals and gaps in ‘‘(11) STUDENT-CENTERED LEARNING AP- RAY) to the bill S. 1177, to reauthorize knowledge, and multiple means to close PROACHES.—The term ‘student-centered the Elementary and Secondary Edu- those gaps. learning approaches’ means instruction and cation Act of 1965 to ensure that every ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible curriculum that— child achieves; which was ordered to lie entity’ means a local educational agency or ‘‘(A) are— ‘‘(i) based on personalized learning; and on the table; as follows: a consortium of local educational agencies— ‘‘(A) in partnership with— ‘‘(ii) mastery oriented or based on com- On page 630, between lines 4 and 5, insert ‘‘(i) 1 or more institutions of higher edu- petency-based learning models; the following: cation; and ‘‘(B) enable students to have supports to SEC. 5011. IMPROVING SECONDARY SCHOOLS. ‘‘(ii) 1 or more employers, which may be a take increased responsibility over their edu- Title V (20 U.S.C. 7201 et seq.), as amended nonprofit organization, community-based or- cation and develop self-regulation skills; and by section 5001, is further amended by insert- ganization, State or local government agen- ‘‘(C) are designed to foster the skills and ing after part I, as added by section 5010, the cy, business, or an industry-related organiza- dispositions students need to succeed in col- following: tion; and lege, career, and citizenship, and the com- ‘‘PART J—IMPROVING SECONDARY ‘‘(B) that may include 1 or more external petencies described under paragraph (4). SCHOOLS partners, such as a qualified intermediary. ‘‘(12) TRANSFER RATE.—The term ‘transfer ‘‘SEC. 5910. PURPOSES. ‘‘(6) ELIGIBLE HIGH SCHOOL.—The term ‘eli- rate’ means the rate at which students trans- ‘‘The purposes of this part are to increase gible high school’ means a high school that— fer from one high school to another high the number and percentage of students ‘‘(A) does not receive funding under section school, or from one high school to another who— 1114(c); education setting, for a reason other than ‘‘(1) successfully matriculate from middle ‘‘(B) serves a student population of which due to a change in primary residence, as school to high school; not less than 40 percent are from low-income verified through written documentation by ‘‘(2) graduate from high school college- and families as determined by the local edu- the local educational agency serving the stu- career-ready with the ability to use knowl- cational agency serving such school; and dent at the time of the transfer. edge to solve complex problems, think criti- ‘‘(C) has a 4-year adjusted cohort gradua- ‘‘SEC. 5912. GRANTS AUTHORIZED. cally, communicate effectively, collaborate tion rate for all students or for multiple sub- ‘‘(a) PROGRAM AUTHORIZED.— with others, and develop academic mindsets; groups of students at or below 67 percent, ex- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(3) earn college-level credit and postsec- cept in the case of a high school that, at the make grants to State educational agencies ondary credentials, including industry-based time of applying for the grant under this with approved State plans to achieve the credentials, such as through early college part, is a new high school, as determined by purposes of this part. and dual enrollment while in high school; the Secretary. ‘‘(2) COMPETITIVE BASIS.—For any fiscal ‘‘(4) successfully complete sequencing of ‘‘(7) ELIGIBLE MIDDLE SCHOOL.—The term year for which the amount appropriated coursework that integrates rigorous aca- ‘eligible middle school’ means a middle under section 5916 is less than $300,000,000, demics with career-based learning and real school— the Secretary shall award grants to State world workplace experiences; and ‘‘(A) that does not receive funding under educational agencies under paragraph (1) on ‘‘(5) graduate from high school prepared to section 1114(c); a competitive basis. pursue postsecondary degrees in science, ‘‘(B) that serves a student population of ‘‘(3) FORMULA BASIS.—For any fiscal year technology, engineering, and mathematics, which not less than 40 percent are from low- for which the amount appropriated under particularly for student groups historically income families as determined by the local section 5916 is equal to or more than underrepresented in these fields. educational agency serving such school; and $300,000,000, the Secretary shall award grants

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.068 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4970 CONGRESSIONAL RECORD — SENATE July 9, 2015 to State educational agencies from allot- for planning purposes for not more than 1 learners, and students who are significantly ments made under subsection (b). year after receiving a subgrant, and withhold over-aged and under-credited, in the activi- ‘‘(b) DETERMINATION OF ALLOTMENTS.— subsequent allocations of subgrant funds if ties under subsection (c). ‘‘(1) RESERVATION OF FUNDS.—For any fis- the State educational agency determines an ‘‘(G) The performance indicators and tar- cal year for which the amount appropriated eligible plan to be insufficient to effectively gets the eligible entity will use to assess the under section 5916 is equal to or more than achieve the purpose of this part. effectiveness of the activities implemented $300,000,000, the Secretary shall reserve, from ‘‘(5) An assurance that funds appropriated under this section disaggregated by the cat- the total amount appropriated under section to carry out this part will be used to supple- egories of students described in section 5916 for the fiscal year— ment, and not supplant, other Federal, 1111(b)(2)(B)(xi), including— ‘‘(A) one half of 1 percent, which shall be State, and local public funds expended to ‘‘(i) leading indicators, which may in- awarded, on a competitive basis, by the Bu- provide programs and activities authorized clude— reau of Indian Education for activities con- under this part and other similar programs. ‘‘(I) annual, average attendance rates and sistent with the purposes of this part; and ‘‘(6) A description of how the State edu- the number and percentage of students who ‘‘(B) not more than 2.5 percent for national cational agency will evaluate the effective- are chronically absent; activities, including evaluation, dissemina- ness of programs and activities carried out ‘‘(II) rates, including disproportionality, of tion of best practices, and technical assist- under this part, including how performance expulsions, suspensions, school violence, har- ance. on leading performance indicators described assment, and bullying (as defined under ‘‘(2) STATE ALLOTMENT.—For any fiscal in section 5914(b)(2)(G)(i) and core indicators State or local laws or policies); and in section 5914(b)(2)(G)(ii) will be incor- year for which the amount appropriated ‘‘(III) annual student mobility rates, trans- porated into the evaluation. under section 5916 is equal to or more than fer rates, and attrition rates; ‘‘(7) An articulation agreement that will be $300,000,000, the Secretary shall allot to each ‘‘(ii) core indicators, which may include— entered into with each institution of higher State the sum of, from the total amount ap- ‘‘(I) graduation rates; education that will receive funding under propriated under section 5916 for a fiscal year ‘‘(II) dropout recovery (re-entry) rates; this part that requires credit earned as a re- and not reserved under paragraph (1)— ‘‘(III) percentage of students who have on- ‘‘(A) an amount that bears the same rela- sult of the successful completion of a dual enrollment course funded under this part to time credit accumulation at the end of each tionship to 50 percent of the sums being al- grade, and whom are on track to graduate lotted as the percentage of students enrolled be treated as credit earned at the institution in the same manner as such credit would within 4 years, and the percentage of stu- in high schools in which at least 50 percent dents failing a core subject course; of enrolled students are student from low-in- otherwise be earned at such institution. ‘‘(8) A description of the policies and strat- ‘‘(IV) percentage of students who success- come families, as determined by the local fully transitioned from 8th to 9th grade; and educational agency pursuant to section 1113, egies that will be implemented to improve school climate. ‘‘(V) student achievement data, including in the State bears to the total of such per- the percentage of students performing at a centages for all the States; and ‘‘(c) APPROVAL; DISAPPROVAL; NOTIFICA- TION; RESPONSE; FAILURE TO RESPOND.—The proficient level on State academic assess- ‘‘(B) an amount that bears the same rela- provisions of approval, disapproval, notifica- ments required under section 1111(b)(2); and tionship to 50 percent of the sums being al- tion, response, and failure to respond appli- ‘‘(iii) indicators of postsecondary edu- lotted as the percentage of students enrolled cable to State applications under sub- cation readiness, which may include— in high schools in the State bears to the sections (b), (c), (d), (e), and (f) of section ‘‘(I) percentage of students successfully total of such percentages for all the States. 4203 shall apply in the same manner to State completing rigorous postsecondary edu- ‘‘(3) REALLOTMENT.—If any State does not applications submitted under this section. cation courses while attending a secondary apply for an allotment under this subsection ‘‘SEC. 5914. SUBGRANTS TO ELIGIBLE ENTITIES. school, such as Advanced Placement or for any fiscal year, the Secretary shall ‘‘(a) IN GENERAL.—A State that receives a International Baccalaureate courses; reallot the amount of the allotment to the grant under this part shall use the portion of ‘‘(II) percentage of students who have on- remaining States in accordance with this the grant funds described under section time credit accumulation at the end of each subsection. 5912(c)(1) to award subgrants to eligible enti- grade or who have earned postsecondary edu- ‘‘(c) STATE USE OF FUNDS.— ties. cation credit; ‘‘(1) IN GENERAL.—A State educational ‘‘(b) APPLICATION.— ‘‘(III) rates of workplace experience and agency awarded a grant under this section ‘‘(1) IN GENERAL.—To be eligible to receive shall use not less than 95 percent of the other indicators of the acquisition of em- a subgrant under this part, an eligible entity ployability skills, including the number and grant funds to award subgrants to eligible shall submit an application to the State edu- entities under section 5914. percentage of students earning a recognized cational agency at such time, in such man- postsecondary credential, as defined in sec- ‘‘(2) STATE ACTIVITIES.—A State edu- ner, and containing such information as the cational agency may use not more than 5 tion 3 of the Workforce Innovation and Op- State educational agency may reasonably re- portunity Act (29 U.S.C. 3102); and percent of the grant funds for evaluation and quire. capacity building activities, including train- ‘‘(IV) the number and percentage of stu- ‘‘(2) CONTENTS.—Each application sub- dents completing a registered apprenticeship ing, technical assistance, professional devel- mitted under paragraph (1) shall include, at opment, and administrative costs of carrying program (as defined in section 171(b) of the a minimum, the following: Workforce Innovation and Opportunity Act out responsibilities under this part. ‘‘(A) A description of how the eligible enti- (29 U.S.C. 3226)). ‘‘SEC. 5913. STATE APPLICATION. ty will use funds awarded under this section ‘‘(a) IN GENERAL.—In order to receive a to carry out the evidenced-based activities ‘‘(c) REQUIRED USES OF FUNDS.— grant for any fiscal year, a State shall sub- described in subsection (c) and provide per- ‘‘(1) DISTRICTWIDE REQUIRED USES OF mit an application to the Secretary at such sonalized learning experiences, applied learn- FUNDS.—An eligible entity that receives a time, in such manner, and containing such ing opportunities, and student-centered subgrant under this section shall use not less information as the Secretary may reason- learning approaches, that are accessible to than 15 percent of the subgrant funds to— ably require. all students. ‘‘(A) implement an early warning indicator ‘‘(b) CONTENTS.—Each application sub- ‘‘(B) A description of the responsibilities to system in eligible middle schools and eligible mitted under subsection (a) shall include, at be carried out by each member of the eligible high schools to identify struggling students a minimum, the following: entity and additional external partners or and create a system of timely and effective ‘‘(1) A description of how the State edu- qualified intermediaries. evidence-based and linguistically and cul- cational agency will utilize funds reserved ‘‘(C) A description of how the eligible enti- turally relevant interventions, by— under section 5912(c)(2) for State activities. ty will sustain the activities proposed, in- ‘‘(i) identifying and analyzing the aca- ‘‘(2) A description of the procedures and cluding the availability of funds from non- demic risk factors that most reliably predict criteria the State educational agency will Federal sources and coordination with other dropouts by using longitudinal data of past use for reviewing applications and awarding Federal, State, and local funds. cohorts of students; funds to eligible entities on a competitive ‘‘(D) A description of the comprehensive ‘‘(ii) identifying specific indicators of stu- basis. needs assessment and capacity analysis of dent progress and performance to determine ‘‘(3) An assurance that subgrants awarded the eligible entity, eligible middle schools, whether students are on track to graduate to eligible entities under section 5914 will be and eligible high schools that will be served secondary school in 4 years and to guide de- for a period of 5 years, conditional after 3 under the subgrant. cision making, such as academic perform- years on satisfactory progress on the leading ‘‘(E) A plan to use current regional labor ance in core courses, postsecondary edu- performance indicators described in section market information and engage employers cation credit accumulation, and attendance, 5914(b)(2)(G)(i), and renewable for 3 addi- and community-based organizations in the including the percentage of students who are tional 1-year periods, based on satisfactory development of work-related learning oppor- chronically absent; progress on the core indicators in section tunities, particularly those in STEM-related ‘‘(iii) identifying or developing a mecha- 5914(b)(2)(G)(ii). fields, including computer science, and other nism for regularly collecting and analyzing ‘‘(4) An assurance that the State edu- curriculum revisions under subsection (c). data about the impact of interventions on cational agency will allow eligible entities ‘‘(F) A plan to address the needs of stu- the indicators of student progress and per- to utilize funds awarded under section 5914 dents with disabilities, English language formance; and

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.069 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4971 ‘‘(iv) identifying and implementing strate- cators, coaching, and mentoring, that pre- tunities, including college campus visits, gies for pairing academic support with inte- pares teachers, principals, and other school work-related learning opportunities, particu- grated student services and case-managed leaders to— larly in high demand regional industry interventions for students requiring inten- ‘‘(i) address the academic challenges of areas; and sive supports which may include partner- students; ‘‘(iii) providing academic and support serv- ships with other external partners; ‘‘(ii) understand the developmental needs ices; ‘‘(B) provide support and credit recovery of students and how to address those needs in ‘‘(K) making more strategic use of learning opportunities for students with disabilities, an educational setting; time, which may include the effective appli- English learners, and students who are over- ‘‘(iii) implement data-driven interventions; cation of technology and redesigning or ex- aged and under-credited, at secondary and tending school calendars, flexible scheduling, schools served by the eligible entity or other ‘‘(iv) provide academic guidance to stu- implementation of competency-based learn- appropriate settings by offering activities; dents in student-to-staff ratios that allows ing models, and time for educators to carry ‘‘(C) provide dropout recovery or re-entry students to make informed decisions about out systemic reform, including the activities programs that are designed to encourage and academic options, including financial aid described under this part; and support dropouts returning to an educational counseling for postsecondary education, so ‘‘(L) providing integrated services to ad- system, program, or institution following an that students can graduate college and ca- dress the social, emotional, health, and be- extended absence in order to graduate reer ready; and havioral needs of students. college- and career-ready; ‘‘(F) improving access to rigorous courses ‘‘(d) SUPPLEMENT NOT SUPPLANT.—An eligi- ‘‘(D) provide evidence-based middle school by— ble entity shall use Federal funds received to high school transition programs and sup- ‘‘(i) in the case of an eligible middle under this section only to supplement the ports, including through curricula alignment school, providing all students with the pre- funds that would, in the absence of such Fed- and early high school programs that allow requisite coursework necessary to prepare eral funds, be made available from other students to earn high school credit in middle students for participation in rigorous and ad- Federal and non-Federal sources for the ac- school; vanced coursework at the high school level, tivities described in this section, and not to ‘‘(E) strengthen student transitions be- including in STEM-related areas of supplant such funds. tween schools by implementing a transition coursework, including computer science; and ‘‘SEC. 5915. REPORTS. strategy based on data collection that mon- ‘‘(ii) in the case of an eligible high school, ‘‘Each eligible entity receiving a subgrant itors the transition between middle school providing all students pathways to earn at under this part shall collect and report annu- and high school, and high school and postsec- least 12 postsecondary education credits ally to the public and the State educational ondary transitions, and encourages collabo- while in high school; agency, and the State educational agency ration among elementary school, middle ‘‘(G) promoting the continuous use of stu- shall annually report to the Secretary, such school, and high school grades; and dent data that results in actionable steps to information on the results of the activities ‘‘(F) provide teachers, principals, other inform and differentiate instruction and sup- assisted under the subgrant as the Secretary school leaders, non-instructional staff, stu- port, including the use of timely data reports may reasonably require, including perform- dents, and families with high-quality, easily that measures attendance, course performance on the indicators described in section accessible, and timely information, begin- ance, postsecondary education credit accu- 5914(b)(2)(I) disaggregated by each of the cat- ning in middle school, about— mulation, and other on-track indicators for egories of students, as defined in section ‘‘(i) secondary school graduation require- all students; 1111(b)(3)(A). ments; ‘‘(H) providing ongoing mechanisms for ‘‘SEC. 5916. AUTHORIZATION OF APPROPRIA- ‘‘(ii) postsecondary education application strengthening family and community en- TIONS. processes; gagement; ‘‘There are authorized to be appropriated ‘‘(iii) postsecondary education admissions ‘‘(I) providing college and career pathways to carry out this part such sums as may be processes and requirements, including re- through such activities as— necessary for each of fiscal years 2016 quirements for pursuing postsecondary de- ‘‘(i) implementing a college- and career- through 2021.’’. grees in STEM-related subjects, including ready curriculum that integrates rigorous computer science; academics, career and technical education, SA 2190. Ms. BALDWIN (for herself ‘‘(iv) public financial aid and other avail- and work-based learning for high school stu- and Mr. WHITEHOUSE) submitted an able private scholarship and grant aid oppor- dents in high-skill, high-demand industries amendment intended to be proposed to tunities; in collaboration with local and regional em- ‘‘(v) regional and national labor market in- ployers including in STEM-related subject amendment SA 2089 submitted by Mr. formation, including information about na- areas, such as computer science, and work- ALEXANDER (for himself and Mrs. MUR- tional and local STEM-related career oppor- based learning experiences; RAY) to the bill S. 1177, to reauthorize tunities, including in computer science; and ‘‘(ii) in the case of eligible high schools, the Elementary and Secondary Edu- ‘‘(vi) other programs and services for in- providing dual enrollment, early college, or cation Act of 1965 to ensure that every creasing rates of college access and success accelerated learning courses and postsec- child achieves; which was ordered to lie for students from low-income families. ondary education credit-bearing advanced on the table; as follows: ‘‘(2) REQUIRED USE OF FUNDS IN ELIGIBLE coursework opportunities, including oppor- MIDDLE SCHOOLS AND ELIGIBLE HIGH tunities to earn industry-based credentials On page 630, between lines 4 and 5, insert SCHOOLS.—An eligible entity that receives a or other recognized postsecondary education the following: subgrant under this section shall use the credentials, including opportunities for sec- ‘‘PART J—IMPROVING SECONDARY subgrant funds in eligible middle schools and ondary school students who over-age or SCHOOLS eligible high schools to implement a com- under-credited and those who have dropped ‘‘SEC. 5910. PURPOSES. prehensive approach that will improve aca- out of school; or ‘‘The purposes of this part are to support demic achievement and increase on-time ‘‘(iii) designing curricula and sequences of student dropout prevention, intervention, grade and graduation completion by— courses, including in STEM-related subjects and recovery and increase the number and ‘‘(A) using early warning indicator and such as computer science, in collaboration percentage of students who— intervention systems described in paragraph with teachers from the eligible high school ‘‘(1) successfully matriculate from middle (1)(A); and faculty from the partner institution of school to high school; ‘‘(B) providing personalized learning and higher education so that students may si- ‘‘(2) graduate from high school college and applied learning opportunities; multaneously earn credits toward a high career ready with the ability to use knowl- ‘‘(C) implementing organizational prac- school diploma and earn an associate degree edge to solve complex problems, think criti- tices and school schedules that allow for col- or at least 12 transferable postsecondary edu- cally, communicate effectively, collaborate laborative teacher, principal, and other cation credits toward a postsecondary degree with others, and develop academic mindsets; school leader participation, team teaching, at no cost to students or their families; ‘‘(3) successfully complete sequencing of and common instructional planning time, in- ‘‘(J) strengthening the transition between coursework that integrates rigorous aca- cluding across middle school and high school middle school and high school and high demics with career-based learning and work- grades to facilitate effective teaching and school and postsecondary education through place experiences, and earn college credit learning and positive teacher-student inter- such activities as— and postsecondary credentials, including in- actions; ‘‘(i) providing academic and career coun- dustry-based credentials, such as through ‘‘(D) increasing the number of teachers cer- seling, such as through low student-to-coun- early college high school courses and dual or tified in the subject area they are assigned selor ratios, that allow students to make in- concurrent enrollment while in high school; to teach; formed decisions about academic and career and ‘‘(E) providing teachers, principals, and options, including the use of current labor- ‘‘(4) graduate from high school prepared to other school leaders with ongoing high-qual- market information for students, families, pursue postsecondary degrees in science, ity professional development, including teachers, principals, and other school lead- technology, engineering, and mathematics through the use of professional learning ers; (referred to in this part as ‘STEM’), particu- communities and joint training for sec- ‘‘(ii) providing high-quality, age appro- larly for student groups historically under- ondary teachers and postsecondary edu- priate, college and career exploration oppor- represented in these fields.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.069 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4972 CONGRESSIONAL RECORD — SENATE July 9, 2015 ‘‘SEC. 5911. DEFINITIONS. and students who are significantly over-aged professional development to support the ac- ‘‘In this part: and under-credited, in the activities under tivities described under this subsection. ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible subsection (c). ‘‘(d) SUPPLEMENT NOT SUPPLANT.—An eligi- entity’ means a State or local educational ‘‘(5) The performance indicators and tar- ble entity shall use Federal funds received agency or a consortium of local educational gets the eligible entity will use to assess the under this part only to supplement the funds agencies— effectiveness of the activities implemented that would, in the absence of such Federal ‘‘(A) in partnership with— under this section disaggregated by the cat- funds, be made available from other Federal ‘‘(i) 1 or more institutions of higher edu- egories of students described in section and non-Federal sources for the activities de- cation; and 1111(b)(2)(B)(xi), including— scribed in this section, and not to supplant ‘‘(ii) 1 or more employers, which may be a ‘‘(A) the number and percentage of stu- such funds. nonprofit organization, community-based or- dents who successfully transitioned from 8th ‘‘SEC. 5914. REPORTS. ganization, State or local government agen- to 9th grade; ‘‘Each eligible entity receiving a grant cy, business, or an industry-related organiza- ‘‘(B) student achievement data, including under this part shall collect and report annu- tion; and the number and percentage of students per- ally to the public and the Secretary such in- ‘‘(B) that may include 1 or more external forming at a proficient level on State aca- formation on the results of the activities as- partners, such as a qualified intermediary. demic assessments required under section sisted under the grant as the Secretary may ‘‘(2) ELIGIBLE HIGH SCHOOL.—The term ‘eli- 1111(b)(2); reasonably require, including performance gible high school’ means a high school that— ‘‘(C) the number and percentage of stu- on the indicators described in section ‘‘(A) does not receive funding under section dents earning credit toward a postsecondary 5913(b)(5) disaggregated by each of the cat- 1114(c); education credential, an industry-based cre- egories of students, as defined in section ‘‘(B) serves a student population of which dential, or a postsecondary credential; and 1111(b)(3)(A). not less than 40 percent are from low-income ‘‘(D) the number and percentage of stu- ‘‘SEC. 5915. AUTHORIZATION OF APPROPRIA- families as determined by the local edu- dents who are on-track to graduate high TIONS. ‘‘There are authorized to be appropriated cational agency serving such school; and school, high school graduation rates, and to carry out this part such sums as may be ‘‘(C) has a 4-year adjusted cohort gradua- dropout recovery (re-entry) rates. ‘‘(6) A description of the articulation necessary for each of fiscal years 2016 tion rate for all students or for multiple sub- through 2021.’’. groups of students at or below 67 percent, ex- agreement that will be entered into with each institution of higher education that cept in the case of a high school that, at the SA 2191. Mr. BOOKER (for himself time of applying for the grant under this will receive funding under this part that requires postsecondary credit earned as a re- and Mr. BENNET) submitted an amend- part, is a new high school, as determined by ment intended to be proposed to the Secretary. sult of the successful completion of a dual or ‘‘(3) ELIGIBLE MIDDLE SCHOOL.—The term concurrent enrollment course funded under amendment SA 2089 submitted by Mr. ‘eligible middle school’ means a middle this part to be treated as credit earned at ALEXANDER (for himself and Mrs. MUR- school— the institution in the same manner as such RAY) to the bill S. 1177, to reauthorize ‘‘(A) that does not receive funding under credit would otherwise be earned at such in- the Elementary and Secondary Edu- section 1114(c); stitution. cation Act of 1965 to ensure that every ‘‘(c) REQUIRED USES OF FUNDS.—An eligible ‘‘(B) that serves a student population of entity that receives a grant under this sec- child achieves; which was ordered to lie which not less than 40 percent are from low- tion shall use funds to— on the table; as follows: income families as determined by the local ‘‘(1) provide college and career pathways On page 306, after line 23, add the fol- educational agency serving such school; and through such activities as— lowing: ‘‘(C) from which a significant number or ‘‘(A) implementing a college- and career- ‘‘(V) conducting, and publicly reporting percentage of students go on to attend an el- ready curriculum that integrates rigorous the results of, an annual assessment of edu- igible high school. academics, career and technical education, cator support and working conditions that— ‘‘SEC. 5912. GRANTS AUTHORIZED. and work-based learning for high school, in- ‘‘(i) evaluates supports for teachers, lead- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary cluding in STEM-related subject areas, in- ers, and other school personnel, such as— shall award grants to geographically and re- cluding computer science; ‘‘(I) teacher and principal perceptions of gionally diverse, including rural and remote ‘‘(B) in the case of eligible high schools, availability of high-quality professional de- areas, eligible entities to achieve the pur- providing dual or concurrent enrollment velopment and instructional materials; poses of this part. courses, early college high school courses, or ‘‘(II) timely availability of data on student ‘‘(b) GRANT DURATION.—Grants awarded accelerated learning courses and other op- academic achievement and growth; under this part shall be for a period of 5 portunities to earn transferable postsec- ‘‘(III) the presence of high-quality instruc- years, including 1 year which may be used ondary education credit and industry-based tional leadership; and for planning purposes, and may be renewable credentials; and ‘‘(IV) opportunities for professional based on performance on indicators de- ‘‘(C) designing curricula and sequences of growth, such as career ladders and men- scribed in section 5913(b)(5). courses so that students may simultaneously toring and induction programs; ‘‘SEC. 5913. APPLICATIONS. earn credits toward a high school diploma ‘‘(ii) evaluates working conditions for ‘‘(a) IN GENERAL.—In order to receive a and earn an associate degree or at least 12 teachers, leaders and other school personnel, grant for any fiscal year, an eligible entity transferable postsecondary education credits such as— shall submit an application to the Secretary toward a postsecondary degree at no cost to ‘‘(I) school climate; at such time, in such manner, and con- students or their families; ‘‘(II) school safety; taining such information as the Secretary ‘‘(2) implement an early warning indicator ‘‘(III) class size; may reasonably require. system in eligible middle schools and eligible ‘‘(IV) availability and use of common plan- ‘‘(b) CONTENTS.—Each application sub- high schools to promote the continuous use ning time and opportunities to collaborate; mitted under subsection (a) shall include, at of student data that results in actionable and a minimum, the following: steps to inform and differentiate instruction ‘‘(V) community engagement; ‘‘(1) A description of how the eligible enti- and support and improve school climate, ‘‘(iii) is developed with teachers, leaders, ty will use funds awarded under this section which may include the use of timely data re- other school personnel, parents, students, to carry out the evidenced-based activities ports that measures attendance, course per- and the community; and described in subsection (c) and provide performance, disciplinary actions, secondary ‘‘(iv) includes the development and imple- sonalized learning experiences, applied learn- and postsecondary education credit accumu- mentation of a plan with the groups de- ing opportunities, and student-centered lation, and other on-track indicators for all scribed in clause (iii), that shall be publicly learning approaches, that are accessible and students; reported and shall include, at a minimum, developmentally appropriate to all students. ‘‘(3) in the case of an eligible middle annual benchmarks to address the results of ‘‘(2) A description of how the eligible enti- school, provide all students with the pre- the assessment described in this subpara- ty will sustain the activities proposed, in- requisite coursework necessary to prepare graph; and cluding the availability of funds from non- students for participation in rigorous and ad- Federal sources and coordination with other vanced coursework at the high school level, SA 2192. Mrs. BOXER (for herself, Mr. Federal, State, and local funds. including in STEM-related areas of BLUMENTHAL, Mr. BROWN, Mr. MARKEY, ‘‘(3) A plan to use current regional labor coursework, including computer science; Mr. MERKLEY, Mr. NELSON, Mr. SCHU- market information and engage employers ‘‘(4) provide credit recovery and dropout MER, and Mr. WYDEN) submitted an and community-based organizations in the recovery programs; amendment intended to be proposed to development of work-based learning opportu- ‘‘(5) provide evidence-based middle school nities, particularly those in STEM-related to high school, and high school to postsec- amendment SA 2089 submitted by Mr. fields, including computer science, and other ondary education, transition programs and ALEXANDER (for himself and Mrs. MUR- curriculum revisions under subsection (c). supports; and RAY) to the bill S. 1177, to reauthorize ‘‘(4) A plan to address the needs of students ‘‘(6) provide teachers, principals, and other the Elementary and Secondary Edu- with disabilities, English language learners, school leaders with ongoing high-quality cation Act of 1965 to ensure that every

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.071 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4973 child achieves; which was ordered to lie (C) to obtain damages, restitution, or other (B) SERVICE OF PROCESS.—In an action on the table; as follows: compensation on behalf of such residents; brought under paragraph (1), process may be At the end of the bill, add the following: (D) to obtain such other relief as the court served in any district in which the defend- considers appropriate; or ant— SEC. 1020ll. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHIL- (E) to obtain civil penalties in the amount (i) is an inhabitant; or DREN. determined under paragraph (2). (ii) may be found. (a) ELECTRONIC CIGARETTE DEFINED.— (2) CIVIL PENALTIES.— (7) ACTIONS BY OTHER STATE OFFICIALS.— (1) IN GENERAL.—Except as provided in (A) CALCULATION.—For purposes of impos- (A) IN GENERAL.—In addition to civil ac- paragraph (2), in this section, the term ‘‘elec- ing a civil penalty under paragraph (1)(E) tions brought by attorneys general under tronic cigarette’’ means any electronic de- with respect to a person who violates subparagraph (1), any other officer of a State vice that delivers nicotine, flavor, or other section (b)(1), the amount determined under who is authorized by the State to do so may chemicals via a vaporized solution to the this paragraph is the amount calculated by bring a civil action under paragraph (1), sub- user inhaling from the device, including any multiplying the number of days that the per- ject to the same requirements and limita- component, liquid, part, or accessory of such son is not in compliance with subsection tions that apply under this subsection to a device, whether or not sold separately. (b)(1) by an amount not greater than $16,000. civil actions brought by attorneys general. (2) EXCEPTION.—In this section, the term (B) ADJUSTMENT FOR INFLATION.—Begin- (B) SAVINGS PROVISION.—Nothing in this ‘‘electronic cigarette’’ shall not include any ning on the date on which the Bureau of subsection may be construed to prohibit an product that— Labor Statistics first publishes the Con- authorized official of a State from initiating (A) has been approved by the Food and sumer Price Index after the date that is 1 or continuing any proceeding in a court of Drug Administration for sale as a tobacco year after the date of the enactment of this the State for a violation of any civil or cessation product or for other therapeutic Act, and annually thereafter, the amounts criminal law of the State. purposes; and specified in subparagraph (A) shall be in- (e) CONSTRUCTION.—Nothing in this section (B) is marketed and sold solely for a pur- creased by the percentage increase in the shall be construed to limit or diminish the pose approved as described in subparagraph Consumer Price Index published on that date authority of the Food and Drug Administra- (A). from the Consumer Price Index published the tion to regulate the marketing of electronic (b) PROHIBITION.— previous year. cigarettes, including the marketing of elec- (1) IN GENERAL.—No person may advertise, (3) RIGHTS OF FEDERAL TRADE COMMISSION.— tronic cigarettes to children. promote, or market in commerce in a State (A) NOTICE TO FEDERAL TRADE COMMIS- (f) RELATION TO STATE LAW.—This section described in paragraph (2) an electronic ciga- SION.— shall not be construed as superseding, alter- rette in a manner that— (i) IN GENERAL.—Except as provided in ing, or affecting any provision of law of a (A) the person knows or should know is clause (iii), the attorney general of a State likely to contribute towards initiating or in- State, except to the extent that such provi- shall notify the Federal Trade Commission creasing the use of electronic cigarettes by sion of law is inconsistent with the provi- in writing that the attorney general intends children who are younger than 18 years of sions of this section, and then only to the ex- to bring a civil action under paragraph (1) age; or tent of the inconsistency. not later than 10 days before initiating the (B) the Federal Trade Commission deter- civil action. mines, regardless of when or where the ad- SA 2193. Mrs. BOXER (for herself, Mr. vertising, promotion, or marketing occurs, (ii) CONTENTS.—The notification required by clause (i) with respect to a civil action BLUMENTHAL, Mr. BROWN, Mr. MARKEY, affects or appeals to children described in and Mr. DURBIN) submitted an amend- subparagraph (A). shall include a copy of the complaint to be filed to initiate the civil action. ment intended to be proposed to (2) COVERED STATES.—A State described in this paragraph is a State in which the sale of (iii) EXCEPTION.—If it is not feasible for the amendment SA 2089 submitted by Mr. an electronic cigarette to a child who is attorney general of a State to provide the ALEXANDER (for himself and Mrs. MUR- younger than 18 years of age is prohibited by notification required by clause (i) before ini- RAY) to the bill S. 1177, to reauthorize a provision of Federal or State law. tiating a civil action under paragraph (1), the Elementary and Secondary Edu- (c) ENFORCEMENT BY FEDERAL TRADE COM- the attorney general shall notify the Federal cation Act of 1965 to ensure that every MISSION.— Trade Commission immediately upon insti- tuting the civil action. child achieves; which was ordered to lie (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— on the table; as follows: A violation of subsection (b)(1) shall be (B) INTERVENTION BY FEDERAL TRADE COM- treated as a violation of a rule defining an MISSION.—The Federal Trade Commission On page 783, between lines 11 and 12, insert unfair or deceptive act or practice described may— the following: under section 18(a)(1)(B) of the Federal Trade (i) intervene in any civil action brought by (2) in section 9572 (as redesignated by sec- Commission Act (15 U.S.C. 57a(a)(1)(B)). the attorney general of a State under para- tion 4001(5)), by adding at the end the fol- (2) POWERS OF COMMISSION.— graph (1); and lowing: (A) IN GENERAL.—The Federal Trade Com- (ii) upon intervening— ‘‘(6) SMOKING.—The term ‘smoking’ means mission shall enforce this section in the (I) be heard on all matters arising in the the use of any tobacco or tobacco-derived same manner, by the same means, and with civil action; and product, including an electronic cigarette.’’. the same jurisdiction, powers, and duties as (II) file petitions for appeal of a decision in though all applicable terms and provisions of the civil action. SA 2194. Mr. ISAKSON (for himself the Federal Trade Commission Act (15 U.S.C. (4) INVESTIGATORY POWERS.—Nothing in and Ms. AYOTTE) submitted an amend- 41 et seq.) were incorporated into and made this subsection may be construed to prevent a part of this section. the attorney general of a State from exer- ment intended to be proposed to (B) PRIVILEGES AND IMMUNITIES.—Any per- cising the powers conferred on the attorney amendment SA 2089 submitted by Mr. son who violates this section shall be subject general by the laws of the State to conduct ALEXANDER (for himself and Mrs. MUR- to the penalties and entitled to the privi- investigations, to administer oaths or affir- RAY) to the bill S. 1177, to reauthorize leges and immunities provided in the Federal mations, or to compel the attendance of wit- the Elementary and Secondary Edu- Trade Commission Act (15 U.S.C. 41 et seq.). nesses or the production of documentary or cation Act of 1965 to ensure that every (C) RULEMAKING.—The Federal Trade Com- other evidence. child achieves; which was ordered to lie (5) PREEMPTIVE ACTION BY FEDERAL TRADE mission shall promulgate standards and on the table; as follows: rules to carry out this section in accordance COMMISSION.—If the Federal Trade Commis- with section 553 of title 5, United States sion institutes a civil action or an adminis- On page 110, strike lines 7 through 17 and Code. trative action with respect to a violation of insert the following: (d) ENFORCEMENT BY STATES.— subsection (b)(1), the attorney general of a ‘‘(1) INFORMATION FOR PARENTS .— (1) IN GENERAL.—In any case in which the State may not, during the pendency of such ‘‘(A) IN GENERAL.—At the beginning of each attorney general of a State has reason to be- action, bring a civil action under paragraph school year, a local educational agency that lieve that an interest of the residents of the (1) against any defendant named in the com- receives funds under this part shall notify State has been or is threatened or adversely plaint of the Commission for the violation the parents of each student attending any affected by the engagement of any person with respect to which the Commission insti- school receiving funds under this part that subject to subsection (b)(1) in a practice that tuted such action. the parents may request, and the agency will violates such subsection, the attorney gen- (6) VENUE; SERVICE OF PROCESS.— provide the parents on request (and in a eral of the State may, as parens patriae, (A) VENUE.—Any action brought under timely manner), information regarding any bring a civil action on behalf of the residents paragraph (1) may be brought in— State or local educational agency policy, of the State in an appropriate district court (i) the district court of the United States procedure, or parental right regarding stu- of the United States— that meets applicable requirements relating dent participation in any mandated assess- (A) to enjoin further violation of such sub- to venue under section 1391 of title 28, United ments for that school year, in addition to in- section by such person; States Code; or formation regarding the professional quali- (B) to compel compliance with such sub- (ii) another court of competent jurisdic- fications of the student’s classroom teachers, section; tion. including at a minimum, the following:

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Mr. BLUNT (for himself, Mr. when the victim is incapable of giving con- proposed to amendment SA 2089 sub- CARDIN, Ms. MIKULSKI, and Ms. COL- sent. mitted by Mr. ALEXANDER (for himself ‘‘(c) RESPONSIBILITIES OF THE ADVOCATE.— LINS) submitted an amendment in- and Mrs. MURRAY) to the bill S. 1177, to Each Advocate shall carry out the following, tended to be proposed to amendment regardless of whether the victim wishes the reauthorize the Elementary and Sec- SA 2089 submitted by Mr. ALEXANDER victim’s report to remain confidential: ondary Education Act of 1965 to ensure (for himself and Mrs. MURRAY) to the ‘‘(1)(A) Ensure that victims of sexual as- that every child achieves; which was bill S. 1177, to reauthorize the Elemen- sault at the institution receive, with the vic- ordered to lie on the table; as follows: tary and Secondary Education Act of tim’s consent, the following sexual assault At the end of part B of title X, add the fol- 1965 to ensure that every child victim’s assistance services available 24 lowing: hours a day: achieves; which was ordered to lie on SEC. 10202. REPORT ON CYBERSECURITY EDU- ‘‘(i) Information on how to report a campus CATION. the table; as follows: sexual assault to law enforcement. (a) IN GENERAL.—Not later than June 1, On page 132, line 1, insert ‘‘school-based ‘‘(ii) Emergency medical care, including 2016, the Secretary of Education shall submit mental health programs,’’ after ‘‘coun- follow up medical care as requested. to the Committee on Armed Services and the seling,’’. ‘‘(iii) Medical forensic or evidentiary ex- Committee on Health, Education, Labor, and aminations. Pensions of the Senate and the Committee SA 2196. Mrs. BOXER submitted an ‘‘(B) Ensure that victims of sexual assault on Armed Services and the Committee on amendment intended to be proposed by at the institution receive, with the victim’s Education and the Workforce of the House of her to the bill S. 1177, to reauthorize consent, the following sexual assault vic- Representatives, a report describing whether the Elementary and Secondary Edu- tim’s assistance services: ‘‘(i) Crisis intervention counseling and on- secondary and postsecondary education cur- cation Act of 1965 to ensure that every ricula are meeting the need of public and pri- child achieves; which was ordered to lie going counseling. ‘‘(ii) Information on the victim’s rights vate sectors for cyberdefense. Such report on the table; as follows: and referrals to additional support services. shall include— At the end, add the following: ‘‘(iii) Information on legal services. (1) an assessment of learning outcomes re- SEC. 10202. SOS CAMPUS ACT. ‘‘(C) The services described in subpara- quired for future cybersecurity professionals; (a) SHORT TITLE.—This section may be graphs (A) and (B) may be provided either— (2) an assessment of the shortfalls in cur- cited as the ‘‘Survivor Outreach and Support ‘‘(i) pursuant to a memorandum of under- rent secondary and postsecondary education Campus Act’’ or the ‘‘SOS Campus Act’’. standing (that includes transportation serv- needed to develop cybersecurity profes- (b) INDEPENDENT ADVOCATE FOR CAMPUS ices), at a rape crisis center, legal organiza- sionals, and recommendations to address SEXUAL ASSAULT PREVENTION AND RE- tion, or other community-based organization such shortfalls; SPONSE.—Part B of title I of the Higher Edu- located within a reasonable distance from (3) an assessment of successful secondary cation Act of 1965 (20 U.S.C. 1011 et seq.) is the institution; or and postsecondary programs that produce amended by adding at the end the following: ‘‘(ii) on the campus of the institution in competent cybersecurity professionals; ‘‘SEC. 124. INDEPENDENT ADVOCATE FOR CAM- consultation with a rape crisis center, legal (4) recommendations of subjects to be cov- PUS SEXUAL ASSAULT PREVENTION organization, or other community-based or- ered by elementary schools and secondary AND RESPONSE. ganization. schools to better prepare students for post- ‘‘(a) ADVOCATE.— ‘‘(D) A victim of sexual assault may not be secondary cybersecurity education; and ‘‘(1) IN GENERAL.— disciplined, penalized, or otherwise retali- (5) an assessment of which additional re- ‘‘(A) DESIGNATION.—Each institution of ated against for reporting such assault to sources the Secretary, State educational higher education that receives Federal finan- the Advocate. agencies, and local educational agencies may cial assistance under title IV shall designate ‘‘(2) Guide victims of sexual assault who need to meet the recommendations described an independent advocate for campus sexual request assistance through the reporting, in paragraph (4). assault prevention and response (referred to counseling, administrative, medical and (b) DEFINITIONS.—In this section, the terms in this section as the ‘Advocate’) who shall health, academic accommodations, or legal ‘‘elementary school’’, ‘‘local educational be appointed based on experience and a dem- processes of the institution or local law en- agency’’, ‘‘secondary school’’, and ‘‘State onstrated ability of the individual to effec- forcement. educational agency’’ have the meanings tively provide sexual assault victim services. ‘‘(3) Attend, at the request of the victim of given such terms in section 9101 of the Ele- ‘‘(B) NOTIFICATION OF EXISTENCE OF AND IN- sexual assault, any administrative or insti- mentary and Secondary Education Act of FORMATION FOR THE ADVOCATE.—Each em- tution-based adjudication proceeding related 1965 (20 U.S.C. 7801). ployee of an institution described in subpara- to such assault as an advocate for the vic- graph (A) who receives a report of sexual as- tim. SA 2198. Mr. LEE submitted an sault shall notify the victim of the existence ‘‘(4) Maintain the privacy and confiden- amendment intended to be proposed to of, contact information for, and services pro- tiality of the victim and any witness of such amendment SA 2089 submitted by Mr. vided by the Advocate of the institution. sexual assault, and shall not notify the insti- ALEXANDER (for himself and Mrs. MUR- ‘‘(C) APPOINTMENT.—Not later than 180 tution or any other authority of the identity RAY) to the bill S. 1177, to reauthorize days after the date of enactment of the Sur- of the victim or any such witness or the al- the Elementary and Secondary Edu- vivor Outreach and Support Campus Act, the leged circumstances surrounding the re- Secretary shall prescribe regulations for in- cation Act of 1965 to ensure that every ported sexual assault, unless otherwise re- child achieves; which was ordered to lie stitutions to follow in appointing Advocates quired by the applicable laws in the State under this section. At a minimum, each Ad- where such institution is located. on the table; as follows: vocate shall— ‘‘(5) Conduct a public information cam- On page 64, strike lines 1 through 14. ‘‘(i) report to an individual outside the paign to inform the students enrolled at the On page 126, strike lines 8 through 11. body responsible for investigating and adju- institution of the existence of, contact infor- On page 134, strike lines 10 through 15. dicating sexual assault complaints at the in- mation for, and services provided by the Ad- On page 137, strike lines 3 through 7. stitution; and vocate, including— Beginning on page 181, strike line 19 and ‘‘(ii) submit to such individual an annual ‘‘(A) posting information— all that follows through line 6 on page 183. report summarizing how the resources sup- ‘‘(i) on the website of the institution; On page 292, lines 16 and 17, strike ‘‘, early plied to the advocate were used, including ‘‘(ii) in student orientation materials; and childhood directors’’. the number of male and female sexual as- ‘‘(iii) on posters displayed in dormitories, On page 293, lines 8 and 9, strike ‘‘, children sault victims assisted. cafeterias, sports arenas, locker rooms, en- who are in early childhood education pro- ‘‘(2) ROLE OF THE ADVOCATE.—In carrying tertainment facilities, and classrooms; and grams’’. out the responsibilities described in this sec- ‘‘(B) training coaches, faculty, school ad- On page 346, line 18, strike ‘‘early edu- tion, the Advocate shall represent the inter- ministrators, resident advisors, and other cation’’ and insert ‘‘kindergarten’’. ests of the student victim even when in con- staff to provide information on the existence On page 346, lines 21 and 22, strike ‘‘State- flict with the interests of the institution. of, contact information for, and services pro- designated early childhood education pro- The Advocate may not be disciplined, penal- vided by the Advocate. grams and’’. ized, or otherwise retaliated against by the ‘‘(d) CLERY ACT AND TITLE IX.—Nothing in Beginning on page 349, strike line 21 and institution for representing the interest of this section shall alter or amend the rights, all that follows through line 2 on page 350. the victim, in the event of a conflict of inter- duties, and responsibilities under section On page 350, lines 5 and 6, strike ‘‘, or a est with the institution. 485(f) or title IX of the Education Amend- State-designated early childhood education ‘‘(b) SEXUAL ASSAULT.—In this section, the ments of 1972 (20 U.S.C. 1681 et seq.) (also program’’. term ‘sexual assault’ means penetration, no known as the Patsy Takemoto Mink Equal On page 350, lines 10 and 11, strike ‘‘(which matter how slight, of the vagina or anus Opportunity in Education Act).’’. may include State-designated early child- with any body part or object, or oral pene- hood education programs)’’. tration by a sex organ of another person, SA 2197. Mrs. GILLIBRAND sub- On page 352, line 17, strike ‘‘early child- without the consent of the victim, including mitted an amendment intended to be hood education’’ and insert ‘‘kindergarten’’.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.070 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4975 Beginning on page 353, strike ‘‘The State’’ SEC. llll. ESTABLISHING A SPECIAL COM- son designated by the chairman or the mem- on line 23 and all that follows through line 5 MITTEE ON CHILDREN. ber signing the subpoena. on page 354. (a) SPECIAL COMMITTEE ESTABLISHED.— (h) QUORUM.—A majority of the members On page 357, lines 14 and 15, strike ‘‘early (1) IN GENERAL.—There is established a spe- of the special committee, or any sub- education’’ and insert ‘‘kindergarten’’. cial committee of the Senate to be known as committee thereof, shall constitute a Beginning on page 358, strike line 7 and all the Special Committee on Children (herein- quorum for the transaction of business, ex- that follows through line 4 on page 361. after in this section referred to as the ‘‘spe- cept that a lesser number, to be fixed by the On page 363, line 6, strike ‘‘early childhood cial committee’’). committee, shall constitute a quorum for the education and’’. (2) MEMBERS.—The special committee shall purpose of taking sworn testimony. On page 364, lines 16 and 17, strike ‘‘early consist of 19 members, including a chairman. (i) ENACTMENT.—This section is enacted by childhood education program staff,’’. The members and the chairman of the spe- Congress— On page 388, line 9, strike ‘‘early childhood cial committee shall be appointed in the (1) as an exercise of the rulemaking power educators,’’. same manner and at the same time as the of the Senate, and as such it is deemed a part On page 388, line 16, strike ‘‘early child- members and chairman of a standing com- of the rules of the Senate, and it supersedes hood educators,’’. mittee of the Senate. other rules only to the extent that it is in- On page 390, lines 22 and 23, strike ‘‘, in- (b) TREATED AS A STANDING COMMITTEE OF consistent with such rules; and cluding those in early childhood settings’’. THE SENATE.—For purposes of paragraph 4 of (2) with full recognition of the constitu- On page 400, lines 2 and 3, strike ‘‘, includ- rule XXV of the Standing Rules of the Sen- tional right of the Senate to change the ing early childhood education programs’’. ate, and for purposes of section 202 of the rules relating to the procedure of the Senate On page 405, line 14, strike ‘‘, including Legislative Reorganization Act of 1946 (2 at any time, in the same manner, and to the early childhood educators’’. U.S.C. 4301), the special committee shall be same extent as in the case of any other rule On page 416, strike lines 14 through 18 and treated as a standing committee of the Sen- of the Senate. insert the following: ate. ‘‘(6) as appropriate, to coordinate the tran- (c) DUTY.— SA 2201. Mr. ALEXANDER submitted sition of English learners from early child- (1) IN GENERAL.—It shall be the duty of the an amendment intended to be proposed hood education programs, such as Head Start special committee to conduct a continuing to amendment SA 2089 submitted by study of any and all matters pertaining to or State-run preschool programs, to elemen- Mr. ALEXANDER (for himself and Mrs. tary programs; children and their welfare, including— MURRAY) to the bill S. 1177, to reau- On page 423, lines 19 and 20, strike ‘‘, in- (A) programs and services relating to the cluding children in early childhood edu- health, welfare, safety, housing, nutrition, thorize the Elementary and Secondary cation programs’’. education, economic stability, civil rights Education Act of 1965 to ensure that On page 443, lines 8 and 9, strike ‘‘early needs of children, and Federal programs and every child achieves; which was or- childhood, elementary school,’’ and insert services that have a purpose of benefitting dered to lie on the table; as follows: ‘‘elementary school’’. children or have the effect of benefitting Beginning on page 37, strike line 24 and all On page 448, line 18, strike ‘‘early child- children; and that follows through page 38, line 4, and in- hood,’’. (B) the effectiveness of such programs and sert the following: On page 495, line 11, strike ‘‘early child- services. ‘‘(iii) be used for purposes for which such hood, elementary school,’’ and insert ‘‘ele- (2) LIMITATION.—No proposed legislation assessments are valid and reliable, con- mentary school’’. shall be referred to the special committee, sistent with relevant, nationally recognized On page 517, strike lines 16 through 19. and the special committee shall not have professional and technical testing standards, On page 519, strike lines 1 through 5. power to report by bill or otherwise have leg- objectively measure academic achievement, On page 578, lines 6 and 7, strike ‘‘preschool islative jurisdiction. knowledge, and skills, and be tests that do (d) REPORT.—The special committee shall, and’’. not evaluate or assess personal or family be- from time to time (but not less than once a On page 579, line 9, strike ‘‘Head Start pro- liefs and attitudes, or publicly disclose per- year), report to the Senate the results of the viders,’’. sonally identifiable information; On page 579, lines 10 and 11, strike ‘‘, early study conducted pursuant to subsection childhood development personnel’’. (c)(1), together with such recommendations SA 2202. Mr. CRUZ submitted an On page 579, line 14, strike ‘‘preschool as the special committee considers appro- amendment intended to be proposed to priate. and’’. amendment SA 2089 submitted by Mr. On page 580, line 7, strike ‘‘preschool and’’. (e) AUTHORIZED ACTIVITIES.—The special Beginning on page 609, strike line 22 and committee, or any duly authorized sub- ALEXANDER (for himself and Mrs. MUR- all that follows through line 4 on page 610. committee thereof, is authorized, in its dis- RAY) to the bill S. 1177, to reauthorize Beginning on page 611, strike line 12 and cretion to— the Elementary and Secondary Edu- all that follows through line 4 on page 630. (1) make investigations into any matter cation Act of 1965 to ensure that every On page 668, strike lines 10 through 11. within its jurisdiction; child achieves; which was ordered to lie On page 676, strike lines 1 through 8. (2) make expenditures from the contingent on the table; as follows: Beginning on page 706, strike line 3 and all fund of the Senate; (3) employ personnel; At the end of part B of title X, add the fol- that follows through line 5 on page 707. lowing: On page 760, strike lines 1 through 4. (4) hold hearings; (5) sit and act at such places and times SEC. 10204. DEPARTMENT OF EDUCATION SAL- ARY CAP. SA 2199. Mr. GRAHAM submitted an during the sessions, recesses, and adjourned periods of the Senate; Notwithstanding any other provision of amendment intended to be proposed to law, the average salary of an employee of the amendment SA 2089 submitted by Mr. (6) require, by subpoena or otherwise, the attendance of such witnesses and the produc- Department of Education shall not be higher ALEXANDER (for himself and Mrs. MUR- tion of such books, papers, and documents, than the national average salary for a teach- RAY) to the bill S. 1177, to reauthorize administer such oaths, take such testimony, er, as determined by data from the National the Elementary and Secondary Edu- procure such printing and binding, and make Center for Education Statistics. cation Act of 1965 to ensure that every such other expenditures as it deems advis- Mr. MERKLEY submitted an child achieves; which was ordered to lie able; SA 2203. amendment intended to be proposed to on the table; as follows: (7) take depositions and other testimony; (8) procure the service of individual con- amendment SA 2089 submitted by Mr. On page 306, after line 23, insert the fol- sultants or organizations thereof (as author- ALEXANDER (for himself and Mrs. MUR- lowing: ized by section 202(i) of the Legislative Reor- ‘‘(V) providing educator training to in- RAY) to the bill S. 1177, to reauthorize ganization Act of 1946 (2 U.S.C. 4301(i)); and crease students’ entrepreneurship skills; and the Elementary and Secondary Edu- (9) with the prior consent of the Govern- cation Act of 1965 to ensure that every ment department or agency concerned and child achieves; which was ordered to lie SA 2200. Mr. BENNET submitted an the Committee on Rules and Administration, amendment intended to be proposed to use on a reimbursable basis the services of on the table; as follows: amendment SA 2089 submitted by Mr. personnel of any such department or agency. At the end of part B of title X, add the fol- ALEXANDER (for himself and Mrs. MUR- (f) POWER TO ADMINISTER OATHS.—The lowing: RAY) to the bill S. 1177, to reauthorize chairman of the special committee or any SEC. 102ll. FINDINGS AND SENSE OF THE SEN- the Elementary and Secondary Edu- member thereof may administer oaths to ATE. cation Act of 1965 to ensure that every witnesses. (a) FINDINGS.—Congress finds the fol- (g) SUBPOENAS.—Subpoenas authorized by lowing: child achieves; which was ordered to lie the special committee may be issued over (1) The Departments of Labor, Health and on the table; as follows: the signature of the chairman, or any mem- Human Services, and Education, and Related At the end of part B of title X, add the fol- ber of the special committee designated by Agencies Appropriations Act, 2016 (S. 1695, lowing: the chairman, and may be served by any per- 114th Congress) (referred to in this section as

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.072 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4976 CONGRESSIONAL RECORD — SENATE July 9, 2015 the ‘‘proposed appropriations Act’’), as re- (B) the striving readers comprehensive lit- SA 2205. Ms. HIRONO submitted an ported out of the Committee on Appropria- eracy program under part E of title I of such amendment intended to be proposed by tions of the Senate on June 25, 2015, reduces Act, as such Act was in effect on the day be- her to the bill S. 1177, to reauthorize investments in critical middle-class prior- fore the date of enactment of this Act, or its the Elementary and Secondary Edu- ities by $3,575,000,000, compared to the appro- successor; cation Act of 1965 to ensure that every priation levels enacted for fiscal year 2015. (C) the 21st century community learning (2) The proposed appropriations Act re- centers program under part B of title IV of child achieves; which was ordered to lie duces investments in critical middle-class the Elementary and Secondary Education on the table; as follows: priorities by $13,231,000,000, compared to the Act of 1965; On page 274, between lines 21 and 22, insert Democratic funding alternative that is con- (D) English language acquisition grants the following: sistent with pre-sequester funding levels pro- under title III of such Act; ‘‘(xi) increasing and improving opportuni- vided in the Budget Control Act of 2011 (Pub- (E) preschool development grants under ties for teachers to take on meaningful leadership roles and responsibilities for addi- lic Law 112–25; 125 Stat. 240). title XIV of division A of the American Re- tional compensation without having to leave (3) These funding cuts would bring Federal covery and Reinvestment Act of 2009 (Public their role as teacher; and investments in programs under the Elemen- Law 112–10); and On page 277, between lines 6 and 7, insert tary and Secondary Education Act of 1965 (20 (F) investing in innovation grants under the following: U.S.C. 6301 et seq.) to their lowest levels such title. ‘‘(F) a description of how the local edu- since fiscal year 2002. SA 2204. Ms. HIRONO submitted an cational agency will increase and improve (4) Of the lowest-achieving 5 percent of opportunities for meaningful teacher leader- schools that receive funds under part A of amendment intended to be proposed by ship in order to positively impact student title I of such Act (20 U.S.C. 6311 et seq.), her to the bill S. 1177, to reauthorize achievement, build the capacity of teachers, about two-thirds of students do not meet the Elementary and Secondary Edu- and effectively negotiate or collaborate with grade level standards. cation Act of 1965 to ensure that every principals, teachers and representatives of (5) The proposed appropriations Act cuts child achieves; which was ordered to lie teachers, and local educational agency lead- funding for part A of title I of the Elemen- on the table; as follows: ers. tary and Secondary Education Act of 1965 (20 On page 285, after line 25, insert the fol- U.S.C. 6311 et seq.) by $850,000,000, compared On page 63, line 3, insert ‘‘, including plans lowing: to the President’s fiscal year 2016 budget refor engaging and supporting principals and ‘‘(O) providing additional compensation for quest and the Democratic funding alter- other school leaders responsible for improv- teachers or making other systemic changes native offered in the Committee on Appro- ing early childhood alignment with their ele- to create or enhance opportunities for mean- priations of the Senate. mentary school, supporting teachers in un- ingful teacher leadership, such as initiatives (6) Research consistently shows that high- derstanding the transition between early that include— quality early education is critical to the edu- learning to kindergarten, and increasing par- ‘‘(i) increased time for common planning, cational development of every child. ent and community engagement’’ after ‘‘pro- within and across content areas and grade (7) The proposed appropriations Act programs’’. levels; vides no funding for preschool development On page 80, between lines 2 and 3, insert ‘‘(ii) designated time for effective teachers grants, a cut of $750,000,000 compared to the the following: to— President’s fiscal year 2016 budget request ‘‘(xviii) If the State uses funds under this ‘‘(I) receive training on mentoring; and and the Democratic funding alternative of- part for preschool services, information that ‘‘(II) plan and execute mentoring activi- fered in Committee. shows how children younger than the manda- ties; (8) The education funding cuts in the pro- tory age of school entry are served directly ‘‘(iii) career ladders and lattices, providing posed appropriations Act are largely the re- by a local educational agency, or through for additional pay for professional growth, sult of the artificial and arbitrary spending contract or other collaboration with early which may include hybrid roles in which caps triggered by the lack of a bipartisan childhood programs, including early child- teachers lead from the classroom; budget agreement as envisioned by the Budg- hood home visitation programs, as described ‘‘(iv) teacher-designed and teacher-imple- et Control Act of 2011 (Public Law 112–25; 125 under section 511 of the Social Security Act mented professional development activities; Stat. 240). (42 U.S.C. 711), including— ‘‘(v) opportunities for experiential and pro- (9) Congress has previously provided relief ‘‘(I) the number of children served, fessional learning, which may include obser- from these cuts in the form of the Bipartisan disaggregated by income, race, and disability vation; Budget Act of 2013 (Public Law 113–67; 127 status; ‘‘(vi) feedback mechanisms for continuous Stat. 1165), which provided relief from se- ‘‘(II) a description of the services received; improvement of school environment and ac- questration equally for defense and non- and tivities, including school working conditions defense investments for fiscal years 2014 and ‘‘(III) the amount the State spent using and the social-emotional well-being of teach- 2015. grant funds under this part on services for ers; such children. ‘‘(vii) the development of policy collabo- (b) SENSE OF THE SENATE.—It is the sense On page 80, line 3, strike ‘‘(xviii)’’ and in- of the Senate that— ratively by teachers, and the representatives sert ‘‘(xix)’’. of teachers, and the leaders of the school, (1) the fiscal and economic challenges of On page 265, between lines 17 and 18, insert local educational agency, community, or the United States are a top priority for Con- the following: State; and gress, and the deep, automatic budget cuts of ‘‘(xiv) Supporting principals, other school ‘‘(viii) other innovative approaches to le- sequestration remains an unreasonable and leaders, teachers, teacher leaders, para- verage teacher leadership; and inadequate budgeting tool either to address professionals, early childhood center direc- On page 296, between lines 4 and 5, insert the deficits and debt of the Nation or provide tors, and other early childhood providers to the following: the resources needed to educate our children participate in efforts to align State early ‘‘(F) training and supporting principals to and grow the economy; learning guidelines with State academic and identify, develop, and maintain school lead- (2) this Act was supported unanimously in other standards, curriculum, and assessment ership teams, which shall include teacher Committee; practices from prekindergarten to the third leaders and others as designated by the prin- (3) fulfilling the promise of this Act will grade and promote quality early learning ex- cipal, using various leadership models, ex- require Congress to provide funding at levels periences from birth through age 8. cept that such models shall not include above sequestration; On 265, line 18, strike ‘‘(xiv)’’ and insert forced or involuntary transfers; and (4) Congress should immediately begin ne- ‘‘(xv)’’. gotiations on a successor to the Bipartisan Beginning on page 283, strike line 22 and SA 2206. Mr. THUNE (for himself and Budget Act of 2013 (Public Law 113–67; 127 all that follows through page 284, line 3, and Mrs. FISCHER) submitted an amend- Stat. 1165) that provides equal relief from se- insert the following: ‘‘leadership comment intended to be proposed to questration for defense and nondefense in- petencies of principals on instruction in the amendment SA 2089 submitted by Mr. vestments, including education, for fiscal early grades, developmentally appropriate year 2016 and beyond; and strategies to measure whether young chil- ALEXANDER (for himself and Mrs. MUR- (5) for fiscal year 2016, Congress should pro- dren are progressing, and principals’ ability RAY) to the bill S. 1177, to reauthorize vide $18,554,875,000 for key programs under to support teachers, teacher leaders, early the Elementary and Secondary Edu- the Elementary and Secondary Education childhood educators, and other professionals cation Act of 1965 to ensure that every Act of 1965 and other education programs, as in the school learning community to meet child achieves; which was ordered to lie amended by this Act and consistent with the the needs of students through age 8, which on the table; as follows: pre-sequester funding levels called for by the may include providing joint professional At the end of part B of title X, add the fol- bipartisan Budget Control Act of 2011 (Public learning and planning activities for school lowing: Law 112–25; 125 Stat. 240), including— staff and educators in preschool programs SEC. lll. CERTAIN EDUCATIONAL INSTITU- (A) programs under part A of title I of the that address the transition to elementary TIONS EXEMPT FROM EMPLOYER Elementary and Secondary Education Act of school, and promoting effective prekinder- HEALTH INSURANCE MANDATE. 1965; garten through grade 3 alignment;’’. (a) EXEMPTION.—

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(1) IN GENERAL.—Section 4980H(c)(2) of the (2) One in 6 youth, nationwide, are not con- work, that provide education, training, em- Internal Revenue Code of 1986 is amended by nected to the labor force. ployment, and other related social services. adding at the end the following new subpara- (3) There are 2,500,000 children being raised (c) PERFORMANCE PARTNERSHIP AGREE- graph: by parents who were disconnected youth MENTS.—Federal agencies may use Federal ‘‘(F) EXCEPTION FOR CERTAIN EDUCATIONAL themselves. funds, as authorized in subsection (b), to par- INSTITUTIONS.—The term ‘applicable large (4) The United States has a responsibility ticipate in a Performance Partnership Pilot employer’ shall not include— to improve outcomes for disconnected youth only in accordance with the terms of a per- ‘‘(i) any elementary school or secondary by investing in innovative strategies to ad- formance partnership agreement that— school (as such terms are defined in section dress the needs of disconnected populations. (1) is entered into between— 9101 of the Elementary and Secondary Edu- (5) The Committee on Appropriations of (A) the head of the lead Federal admin- cation Act of 1965), the Senate has recognized the value in in- istering agency, on behalf of all of the par- ‘‘(ii) any local educational agency or State vesting in such partnerships and has sup- ticipating Federal agencies (subject to the educational agency (as such terms are deported Performance Partnership Pilots for head of the lead Federal administering agen- fined in section 9101 of such Act), and Disconnected Youth in recent appropriations cy having received from the heads of each of ‘‘(iii) any institution of higher education bills for the Departments of Health, Human the other participating agencies their writ- (as such term is defined in section 102 of the Services, and Education, and related agen- ten concurrence for entering into the agree- Higher Education Act of 1965).’’. cies. ment), and (2) EFFECTIVE DATE.—The amendment (B) the respective representatives of all of SEC. 5912. PERFORMANCE PARTNERSHIPS PILOT the State, local, or tribal governments that made by this subsection shall apply to PROGRAM. months beginning after December 31, 2014. are participating in the agreement; and (a) DEFINITIONS.—In this section: (2) specifies, at a minimum, the following (b) STUDY OF IMPACT ON EDUCATION.—The (1) DISCONNECTED YOUTH.—The term ‘‘dis- Secretary of Education shall— information: connected youth’’ means an individual who— (A) The length of the agreement (which (1) study the impact of the employer (A) is between the ages 14 to 24, inclusive; health insurance mandate under section shall not extend for more than 3 years after and the date upon which the parties enter into 4980H of the Internal Revenue Code of 1986 as (B)(i) is homeless, in foster care, or in- in effect on the day before the date of enact- the agreement). volved with the criminal justice system; or (B) The Federal programs and federally ment of this Act and the impact of such (ii) is not working and not enrolled in an mandate as in effect on the day after the funded services that are involved in the Per- elementary school, secondary school, insti- formance Partnership Pilot. date of enactment of this Act on— tution of higher education, or other edu- (A) in coordination with the national as- (C) The Federal funds that are being used cational institution. in the Performance Partnership Pilot (by the sessment of title I under section 1501 of the (2) PARTICIPATING FEDERAL AGENCY.—The respective Federal account identifier, and Elementary and Secondary Education Act of term ‘‘participating Federal agency’’ means the total amount from such account that is 1965 (20 U.S.C. 6491), the ability of State edu- the Department of Education, the Depart- being used in the Performance Partnership cational agencies, local educational agen- ment of Health and Human Services, the De- Pilot) in accordance with subsection (b)(1), cies, elementary schools, and secondary partment of Labor, and the Corporation for and any period of availability for obligation schools to meet the purposes of title I of the National and Community Service, as appro- (by the Federal Government) of any such Elementary and Secondary Education Act of priate based on the specific Performance funds. 1965 (20 U.S.C. 6301 et seq.); and Partnership Pilot involved. (D) The non-Federal funds that are in- (B) in coordination with the annual data (3) PERFORMANCE PARTNERSHIP PILOT.—The volved in the Performance Partnership Pilot, collection conducted through the Integrated term ‘‘Performance Partnership Pilot’’ is a by source (which may include private funds Postsecondary Education Data System de- project that seeks to identify, through a as well as governmental funds) and by scribed in section 132(i)(4) of the Higher Edu- demonstration, cost-effective strategies for amount. cation Act of 1965 (20 U.S.C. 1015a(i)(4)), the providing services at the State, regional, or (E) The State, local, or tribal programs ability of institutions of higher education to local level that— that are involved in the Performance Part- maintain academic programs; and (A) involve 2 or more Federal programs nership Pilot. (2) not later than one year after the date of (administered by one or more Federal agen- (F) The populations to be served by the the enactment of this Act, submit separate cies)— Performance Partnership Pilot. written reports to Congress with respect to (i) which have related policy goals, and (G) The cost-effective Federal oversight the studies conducted under subparagraphs (ii) at least one of which is administered procedures that will be used for the purpose (A) and (B) of paragraph (1). (in whole or in part) by a State, local, or of maintaining the necessary level of ac- tribal government; and countability for the use of the Federal dis- SA 2207. Ms. MIKULSKI submitted (B) achieve better results for regions, com- cretionary funds. an amendment intended to be proposed munities, or specific at-risk populations (H) The cost-effective State, local, or trib- to amendment SA 2089 submitted by through making better use of the budgetary al oversight procedures that will be used for Mr. ALEXANDER (for himself and Mrs. resources that are available for supporting the purpose of maintaining the necessary MURRAY) to the bill S. 1177, to reau- such programs. level of accountability for the use of the Fed- thorize the Elementary and Secondary (4) LEAD FEDERAL ADMINISTERING AGENCY.— eral discretionary funds. Education Act of 1965 to ensure that The term ‘‘lead Federal administering agen- (I) The outcome (or outcomes) that the every child achieves; which was or- cy’’ is the Federal agency, to be designated Performance Partnership Pilot is designed to by the Director of the Office of Management achieve. dered to lie on the table; as follows: and Budget (from among the participating (J) The appropriate, reliable, and objective On page 630, between lines 4 and 5, insert Federal agencies that have statutory respon- outcome-measurement methodology that the the following: sibility for the Federal discretionary funds Federal Government and the participating SEC. 5011. PERFORMANCE PARTNERSHIPS PILOT that will be used in a Performance Partner- State, local, or tribal governments will use, PROGRAM FOR DISCONNECTED ship Pilot), that will enter into and admin- in carrying out the Pilot, to determine YOUTH. ister the particular performance partnership whether the Performance Partnership Pilot Title V (20 U.S.C. 7201 et seq.), as amended agreement on behalf of that agency and the is achieving, and has achieved, the specified by section 5001, is further amended by insert- other participating Federal agencies. outcomes that the Performance Partnership ing after part I, as added by section 5010, the (b) FLEXIBILITY OF FUNDS.—Participating Pilot is designed to achieve. following: Federal agencies may carry out not more (K) The statutory, regulatory, or adminis- PART J—PERFORMANCE PARTNERSHIPS than 10 Performance Partnership Pilots trative requirements related to Federal man- PILOT PROGRAM FOR DISCONNECTED under this section. Each Performance Part- datory programs that are barriers to achiev- YOUTH nership Pilot shall— ing improved outcomes of the Pilot. SEC. 5911. PURPOSE; FINDINGS. (1) provide flexibility to the entities par- (L) In cases where, during the course of the (a) PURPOSE.—The purpose of this part is to ticipating in the Performance Partnership Performance Partnership Pilot, it is deter- authorize a performance partnerships pilot Pilot with respect to discretionary funds mined that the Performance Partnership program for disconnected youth to promote under the authority of the participating Fed- Pilot is not achieving the specified outcomes coordination between Federal agencies in eral agencies, as specified in the performance that it is designed to achieve— order to improve outcomes for disconnected partnership agreement; (i) the consequences that will result from youth in communities. (2) be designed to improve outcomes for such deficiencies with respect to the Federal (b) FINDINGS.—Congress finds the fol- disconnected youth, by increasing the rate discretionary funds that are being used in lowing: at which disconnected youth achieve success the Performance Partnership Pilot; and (1) Recent events in communities across in meeting educational, employment, or (ii) the corrective actions that will be the United States have illustrated, in part, other key goals; and taken in order to increase the likelihood the importance of improving opportunities, (3) involve Federal programs targeted to that the Performance Partnership Pilot, outcomes, and services for disconnected pop- disconnected youth, or designed to prevent upon completion, will have achieved such ulations. youth from disconnecting from school or specified outcomes.

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(d) AGENCY HEAD DETERMINATIONS.— (I) the statutory purposes of the Federal how the State will use the results from such (1) IN GENERAL.—A participating Federal program for which such discretionary funds review or evaluation to refine and continu- agency may participate in a Performance were appropriated, and ously improve such programs and activities; Partnership Pilot (including by providing (II) the other provisions of this section, in- On page 106, between lines 23 and 24, insert funds described in subsection (b)(1) that have cluding the written determination by the the following: been appropriated to such agency) only upon head of the agency issued under subsection ‘‘(17) how the local educational agency will the written determination by the head of (d); periodically review and evaluate programs such agency that the agency’s participation (ii) is necessary to achieve the outcomes of and activities under this part to assess in such Performance Partnership Pilot— the Performance Partnership Pilot as speci- progress toward improved student academic (A) will not result in denying or restricting fied in the performance partnership agree- achievement, and how the local educational the eligibility of any individual for any of ment, and is no broader in scope than is nec- agency will use the results from such review the services that (in whole or in part) are essary to achieve such outcomes; and or evaluation to refine and continuously im- funded by the agency’s programs and Federal (iii) will result in either— prove such programs and activities; discretionary funds that are involved in the (I) realizing efficiencies by simplifying re- Performance Partnership Pilot, and porting burdens or reducing administrative SA 2210. Mr. BENNET submitted an (B) based on the best available informa- barriers with respect to such discretionary amendment intended to be proposed to tion, will not otherwise adversely affect vul- funds, or amendment SA 2089 submitted by Mr. nerable populations that are the recipients (II) increasing the ability of individuals to ALEXANDER (for himself and Mrs. MUR- of such services. obtain access to services that are provided RAY) to the bill S. 1177, to reauthorize (2) CONSIDERATION.—In making the deter- by such discretionary funds; and the Elementary and Secondary Edu- mination under paragraph (1), the head of a (C) the head of the agency shall provide at cation Act of 1965 to ensure that every participating Federal agency may take into least 60 days advance written notice to the consideration the other Federal funds de- child achieves; which was ordered to lie Committee on Appropriations of the House on the table; as follows: scribed in subsection (b)(1) that will be used of Representatives, the Committee on Appro- On page 52, between lines 9 and 10, insert in the Pilot as well as any non-Federal funds priations of the Senate, and all other com- the following: (including from private sources as well as mittees of jurisdiction in the House of Rep- ‘‘(L) LIMITATION ON ASSESSMENT TIME.— governmental sources) that will be used in resentatives and the Senate. ‘‘(i) IN GENERAL.—As a condition of receiv- the Performance Partnership Pilot. (g) APPLICABILITY TO EXISTING PERFORM- ing an allocation under this part for any fis- (e) TRANSFER AUTHORITY.— ANCE PARTNERSHIP PILOTS.—Nothing in this cal year, each State shall— (1) IN GENERAL.—For the purpose of car- part shall be construed to apply to any Per- ‘‘(I) set a limit on the aggregate amount of rying out the Performance Partnership Pilot formance Partnership Pilot carried out time devoted to the administration of assess- in accordance with the performance partner- under the authority of section 524 of the De- ments (including assessments adopted pursu- ship agreement, and subject to the written partments of Labor, Health and Human Serv- ant to this subsection, other assessments re- approval of the Director of the Office of Man- ices, and Education, and Related Agencies quired by the State, and assessments re- agement and Budget, the head of each par- Appropriations Act, 2015 (Public Law 113–325; quired districtwide by the local educational ticipating Federal agency may transfer the 128 Stat. 2522) or section 526 of the Depart- agency) for each grade, expressed as a per- Federal funds described in subsection (b)(1) ment of Labor, Health and Human Services, centage of annual instructional hours; and that are being used in the Pilot to an ac- and Related Agencies Appropriations Act, ‘‘(II) ensure that each local educational count of the lead Federal administering 2014 (Public Law 113–76; 128 Stat. 413). agency that includes other Federal discre- agency in the State will notify the parents of tionary funds that are being used in the SA 2208. Mr. BENNET submitted an each student attending any school in the Pilot. Subject to the waiver authority under local educational agency, on an annual basis, amendment intended to be proposed to whenever the limitation described in sub- subsection (f), such transferred funds shall amendment SA 2089 submitted by Mr. remain available for the same purposes for clause (I) is exceeded. which such funds were originally appro- ALEXANDER (for himself and Mrs. MUR- ‘‘(ii) CHILDREN WITH DISABILITIES AND priated, except as provided in paragraph (2). RAY) to the bill S. 1177, to reauthorize ENGLISH LEARNERS.—Nothing in clause (i) (2) EXCEPTION.—Funds transferred under the Elementary and Secondary Edu- shall be construed to supersede the require- paragraph (1) shall remain available for obli- cation Act of 1965 to ensure that every ments of Federal law relating to assessments gation by the Federal Government until the child achieves; which was ordered to lie that apply specifically to children with dis- expiration of the period of availability for on the table; as follows: abilities or English learners. those Federal discretionary funds (which are On page 72, between lines 19 and 20, insert being used in the Pilot) that have the long- SA 2211. Mr. BENNET submitted an the following: est period of availability, except that any amendment intended to be proposed to ‘‘(L) assessments adopted pursuant to sub- such transferred funds shall not remain amendment SA 2089 submitted by Mr. section (b) require students to spend on aver- available beyond (which shall not extend for ALEXANDER (for himself and Mrs. MUR- age less than 2 percent of the average in- more than 3 years after the date upon which structional time taking such assessments RAY) to the bill S. 1177, to reauthorize the parties enter into the performance part- (except in the case of assessments that are the Elementary and Secondary Edu- nership agreement). determined to be performance-based, com- cation Act of 1965 to ensure that every (f) WAIVER AUTHORITY.—In connection with child achieves; which was ordered to lie the participation by a Federal participating petency-based, or to justify the additional agency in a Performance Partnership Pilot, time), where such calculation of time spent on the table; as follows: and subject to the other provisions of this on such assessments shall not include any On page 111, between lines 24 and 25, insert section (including subsection (e)), the head additional time spent taking assessments the following: of the Federal participating agency to which provided as an appropriate accommodation ‘‘(2) TESTING TRANSPARENCY.— Federal funds described in subsection (b)(1) to children with disabilities or students with ‘‘(A) IN GENERAL.—Subject to subparagraph were appropriated may waive (in whole or in a disability who are provided accommoda- (B), each local educational agency that re- part) the application, solely to such discre- tions under another Act; ceives funds under this part shall make wide- tionary funds that are being used in the ly available through public means (including Pilot, of any statutory, regulatory, or ad- SA 2209. Mr. BENNET submitted an by posting in a clear, concise, and easily ac- ministrative requirement that such agency amendment intended to be proposed to cessible manner on the local educational head— amendment SA 2089 submitted by Mr. agency’s website and, to the extent prac- (1) is otherwise authorized to waive (in ac- ALEXANDER (for himself and Mrs. MUR- ticable, on the website of each school served cordance with the terms and conditions of RAY) to the bill S. 1177, to reauthorize by the local educational agency) for each such other authority), and the Elementary and Secondary Edu- grade served by the local educational agency (2) is not otherwise authorized to waive, or school, information on each assessment except that— cation Act of 1965 to ensure that every required by the State to comply with section (A) the head of the agency shall not waive child achieves; which was ordered to lie 1111, other assessments required by the any requirement related to nondiscrimina- on the table; as follows: State, and to the extent such information is tion, wage and labor standards, or allocation On page 20, line 18, insert ‘‘, periodically available and feasible to report, assessments of funds to State and substate levels; review those strategies and the resulting required districtwide by the local edu- (B) the head of the agency shall issue, for data, use that information to continuously cational agency, including— any requirement described in this paragraph) improve the strategies,’’ after ‘‘title’’. ‘‘(i) the subject matter assessed; a written determination, prior to granting On page 69, between lines 12 and 13, insert ‘‘(ii) the purpose for which the assessment the waiver, with respect to such discre- the following: is designed and used; tionary funds that the granting of such waiv- ‘‘(M) how the State will periodically re- ‘‘(iii) the source of the requirement for the er for purposes of the Performance Partner- view and evaluate programs and activities assessment; and ship Pilot— under this part to assess progress toward im- ‘‘(iv) to the extent such information is (i) is consistent with both— proved student academic achievement, and available—

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WEBSITE.—In the case of a local educational ‘‘(ii) from assisting or cooperating with agency that does not operate a website, such Federal immigration law enforcement in the f local educational agency shall determine course of carrying out the officers’ routine how to make the information described in law enforcement duties, including with re- PRIVILEGES OF THE FLOOR subparagraph (A) widely available, such as spect to the issuance of federal detainers; or through distribution of that information to ‘‘(B) is otherwise not in compliance with Mr. REID. Mr. President, I ask unan- the media, through public agencies, or di- the requirements of subsection (a) or (b). imous consent that Amy Griffin, a fel- rectly to parents. ‘‘(2) LIMITATION ON GRANTS.—A sanctuary low in Senator FRANKEN’s office, be city is not eligible to receive a grant under granted floor privileges during the re- SA 2212. Mr. BOOKER (for himself the Edward Byrne Memorial Justice Assist- mainder of this Congress. and Mr. BENNET) submitted an amend- ance Grant Program established pursuant to The PRESIDING OFFICER. Without subpart 1 of part E of title I of the Omnibus ment intended to be proposed to objection, it is so ordered. amendment SA 2089 submitted by Mr. Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).’’. ALEXANDER (for himself and Mrs. MUR- f RAY) to the bill S. 1177, to reauthorize SA 2214. Mr. MCCONNELL (for Mrs. the Elementary and Secondary Edu- FISCHER (for herself and Mr. NELSON)) PRIVILEGES OF THE FLOOR cation Act of 1965 to ensure that every proposed an amendment to the bill S. child achieves; which was ordered to lie 1359, to allow manufacturers to meet Mr. FRANKEN. Mr. President, I ask on the table; as follows: warranty and labeling requirements for unanimous consent that Boris On page 306, after line 23, add the fol- consumer products by displaying the Granovskiy, a fellow in my office, be lowing: terms of warranties on Internet granted floor privileges for the remain- ‘‘(V) conducting, and publicly reporting der of the 114th Congress. the results of, an annual assessment of edu- websites, and for other purposes; as follows: The PRESIDING OFFICER. Without cator support and working conditions that— objection, it is so ordered. On page 3, line 21, strike ‘‘on’’ and insert ‘‘(i) evaluates supports for teachers, lead- Ms. HEITKAMP. Mr. President, I ask ers, and other school personnel, such as— ‘‘for’’. ‘‘(I) teacher and principal perceptions of On page 4, line 1, insert ‘‘, through elec- unanimous consent that Molly John- availability of high-quality professional de- tronic or other means,’’ after ‘‘available’’. son, an intern in my office, be granted velopment and instructional materials; On page 4, line 3, strike ‘‘on’’ and insert floor privileges for the duration of to- ‘‘(II) timely availability of data on student ‘‘for’’. day’s session in the Senate. academic achievement and growth; f The PRESIDING OFFICER. Without ‘‘(III) the presence of high-quality instruc- AUTHORITY FOR COMMITTEES TO objection, it is so ordered. tional leadership; and MEET Mr. WYDEN. Mr. President, I ask ‘‘(IV) opportunities for professional unanimous consent that the following growth, such as career ladders and men- COMMITTEE ON ARMED SERVICES detailees, fellows, and interns on my toring and induction programs; Mr. ALEXANDER. Mr. President, I Finance Committee staff be granted ‘‘(ii) evaluates working conditions for ask unanimous consent that the Com- floor privileges for the remainder of teachers, leaders and other school personnel, mittee on Armed Services be author- such as— the session: Sara Brundage, Jenni ized to meet during the session of the ‘‘(I) school climate; Greenlee, Daniel Hafner, Ernie Jolly, Senate on July 9, 2015, at 9:30 a.m. ‘‘(II) school safety; Jennifer Kay, Nolan Mayther, Alex- The PRESIDING OFFICER. Without ‘‘(III) class size; andra Menardy, Tori Miller, J’Lill objection, it is so ordered. ‘‘(IV) availability and use of common plan- Mitchell, Nikesh Patel, Angelique ning time and opportunities to collaborate; COMMITTEE ON FOREIGN RELATIONS Salizan, and Jay Weismuller. and Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER. Without ‘‘(V) community engagement; ask unanimous consent that the Com- objection, it is so ordered. ‘‘(iii) is developed with teachers, leaders, mittee on Foreign Relations be author- other school personnel, parents, students, ized to meet during the session of the and the community; and f ‘‘(iv) includes the development and imple- Senate on July 9, 2015, at 10 a.m. mentation, with the groups described in The PRESIDING OFFICER. Without clause (iii), of a plan to address the results of objection, it is so ordered. AMENDING THE UNITED STATES COTTON FUTURES ACT the assessment described in this subpara- COMMITTEE ON HOMELAND SECURITY AND graph, which shall be publicly reported; and GOVERNMENTAL AFFAIRS Mr. MCCONNELL. Mr. President, I Mr. ALEXANDER. Mr. President, I ask unanimous consent that the Sen- Mr. VITTER submitted an SA 2213. ask unanimous consent that the Com- ate proceed to the immediate consider- amendment intended to be proposed to mittee on Homeland Security and Gov- ation of H.R. 2620, which is at the desk. amendment SA 2089 submitted by Mr. ernmental Affairs be authorized to The PRESIDING OFFICER. The ALEXANDER (for himself and Mrs. MUR- meet during the session of the Senate clerk will report the bill by title. RAY) to the bill S. 1177, to reauthorize on July 9, 2015, at 10 a.m., to conduct a The senior assistant legislative clerk the Elementary and Secondary Edu- hearing entitled ‘‘Understanding Amer- read as follows: cation Act of 1965 to ensure that every ica’s Long-Term Fiscal Picture.’’ child achieves; which was ordered to lie A bill (H.R. 2620) to amend the United The PRESIDING OFFICER. Without States Cotton Futures Act to exclude certain on the table; as follows: objection, it is so ordered. cotton futures contracts from coverage At the appropriate place, insert the fol- COMMITTEE ON THE JUDICIARY under such Act. lowing: Mr. ALEXANDER. Mr. President, I There being no objection, the Senate SEC. lll. LIMITATION ON GRANTS TO SANC- TUARY CITIES. ask unanimous consent that the Com- proceeded to consider the bill. Section 642 of the Illegal Immigration Re- mittee on the Judiciary be authorized Mr. MCCONNELL. Mr. President, I form and Immigrant Responsibility Act of to meet during the session of the Sen- ask unanimous consent that the bill be 1996 (8 U.S.C. 1373) is amended by adding at ate on July 9, 2015, at 10 a.m., in room read a third time and passed and the the end the following: SD–226 of the Dirksen Senate Office motion to reconsider be considered ‘‘(d) LIMITATION ON GRANTS TO SANCTUARY Building. made and laid upon the table. CITIES.— The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ‘‘(1) SANCTUARY CITY DEFINED.—In this sec- objection, it is so ordered. tion, the term ‘sanctuary city’ means a objection, it is so ordered. State or a political subdivision of a State SELECT COMMITTEE ON INTELLIGENCE The bill (H.R. 2620) was ordered to a that has in effect a statute, resolution, direc- Mr. ALEXANDER. Mr. President, I third reading, was read the third time, tive, policy, or practice that— ask unanimous consent that the Select and passed.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.075 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4980 CONGRESSIONAL RECORD — SENATE July 9, 2015 UNITED STATES MERCHANT MA- (B) to deposit all proceeds from the oper- under all conditions the President and, ex- RINE ACADEMY IMPROVEMENTS ation of Melville Hall, after expenses nec- cept to the extent the public alert and warn- ACT OF 2015 essary for the operation and maintenance of ing system is in use by the President, Fed- Melville Hall, into the account of the Regi- eral agencies and State, tribal, and local Mr. MCCONNELL. Mr. President, I mental Affairs Non-Appropriated Fund In- governments can alert and warn the civilian ask unanimous consent that the Sen- strumentality or successor entity, to be used population in areas endangered by natural ate proceed to the immediate consider- solely for the morale and welfare of the ca- disasters, acts of terrorism, and other man- ation of Calendar No. 93, S. 143. dets of the United States Merchant Marine made disasters or threats to public safety; The PRESIDING OFFICER. The Academy; and and clerk will report the bill by title. (2) prohibits the use of Melville Hall as ‘‘(2) implement the public alert and warn- The senior assistant legislative clerk lodging or an office by any person for more ing system to disseminate timely and effective warnings regarding natural disasters, read as follows: than 4 days in any calendar year other than— acts of terrorism, and other man-made disas- A bill (S. 143) to allow for improvements to (A) by the United States; or ters or threats to public safety. the United States Merchant Marine Acad- (B) for the administration and operation of ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In emy and for other purposes. Melville Hall. carrying out subsection (a), the Adminis- There being no objection, the Senate (e) DEFINITIONS.—In this section: trator shall— proceeded to consider the bill. (1) CONTRACT.—The term ‘‘contract’’ in- ‘‘(1) establish or adopt, as appropriate, Mr. MCCONNELL. I ask unanimous cludes any modification, extension, or re- common alerting and warning protocols, consent that the bill be read a third newal of the contract. standards, terminology, and operating procedures for the public alert and warning sys- time and passed and the motion to re- (2) FOUNDATION.—In this section, the term ‘‘Foundation’’ means the United States Mer- tem; consider be considered made and laid ‘‘(2) include in the public alert and warning upon the table. chant Marine Academy Alumni Association and Foundation, Inc. system the capability to adapt the distribu- The PRESIDING OFFICER. Without tion and content of communications on the (f) RULES OF CONSTRUCTION.—Nothing in objection, it is so ordered. this section may be construed under section basis of geographic location, risks, and mul- The bill (S. 143) was ordered to be en- 3105 of title 41, United States Code, as requir- tiple communication systems and technologies, as appropriate and to the extent grossed for a third reading, was read ing the Maritime Administrator to award a technically feasible; the third time, and passed, as follows: contract for the operation of Melville Hall to ‘‘(3) include in the public alert and warning the Foundation. S. 143 system the capability to alert, warn, and Be it enacted by the Senate and House of Rep- f provide equivalent information to individ- resentatives of the United States of America in INTEGRATED PUBLIC ALERT AND uals with disabilities, individuals with ac- Congress assembled, WARNING SYSTEM MODERNIZA- cess and functional needs, and individuals SECTION 1. SHORT TITLE. with limited-English proficiency, to the ex- This Act may be cited as the ‘‘United TION ACT OF 2015 tent technically feasible; States Merchant Marine Academy Improve- Mr. MCCONNELL. Mr. President, I ‘‘(4) ensure that training, tests, and exer- ments Act of 2015’’. ask unanimous consent that the Sen- cises are conducted for the public alert and SEC. 2. MELVILLE HALL OF UNITED STATES MER- ate proceed to the immediate consider- warning system, including by— ‘‘(A) incorporating the public alert and CHANT MARINE ACADEMY. ation of Calendar No. 132, S. 1180. (a) GIFT TO THE MERCHANT MARINE ACAD- warning system into other training and exer- EMY.—The Maritime Administrator may ac- The PRESIDING OFFICER. The cise programs of the Department, as appro- cept a gift of money from the Foundation clerk will report the bill by title. priate; under section 51315 of title 46, United States The senior assistant legislative clerk ‘‘(B) establishing and integrating into the Code, for the purpose of renovating Melville read as follows: National Incident Management System a Hall on the campus of the United States A bill (S. 1180) to amend the Homeland Se- comprehensive and periodic training pro- Merchant Marine Academy. curity Act of 2002 to direct the Adminis- gram to instruct and educate Federal, State, (b) COVERED GIFTS.—A gift described in trator of the Federal Emergency Manage- tribal, and local government officials in the this subsection is a gift under subsection (a) ment Agency to modernize the integrated use of the Common Alerting Protocol en- that the Maritime Administrator determines public alert and warning system of the abled Emergency Alert System; and exceeds the sum of— United States, and for other purposes. ‘‘(C) conducting, not less than once every 3 (1) the minimum amount that is sufficient years, periodic nationwide tests of the public to ensure the renovation of Melville Hall in There being no objection, the Senate alert and warning system; accordance with the capital improvement proceeded to consider the bill, which ‘‘(5) to the extent practicable, ensure that plan of the United States Merchant Marine had been reported from the Committee the public alert and warning system is resil- Academy that was in effect on the date of on Homeland Security and Govern- ient and secure and can withstand acts of enactment of this Act; and mental Affairs, with amendments, as terrorism and other external attacks; (2) 25 percent of the amount described in follows: ‘‘(6) conduct public education efforts so paragraph (1). (The parts of the bill intended to be that State, tribal, and local governments, (c) OPERATION CONTRACTS.—Subject to sub- private entities, and the people of the United section (d), in the case that the Maritime stricken are shown in boldface brack- States reasonably understand the functions Administrator accepts a gift of money de- ets and the parts of the bill intended to of the public alert and warning system and scribed in subsection (b), the Maritime Ad- be inserted are shown in italic.) how to access, use, and respond to informa- ministrator may enter into a contract with S. 1180 tion from the public alert and warning sys- the Foundation for the operation of Melville Be it enacted by the Senate and House of Rep- tem through a general market awareness Hall to make available facilities for, among resentatives of the United States of America in campaign; other possible uses, official academy func- Congress assembled, ‘‘(7) consult, coordinate, and cooperate tions, third-party catering functions, and in- with the appropriate private sector entities dustry events and conferences. SECTION 1. SHORT TITLE. and Federal, State, tribal, and local govern- (d) CONTRACT TERMS.—The contract de- This Act may be cited as the ‘‘Integrated mental authorities, including the Regional scribed in subsection (c) shall be for such pe- Public Alert and Warning System Mod- Administrators and emergency response pro- riod and on such terms as the Maritime Ad- ernization Act of 2015’’. viders; ministrator considers appropriate, including SEC. 2. INTEGRATED PUBLIC ALERT AND WARN- ‘‘(8) consult and coordinate with the Fed- a provision, mutually agreeable to the Mari- ING SYSTEM MODERNIZATION. eral Communications Commission, taking time Administrator and the Foundation, (a) IN GENERAL.—Title V of the Homeland into account rules and regulations promul- that— Security Act of 2002 (6 U.S.C. 311 et seq.) is gated by the Federal Communications Com- (1) requires the Foundation— amended by adding at the end the following: mission; and (A) at the expense solely of the Foundation ‘‘SEC. 526. INTEGRATED PUBLIC ALERT AND ‘‘(9) coordinate with and consider the rec- through the term of the contract to main- WARNING SYSTEM MODERNIZATION. ommendations of the Integrated Public Alert tain Melville Hall in a condition that is as ‘‘(a) IN GENERAL.—To provide timely and and Warning System Subcommittee estab- good as or better than the condition Melville effective warnings regarding natural disas- lished under section 2(b) of the Integrated Hall was in on the later of— ters, acts of terrorism, and other man-made Public Alert and Warning System Mod- (i) the date that the renovation of Melville disasters or threats to public safety, the Ad- ernization Act of 2015. Hall was completed; or ministrator shall— ‘‘(c) SYSTEM REQUIREMENTS.—The public (ii) the date that the Foundation accepted ‘‘(1) modernize the integrated public alert alert and warning system shall— Melville Hall after it was tendered to the and warning system of the United States (in ‘‘(1) to the extent determined appropriate Foundation by the Maritime Administrator; this section referred to as the ‘public alert by the Administrator, incorporate multiple and and warning system’) to help ensure that communications technologies;

VerDate Sep 11 2014 08:23 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.087 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4981 ‘‘(2) be designed to adapt to, and incor- composed of the following members (or their (B) entities engaged in federally funded re- porate, future technologies for commu- designees): search; and nicating directly with the public; (A) The Deputy Administrator for Protec- (C) academic institutions engaged in rel- ‘‘(3) to the extent technically feasible, be tion and National Preparedness of the Fed- evant work and research. designed— eral Emergency Management Agency. (6) RECOMMENDATIONS.—The Subcommittee ‘‘(A) to provide alerts to the largest por- (B) The Chairman of the Federal Commu- shall— tion of the affected population feasible, in- nications Commission. (A) develop recommendations for an inte- cluding nonresident visitors and tourists, in- (C) The Administrator of the National Oce- grated public alert and warning system; and dividuals with disabilities, individuals with anic and Atmospheric Administration of the (B) in developing the recommendations access and functional needs, and individuals Department of Commerce. under subparagraph (A), consider— with limited-English proficiency; and (D) The Assistant Secretary for Commu- (i) recommendations for common alerting ‘‘(B) to improve the ability of remote areas nications and Information of the Department and warning protocols, standards, termi- to receive alerts; of Commerce. nology, and operating procedures for the ‘‘(4) promote local and regional public and (E) The Under Secretary for Science and public alert and warning system; and private partnerships to enhance community Technology of the Department of Homeland (ii) recommendations to provide for a pub- preparedness and response; Security. lic alert and warning system that— ‘‘(5) provide redundant alert mechanisms (F) The Under Secretary for the National (I) has the capability to adapt the distribu- where practicable so as to reach the greatest Protection and Programs Directorate. tion and content of communications on the number of people; and basis of geographic location, risks, or per- (G) The Director of Disability Integration ‘‘(6) to the extent feasible, include a mech- sonal user preferences, as appropriate; and Coordination of the Federal Emergency anism to ensure the protection of individual (II) has the capability to alert and warn in- Management Agency. privacy. dividuals with disabilities and individuals (H) The Chairperson of the National Coun- ‘‘(d) USE OF SYSTEM.—Except to the extent with limited-English proficiency; cil on Disability. necessary for testing the public alert and (III) to the extent appropriate, incor- (I) Qualified individuals appointed by the warning system, the public alert and warn- porates multiple communications tech- Administrator as soon as practicable after ing system shall not be used to transmit a nologies; message that does not relate to a natural the date of enactment of this Act from (IV) is designed to adapt to, and incor- disaster, act of terrorism, or other man- among the following: porate, future technologies for commu- made disaster or threat to public safety. (i) Representatives of State and local gov- nicating directly with the public; ‘‘(e) PERFORMANCE REPORTS.— ernments, representatives of emergency (V) is designed to provide alerts to the ‘‘(1) IN GENERAL.—Not later than 1 year management agencies, and representatives largest portion of the affected population after the date of enactment of the Integrated of emergency response providers. feasible, including nonresident visitors and Public Alert and Warning System Mod- (ii) Representatives from federally recog- tourists, and improve the ability of remote ernization Act of 2015, and annually there- nized Indian tribes and national Indian orga- areas to receive alerts; after through 2018, the Administrator shall nizations. (VI) promotes local and regional public and make available on the public website of the (iii) Individuals who have the requisite private partnerships to enhance community Agency a performance report, which shall— technical knowledge and expertise to serve preparedness and response; and ‘‘(A) establish performance goals for the on the Subcommittee, including representa- (VII) provides redundant alert mecha- implementation of the public alert and warn- tives of— nisms, if practicable, to reach the greatest ing system by the Agency; (I) communications service providers; number of people regardless of whether they ‘‘(B) describe the performance of the public (II) vendors, developers, and manufacturers have access to, or use, any specific medium alert and warning system, including— of systems, facilities, equipment, and capa- of communication or any particular device. ‘‘(i) the type of technology used for alerts bilities for the provision of communications (7) REPORT.— and warnings issued under the system; services; (A) SUBCOMMITTEE SUBMISSION.—Not later ‘‘(ii) the measures taken to alert, warn, (III) third-party service bureaus; than 1 year after the date of enactment of and provide equivalent information to indi- (IV) the broadcasting industry, including this Act, the Subcommittee shall submit to viduals with disabilities, individuals with ac- public broadcasting; the National Advisory Council a report con- cess and function needs, and individuals with (V) the commercial mobile radio service taining any recommendations required to be limited-English proficiency; and industry; developed under paragraph (6) for approval ‘‘(iii) the training, tests, and exercises per- (VI) the cable industry; by the National Advisory Council. formed and the outcomes obtained by the (VII) the satellite industry; (B) SUBMISSION BY NATIONAL ADVISORY Agency; (VIII) national organizations representing COUNCIL.—If the National Advisory Council ‘‘(C) identify significant challenges to the individuals with disabilities, the blind, deaf, approves the recommendations contained in effective operation of the public alert and and hearing-loss communities, individuals the report submitted under subparagraph warning system and any plans to address with access and functional needs, and the el- (A), the National Advisory Council shall sub- these challenges; derly; mit the report to— ‘‘(D) identify other necessary improve- (IX) consumer or privacy advocates; and (i) the head of each agency represented on ments to the system; and (X) organizations representing individuals the Subcommittee; ‘‘(E) provide an analysis comparing the with limited-English proficiency. (ii) the Committee on Homeland Security performance of the public alert and warning (iv) Qualified representatives of such other and Governmental Affairs and the Com- system with the performance goals estab- stakeholders and interested and affected par- mittee on Commerce, Science, and Transpor- lished under subparagraph (A). ties as the Administrator considers appro- tation of the Senate; and ‘‘(2) CONGRESS.—The Administrator shall priate. (iii) the Committee on Homeland Security submit to the Committee on Homeland Secu- (3) CHAIRPERSON.—The Deputy Adminis- and the Committee on Transportation and rity and Governmental Affairs and the Com- trator for Protection and National Prepared- Infrastructure of the House of Representa- mittee on Commerce, Science, and Transpor- ness of the Federal Emergency Management tives. tation of the Senate and the Committee on Agency shall serve as the Chairperson of the (8) TERMINATION.—The Subcommittee shall Transportation and Infrastructure and the Subcommittee. terminate not later than 3 years after the Committee on Homeland Security of the (4) MEETINGS.— date of enactment of this Act. House of Representatives each report re- (A) INITIAL MEETING.—The initial meeting (c) AUTHORIZATION OF APPROPRIATIONS.— quired under paragraph (1).’’. of the Subcommittee shall take place not There are authorized to be appropriated to (b) INTEGRATED PUBLIC ALERT AND WARN- later than 120 days after the date of enact- carry out this Act and the amendments ING SYSTEM SUBCOMMITTEE.— ment of this Act. made by this Act such sums as may be nec- (1) ESTABLISHMENT.—Not later than 90 days (B) OTHER MEETINGS.—After the initial essary for each of fiscal years 2016, 2017, and after the date of enactment of this Act, the meeting, the Subcommittee shall meet, at 2018. Administrator of the Federal Emergency least annually, at the call of the Chair- (d) LIMITATIONS ON STATUTORY CONSTRUC- Management Agency (in this subsection re- person. TION.— ferred to as the ‘‘Administrator’’) shall es- (5) CONSULTATION WITH NONMEMBERS.—The (1) DEFINITION.—In this subsection, the tablish a subcommittee to the National Ad- Subcommittee and the program offices for term ‘‘participating commercial mobile serv- visory Council established under section 508 the integrated public alert and warning sys- ice provider’’ has the meaning given that of the Homeland Security Act of 2002 (6 tem for the United States shall consult with term under section 10.10(f) of title 47, Code of U.S.C. 318) to be known as the Integrated individuals and entities that are not rep- Federal Regulations, as in effect on the date Public Alert and Warning System Sub- resented on the Subcommittee to consider of enactment of this Act. committee (in this subsection referred to as new and developing technologies that may be (2) LIMITATIONS.—Nothing in this Act, in- the ‘‘Subcommittee’’). beneficial to the public alert and warning cluding an amendment made by this Act, (2) MEMBERSHIP.—Notwithstanding section system, including— shall be construed— 508(c) of the Homeland Security Act of 2002 (6 (A) the Defense Advanced Research (A) to affect any authority— U.S.C. 318(c)), the Subcommittee shall be Projects Agency; (i) of the Department of Commerce;

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.054 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4982 CONGRESSIONAL RECORD — SENATE July 9, 2015 (ii) of the Federal Communications Com- dures for the public alert and warning sys- ‘‘(6) to the extent feasible, include a mech- mission; or tem; anism to ensure the protection of individual (iii) provided under the Robert T. Stafford ‘‘(2) include in the public alert and warning privacy. Disaster Relief and Emergency Assistance system the capability to adapt the distribu- ‘‘(d) USE OF SYSTEM.—Except to the extent Act (42 U.S.C. 5121 et seq.); tion and content of communications on the necessary for testing the public alert and (B) to provide the Secretary of Homeland basis of geographic location, risks, and mul- warning system, the public alert and warn- Security with authority to require any ac- tiple communication systems and tech- ing system shall not be used to transmit a tion by the Department of Commerce, the nologies, as appropriate and to the extent message that does not relate to a natural Federal Communications Commission, or technically feasible; disaster, act of terrorism, or other man- any nongovernmental entity; ‘‘(3) include in the public alert and warning made disaster or threat to public safety. (C) to apply to, or to provide the Adminis- system the capability to alert, warn, and ‘‘(e) PERFORMANCE REPORTS.— trator of the Federal Emergency Manage- provide equivalent information to individ- ‘‘(1) IN GENERAL.—Not later than 1 year ment Agency with authority over, any par- uals with disabilities, individuals with ac- after the date of enactment of the Integrated ticipating commercial mobile service process and functional needs, and individuals Public Alert and Warning System Mod- vider; øor¿ with limited-English proficiency, to the ex- ernization Act of 2015, and annually there- (D) to alter in any way the wireless emer- tent technically feasible; after through 2018, the Administrator shall gency alerts service established under the ‘‘(4) ensure that training, tests, and exer- make available on the public website of the Warning, Alert, and Response Network Act cises are conducted for the public alert and Agency a performance report, which shall— (47 U.S.C. 1201 et seq.) or any related orders warning system, including by— ‘‘(A) establish performance goals for the issued by the Federal Communications Com- ‘‘(A) incorporating the public alert and implementation of the public alert and warn- mission after October 13, ø2006.¿ 2006; or warning system into other training and exer- ing system by the Agency; (E) to provide the Federal Emergency Man- cise programs of the Department, as appro- ‘‘(B) describe the performance of the public agement Agency with authority to require a priate; alert and warning system, including— State or local jurisdiction to use the integrated ‘‘(B) establishing and integrating into the ‘‘(i) the type of technology used for alerts public alert and warning system of the United National Incident Management System a and warnings issued under the system; States. comprehensive and periodic training pro- ‘‘(ii) the measures taken to alert, warn, Mr. MCCONNELL. I ask unanimous gram to instruct and educate Federal, State, and provide equivalent information to indi- consent that the committee-reported tribal, and local government officials in the viduals with disabilities, individuals with ac- amendments be agreed to, the bill, as use of the Common Alerting Protocol en- cess and function needs, and individuals with amended, be read a third time and abled Emergency Alert System; and limited-English proficiency; and passed, and the motion to reconsider be ‘‘(C) conducting, not less than once every 3 ‘‘(iii) the training, tests, and exercises per- years, periodic nationwide tests of the public considered made and laid upon the formed and the outcomes obtained by the alert and warning system; Agency; table. ‘‘(5) to the extent practicable, ensure that ‘‘(C) identify significant challenges to the The PRESIDING OFFICER. Without the public alert and warning system is resil- effective operation of the public alert and objection, it is so ordered. ient and secure and can withstand acts of warning system and any plans to address The committee-reported amendments terrorism and other external attacks; these challenges; were agreed to. ‘‘(6) conduct public education efforts so ‘‘(D) identify other necessary improve- The bill (S. 1180), as amended, was or- that State, tribal, and local governments, ments to the system; and dered to be engrossed for a third read- private entities, and the people of the United ‘‘(E) provide an analysis comparing the ing, was read the third time, and States reasonably understand the functions performance of the public alert and warning of the public alert and warning system and passed, as follows: system with the performance goals estab- how to access, use, and respond to informa- lished under subparagraph (A). S. 1180 tion from the public alert and warning sys- ‘‘(2) CONGRESS.—The Administrator shall Be it enacted by the Senate and House of Rep- tem through a general market awareness submit to the Committee on Homeland Secu- resentatives of the United States of America in campaign; rity and Governmental Affairs and the Com- Congress assembled, ‘‘(7) consult, coordinate, and cooperate mittee on Commerce, Science, and Transpor- SECTION 1. SHORT TITLE. with the appropriate private sector entities tation of the Senate and the Committee on This Act may be cited as the ‘‘Integrated and Federal, State, tribal, and local govern- Transportation and Infrastructure and the Public Alert and Warning System Mod- mental authorities, including the Regional Committee on Homeland Security of the ernization Act of 2015’’. Administrators and emergency response pro- House of Representatives each report re- SEC. 2. INTEGRATED PUBLIC ALERT AND WARN- viders; quired under paragraph (1).’’. ING SYSTEM MODERNIZATION. ‘‘(8) consult and coordinate with the Fed- (b) INTEGRATED PUBLIC ALERT AND WARN- (a) IN GENERAL.—Title V of the Homeland eral Communications Commission, taking ING SYSTEM SUBCOMMITTEE.— Security Act of 2002 (6 U.S.C. 311 et seq.) is into account rules and regulations promul- (1) ESTABLISHMENT.—Not later than 90 days amended by adding at the end the following: gated by the Federal Communications Com- after the date of enactment of this Act, the ‘‘SEC. 526. INTEGRATED PUBLIC ALERT AND mission; and Administrator of the Federal Emergency WARNING SYSTEM MODERNIZATION. ‘‘(9) coordinate with and consider the rec- Management Agency (in this subsection re- ‘‘(a) IN GENERAL.—To provide timely and ommendations of the Integrated Public Alert ferred to as the ‘‘Administrator’’) shall es- effective warnings regarding natural disas- and Warning System Subcommittee estab- tablish a subcommittee to the National Ad- ters, acts of terrorism, and other man-made lished under section 2(b) of the Integrated visory Council established under section 508 disasters or threats to public safety, the Ad- Public Alert and Warning System Mod- of the Homeland Security Act of 2002 (6 ministrator shall— ernization Act of 2015. U.S.C. 318) to be known as the Integrated ‘‘(1) modernize the integrated public alert ‘‘(c) SYSTEM REQUIREMENTS.—The public Public Alert and Warning System Sub- and warning system of the United States (in alert and warning system shall— committee (in this subsection referred to as this section referred to as the ‘public alert ‘‘(1) to the extent determined appropriate the ‘‘Subcommittee’’). and warning system’) to help ensure that by the Administrator, incorporate multiple (2) MEMBERSHIP.—Notwithstanding section under all conditions the President and, ex- communications technologies; 508(c) of the Homeland Security Act of 2002 (6 cept to the extent the public alert and warn- ‘‘(2) be designed to adapt to, and incor- U.S.C. 318(c)), the Subcommittee shall be ing system is in use by the President, Fed- porate, future technologies for commu- composed of the following members (or their eral agencies and State, tribal, and local nicating directly with the public; designees): governments can alert and warn the civilian ‘‘(3) to the extent technically feasible, be (A) The Deputy Administrator for Protec- population in areas endangered by natural designed— tion and National Preparedness of the Fed- disasters, acts of terrorism, and other man- ‘‘(A) to provide alerts to the largest por- eral Emergency Management Agency. made disasters or threats to public safety; tion of the affected population feasible, in- (B) The Chairman of the Federal Commu- and cluding nonresident visitors and tourists, in- nications Commission. ‘‘(2) implement the public alert and warn- dividuals with disabilities, individuals with (C) The Administrator of the National Oce- ing system to disseminate timely and effec- access and functional needs, and individuals anic and Atmospheric Administration of the tive warnings regarding natural disasters, with limited-English proficiency; and Department of Commerce. acts of terrorism, and other man-made disas- ‘‘(B) to improve the ability of remote areas (D) The Assistant Secretary for Commu- ters or threats to public safety. to receive alerts; nications and Information of the Department ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In ‘‘(4) promote local and regional public and of Commerce. carrying out subsection (a), the Adminis- private partnerships to enhance community (E) The Under Secretary for Science and trator shall— preparedness and response; Technology of the Department of Homeland ‘‘(1) establish or adopt, as appropriate, ‘‘(5) provide redundant alert mechanisms Security. common alerting and warning protocols, where practicable so as to reach the greatest (F) The Under Secretary for the National standards, terminology, and operating proce- number of people; and Protection and Programs Directorate.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.054 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4983 (G) The Director of Disability Integration basis of geographic location, risks, or per- (47 U.S.C. 1201 et seq.) or any related orders and Coordination of the Federal Emergency sonal user preferences, as appropriate; issued by the Federal Communications Com- Management Agency. (II) has the capability to alert and warn in- mission after October 13, 2006; or (H) The Chairperson of the National Coun- dividuals with disabilities and individuals (E) to provide the Federal Emergency Man- cil on Disability. with limited-English proficiency; agement Agency with authority to require a (I) Qualified individuals appointed by the (III) to the extent appropriate, incor- State or local jurisdiction to use the inte- Administrator as soon as practicable after porates multiple communications tech- grated public alert and warning system of the date of enactment of this Act from nologies; the United States. among the following: (IV) is designed to adapt to, and incor- f (i) Representatives of State and local gov- porate, future technologies for commu- ernments, representatives of emergency nicating directly with the public; E–WARRANTY ACT OF 2015 (V) is designed to provide alerts to the management agencies, and representatives Mr. MCCONNELL. Mr. President, I largest portion of the affected population of emergency response providers. ask unanimous consent that the Sen- (ii) Representatives from federally recog- feasible, including nonresident visitors and tourists, and improve the ability of remote ate proceed to the immediate consider- nized Indian tribes and national Indian orga- ation of Calendar No. 142, S. 1359. nizations. areas to receive alerts; (iii) Individuals who have the requisite (VI) promotes local and regional public and The PRESIDING OFFICER. The technical knowledge and expertise to serve private partnerships to enhance community clerk will report the bill by title. preparedness and response; and on the Subcommittee, including representa- The senior assistant legislative clerk (VII) provides redundant alert mecha- tives of— read as follows: nisms, if practicable, to reach the greatest (I) communications service providers; number of people regardless of whether they A bill (S. 1359) to allow manufacturers to (II) vendors, developers, and manufacturers have access to, or use, any specific medium meet warranty and labeling requirements for of systems, facilities, equipment, and capa- of communication or any particular device. consumer products by displaying the terms bilities for the provision of communications (7) REPORT.— of warranties on Internet websites, and for services; (A) SUBCOMMITTEE SUBMISSION.—Not later other purposes. (III) third-party service bureaus; than 1 year after the date of enactment of There being no objection, the Senate (IV) the broadcasting industry, including this Act, the Subcommittee shall submit to proceeded to consider the bill. public broadcasting; the National Advisory Council a report con- (V) the commercial mobile radio service Mr. MCCONNELL. Mr. President, I taining any recommendations required to be ask unanimous consent that the Fisch- industry; developed under paragraph (6) for approval (VI) the cable industry; by the National Advisory Council. er-Nelson amendment be agreed to; the (VII) the satellite industry; (B) SUBMISSION BY NATIONAL ADVISORY bill, as amended, be read a third time (VIII) national organizations representing COUNCIL.—If the National Advisory Council and passed; and the motion to recon- individuals with disabilities, the blind, deaf, approves the recommendations contained in sider be considered made and laid upon and hearing-loss communities, individuals the report submitted under subparagraph the table. with access and functional needs, and the el- (A), the National Advisory Council shall sub- The PRESIDING OFFICER. Without derly; mit the report to— (IX) consumer or privacy advocates; and objection, it is so ordered. (i) the head of each agency represented on The amendment (No. 2214) was agreed (X) organizations representing individuals the Subcommittee; with limited-English proficiency. (ii) the Committee on Homeland Security to, as follows: (iv) Qualified representatives of such other and Governmental Affairs and the Com- (Purpose: To improve the bill) stakeholders and interested and affected par- mittee on Commerce, Science, and Transpor- ties as the Administrator considers appro- On page 3, line 21, strike ‘‘on’’ and insert tation of the Senate; and ‘‘for’’. priate. (iii) the Committee on Homeland Security (3) CHAIRPERSON.—The Deputy Adminis- On page 4, line 1, insert ‘‘, through elec- and the Committee on Transportation and tronic or other means,’’ after ‘‘available’’. trator for Protection and National Prepared- Infrastructure of the House of Representa- ness of the Federal Emergency Management On page 4, line 3, strike ‘‘on’’ and insert tives. ‘‘for’’. Agency shall serve as the Chairperson of the (8) TERMINATION.—The Subcommittee shall Subcommittee. The bill (S. 1359), as amended, was or- terminate not later than 3 years after the dered to be engrossed for a third read- (4) MEETINGS.— date of enactment of this Act. (A) INITIAL MEETING.—The initial meeting (c) AUTHORIZATION OF APPROPRIATIONS.— ing, was read the third time, and of the Subcommittee shall take place not There are authorized to be appropriated to passed, as follows: later than 120 days after the date of enact- carry out this Act and the amendments S. 1359 ment of this Act. made by this Act such sums as may be nec- Be it enacted by the Senate and House of Rep- (B) OTHER MEETINGS.—After the initial essary for each of fiscal years 2016, 2017, and resentatives of the United States of America in meeting, the Subcommittee shall meet, at 2018. Congress assembled, least annually, at the call of the Chair- (d) LIMITATIONS ON STATUTORY CONSTRUC- person. TION.— SECTION 1. SHORT TITLE. (5) CONSULTATION WITH NONMEMBERS.—The (1) DEFINITION.—In this subsection, the This Act may be cited as the ‘‘E-Warranty Subcommittee and the program offices for term ‘‘participating commercial mobile serv- Act of 2015’’. the integrated public alert and warning sys- ice provider’’ has the meaning given that SEC. 2. FINDINGS. tem for the United States shall consult with term under section 10.10(f) of title 47, Code of Congress makes the following findings: individuals and entities that are not rep- Federal Regulations, as in effect on the date (1) Many manufacturers and consumers resented on the Subcommittee to consider of enactment of this Act. prefer to have the option to provide or re- new and developing technologies that may be (2) LIMITATIONS.—Nothing in this Act, in- ceive warranty information online. beneficial to the public alert and warning cluding an amendment made by this Act, (2) Modernizing warranty notification rules system, including— shall be construed— is necessary to allow the United States to (A) the Defense Advanced Research (A) to affect any authority— continue to compete globally in manufac- Projects Agency; (i) of the Department of Commerce; turing, trade, and the development of con- (B) entities engaged in federally funded re- (ii) of the Federal Communications Com- sumer products connected to the Internet. search; and mission; or (3) Allowing an electronic warranty option (C) academic institutions engaged in rel- (iii) provided under the Robert T. Stafford would expand consumer access to relevant evant work and research. Disaster Relief and Emergency Assistance consumer information in an environmentally (6) RECOMMENDATIONS.—The Subcommittee Act (42 U.S.C. 5121 et seq.); friendly way, and would provide additional shall— (B) to provide the Secretary of Homeland flexibility to manufacturers to meet their la- (A) develop recommendations for an inte- Security with authority to require any ac- beling and warranty requirements. grated public alert and warning system; and tion by the Department of Commerce, the SEC. 3. ELECTRONIC DISPLAY OF TERMS OF (B) in developing the recommendations Federal Communications Commission, or WRITTEN WARRANTY FOR CON- under subparagraph (A), consider— any nongovernmental entity; SUMER PRODUCTS. (i) recommendations for common alerting (C) to apply to, or to provide the Adminis- (a) IN GENERAL.—Section 102(b) of the Mag- and warning protocols, standards, termi- trator of the Federal Emergency Manage- nuson-Moss Warranty—Federal Trade Com- nology, and operating procedures for the ment Agency with authority over, any par- mission Improvement Act (15 U.S.C. 2302(b)) public alert and warning system; and ticipating commercial mobile service pro- is amended by adding at the end the fol- (ii) recommendations to provide for a pub- vider; lowing: lic alert and warning system that— (D) to alter in any way the wireless emer- ‘‘(4)(A) Except as provided in subparagraph (I) has the capability to adapt the distribu- gency alerts service established under the (B), the rules prescribed under this sub- tion and content of communications on the Warning, Alert, and Response Network Act section shall allow for the satisfaction of all

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Mr. President, I there is no further business to come be- website of the manufacturer of the consumer ask unanimous consent that notwith- fore the Senate, I ask unanimous con- product in a clear and conspicuous manner; standing the adoption of the Gardner sent that it stand adjourned under the and amendment No. 2119, that the modifica- previous order. ‘‘(ii) providing to the consumer (or pro- tion of the page and line numbers, There being no objection, the Senate, spective consumer) information with respect at 6:34 p.m., adjourned until Monday, to how to obtain and review such terms by which is at the desk, be made. indicating on the product or product pack- The PRESIDING OFFICER. Without July 13, 2015, at 3 p.m. aging or in the product manual— objection, it is so ordered. f ‘‘(I) the Internet website of the manufac- The amendment (No. 2119), as modi- turer where such terms can be obtained and fied, is as follows: NOMINATIONS reviewed; and On page 19, line 24, insert ‘‘public charter Executive nominations received by ‘‘(II) the phone number of the manufac- school representatives (if applicable),’’ be- the Senate: turer, the postal mailing address of the man- fore ‘‘specialized’’. THE JUDICIARY ufacturer, or another reasonable non-Inter- On page 98, line 10, insert ‘‘public charter net based means of contacting the manufac- school representatives (if applicable),’’ after DARLENE MICHELE SOLTYS, OF THE DISTRICT OF CO- turer to obtain and review such terms. LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR ‘‘leaders,’’. COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM ‘‘(B) With respect to any requirement that OF FIFTEEN YEARS, VICE NATALIA COMBS GREENE, RE- the terms of any written warranty for a con- f TIRED. sumer product be made available to the con- IN THE AIR FORCE LETTER OF RESIGNATION FROM sumer (or prospective consumer) prior to THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED sale of the product, in a case in which a con- THE U.S. AIR FORCE ACADEMY STATES OFFICERS FOR APPOINTMENT IN THE RESERVE sumer product is offered for sale in a retail BOARD OF VISITORS OF THE AIR FORCE TO THE GRADE INDICATED UNDER location, by catalog, or through door-to-door TITLE 10, U.S.C., SECTIONS 12203 AND 12212: sales, subparagraph (A) shall only apply if Mr. MCCONNELL. Mr. President, I To be brigadier general the seller makes available, through elec- ask unanimous consent that the fol- COLONEL DAVID W. ASHLEY tronic or other means, at the location of the lowing letter of resignation from the COLONEL JEREMY O. BAENEN COLONEL STEPHEN F. BAGGERLY sale to the consumer purchasing the con- U.S. Air Force Academy Board of Visi- COLONEL SAMUEL W. BLACK sumer product the terms of the warranty for tors be printed in the RECORD. COLONEL CHRISTINE M. BURCKLE the consumer product before the purchase.’’. COLONEL DAVID B. BURGY There being no objection, the mate- COLONEL JANUS D. BUTCHER (b) REVISION OF RULES.— rial was ordered to be printed in the COLONEL JOHN D. CAINE (1) IN GENERAL.—Not later than 1 year after RECORD, as follows: COLONEL CRAIG A. CAMPBELL the date of the enactment of this Act, the COLONEL JOSEPH S. CHISOLM COLONEL FLOYD W. DUNSTAN Federal Trade Commission shall revise the U.S. SENATE, July 8, 2015. COLONEL DOUGLAS A. FARNHAM rules prescribed under such section to com- COLONEL LAURIE M. FARRIS ply with the requirements of paragraph (4) of Hon. JOSEPH R. BIDEN, Jr. COLONEL JERRY L. FENWICK COLONEL DAWN M. FERRELL such section, as added by subsection (a) of Vice President of the United States, The White House, Washington, DC. COLONEL DOUGLAS E. FICK this section. COLONEL ARTHUR J. FLORU DEAR MR. VICE PRESIDENT: I have been (2) AUTHORITY TO WAIVE REQUIREMENT FOR COLONEL DONALD A. FURLAND honored to serve as a member of the U.S. Air COLONEL TIMOTHY H. GAASCH ORAL PRESENTATION.—In revising rules under Force Academy Board of Visitors for the COLONEL KERRY M. GENTRY paragraph (1), the Federal Trade Commission COLONEL JEROME M. GOUHIN may waive the requirement of section 109(a) past four years. I have appreciated the op- COLONEL RANDY E. GREENWOOD COLONEL ROBERT J. GREY, JR. of such Act (15 U.S.C. 2309(a)) to give inter- portunity to represent and advise one of the finest military academies in the world. COLONEL EDITH M. GRUNWALD ested persons an opportunity for oral presen- COLONEL GREGORY M. HENDERSON tation if the Commission determines that Serving as a member of the Board has been COLONEL ELIZABETH A. HILL COLONEL JOHN S. JOSEPH giving interested persons such opportunity one of the great honors of my career. How- ever, due to my increasingly demanding COLONEL JILL A. LANNAN would interfere with the ability of the Com- COLONEL JAMES M. LEFAVOR mission to revise rules under paragraph (1) in schedule, I regret that I must resign from COLONEL JEFFREY A. LEWIS my position. I am fully confident that your COLONEL TIMOTHY T. LUNDERMAN a timely manner. COLONEL ERIC W. MANN next appointee will be an outstanding person COLONEL BETTY J. MARSHALL of character who embodies the values and COLONEL SHERRIE L. MCCANDLESS f ideals of the U.S. Air Force. COLONEL KEVIN T. MCMANAMAN COLONEL DAVID J. MEYER Again, thank you for the opportunity to COLONEL ROBERT A. MEYER, JR. RESOLUTIONS SUBMITTED TODAY serve the men and women of the Air Force COLONEL STEVEN S. NORDHAUS Academy. COLONEL SCOTT W. NORMANDEAU Mr. MCCONNELL. Mr. President, I COLONEL RICHARD C. OXNER, JR. Sincerely, COLONEL KIRK S. PIERCE ask unanimous consent that the Sen- LINDSEY O. GRAHAM, COLONEL THERESA B. PRINCE ate now proceed to the en bloc consid- U.S. Senator. COLONEL DAVID L. ROMUALD COLONEL EDWARD A. SAULEY III eration of the following Senate resolu- COLONEL KEITH A. SCHELL f tions, which were submitted earlier COLONEL BRIAN M. SIMPLER COLONEL CHARLES G. STEVENSON today: S. Res. 219, designating July 25, ORDERS FOR MONDAY, JULY 13, COLONEL BRADLEY A. SWANSON 2015, as ‘‘National Day of the American COLONEL DEAN A. TREMPS 2015 COLONEL WILLIAM M. VALENTINE Cowboy’’; S. Res. 220, commemorating COLONEL RICHARD W. WEDAN Mr. MCCONNELL. Mr. President, I the 50th Anniversary of the Medora THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ask unanimous consent that when the Musical; and S. Res. 221, recognizing IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Senate completes its business today, it CATED UNDER TITLE 10, U.S.C., SECTION 624: the 100th anniversary of Rocky Moun- adjourn until 3 p.m. on Monday, July To be brigadier general tain National Park. 13; that following the prayer and COL. STEVEN A. SCHAICK There being no objection, the Senate pledge, the morning hour be deemed IN THE ARMY proceeded to consider the resolutions expired, the Journal of proceedings be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT en bloc. approved to date, and the time for the IN THE RESERVE OF THE ARMY TO THE GRADE INDI- Mr. MCCONNELL. I ask unanimous two leaders be reserved for their use CATED UNDER TITLE 10, U.S.C., SECTION 12203: consent that the resolutions be agreed later in the day; that following leader To be brigadier general to, the preambles be agreed to, and the remarks, the Senate be in a period of COL. JEFFREY A. DOLL motions to reconsider be considered morning business for 1 hour, with Sen- f made and laid upon the table en bloc. ators permitted to speak therein for up The PRESIDING OFFICER. Without to 10 minutes each; that lastly, fol- DISCHARGED NOMINATION objection, it is so ordered. lowing morning business, the Senate The Senate Committee on Energy (The resolutions, with their pre- then resume consideration of S. 1177. and Natural Resources was discharged ambles, are printed in today’s RECORD The PRESIDING OFFICER. Without from further consideration of the fol- under ‘‘Submitted Resolutions.’’) objection, it is so ordered. lowing nomination pursuant to the

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STUDENT SUCCESS ACT RECOGNIZING THE DEDICATED IN HONOR OF MIKE ROOS SERVICE OF JOE VIOLANTE TO SPEECH OF OUR GREAT NATION AND HER HON. SAM FARR WARRIORS HON. YVETTE D. CLARKE OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER Thursday, July 9, 2015 OF FLORIDA Wednesday, February 25, 2015 Mr. FARR. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES honor the long and distinguished public serv- The House in Committee of the Whole ice career of our friend, Mr. Mike Roos. I had House on the state of the Union had under Thursday, July 9, 2015 the great honor of working with Mike as col- consideration the bill (H.R. 5) to support leagues in the California State Assembly along State and local accountability for public Mr. MILLER of Florida. Mr. Speaker, on July education, protect State and local authority, 31, our Nation’s veterans will lose one of their with several other current and former mem- inform parents of the performance of their strongest advocates when Joe Violante retires bers of this House. I count myself fortunate to children’s schools, and for other purposes: as the National Legislative Director for the Dis- call him a good friend. After many years of public service, Mike is retiring from Mike Roos Ms. CLARKE of New York. Mr. Chair, I rise abled American Veterans at DAV’s National and Company, the public affairs firm that he in opposition to H.R. 5 The Student Success Service and Legislative Headquarters here in founded in 1999, and turning to the next chap- Act. I rise in opposition to this bill because Washington, DC. ter of his life. education is a civil right. The Elementary and A New Jersey native, Mr. Violante joined the The firm that Mike shaped specializes in Secondary Schools Act, also known as ESEA, Marine Corps in 1969. He served with the 2nd government relations, corporate issues man- was initially passed in 1965 as part of Presi- Battalion, 4th Marines and Battalion Landing agement, media relations, and ballot measure dent Johnson’s ‘‘War on Poverty.’’ President Team 2/4 in Southeast Asia where he was in- campaigns. Prior to establishing Mike Roos Johnson understood that without a good edu- jured. After being discharged in 1972 with the and Company, Mike served as President and cation, economic stability was impossible and rank of sergeant, Mr. Violante received a CEO of the Los Angeles Alliance for Restruc- poverty inevitable. bachelor’s degree in history and political science from the University of New Mexico, turing Now, a coalition of business and civic The goal of the original ESEA was to pro- leaders from the Los Angeles Area dedicated vide a fair and equitable education to every and eventually earned his law degree from San Fernando Valley College of Law, in Cali- to implementing systemic reform and restruc- child in America. Unfortunately, H.R. 5 is nei- turing within the Los Angeles Unified School ther fair nor equitable. This bill creates the fornia. Following private practice in California, Mr. Violante began working as a VA Staff At- District. His significant efforts in this capacity warped concept of Title I Portability, which have undoubtedly changed countless lives of would shift resources from poor school dis- torney at the Board of Veterans’ Appeals in 1985. But Joe felt he could better-serve vet- children in the Los Angeles area for the better. tricts such as the ones in my district of Brook- Mike’s distinguished Assembly career began erans by working for an organization that ad- lyn, New York to wealthier communities. Chil- in 1977. He earned the love and respect of vocates for veterans. dren in poor districts stand to lose upward of both his Democratic and Republican col- $85 per student, while children in wealthier Leaving the VA, Mr. Violante joined DAV’s leagues. His own caucus chose him Majority communities would gain an average of $290 professional staff as Staff Counsel/Judicial Ap- Floor Leader in his second term, a position he dollars per student. peals Representative at the United States held until his 1987 election as Assembly It ends the Safe and Drug Free Schools Court of Appeals for Veterans Claims in 1990. Speaker Pro Tempore. He had the reputation Program, among 70 other programs also slat- Following his time at the Board, Mr. Violante as a genuine legislator—someone who used ed for elimination. You would think that with was appointed Legislative Counsel for DAV in the power of lawmaking to make the lives of the rise in school shootings and rampant 1992 and was later promoted to Deputy Na- the People of California better. Perhaps his school violence, that if we ever needed a Safe tional Legislative Director in 1996 and Legisla- most well known achievement is the Mello and Drug Free School Program it would be tive Director in 1997. In addition to his work at Roos Community Facilities Act of 1982 and now. DAV, Mr. Violante has served on numerous the Roberti-Roos Weapons Control Act of It also eliminates Title III, which helped to boards and committees. 1989. Mike authored the finest and strictest ensure that English Language Learners attain Mr. Violante served as a member of the laws to date protecting the confidentiality of English proficiency. H.R. 5 not only figu- Board of the National Foundation for Women HIV patients, as well as the law creating the ratively, but also literally, silences the voices Legislators from 2001 to 2009 and a member Alternative Test Sites Program, which estab- of our Hispanic students and in doing so rel- of the Board of Governors of the Federal Cir- lished centers where individuals could receive egates them to a life of inequity and poverty. cuit Bar Association from 2001 to 2004. Addi- free, anonymous testing for the AIDS anti- Under H.R. 5, New York State is projected tionally, Mr. Violante co-hosted ‘‘Veterans’ body. He consistently fought for a better edu- to receive $1.52 billion in 2016 and $6.943 bil- Forum,’’ a local cable television program dedication for all, authoring legislation prohibiting lion over the 2016–2021 period. This is $46 cated to veterans’ issues from 1991 to 1994; sex discrimination in California’s educational million less in 2016 and $606 million less over chaired the Veterans Appeals’ Committee and institutions. the 2016–2021 period than under the Presi- Legislative Committee of the Federal Circuit Prior to his election to the State Assembly, dent Obama’s budget. In fact, my district of Bar Association from 1992 to 1996 and 1997 Mike served as the Executive Director of the Brooklyn, New York is in Kings County. Kings to 2001, respectively; was vice-chair of the Coro Foundation, a leadership training pro- County, with a poverty rate of 33.3 percent, American Bar Association Coordinating Com- gram for future leaders in public service. will see a $39.9 million cut in Title I funding mittee on Veterans Benefits and Services from Thanks to his substantial experience and in- under this bill. 1991 to 1994; and at-large member of the sight, he continues to be a valuable consultant Today, we Democrats are shining a light on Board of Governors of the Veterans’ Law to civic and educational organizations, speak- H.R. 5 so that America can see how ugly, Committee of the Federal Bar Association ing on topics ranging from education reform to dangerous and divisive this bill really is. And from 1992 to 1993. the legislative process in California politics. just like during the civil rights movement, we Mr. Speaker, it would be a challenge to find Mr. Speaker, I know I speak for the whole won’t back down! We won’t give up! We will someone who has done more as an advocate House in thanking Mike for his years of serv- fight until every child in America—Black, for veterans than Mr. Joe Violante. So, in the ice on behalf of the people of California. I Brown, Asian or White—has a fair, equitable, long-standing tradition of the Navy and Marine know he looks forward to spending more time and quality public school education—because Corps, I wish Joe and his family fair winds and with his family in this next chapter of his life, Education is a Civil Right. following seas. Bravo Zulu Marine. including his four daughters Shelby, Melissa,

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

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JY8.001 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1022 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2015 Catherine, and Caroline. I wish him nothing more about the nation’s oldest park. Moreover, through the world’s most trying times and but success and happiness. he has authored numerous books about the through local and regional challenges. During f place that means so much to him. In addition the First World War, the Red Cross notably to being a well-respected historian, he is also sent nurses to treat recovering soldiers and RECOGNIZING BRIAN NEWBY ON an engaging teacher and a dedicated leader in undertook initiatives such as knitting over HIS PROMOTION TO THE RANK the community. He worked as a chemistry 90,000 pairs of socks and treating the sick in- OF MAJOR GENERAL teacher in the Niagara Falls School District as fected with influenza during the height of the well as a chemist for both the Eastman Kodak epidemic. In 1955 when Hurricanes Edna, HON. KAY GRANGER Company and the Hooker Chemical Company. Carol and Hazel hit Massachusetts the Chap- OF TEXAS Mr. Gromosiak is frequently interviewed by ter provided shelter and food services to over IN THE HOUSE OF REPRESENTATIVES national and local media for his insight on the 200 people across Cape Cod. By 1991, the Thursday, July 9, 2015 history and continued progress of Niagara number of people it was able to provide shel- Falls. In 1989, Mr. Gromosiak appeared on ter to had increased to 17,000. After the 9/11 Ms. GRANGER. Mr. Speaker, I rise today to the CBS program ‘‘America Tonight’’ for a terrorist attacks the Chapter’s blood drives honor Brian C. Newby on his promotion to the special segment on the environment sur- was inundated with willing volunteers that indi- rank of Major General, United States Air rounding Niagara Falls. He served as a guest viduals were asked to return at a later date. Force. columnist for The Buffalo News and The Niag- Chapter volunteers responded once again I have known Major General Newby for ara Gazette. Furthermore, he was consulted in many years and have the honor of calling him when Hurricane Katrina struck the shores of 1993 by Canada’s weekly news magazine the southern United States by sending volun- my friend. He is a man of integrity and kind- MacLean’s for information on the storied cus- ness. He is the epitome of what a General teers down to the areas hardest hit. And, most tom of honeymooning in the Falls. In 1997, he recently, when tragedy struck closer to home should be. was featured in the PBS documentary ‘‘Fading Major General Newby was born in Dayton, at the Boston Marathon in 2013, Chapter vol- in the Mist,’’ speaking about efforts to maintain unteers were quick to become involved in re- Ohio, but attended Western Hills High School the natural environment of Niagara Falls. Mr. in Fort Worth. He was commissioned in 1983 lief efforts. Gromosiak also contributed to a web page on Furthermore, this Chapter has a global as a distinguished graduate of the Air Force the history of Niagara Falls. reach. Volunteers have gone on to serve in ROTC program at Texas Tech University and Mr. Gromosiak has been an avid fighter for the International Red Cross across the globe, earned a law degree from the University of the City of Niagara Falls and has championed from war-torn Afghanistan to impoverished Af- Texas Law School in 1986. projects such as the Niagara Experience Cen- rican nations. Chapter volunteers exemplify For more than 25 years he has been a true ter as well as the relocation of the Stone National Guardsman, serving his country while the Red Cross’ mission to prevent and allevi- Chimney. His ideas have sparked interest in ate human suffering in the face of emer- also working at senior positions in government and made the region’s history more accessible and at a top legal firm. gencies by mobilizing the power of volunteers to the public, as exemplified by his emphasis and the generosity of donors. I am proud of He served as the Chief of Staff and Deputy on history as an experience. Commander of the Texas Air National Guard the work they have done in Southeast Massa- Family and friends of Mr. Gromosiak can at- chusetts and beyond. before being promoted to Brigadier General. tend the event to unveil the monument in his Major General Newby also served as Chief Mr. Speaker, I ask my colleagues to join me honor. It takes place on Friday, July 10th at in celebrating the 100th anniversary of the of Staff to former Texas Governor Rick Perry 11pm at Heritage Park on Main and Buffalo. and in that capacity co-chaired the State of Cape, Islands and Southeast Massachusetts Mr. Speaker, thank you for allowing me a Chapter of the American Red Cross. I take Texas’ recovery efforts following Hurricane few moments to recognize Mr. Paul Ike. He also served as the Governor’s General comfort knowing that this Chapter will remain Gromosiak. I ask that my colleagues join me a vital humanitarian organization in not only Counsel before being appointed to serve as in congratulating Mr. Gromosiak for his vital in- Chief of Staff. the Commonwealth, but across the nation and fluence on the City of Niagara Falls, the State the world, for generations to come. He currently holds an Of Counsel position at Park, and the community. His outstanding im- f Cantey Hanger, LLP of Fort Worth while also pact is derived from a deep understanding of maintaining his own legal practice. the region’s rich history, an innovative vision DEPARTMENT OF THE INTERIOR, Major General Newby has been and con- for its future, and a passion for its success. ENVIRONMENT, AND RELATED tinues to be an incredible public servant. f AGENCIES APPROPRIATIONS f ACT, 2016 IN RECOGNITION OF THE 100TH AN- RECOGNIZING PAUL GROMOSIAK NIVERSARY OF THE CAPE, IS- SPEECH OF FOR HIS SUSTAINED COMMIT- LANDS AND SOUTHEAST MASSA- MENT TO THE NIAGARA FALLS CHUSETTS CHAPTER OF THE HON. DOUG COLLINS OF GEORGIA COMMUNITY AMERICAN RED CROSS IN THE HOUSE OF REPRESENTATIVES HON. BRIAN HIGGINS HON. WILLIAM R. KEATING Tuesday, July 7, 2015 OF NEW YORK OF MASSACHUSETTS The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES House on the state of the Union had under Thursday, July 9, 2015 consideration the bill (H.R. 2822) making ap- Thursday, July 9, 2015 propriations for the Department of the Inte- Mr. HIGGINS. Mr. Speaker, I stand before Mr. KEATING. Mr. Speaker, I rise today in rior, environment, and related agencies for you today to recognize and honor Mr. Paul recognition of the 100th anniversary of the the fiscal year ending September 30, 2016, and Gromosiak for his passionate support of and Cape, Islands and Southeast Massachusetts for other purposes: commitment to the City of Niagara Falls and Chapter of the American Red Cross. Mr. COLLINS of Georgia. Mr. Chair, this Niagara Falls State Park. As a tribute to his Established in 1915, this Chapter of the amendment is critically important. The des- hard work and dedication, a monument will be American Red Cross of Massachusetts has ignation of the Northern Long Eared Bat as placed at Heritage Park commemorating his served as a lifeline within our community—re- threatened has had a significant impact on the impact on the community. sponding to the needs of residents and visitors Ninth District of Georgia, despite the fact that As a committed life-long Western New York- alike by providing food, shelter and other dis- the only evidence it is there is a geo-tagged er, Mr. Gromosiak has inspired countless indi- aster assistance in emergencies, teaching life- dot on a map. viduals who have come to visit the Niagara saving skills, and organizing blood drives. The These bats are listed as threatened be- Falls State Park. He graduated from Niagara Cape, Islands, and Southeast Chapter cause White Nose Syndrome has led to a University with a B.S. in Chemistry and went reaches a population of more than 1.2 million drastic decline in their population. Humans on to receive a permanent certification in people across Barnstable, Bristol, Plymouth, don’t cause White Nose Syndrome but they mathematics as well as in chemistry and gen- Nantucket and Dukes counties and saves mil- are being penalized for it. There are some eral science from the State University of New lions more from suffering the harm or loss of counties in my district where the bat has never York. a loved one. been seen, but because they’re in the bat’s Mr. Gromosiak has spent countless hours The American Red Cross of Massachusetts ‘‘range’’ they are subject to burdensome re- walking the park and helping visitors learn has served as a pillar for our community strictions.

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JY8.003 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1023 A construction project for a new interchange HONORING CHANCELLOR WILLIAM Properties, Incorporated of Des Moines, Iowa. in my home, Hall County, was delayed be- ‘‘BRIT’’ KIRWAN Knapp Properties was recently recognized for cause of the need to survey for the bat. their outstanding commitment to business eth- What’s worse, even if no bats are found HON. ANDY HARRIS ics by the Better Business Bureau (BBB) and during the preconstruction bat survey, Fish OF MARYLAND presented with a 2015 Integrity Award. and Wildlife Service requires a clearing restric- IN THE HOUSE OF REPRESENTATIVES The Better Business Bureau has been developing and administering self-regulation pro- tion in construction contracts for prime-building Thursday, July 9, 2015 months if certain factors contributing to a qual- grams for the business community for the past Mr. HARRIS. Mr. Speaker, I rise today to ity bat habitat are present. These types of re- 75 years. The Integrity Awards were estab- honor an outstanding educator and faithful strictions increase prices and create unneces- lished in 1993 to recognize exemplary busi- public servant, Chancellor William ‘‘Brit’’ sary and burdensome delays on important in- nesses while promoting the BBB’s mission of Kirwan, for his years of faithful dedication to frastructure projects. Similar restrictions can leadership in advancing marketplace trust. the University System of Maryland. After 46 also negatively affect other sectors such as Knapp Properties has lived up to these years as an exemplary advocate of edu- forestry, ranching, and utilities. goals and strives to treat all of their associates cational excellence, Mr. Kirwan retired last with the same respect and integrity that they The underlying bill takes important steps to month. I would like to thank him for his pas- would expect in return. This attitude spreads address the problematic requirements associ- sion, dedication, and commitment to the stu- throughout the entire organization from their ated with the bat’s status as a threatened spe- dents of Maryland. From his 24 years as a President, Gary Neugent. cies. This amendment goes the extra step to faculty member, to his decade serving as I applaud and congratulate Knapp Prop- prevent the current situation from getting even President of the University of Maryland, Col- erties for earning this prestigious award. I am worse by prohibiting the use of funds to list lege Park, and on to his 12 year tenure as proud to represent them in the U.S. Congress the Northern Long Eared Bat as endangered. Chancellor of the Maryland University System, and I know that my colleagues join me in con- I urge my colleagues to support this amend- Chancellor Kirwan has touched and contrib- gratulating Knapp Properties Inc. and wishing ment. uted to the lives of countless Marylanders. In them nothing but continued success in the fu- addition to his stewardship of Maryland’s insti- ture. f tutions of higher education, Chancellor Kirwan f has also been a national thought leader on a TRIBUTE TO JERRY MATHIASEN wide range of topics including innovation, aca- IRAN demic transformation and higher education’s HON. DAVID YOUNG role in economic development. Among others, HON. ROD BLUM Chancellor Kirwan has received the Carnegie OF IOWA OF IOWA Corporation Leadership Award, the Tech IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Council of Maryland’s Lifetime Achievement Thursday, July 9, 2015 Award in Education, the Regional Visionary Thursday, July 9, 2015 Mr. BLUM. Mr. Speaker, I appreciate the Award from the Greater Baltimore Committee, work of the Chairman and the Members of her Mr. YOUNG of Iowa. Mr. Speaker, I rise and the Maryland Chamber of Commerce’s subcommittee. today to recognize and congratulate Mr. Jerry Public Service Award. His achievements I rise today with grave concerns about this Mathiasen of Council Bluffs. Jerry was re- speak for themselves. Chancellor Kirwan’s agreement that could very well lead to an in- cently named the president and CEO of the services have been greatly appreciated and creased likelihood of a nuclear Iran. Pottawattamie County Community Foundation his efforts will be sorely missed. I congratulate This outcome is unacceptable and the con- (PCCF). He had previously served as the in- Chancellor Kirwan on his many accomplish- sequences would have harmful effects on our terim president and CEO at PCCF before his ments and wish him all the best in his retire- country and the region. most recent post. PCCF serves as a commu- ment. Mr. Speaker, I ask my colleagues to join Simply put, we cannot trust a country that nity builder within Council Bluffs and the sur- me today in paying tribute to Chancellor Wil- continues to sponsor and sanction terrorism rounding area by leveraging partnerships and liam ‘‘Brit’’ Kirwan for his years of leadership against U.S. interests and actively promotes providing grants across the county to improve and excellence in the education of Maryland’s the destruction of our strongest ally in the Mid- the lives of its citizens. students. dle East—Israel. As a native of Council Bluffs, Jerry returned f The United States must limit opportunities for Iran to obtain nuclear weapons rather than home after serving in the administration of PERSONAL EXPLANATION Governor Terry Branstad for 14 years. Once providing avenues for the spread of such home, he gave his time and talents to the HON. YVETTE D. CLARKE weapons. Iowa West Foundation for almost 18 years. A nuclear Iran will be very unlikely to re- OF NEW YORK Jerry has had a long, successful career as a spond to peaceful international intervention. IN THE HOUSE OF REPRESENTATIVES philanthropic leader and has earned the title of By permitting Iran to obtain nuclear weapons President and CEO of PCCF. Thursday, July 9, 2015 capability—even after 10 years—we will increase the likelihood of future military action in I applaud and congratulate Jerry for his re- Ms. CLARKE of New York. Mr. Speaker, I was unavoidably detained in my district and the Middle East. cent promotion to President and CEO of This will increase the burden on our already PCCF. I am proud to represent him in the missed recorded votes #390 through 391. Had I been present, strained military and put the brave men and United States Congress and I know that my women of our armed forces at risk unneces- colleagues will join me in congratulating Jerry On Roll Call #390, Motion to Close Portions of the Conference on H.R. 1735—National De- sarily—while increasing the possibility of fur- and wishing him nothing but continued suc- ther destabilization in multiple countries in the cess in the future. fense Authorization Act for Fiscal Year 2016, I would have voted YES; Middle East. Additionally, by lifting the sanctions on Iran f On Roll Call #391, Concur in the Senate Amendment to H.R. 91—Veteran’s I.D. Card and releasing the money held in accounts held PERSONAL EXPLANATION Act, I would have voted YES. abroad will we be promoting the further funding by Iran of terrorist activities and groups f such as Hamas and the Taliban. Strength- HON. ROBERT HURT TRIBUTE TO KNAPP PROPERTIES ening a regime well known for state sponsor- INC. ship of terrorism goes against all reason. OF VIRGINIA Further, we can be sure that other countries IN THE HOUSE OF REPRESENTATIVES HON. DAVID YOUNG are looking at this agreement with Iran as a Thursday, July 9, 2015 OF IOWA bellwether of permissive activity. If one country IN THE HOUSE OF REPRESENTATIVES in the region is allowed by the United States Mr. HURT of Virginia. Mr. Speaker, I was to obtain a nuclear weapon, surely others will not present for Roll Call vote #417 on House Thursday, July 9, 2015 look to follow suit. Amendment 64 to H.R. 5. Had I been present, Mr. YOUNG of Iowa. Mr. Speaker, I rise It’s my belief that Congress should step up I would have voted ‘‘no.’’ today to recognize and congratulate Knapp the pressure and reject any agreement that

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.001 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1024 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2015 does not meet our nation’s strategic objec- Street, where the newly remodeled transfer ship to attend Lourdes High School in Albu- tives. I am deeply concerned that the U.S., station was revealed. The revitalization of the querque with the intent of becoming a priest. once a strong leader on the world stage, is station reflects Rigidized Metals work within Ultimately, Tony decided not to stay at now allowing ourselves to be duped and un- the community as it reinvigorates historic land- Lourdes and would later graduate from dercut by a country with an agenda of terror marks rather than build new facilities. It now Socorro High School in 1947. Shortly after, in and instability rather than the peace and co- features a gallery showroom for products at a 1948, he married the love of his life, Gloria operation that developed nations seek. key location on Ohio Street, connecting the Jean Bowers and they started a family. I urge my colleagues to reject any agree- Inner and Outer Harbors. What drives Tony is his passion for politics, ment that diminishes the standing of the U.S. Mr. Speaker, thank you for allowing me a his selfless dedication to public service, and and does not completely cut off weaponized few moments to recognize Rigidized Metal his resolve to ensure that the citizens of nuclear capabilities for Iran. Corporation and my good friend Rick Smith on Socorro are living in a thriving community. He f the occasion of the company’s 75th Anniver- has held many elected offices during his life- sary. Rick is the third generation president. time, beginning with Justice of the Peace from RECOGNIZING RIGIDIZED METALS The company was founded by his grandfather, 1966 through 1970; member of the Socorro CORPORATION FOR ITS OUT- Rick Smith, followed by his father, until Rick School Board from 1966 through 1972; mem- STANDING INNOVATION AND ITS took the reins in 2000. I ask that my col- ber of the Socorro City Council from 1970 PASSION FOR THE BUFFALO leagues join me in congratulating the company through 1978; Mayor of Socorro from 1978 COMMUNITY for its leadership in quality, architectural de- through 1986; and Socorro County Manager sign, sustainability, and commitment to com- from 1986 through 1990. He has also been HON. BRIAN HIGGINS munity. Its exceptional impact resides in its very involved in the Democratic Party, serving OF NEW YORK pioneering technology, longstanding leader- as the Democratic Party Chairman from 1972 IN THE HOUSE OF REPRESENTATIVES ship, and passion for future success in Buffalo to 1988 where he actively engaged the New Thursday, July 9, 2015 and beyond. Mexico Legislature. f As a businessman, Tony has been very Mr. HIGGINS. Mr. Speaker, I stand before successful. A licensed Real Estate Broker, he you today to recognize and honor Rigidized CELEBRATING THE SERVICE OF owned and operated a Property and Casualty Metals Corporation as it celebrates its 75th JOSHUA ZARKA Agency for many years and was the owner of Anniversary. Along with the dedicated team of La Fiesta Bakery and the Mountain Mail Rigidized Metals, CEO Rick Smith has made HON. MARK MEADOWS Newspaper. Many in Socorro remember his significant contributions to metal technology OF NORTH CAROLINA time as the manager of the local Loma The- while sustaining strong local ties. Rigidized IN THE HOUSE OF REPRESENTATIVES ater, a position he held for over 20 years. And, Metals consistently seeks to improve both its Thursday, July 9, 2015 when he served as mayor, he made economic product and the region, focusing on energy development a priority and brought the Indus- and environmental sustainability as well as Mr. MEADOWS. Mr. Speaker, I rise today to trial Park and new businesses to the city. maintaining the highest quality product. recognize the excellent work of Joshua Zarka. He and his wife, Gloria, raised eight children Since 1940, Rigidized Metals has been fos- Since 2011, Josh has served as the Minister and they have many grandchildren and great tering collaboration, passion, and achievement for Congressional Affairs at the Israeli Em- grandchildren. I would like to extend a ‘‘Happy both in its field and among its employees. The bassy in Washington, D.C. At the end of July, Birthday’’ to Tony J. Jaramillo, Sr., and thank company continues to attend events such as Josh will conclude his service at the Embassy him for his dedicated public service and for his trade shows to continue its improvement and and return to Israel for a new chapter in his efforts to create a vibrant community for the discuss ways to further reduce cost, energy career. citizens of Socorro. use, and environmental harm. Rigidized Met- The United States has historically main- f als manufactures, textures, and finished met- tained a warm relationship with Israel. This als that are not only made of sixty-percent re- friendship is built by those at the executive SPEECH OF MARYAM RAJAVI, THE cycled material but that are also one-hundred- level, but nurtured by diplomatic staffs, such ELECTED PRESIDENT OF THE percent recyclable. Moreover, Rigidized Metals as Josh, who work tirelessly behind the NATIONAL COUNCIL OF RESIST- has received LEED Credits, which recognizes scenes to further our countries’ shared goals. ANCE OF IRAN (NCR) IN 2015 its leadership in energy and environmental de- In his role as a liaison to the United States PARIS GRAND GATHERING OF sign. Congress, Josh has worked with many of my THE IRANIAN RESISTANCE—13 Besides their positive ecological impact, the colleagues and me to strengthen this relation- JUNE 2015 company strives for durability, strength, and ship. Josh’s energy and commitment to follow natural beauty in their products. From impact up on even the smallest details was evident HON. ROBERT PITTENGER resistant railing overlooking Niagara Falls to each and every day. OF NORTH CAROLINA scratch-resistant textured metal in the National Joshua Zarka serves as an example of how IN THE HOUSE OF REPRESENTATIVES Hockey League’s locker room, Rigidized Met- diplomacy should take place—friends first. His al’s products are designed expertly to aug- desire to serve Israel and the broader U.S.- Thursday, July 9, 2015 ment each unique environment, considering Israel relationship is seldom seen and equal. Mr. PITTENGER. Mr. Speaker, I submit the factors such as acoustics, shade and reflec- He will be dearly missed, and I wish him well following speech by Maryam Rajavi, the elect- tion. Its Cave of the Winds project in Niagara in his studies at the Israel National Defense ed President of the National Council of Resist- Falls required a unique curvature, lightweight College. ance of Iran (NRC). structure, moisture resistance, and a textured f In the name of God, In the name of Iran, In depth. Another local project at the Burchfield HONORING TONY J. JARAMILLO, the name of Freedom, In the name of 120,000 Penny Art Center includes light and projector shining stars, the blazing flames of honor totems along the side of the institute, allowing SR. and dignity who defied the religious tyranny, for a new and public approach to viewing art. and In the name of all the unsung heroes and The company does not shy from a chal- HON. MICHELLE LUJAN GRISHAM heroines who made the ultimate sacrifice so that others could live free; so that in the lenge and is recognized for its national influ- OF NEW MEXICO darkest hour of her history, Iran shines with ence. A research collaboration with the Uni- IN THE HOUSE OF REPRESENTATIVES versity at Buffalo School of Architecture com- stars, stands proud and cries out: ‘‘Down with the velayat-e faqih regime!’’ bines industry and academia to achieve a Thursday, July 9, 2015 seemingly impossible vertical metal installation Ms. MICHELLE LUJAN GRISHAM of New VOICE AND MESSAGE OF IRAN’S GENUINE OWNERS that opens up the field to further metal work Mexico. Mr. Speaker, I rise today to join with opportunities. family and friends in celebrating Tony J. Elected representatives of nations around the globe, Honorable dignitaries, My fellow Family and friends of the Rigidized Metals Jaramillo, Sr.’s 87th birthday. compatriots, here and all over Iran: I sin- team will attend the anniversary celebration to Tony was born July 14, 1928 in Socorro cerely extend my gratitude to you all for commemorate its achievements and usher in County to Juan and Flora Jaramillo—he was joining this gathering. We have come here to a new era of innovation. It took place on the eldest of eight children. When it came time convey to the world the voice and message of Wednesday, July 8th at 4pm at 658 Ohio to start high school, Tony received a scholar- Iran’s rightful owners, the Iranian people.

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JY8.007 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1025 Amid an unrelenting uproar over the Iranian not Khamenei agrees to it, the regime can- of fighting the ISIS, these efforts will prove regime’s ominous nuclear program and three not escape the prospects of being over- futile and will not restore the regime’s inhuman wars in the region, we have come to thrown. losses. And in Yemen, Khamenei sought to say that those who are speaking on behalf of WRAPPING UP THE BOMB-MAKING STRUCTURE take over the country to gain the upper hand Iran are in fact the enemies of Iran and all Unfortunately, western governments, the during the nuclear talks and amid the re- Iranians. The people of Iran neither want nu- United States in particular, violated UN Se- gional crisis. It, however, turned the largest clear weapons, nor meddling in Iraq, Syria or curity Council resolutions and offered major regional coalition against Tehran. When Yemen, nor despotism, torture and shackles. concessions, propelling the regime closer to Bashar Assad is toppled or when the regime’s The people of Iran are the tens of millions of the Bomb. I should therefore remind western forces are defeated in Iraq or in Yemen, the enraged teachers, students, nurses and work- governments that the Iranian people and Re- regime’s entire front in the Middle East will ers who demand freedom, democracy, jobs sistance will not accept any agreement that collapse. This regime lacks the capability to and livelihood. does not dismantle the regime’s bomb-mak- advance in these three wars. On the other They say: First, the velayat-e faqih regime hand, if it retreats, it will implode. Such an has reached the end of the line. Second, the ing infrastructure. UN Security Council resolutions must be implemented fully. Ura- impasse thus attests to the certainty of the only way to end the violations of human overthrow of the velayat-e faqih regime. rights in Iran, the nuclear impasse, the cri- nium enrichment must be halted completely. NECESSARY EVICTION FROM THE ENTIRE REGION ses in the region, and the confrontation with All suspect sites, military or otherwise must ISIS and terrorism, is to topple the Caliph of be inspected. And the regime must provide Today, western and Arab world’s policy regression and terrorism in Iran. answers to the military dimensions of its nu- makers stress that ISIS and Bashar Assad clear project and make its nuclear experts are the two sides of the same coin. I add that MAJOR CHANGE, A COMMON DEMAND available for IAEA questioning. the Caliph in Tehran is the godfather of both Look at Iran as it has risen up today. It is P5+1 Leaders: If you do not want a nuclear- of them. The fact is that ISIS emerged out of inflamed and seething despite nearly 1,800 armed fundamentalist regime, stop appeas- the atrocities perpetrated by Bashar Assad executions during Hassan Rouhani’s tenure: ing it. Do not bargain over the human rights and Maliki committed on orders from the The uprising in Mahabad and the protests in of the Iranian people and recognize their or- clerical regime. I therefore call upon western Sanandaj, Sardasht, Saqqez and Marivan, re- ganized Resistance which is striving for free- governments to refrain from taking sides flect the courage and upheaval of Iranian dom. You are gravely mistaken in thinking with the Tehran regime. In Iraq, do not col- Kurds in the face of crime and injustice. Suc- that there is no solution. There is a solution laborate with the regime’s Revolutionary cessive demonstrations by teachers all for ending the mullahs’ nuclear weapons pro- Guards Corps and the so-called Shiite mili- across our nation echo the cries of those who gram: regime change by the Iranian people tias who are a hundred times more dan- have been ignored and have now risen up for and Resistance. As the Iranian Resistance’s gerous than the other henchmen. The solu- the right to life and right to freedom; The Leader Massoud Rajavi has declared, ‘‘Re- tion in Iraq is to evict the mullahs’ regime daily strikes and sit-ins by workers resonate sistance against this regime is our duty and forces, to empower Sunni power-sharing, and the outcries of starving families nationwide; our inalienable right. We have been and will to arm the Sunni tribes. The solution in Dozens of armed clashes involving young be at war with this regime. With or without Syria is to evict the Iranian regime’s forces Baluchis, Kurds and Arabs reflect the fury of enrichment, with and without nuclear weap- and to support the people of Syria in over- an enchained nation which has been denied ons, and under any circumstances, the strug- throwing Assad’s dictatorship. The solution of any means to protest; Hundreds of hunger gle for freedom is the inalienable right of the in Yemen is to stand up to Tehran, as the strikes and protests by political prisoners, Iranian people.’’ Arab coalition has already done. This must embody the perseverance of a nation that FAILURES AND FLAWS OF VALI-E FAQIH be pursued until the regime is uprooted all has defeated the mullahs even in torture Ladies and gentlemen: The regime’s crit- across the region. Indeed, the solution is to chambers; The sit-ins of the mothers of evict the Iranian regime from the entire re- death-row prisoners, the protests of ical situation can be seen in Khamenei’s failures and in the erosion of his standing. gion and to topple the Caliph of regression Gonabadi and Ahl-e Haq dervishes, and the and terrorism Iran. suffering of impoverished street venders are Khamenei has failed to unify the ruling AN ORGANIZED MOVEMENT the rumblings of a mountain about to erupt. clique. His acquiescence to Rouhani’s presi- Look at today’s Iran. Do you see any Iranian dency reflects this failure. This failure, how- Ladies and gentlemen: When social condi- not discontented or not wanting change? ever, was initially neither because of inter- tions are ripe for change, there is no element The 15 million deprived and destitute citi- national sanctions nor due to the economic more vital than the existence of an organized zens languishing in shanty towns in the sub- crisis. The most important reason was the movement. This explains why the mullahs urbs, the 10 to 15 million young people who Resistance and the Iranian people’s fear and attempt to destroy the People’s cannot find jobs and the millions of families uprisings. Today, the regime’s Supreme Mojahedin (PMOI/MEK) and the National feeling the heavy burden of high prices, all of Leader and its President have faced off, Council of Resistance of Iran. The mullahs them, feel the same pain and demand major bashing one another on a daily basis. The have always considered the PMOI’s presence change. So, I am speaking to you, my be- power struggle is reaching the final phase. in Iraq as an existential threat because they loved countrymen and women across the na- Rafsanjani has openly called for dividing the are the vanguard force in the fight against tion. Your resistance, your struggle and your power and authority of the Supreme Leader. religious fascism. The PMOI and the NCRI solidarity are stronger than any other force. For the first time, a rival faction has taken hoisted the banner of peace in diametric op- Stand up to the ruling regime and create shape against Khamenei. The pro-Khamenei position to Khomeini’s persistence on pro- 1,000 Ashrafs, meaning 1,000 bastions of rebel- faction has significantly split and disinte- longing the Iran-Iraq war. The PMOI formed lion in Iran. Major uprisings will arise out of grated. In other words, the body whose task the National Liberation Army. The PMOI your protests. And the army of rebellion and is to preserve the regime in times of tension and the NCR foiled the nefarious conspir- liberation will be the harbinger of Iran’s and turmoil is itself crumbling. Indeed, the acies of the Iranian regime and its appeasers, freedom for the world. ruling theocracy has rotted at its core. All and nullified the unjust terrorist label by A DEFEATED NUCLEAR STRATEGY signs point to the end of this decadent re- winning in more than 20 courts in the United Ladies and gentlemen: The nuclear pro- gime. States, Canada, the United Kingdom, and gram that projected the power of the MULLAHS TRAPPED IN THREE WARS elsewhere in Europe. The PMOI and the Na- velayat-e faqih regime for the past quarter Ladies and gentlemen: Today, the clerical tional Council of Resistance discredited and century is now a source of the mullahs’ regime has fallen into the trap of three re- terminated the 15-year-long case opened by weakness and impasse. Why did Khamenei gional wars, in which it can neither advance the French Judiciary. They upheld the Ira- acquiesce to the Geneva Accord, despite nor retreat. The bubble-like expansion of the nian people’s right to regime change. being only two to three months away from ruling theocracy has put it in a perilous pre- TERMINATION OF PRISON CONDITIONS AND nuclear weapons capability? The answer is dicament. In Syria, what the mullahs built is BLOCKADE OF CAMP LIBERTY simple: Because he feared another eruption teetering because it was erected on quick- Dear friends: Over the past three decades, of uprisings; because his nuclear strategy sand. Although the clerical regime has spent the mullahs have endeavored to annihilate has run aground; and because in the words of billions of dollars annually to prop up this movement more than anything else. his foreign minister, the regime’s strategic Bashar Assad, today the Syrian dictator is Their efforts include thousands of conspir- capacity has been eroded. This explains why gasping for air. I hope that on victory day, acies and churning out allegations particu- the Geneva Accord destabilized the regime Khamenei joins Assad before the Inter- larly against the Resistance Leader Massoud and the Lausanne Agreement destabilized it national Criminal Court for the slaughter of Rajavi. They have also fired 1,000 missiles at even further. Unlike Khomeini, who drank 300,000 Syrian men, women and children. In PMOI and National Liberation Army bases from the chalice of poison of ceasefire in the Iraq, the clerical regime has lost its puppet in 2000. We all recall that in an attempt to Iran-Iraq war in 1988, Khamenei could not government of Nouri al-Maliki. This is the crack down on the June 2009 uprisings, the agree to a comprehensive deal with the P5+1. beginning of the regime’s demise not only in regime first attacked Camp Ashraf. Simi- He says, ‘‘I neither agree nor disagree.’’ This Iraq but also throughout the region. Al- larly, the morning after his defeat during the means that his regime is at an impasse. The though the regime continues to commit Presidential elections in 2013, Khamenei or- same situation prevails as pertains to the genocide against the Sunnis by the Quds dered a rocket attack on Camp Liberty. And final, comprehensive agreement. Whether or Force that meddles in Iraq under the pretext two years ago, when he decided to sign the

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JY8.010 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1026 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2015 nuclear accord, he ordered that Ashraf resi- aim is to ensure that people participate in earned the respect and admiration of students dents be massacred. The mullahs’ real aim is every aspect of affairs, whether good or bad, by giving them the opportunities for personal to annihilate the residents of Liberty or se- and take over the affairs of the nation.’’ Sub- growth, expanding their leadership potential cure their surrender to the regime. This ex- sequently, the Fedayeen and the PMOI and plains why the regime is hindering their re- other vanguard militants opened the path to and developing indispensable skills to serve location out of Iraq, On the other hand, by overthrowing the Shah’s dictatorship. And their families, communities, and workplaces. repeatedly violating international treaties now, our Resistance—with a galaxy of fallen Cheryl teaches with energy and integrity. She and reneging on their written obligations to- heroes and heroines from Ashraf Rajavi and treats all of her students equally and cares for ward the Ashrafis, the U.S. and the UN have Moussa Khiabani to Sedigheh Mojaveri and their personal growth. Cheryl is a positive role in practice sided with the religious fascism Neda Hassani to Zohreh Ghaemi and Giti model and has dedicated her life to improving ruling Iran. I once again call on the U.S. and Givechian—has arisen to ensure freedom of her students’ lives both in and outside of the the UN to take urgent action to protect the choice for each and every one of our fellow classroom. Camp Liberty residents and put an end to Iranians. We have rejected the ruling tyran- I commend Cheryl’s leadership and her car- the medical and logistical siege of the camp nical regime. We have rejected forcible and and its prison-like conditions. If the United misogynous religion. And we have rejected ing style because it will leave a lasting impact States does not guarantee that the PMOI is the Constitution of the velayat-e faqih. Our on many of her students. Cheryl is an Iowan protected against attacks by the terrorist Constitution is freedom, democracy and who is making a great difference in the lives Quds Force, it must, at least, return part of equality. Our Constitution has not been of her students and for that we are deeply its member’s personal arms for self-defense drafted by the Assembly of Experts, a collec- proud. She has dedicated her life to helping and protection purposes. tion of criminals. It has been engraved in the and serving others and so it is with great HOPE AND CAUSE hearts of each and every Iranian. And it will honor that I recognize her today. I know my Dear friends: Change in Iran is within be drafted by elected representatives of the colleagues in the U.S. House of Representa- Iranian people in a Constituent Assembly. reach because not only has the regime rotted tives join me in honoring her accomplish- to the core, but Iranian society is also ready This Constitution is founded on a free, tolerant and advanced republic. It is founded on ments. I thank her for her service and wish for change and path to that change has al- her and her family all the best moving forward. ready been paved. This path has been opened pluralism, separation of religion and state, and led by Massoud Rajavi and this is his women’s equality and their active and equal f participation in political leadership. We be- great mandate. When he left the Shah’s pris- RECOGNIZING DAYTON RAS- on, Massoud asked: ‘‘How could anyone lieve in equal rights for all ethnic and reli- shackle and enchain a nation forever?’’ In gious minorities and a society devoid of tor- MUSSEN, SAM ROSSINI, AND pursuit of the ideal of freedom, Massoud ture and executions. My fellow compatriots, GARRETT WAITE OF THE WA- Rajavi created a movement that has pro- who have gathered here, and my dear com- TERLOO BLACK HAWKS pelled Iran towards freedom. Yes, the na- patriots who are hearing me right now all tional uprising of June 20, 1981, the National across Iran, are you ready to expand the HON. ROD BLUM Council of Resistance and the National Lib- campaign for Iran’s liberation and overthrow OF IOWA eration Army, Ashraf City and Camp Lib- the velayat-e faqih regime? Indeed, to carry erty, are all cornerstones that he shaped and out this great responsibility, which will her- IN THE HOUSE OF REPRESENTATIVES inspired in order to secure freedom in Iran. ald a glorious future, we pledge before Iran’s Thursday, July 9, 2015 history and nation that we are ready, ready, The late Ayatollah Taleqani said that inter- Mr. BLUM. Mr. Speaker, today I rise to ac- rogators at Evin Prison feared Massoud ready. Indeed, with the hope and faith in Rajavi’s name. Now, the ruling mullahs and freedom, we have gone through half a cen- knowledge three players on the Waterloo their cohorts also fear both his name and his tury of struggle against two dictatorships. Black Hawks, a United States Hockey League words because he has turned the forbidden And we will continue with ever-greater hope (USHL) team from my district, as they prepare word of ‘‘toppling the regime’’ into a major and determination until freedom and democ- to represent the United States in a prestigious movement that has driven the religious fas- racy reign supreme in Iran. Yes, we can international hockey tournament. cism into an impasse. He has taught the van- break the chains; And flow to the sea like a Goalie Dayton Rasmussen, defenseman river; With a radiant cause, we can; Destroy guard generation of Iran that in the struggle Sam Rossini, and forward Garrett Waite were against the velayat-e faqih’s barbarism, the the darkness of injustice; We can and we must sing in unison; In every breath, of chosen to participate on the national team for only gem blessed with an eternal spirit is the Ivan Hlinka Memorial Cup Tournament in one’s commitment to an ideal, having faith, Iran’s freedom; No doubt, the future belongs maintaining hope, being truthful, and mak- to you; Hundreds of hails to you and your the Czech Republic and Slovakia this August. ing sacrifices. The PMOI, which just this struggle. The tournament, hosted by the Czech Ice year will celebrate its fiftieth anniversary, May victory be yours! Hockey Association and Slovak Ice Hockey has advanced a struggle for a cause and f Federation, serves as the premier hockey ideal, without focusing on what they will TRIBUTE TO CHERYL BEAVER tournament for under-18 teams. themselves gain from it. Having an ideal As the co-chair of the Congressional Slovak means standing as resolute as a mountain, Caucus and a member of the Congressional yet flowing as freely as a river, and gripping HON. DAVID YOUNG Czech Caucus, I look forward to this inter- ever so tightly the banner of liberty despite OF IOWA all the storms and calamities. It means shed- national display of athletics in Slovakia and IN THE HOUSE OF REPRESENTATIVES ding all fears of both the length of the strug- the Czech Republic. I am excited to watch gle and the enormous price it demands. This Thursday, July 9, 2015 these three Waterloo Black Hawks represent is the path that guides the ship of freedom Mr. YOUNG of Iowa. Mr. Speaker, I rise their country and hope they do so with the ut- toward the shores of salvation. today to recognize and to congratulate Cheryl most dignity and class that reflects my con- From the PMOI founder Mohammad stituents in Iowa. This type of international cul- Hanifnejad and his associates to young peo- Beaver of Clarinda, Iowa for being selected as the Educator of the Year by the Iowa Family tural exchange with our friends in Eastern Eu- ple who join our ranks every day, from the rope demonstrates the universal appeal of men who believe in the ideal of equality to and Consumer Sciences Educator Associa- the 1,000 vanguard women who form the tion. After attending Iowa State University, sportsmanship, competition, and international PMOI’s Central Council, they all have one Cheryl worked for the Clarinda Community diplomacy that athletics can provide. Congratulations to Dayton, Sam, and Gar- thing in common. They have chosen the tra- School District, where she has taught high rett on their selection to the United States dition of sacrificing themselves without ex- school in Family Consumer Science (FCS) for pecting any reciprocity. They adhere to a under-18 team and I wish them the best of the past 34 years. In addition to her teaching tradition that has guided the actions of van- luck in the tournament. guards and pioneers of freedom since the be- career, Cheryl has further invested in her stu- f ginnings of time; the tradition of embracing dents with her leadership of the Family, Ca- a fiery commitment and remaining faithful reer and Community Leaders of America MR. MARK MOELLER— to the idea that this world is defined by (FCCLA) at the Clarinda High School and EMBODIMENT OF SERVICE change and not by destiny. Our Constitution Clarinda Middle School. is freedom, democracy and equality With Cheryl takes great pride in teaching life HON. JOHN RATCLIFFE this ideal and this faith, we are determined skills and promoting family life in her schools to build a free and democratic society. A OF TEXAS and community. She teaches valuable life century ago, the Mojahedin of the Constitu- IN THE HOUSE OF REPRESENTATIVES skills in consumer resource management, fam- tional Movement sought to realize ‘‘justice, Thursday, July 9, 2015 freedom, equality and unity.’’ Afterwards, ily living, food and nutrition, culinary arts, inte- the great nationalist leader of Iran, Dr. Mo- rior design, human development, child devel- Mr. RATCLIFFE. Mr. Speaker, I submit the hammad Mossadeq, rose up and said, ‘‘The opment, and textiles and clothing. She has recognition of an outstanding public servant,

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.011 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1027 leader, and family man, Rockwall Police Chief ing the Fremont County Sheriff’s Department Professor Lawson’s time and service. His leg- Mark Moeller. Chief Moeller plans to retire on in 1994. He said helping people was the rea- acy will carry on as his students continue to July 17th after 38 years in law enforcement, son for becoming an officer and a deputy. serve in the legal profession and public serv- the past 13 years serving as chief. He began Randy said, ‘‘I got to take care of many ice, and I personally thank him for his years of his career with the Dallas Police Department issues and in the process I was able to help honorable dedication and tutelage. in 1977, where he worked in several divisions many county residents.’’ He has seen many f and held a variety of positions including detec- changes in the methods and procedures of tive, sergeant, and lieutenant. In 2002, he was being an effective law enforcement officer. THE CLAIMS LICENSING ADVANCE- appointed Chief of the Rockwall Police Depart- Randy reflected, ‘‘being a native of the Sidney MENT FOR INTERSTATE MAT- ment, where he brought his broad base of ex- area has helped me perform my duties. Peo- TERS ACT (CLAIM ACT) perience and wisdom to lead the Department ple knew I was fair and that I did not play fa- through unprecedented growth and change. vorites. It has been a rewarding career.’’ HON. STEPHEN LEE FINCHER During that time, he tirelessly served the citi- Randy Chapman made a difference by help- OF TENNESSEE zens of Rockwall and the surrounding area ing and serving others. It is with great honor IN THE HOUSE OF REPRESENTATIVES with the highest level of professionalism and that I recognize him today. I know that my col- Thursday, July 9, 2015 leagues in the House join me in honoring his integrity, and his community is forever grateful Mr. FINCHER. Mr. Speaker, I rise today to accomplishments. I thank him for his service for his dedication. introduce the Claims Licensing Advancement to Fremont County, Iowa, and wish him and When Chief Moeller began his tenure in for Interstate Matters Act, known as the his family all the best moving forward. Rockwall, the city had a population of 20,000 CLAIM Act to help consumers save millions of and 42 sworn officers. The city now supports f dollars in insurance costs and create more 43,000 residents and has almost doubled the jobs. number of sworn officers to 79. Included RECOGNIZING MR. ROBERT GENE LAWSON Under current law, independent claims ad- among Chief Moeller’s many accomplishments justers face a hodgepodge of inconsistent in Rockwall, he established a fully trained state regulations that only serve to delay the SWAT team and a police volunteer program, HON. ED WHITFIELD prompt adjustment of claims for natural disas- Citizens on Patrol. A career highlight was OF KENTUCKY ters, accident victims, and other tragedies in twice earning recognition from the Texas Po- IN THE HOUSE OF REPRESENTATIVES life. Independent claims adjusters must take a lice Chiefs Association, which requires meet- Thursday, July 9, 2015 license examination in each state in which ing 166 standards. they work. This requires adjusters to take time Mark earned a Bachelor of Science in Crimi- Mr. WHITFIELD. Mr. Speaker, I rise today to recognize Mr. Robert Gene Lawson, a re- off from their job and travel to each state in nal Justice Administration and a Master of which they seek a license. This is a costly bur- Science in Human Relations and Business, nowned professor who greatly contributed to law reform efforts and education in Kentucky. den on the claims adjusters, the companies and he is a graduate of the FBI National that employ them, and ultimately, the con- Academy. In retirement, he plans to travel with He retired on July 1 after 50 years of teaching at the University of Kentucky, College of Law. sumer. Sadly, it is the consumer who currently his wife of almost 36 years, Debbie, volunteer pays for these costs in higher premiums. more with the First United Methodist Church, He advanced the lives of countless students through education and public service. A few of Today, it is my pleasure to introduce a bill Helping Hands, and Habitat for Humanity. He that would end this costly burden. The CLAIM and Debbie also plan to spend time with their his students include U.S. Senate Majority Leader MITCH MCCONNELL, Governor Steve Act would lead to a process that would pro- two married children, Matt and Kimberly, and vide independent claims adjusters licensing their four wonderful grandchildren. Chief Mark Beshear, U.S. Representative ANDY BARR, and most of the Kentucky Supreme Court. He was reciprocity so their home-state license is valid Moeller leaves behind a distinguished legacy, in any other state. and the influence of his steadfast and progres- also one of my favorite professors, and I have a great deal of respect and admiration for him. This legislation builds upon the success sive leadership will be felt for many years to Congress has already had in encouraging come. I ask my colleagues to join me today in Professor Lawson was born in 1938 in a small coal mining community in West Virginia. states to coordinate licensing for agents and congratulating Mark Moeller, and wishing him brokers, and appropriately expands that prece- all the best in this next chapter of life. His father, a coal miner, urged him to escape the coal camp through education, and Pro- dent to claims adjusters, who face many of the f fessor Lawson worked his way through tuition- same licensing issues. To be clear, the CLAIM Act does not create PERSONAL EXPLANATION free Berea College and then went on to re- a new federal law and does not ‘‘federalize’’ ceive a law degree from the University of Ken- the insurance industry. The CLAIM Act re- tucky in 1963. He practiced law for two years HON. BETO O’ROURKE spects states’ rights to continue to regulate in- and then accepted an invitation to teach at his OF TEXAS surance. The CLAIM Act would make sure alma mater in 1965. He served as the Dean IN THE HOUSE OF REPRESENTATIVES that each state keeps its independence to of the College of Law from 1971–1973 and adopt rules as they see fit and recognizes that Thursday, July 9, 2015 again from 1982–1988. Professor Lawson is a state insurance regulators are best situated to Member of the University of Kentucky, College Mr. O’ROURKE. Mr. Speaker, during the roll address insurance licensing standards. of Law Hall of Fame, and University of Ken- call votes on Wednesday, July 8, 2015, I re- The goal of this bill is to streamline the tucky Hall of Distinguished Alumni. corded an incorrect vote on an amendment claims adjustment process so that individual In addition to his impressive teaching his- that was offered to the Student Success Act. claims adjusters can respond in the fastest tory, Professor Lawson has many other signifi- On roll call number 410 to the Student Suc- possible and most cost-effective manner pos- cant accomplishments that contributed to the cess Act, I intended to vote YES. sible. I look forward to further discussing the Commonwealth of Kentucky. He was the prin- f issues of uniformity and reciprocity and the cipal drafter of Kentucky’s Penal Code, and its CLAIM Act as we move forward in the Com- TRIBUTE TO RANDY CHAPMAN rules of Courtroom Evidence, and led inves- mittee process. tigation into the Beverly Hills Supper Club fire HON. DAVID YOUNG in 1977 that killed 165 people in Northern f OF IOWA Kentucky. Bob Lawson has tirelessly worked OUR UNCONSCIONABLE NATIONAL IN THE HOUSE OF REPRESENTATIVES with the General Assembly to ensure that DEBT state jails and prisons are housing criminals Thursday, July 9, 2015 and not people, such as the mentally ill and HON. MIKE COFFMAN Mr. YOUNG of Iowa. Mr. Speaker, I rise the addicted, who can be rehabilitated into OF COLORADO today to recognize and congratulate Mr. productive members of society. Professor IN THE HOUSE OF REPRESENTATIVES Randy Chapman of Sidney, Iowa, on his re- Lawson has written an important paper on cent retirement as a Deputy with the Fremont criminal and evidence law, books that now oc- Thursday, July 9, 2015 County Sheriff’s Department. For more than cupy the shelves of law libraries and judicial Mr. COFFMAN. Mr. Speaker, on January 20 years, Randy has served in law enforce- chambers. 20, 2009, the day President Obama took of- ment in Fremont County. Randy started his The University of Kentucky and the entire fice, the national debt was career as the Sidney Police Chief before join- Commonwealth have surely benefitted from $10,626,877,048,913.08.

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.014 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1028 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2015 Today, it is $18,151,929,875,352.39. We’ve tivities, providing a framework for effective understanding and awareness of this condi- added $7,525,052,826,439.31 to our debt in 6 leadership and providing financial stability for tion, as well as support increased research for years. This is over $7.5 trillion in debt our na- a long-term success of the Fraternity. effective treatments of people affected by tion, our economy, and our children could The Scottish Rite Masons have been instru- gastroparesis. have avoided with a balanced budget amend- mental in assisting youth in their academic f ment. pursuits and have made generous contribu- IN MEMORY OF GERALDINE f tions to the American Heart Association, American Cancer Foundation, YMCA, NAACP SIMMONS RUTLEDGE TRIBUTE TO PELLA CORPORATION and a myriad of other non-profit entities. Mr. Speaker, The Ancient and Accepted HON. DEBBIE DINGELL HON. DAVID YOUNG Scottish Rite Masons have improved the lives OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES OF IOWA of many and continue to make outstanding IN THE HOUSE OF REPRESENTATIVES and a wide-range of contributions to our soci- Thursday, July 9, 2015 ety. I ask that you and my colleagues join me Thursday, July 9, 2015 Mrs. DINGELL. Mr. Speaker, I rise today in congratulating them on this celebration. with a heavy heart to honor the life of Mrs. Mr. YOUNG of Iowa. Mr. Speaker, I rise f Geraldine Rutledge. Known affectionately as today to recognize and congratulate the Pella IN HONOR OF NATIONAL ‘‘Gerri’’ to her friends and family, she was born Corporation of Pella, Iowa. Pella Corporation on April 8, 1945, and passed peacefully on has reached an important milestone this year GASTROPARESIS AWARENESS MONTH Thursday, July 2, 2015 at her home sur- and I join them in celebrating their 90th anni- rounded by her family and friends. versary of providing window services to Amer- Mrs. Rutledge received her formal education ica. HON. GWEN MOORE in the Ecorse Public School system in Ecorse, Since its founding on February 6, 1925, OF WISCONSIN Michigan. She continued her higher education Pella Corporation has strived to provide inno- IN THE HOUSE OF REPRESENTATIVES at Tennessee State University in Nashville, vative products to meet the needs of their cus- Thursday, July 9, 2015 Tennessee, where she earned an under- tomers and has been determined to maintain graduate degree in Elementary Education. excellence through even the toughest of times. Ms. MOORE. Mr. Speaker, I rise today on She later received a graduate degree from They kept their doors open during the Great behalf of Americans affected by gastroparesis, Eastern Michigan University. Her teaching ca- Depression, both World Wars, and the 2007– also known as delayed gastric emptying, in reer spanned more than thirty years in the Wil- 2009 recession. Even during these trying observance of National Gastroparesis Aware- low Run Community Schools, and she retired times, they have continued to care for their ness Month in August. in 2000 from Henry Ford Elementary School. hardworking employees and the communities Gastroparesis is a chronic medical condition During her tenure, she was an active member where their manufacturing facilities are lo- where the stomach cannot empty properly in of the Michigan Education Association, served cated. They continue to strive for excellence in the absence of any observable blockage. Fac- two consecutive terms as President of the everything they do and provide a beacon of tors causing gastroparesis may include long- local union, and touched the lives of countless leadership not only in Pella, but in the entire standing diabetes, complications from sur- children. state of Iowa. geries, or other illnesses, such as MS and On Christmas Eve, 1967, she married her It is with great honor that I recognize Pella Parkinson’s disease. college sweetheart, State Representative Corporation and its hard working employees Gastroparesis is relatively common, affect- David Rutledge, a dear friend of mine. They today for their hard work and perseverance. I ing an estimated 5 million Americans including are the loving parents of Felicia and Marcus also invite my colleagues in the House to join thousands in my district in Milwaukee. While it and together, they supported each other’s en- me in congratulating Pella Corporation on their can strike anyone at any age, gastroparesis is deavors in business and public service. 90th anniversary. I wish them nothing but con- four times more likely to affect women than As an active member of the community, tinued success for another 90 years. men. Mrs. Rutledge was a faithful member of the f Gastroparesis can be debilitating and some- Second Baptist Church of Ypsilanti. She con- times life threatening. Symptoms (including tinually worked to strengthen her relationship TRIBUTE TO THE ANCIENT AND nausea or vomiting, stomach fullness, inability with God through biblical studies and church ACCEPTED SCOTTISH RITE MA- to finish a meal, and others) usually occur dur- attendance. She was also an active member SONS ing and after eating a normal sized meal and of the Red Hat Society, and Alpha Kappa can result in problems, such as severe dehy- Alpha Sorority, Inc. HON. JAMES E. CLYBURN dration, difficulty managing blood glucose lev- Mr. Speaker, I ask my colleagues to join me OF SOUTH CAROLINA els, obstruction, and malnutrition. today to honor the life and memory of Mrs. Geraldine Rutledge. She lived a life worthy of IN THE HOUSE OF REPRESENTATIVES There is no cure for gastroparesis. Treat- ments like dietary measures, medications, pro- recognition. As she makes her way to her Thursday, July 9, 2015 cedures to maintain nutrition, and surgery can heavenly home, may her family and friends Mr. CLYBURN. Mr. Speaker, I rise today to only reduce symptoms and related problems take comfort in the memory of the love she offer my congratulations to the Ancient and with the hope of maintaining quality of life. shared and the contributions she made to her Accepted Scottish Rite Masons as they cele- Studies reveal a growing incidence of community. brate their 151 years of service. gastroparesis, as well as increasing rates of f The Scottish Rite Masons is a national orga- related hospitalizations and emergency room TRIBUTE TO CHILDREN’S CANCER nization of individuals that strive to enrich the visits. However, as gastroparesis is a poorly CONNECTION lives of their members and enhance the com- understood condition, delayed diagnosis, treat- munities in which they live. The Scottish Rites’ ment, and management of the condition are first Supreme Council was founded in Charles- frequent challenges faced by this patient pop- HON. DAVID YOUNG OF IOWA ton, South Carolina in 1801, and a second Su- ulation. IN THE HOUSE OF REPRESENTATIVES preme Council was created in New York in Gastroparesis creates a significant burden 1806. on individuals and families. It also places a Thursday, July 9, 2015 The Scottish Rite Masons’ mission pro- burden of direct and indirect costs on the com- Mr. YOUNG of Iowa. Mr. Speaker, I rise claims that they ‘‘emulate the principles of munity, economy, and U.S. healthcare system. today to recognize and congratulate Children’s brotherly love, tolerance, charity and truth I applaud the efforts of nonprofit groups like Cancer Connection of Des Moines, Iowa. Chil- while actively embracing high social, moral the International Foundation for Functional dren’s Cancer Connection was recently recog- and spiritual values including fellowship, com- Gastrointestinal Disorders (IFFGD) from Mil- nized for their outstanding commitment to passion, and dedication to God, family and waukee, as well as other patient organiza- business ethics by the Better Business Bureau country.’’ tions, to provide education and support that (BBB) and presented with a 2015 Integrity They also produce a strategic plan that dis- will help those affected by gastroparesis. Award. plays five objectives, including offering Ma- I urge my fellow colleagues to join me in The Better Business Bureau has been de- sonic knowledge, establishing a public rela- recognizing August as National Gastroparesis veloping and administering self-regulation pro- tions department, supporting philanthropic ac- Awareness Month in an effort to improve our grams for the business community for the past

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.019 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1029 75 years. The Integrity Awards were estab- REMEMBERING THE LIFE OF ing force. She provided the people of the Con- lished in 1993 to recognize exemplary busi- VIVIAN E. JONES gressional District incredible assistance over nesses while promoting the BBB’s mission of her many years of service to Congress and leadership in advancing marketplace trust. HON. CHARLES B. RANGEL was a devoted friend to her colleagues and agency staff. Children’s Cancer Connection has lived up OF NEW YORK IN THE HOUSE OF REPRESENTATIVES A simple speech from the floor of this sump- to these goals and provided excellent service tuous body will never ease the pain of losing Thursday, July 9, 2015 since 1988 to children battling childhood can- such a precious soul. I can only hope that all cer. They offer their service at little or no cost Mr. RANGEL. Mr. Speaker, today I rise with of those whose lives were touched by her can to the families dealing with this devastating great sadness as I announce the passing of take solace in knowing that all of her hard disease and do not turn away patients be- my longtime District Administrator, Vivian E. work, guidance, and care throughout the years cause of their finances. Jones. As I speak with profound sorrow, I as- exceeded all measures of selflessness and cend to celebrate a life well lived and to re- I applaud and congratulate Children’s Can- devotion to our country. As I stand here with member with fondness the accomplishments my heart filled with grief, I honor her, not only cer Connection for earning this prestigious of a remarkable woman who, over her 45 for her courage, loyalty, faithfulness, and gen- award and for their dedicated service to our years of service to me and this body, etched erosity, but also for her simply being a true community. I am proud to represent them in her name in the walls of Congress as one of embodiment of the vision and determination of the U.S. Congress and I know that my col- its longest serving staff members. women that have strengthened and trans- leagues join me in congratulating Children’s Vivian’s death on July 2, 2015, brought im- formed America. No one can ever replace Cancer Connection and wishing them nothing mense sorrow and loss to me, my staff, and such a precious human being. She is survived but continued success in their future endeav- to the countless constituents that counted on by her brother Neil Jones and her niece Joyce ors. her assistance. The many who met and were Rodriguez. touched by Vivian and her life’s work can at- Mr. Speaker, rather than mourn her passing, f test that she was equal parts strong mind and I would hope that my colleagues join me in ample heart, a humble soul who cared deeply celebrating the life of our beloved Vivian IN HONOR OF THE RETIREMENT about the issues of the day and their impact Jones by remembering that she exemplified OF CHANCELLOR WILLIAM on everyday people. And yet she was able to greatness in every way. She was, in life, a ENGLISH ‘‘BRIT’’ KIRWAN influence public decision making, develop ac- shining example of all the best in our land. tivities of enormous impact and provide moti- There is no doubt that she will always be re- vation, inspiration, and consolation to the membered for her extraordinary commitment, HON. ELIJAH E. CUMMINGS younger members of my staff energy, wisdom, principle, and clear purpose Vivian Jones goes back to my days at law- which won the admiration of all those who OF MARYLAND firm Weaver, Evans, Wingate & Wright. She were privileged to come to know her. As stat- IN THE HOUSE OF REPRESENTATIVES was my administrative assistant when I first ed in Psalm 116:15, ‘‘Precious in the sight of practiced law. Vivian became a part of my the LORD is the death of his saints.’’ In rest, Thursday, July 9, 2015 campaign staff in March of 1970, when I, then may she find the peace we all seek. a young New York State Assemblyman, chal- Mr. CUMMINGS. Mr. Speaker, I rise today f lenged the legendary Adam Clayton Powell, to congratulate Brit Kirwan, Chancellor of the Jr. for the Congressional Seat. I PLEDGE ALLEGIANCE TO THE University System of Maryland on his recent Upon election to the Congress, she joined FLAG retirement. Dr. Kirwan has been a strong and the Congressional Staff as my Executive Sec- inspirational leader of the university system in retary. As a freshman Congressman, I was the HON. LUCILLE ROYBAL-ALLARD our great state, and we are sad to see him go. beneficiary of Vivian’s previous experience OF CALIFORNIA Dr. Kirwan first left his mark on the Univer- with secretarial and paralegal work. She im- IN THE HOUSE OF REPRESENTATIVES mediately became responsible for my sched- sity of Maryland when he served as an educa- Thursday, July 9, 2015 tor and instructor at our flagship campus in ule and constituent services in the district of- Ms. ROYBAL-ALLARD. Mr. Speaker, each College Park for 25 years. When he left Mary- fice, which was all done without computers in those early days of my career in the House. day, as we begin our work in Congress, we land in 2002 to become President of the Ohio In 1975, Vivian succeeded Virginia Bell as pledge allegiance to the flag of the United State University, he did so after having risen the District Administrator (District Director). In States of America, a flag that preserves our from an assistant professor in the mathe- her new role, Vivian’s responsibilities ex- republic’s promise of liberty and justice for all. matics department to department chair, pro- panded to the role of a Chief of Staff in the This is not the message of the Confederate vost, and eventually university president. District. She managed the local district offices, battle flag. We all know this flag represents When Dr. Kirwan returned to Maryland in directed work activities, supervised staff, and hate, intolerance, and bigotry. Like the Nazi 2002, to become chancellor of the University oversaw and coordinated activities in the dif- flag, the Confederate flag must be retired to System of Maryland he quickly set to work, ferent communities of the Congressional Dis- history books and museums. It has no place helping to shift the focus of the system and trict. As a woman in this role in the 1970’s and in the public square. Unconscionably, House Republicans are de- create innovative ways to support student de- proceeding decades, she was quite an effective leader and powerful force in pushing my fending the Confederate flag by blocking velopment. To do so he often used technology agenda forward in the district. She continued Democratic efforts to remove this rebel flag and the unique resources of the state of Mary- this role until January 1999, when Vivian relin- from the U.S. Capitol grounds. This comes land and national capital region to do so. quished her role, reducing her work load, and just hours after House Republicans offered an Since Dr. Kirwan became chancellor, enroll- began working part-time. amendment to undo Democratic amendments ment has risen 24 percent and the number of Although only part-time, a loyal colleague, that bar the display of the Confederate flag in students receiving bachelor’s degrees has Vivian Jones, continued to coordinate my federal cemeteries, and bar the National Park also grown significantly, by 36 percent. schedule in conjunction with the scheduler in Service from doing business with gift shops When he retired on June 30, completing a Washington, DC. She handled all personnel selling Confederate flag merchandise. proud career of public service, Dr. Kirwan had matters pertaining to district staff, and pre- It is a cold, cruel irony that just as South led significant improvements to our university pared correspondences of varying complexity Carolina votes to finally remove the Confed- for my signature. Vivian continued to arrive at erate flag at their statehouse, House Repub- system that will benefit both students and fac- the office in the wee hours of the morning on licans now seek to protect this symbol of hate ulty for decades to come. Mr. Speaker, I her assigned days. As always, she remained at the federal level. would like to thank Dr. Kirwan for his dedi- committed to offering a sympathetic ear or to Let us remove the Confederate flag from the cated service to our students and congratulate jump start a slow or reluctant bureaucracy for grounds of the U.S. Capitol. Doing so will him on an impressive career. The entire Mary- a constituent. honor our country and show respect for the land congressional delegation is proud to have For over 50 years, Vivian’s dynamic spirit flag of the United States of America, which is worked alongside him and we wish him well in and sense of purpose served me and all of the symbol of freedom, justice, and democracy his hard earned retirement. her past colleagues as a motivation and driv- for all.

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JY8.024 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1030 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2015 TRIBUTE TO MIDWEST HONORING COLONEL PETER Iraqi Freedom, OIF–II); and planning/advisory CONSTRUCTION & SUPPLY INC. AHERN ON HIS RETIREMENT duties with the Ugandan Peoples Defense Force; and humanitarian assistance disaster HON. DAVID YOUNG HON. MARTHA McSALLY relief operations in Japan (Operation OF IOWA OF ARIZONA TOMODACHI). IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Colonel Ahern has received a number of Thursday, July 9, 2015 Thursday, July 9, 2015 awards over the course of his career, most Mr. YOUNG of Iowa. Mr. Speaker, I rise Ms. MCSALLY. Mr. Speaker, I rise today to notably the Defense Superior Service Medal, today to recognize and congratulate Midwest honor Colonel Peter Ahern on his many years the Legion of Merit, the Meritorious Service Construction & Supply Incorporated of Grimes, of service to our country, and to wish him well Medal with three gold stars, the Navy Com- Iowa. Midwest Construction & Supply was re- on his upcoming retirement. mendation Medal with two gold stars, the Joint cently recognized for their outstanding commit- Colonel Ahern received his Bachelor’s De- ment to business ethics by the Better Busi- Meritorious Achievement Medal, the Navy gree from St. Ambrose University and was ness Bureau (BBB) and presented with a 2015 Achievement Medal, the Combat Action Rib- Integrity Award. commissioned through the Platoon Leaders bon, and the Navy-Marine Corps Expert Para- The Better Business Bureau has been de- Course program in May of 1986. In 2007, he chute Wings. veloping and administering self-regulation pro- received a Masters of Arts Degree in National Security and Strategic Studies from the Na- It’s not an overstatement to say Colonel grams for the business community for the past Ahern was one of the finest officers with 75 years. The Integrity Awards were estab- tional War College. whom I served. He and I were part of the ini- lished in 1993 to recognize exemplary busi- Colonel Ahern served 29 years in the Ma- tial cadre tasked to stand up Africa Command, nesses while promoting the BBB’s mission of rine Corps. His assignments included, but leadership in advancing marketplace trust. were not limited to, serving as Company Com- and we worked closely on many security and Midwest Construction & Supply has lived up mander, 1st Recruit Training Battalion, MCRD humanitarian issues that arose anywhere on to these goals and provided excellent service San Diego; Battery Commander, 1st Battalion, the continent. Colonel Ahern was an oper- and customer satisfaction for 57 years and 11th Marines, 1st Marine Division; Future Op- ationally-focused leader, a brilliant strategist, over three generations. This attitude spreads erations Division (J35) United States Africa and utmost professional. He was instrumental throughout the entire organization from their Command, Stuttgart, Germany; Commanding to the success of Africa Command, not just President, Kalliope Eaton. Officer Chemical Biological Incident Response while we served there, but long after he was I applaud and congratulate Midwest Con- Force (CBIRF), II Marine Expeditionary Force; reassigned as well. struction & Supply Inc. for earning this pres- and culminating as Director, Strategic Initia- tigious award. I am proud to represent them in tives Group (SIG), Headquarters Marine I thank Colonel Ahern for his many years of the U.S. Congress and I know that my col- Corps. service to our nation. It was a privilege to leagues join me in congratulating Midwest Colonel Ahern participated in combat oper- serve with him and call him a colleague, and Construction & Supply Inc. and wishing them ations in Saudi Arabia and Kuwait (Operation I wish him all the best in his upcoming retire- nothing but continued success in the future. Desert Shield/Desert Storm), Iraq (Operation ment.

VerDate Sep 11 2014 04:39 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.028 E09JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS Thursday, July 9, 2015 Daily Digest Senate McConnell (for Fischer/Nelson) Amendment No. Chamber Action 2214, relating to electronic warranties. Routine Proceedings, pages S4901–S4985 Pages S4983–84 Measures Introduced: Twenty-six bills and four National Day of the American Cowboy: Senate resolutions were introduced, as follows: S. agreed to S. Res. 219, designating July 25, 2015, as 1723–1748, S.J. Res. 18, and S. Res. 219–221. ‘‘National Day of the American Cowboy’’. Page S4984 Pages S4952–53 Medora Musical 50th Anniversary: Senate agreed Measures Reported: to S. Res. 220, commemorating the 50th anniversary S. 1725, making appropriations for the Depart- of the Medora Musical. Page S4984 ment of State, foreign operations, and related pro- Rocky Mountain National Park: Senate agreed grams for the fiscal year ending September 30, 2016. to S. Res. 221, recognizing the 100th anniversary of (S. Rept. No. 114–79) Rocky Mountain National Park. Page S4984 S. 1300, to amend the section 221 of the Immi- gration and Nationality Act to provide relief for Measures Considered: adoptive families from immigrant visa fees in certain Every Child Achieves Act—Agreement: Senate situations. continued consideration of S. 1177, to reauthorize S. 1482, to improve and reauthorize provisions re- the Elementary and Secondary Education Act of lating to the application of the antitrust laws to the 1965 to ensure that every child achieves, taking ac- award of need-based educational aid. Page S4952 tion on the following amendments proposed thereto: Measures Passed: Pages S4904–15, S4920–26 Adopted: United States Cotton Futures Act: Senate passed By a unanimous vote of 98 yeas (Vote No. 227), H.R. 2620, to amend the United States Cotton Fu- Murray (for Brown) Amendment No. 2099 (to tures Act to exclude certain cotton futures contracts Amendment No. 2089), to amend part A of title IV from coverage under such Act. Page S4979 of the Elementary and Secondary Education Act of United States Merchant Marine Academy Im- 1965 to allow funds provided under such part to be provements Act: Senate passed S. 143, to allow for used for a site resource coordinator. improvements to the United States Merchant Marine Pages S4912, S4913–14 Academy. Page S4980 By a unanimous vote of 98 yeas (Vote No. 228), Integrated Public Alert and Warning System Toomey Modified Amendment No. 2094 (to Modernization Act: Senate passed S. 1180, to amend Amendment No. 2089), to ensure that States have the Homeland Security Act of 2002 to direct the policies or procedures that prohibit aiding or abet- Administrator of the Federal Emergency Manage- ting of sexual abuse. Pages S4904, S4906–09, S4914 ment Agency to modernize the integrated public Alexander (for Portman) Amendment No. 2147 alert and warning system of the United States, after (to Amendment No. 2089), to promote recovery agreeing to the committee amendments. support services for students. Pages S4912, S4915 Pages S4980–83 Murray (for Manchin/Shaheen) Amendment No. E-Warranty Act: Senate passed S. 1359, to allow 2103 (to Amendment No. 2089), to enable local manufacturers to meet warranty and labeling re- educational agencies to use funds under part A of quirements for consumer products by displaying the title IV of the Elementary and Secondary Education terms of warranties on Internet websites, after agree- Act of 1965 for programs and activities that pro- ing to the following amendment proposed thereto: mote volunteerism and community service. Pages S4912, S4915 Pages S4983–84 D801

VerDate Sep 11 2014 06:40 Feb 23, 2016 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD15\JUL 15\D09JY5.REC D09JY5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D802 CONGRESSIONAL RECORD — DAILY DIGEST July 9, 2015 Murray (for Kaine) Amendment No. 2096 (to unanimous-consent agreement was reached providing Amendment No. 2089), to add career and technical that the amendment, having failed to achieve 60 af- education as a core academic subject. firmative votes, was not agreed to.) Pages S4912, S4915 Pages S4909–12, S4913 Alexander (for Heller/Manchin) Amendment No. Pending: 2121 (to Amendment No. 2089), to ensure timely Alexander/Murray Amendment No. 2089, in the and meaningful consultation between State edu- nature of a substitute. Page S4904 cational agencies and Governors in the development Murray (for Peters) Amendment No. 2095 (to of State plans under titles I and II and section 9302. Amendment No. 2089), to allow local educational Pages S4912, S4915 agencies to use parent and family engagement funds Murray (for Feinstein/Portman) Amendment No. for financial literacy activities. Page S4904 2087 (to Amendment No. 2089), to provide for ad- Murray (for Warren/Gardner) Amendment No. ditional means of certifying children, youth, parents, 2120 (to Amendment No. 2089), to amend section and families as homeless. Pages S4912, S4915 1111(d) of the Elementary and Secondary Education Alexander (for Fischer) Amendment No. 2079 (to Act of 1965 regarding the cross-tabulation of stu- Amendment No. 2089), to ensure local governance dent data. Pages S4912, S4913 of education. Pages S4904, S4915 Alexander (for Kirk) Amendment No. 2161 (to Alexander (for Gardner/Peters) Amendment No. Amendment No. 2089), to ensure that States meas- 2083 (to Amendment No. 2089), to enable local ure and report on indicators of student access to crit- educational agencies to use funds under part A of ical educational resources and identify disparities in title I for dual or concurrent enrollment programs at such resources. Pages S4923–25 eligible schools. Pages S4922–23 Alexander (for Scott) Amendment No. 2132 (to Murray (for McCaskill) Amendment No. 2092 (to Amendment No. 2089), to expand opportunity by Amendment No. 2089), enabling States, as a consor- allowing Title I funds to follow low-income chil- tium, to use certain grant funds to voluntarily de- dren. Pages S4923–25 velop a process that allows teachers who are licensed Alexander (for Hatch/Markey) Amendment No. or certified in a participating State to teach in other 2080 (to Amendment No. 2089), to establish a com- participating States. Pages S4922–23 mittee on student privacy policy. Pages S4923–25 Murray (for Gillibrand/Ayotte) Amendment No. Murray (for Franken) Amendment No. 2093 (to 2108 (to Amendment No. 2089), to amend the pro- Amendment No. 2089), to end discrimination based gram under part E of title II to ensure increased ac- on actual or perceived sexual orientation or gender cess to science, technology, engineering, and mathe- identity in public schools. Pages S4925–26 matics subject fields for underrepresented students. Murray (for Kaine) Amendment No. 2118 (to Pages S4922–23 Amendment No. 2089), to amend the State account- Alexander (for Gardner) Modified Amendment ability system under section 1113(b)(3) regarding No. 2119 (to Amendment No. 2089), to include the measures used to ensure that students are ready charter school representatives in the list of entities to enter postsecondary education or the workforce with whom a State and local educational agency without the need for postsecondary remediation. shall consult in the development of plans under title Pages S4925–26 I. Pages S4922–23, S4984 A unanimous-consent agreement was reached pro- Murray (for Casey) Amendment No. 2131 (to viding that at 5:30 p.m., on Monday, July 13, 2015, Amendment No. 2089), to improve the bill relating Senate vote on or in relation to the following to appropriate accommodations for children with dis- amendments, with no second-degree amendments in abilities. Pages S4922–23 order to any of the amendments prior to the votes: Murray (for Klobuchar/Hoeven) Amendment No. Alexander (for Hatch/Markey) Amendment No. 2138 (to Amendment No. 2089), to amend the Ele- 2080 (to Amendment No. 2089) (listed above), and mentary and Secondary Education Act of 1965 relat- Murray (for Kaine) Amendment No. 2118 (to ing to improving student academic achievement in Amendment No. 2089) (listed above). Page S4926 science, technology, engineering, and mathematics. A unanimous-consent agreement was reached pro- Pages S4922–23 viding that at approximately 4 p.m., on Monday, Rejected: July 13, 2015, Senate resume consideration of the By 44 yeas to 54 nays (Vote No. 226), Daines bill. Page S4984 Amendment No. 2110 (to Amendment No. 2089), to allow a State to submit a declaration of intent to House Messages: the Secretary of Education to combine certain funds National Defense Authorization Act: Senate in- to improve the academic achievement of students. (A sisted on its amendment to H.R. 1735, to authorize

VerDate Sep 11 2014 06:40 Feb 23, 2016 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD15\JUL 15\D09JY5.REC D09JY5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 9, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D803 appropriations for fiscal year 2016 for military ac- Nomination Discharged: The following nomina- tivities of the Department of Defense, for military tion was discharged from further committee consid- construction, and for defense activities of the Depart- eration and placed on the Executive Calendar: ment of Energy, to prescribe military personnel Monica C. Regalbuto, of Illinois, to be an Assist- strengths for such fiscal year, agreed to the request ant Secretary of Energy (Environmental Manage- of the House for a conference, and authorized the ment), which was sent to the Senate on February 25, Presiding Officer to appoint conferees, after taking 2015, from the Senate Committee on Energy and action on the following motions and motion to in- Natural Resources. Pages S4984–85 struct conferees proposed thereto: Pages S4915–20 Messages from the House: Page S4950 Adopted: McConnell motion to insist upon the Senate Executive Communications: Pages S4950–52 amendment, agree to the request by the House for Executive Reports of Committees: Page S4952 a conference, and authorize the Presiding Officer to Additional Cosponsors: Pages S4953–56 appoint conferees. Page S4919 Rejected: Statements on Introduced Bills/Resolutions: By 44 yeas to 52 nays (Vote No. 230), Reed Mo- Pages S4956–63 tion to Instruct Conferees to insist that the final Additional Statements: Pages S4948–50 conference report fully fund the President’s budget Amendments Submitted: Pages S4963–79 request for the Department of Defense, including $534.3 billion in base budget funding and $50.9 Authorities for Committees to Meet: Page S4979 billion in Overseas Contingency Operations budget Privileges of the Floor: Page S4979 funding, thereby supporting the bipartisan view that Record Votes: Five record votes were taken today. the funding caps imposed by the Budget Control (Total—230) Pages S4913, S4914, S4919, S4920 Act of 2011 should be eliminated or increased in proportionally equal amounts for the revised security Adjournment: Senate convened at 9:30 a.m. and adjourned at 6:34 p.m., until 3 p.m. on Monday, and non-security spending categories. Pages S4919–20 July 13, 2015. (For Senate’s program, see the re- During consideration of this measure today, Senate marks of the Majority Leader in today’s Record on also took the following action: page S4984.) By 81 yeas to 15 nays (Vote No. 229), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion Committee Meetings to close further debate on the McConnell motion to insist upon the Senate amendment, agree to the re- (Committees not listed did not meet) quest by the House for a conference, and authorize BUSINESS MEETING the Presiding Officer to appoint conferees. Committee on Appropriations: Committee ordered favor- Page S4919 ably reported an original bill entitled, ‘‘State, For- The Chair was authorized to appoint the following eign Operations, and Related Programs Appropria- conferees on the part of the Senate: Senators McCain, tions Act, 2016’’. Inhofe, Sessions, Wicker, Ayotte, Fischer, Cotton, Rounds, Graham, Reed, Nelson, Manchin, Gilli- NOMINATION brand, Donnelly, Hirono, and Kaine. Page S4920 Committee on Armed Services: Committee concluded a U.S. Air Force Academy Board of Visitors— hearing to examine the nomination of General Jo- Agreement: A unanimous-consent agreement was seph F. Dunford, Jr., USMC, to be Chairman of the reached providing that the letter of resignation from Joint Chiefs of Staff, after the nominee testified and the United States Air Force Academy Board of Visi- answered questions in his own behalf. tors be printed in the record. Page S4984 NOMINATIONS Nominations Received: Senate received the fol- Committee on Foreign Relations: Committee concluded lowing nominations: a hearing to examine the nominations of Michele Darlene Michele Soltys, of the District of Colum- Thoren Bond, of the District of Columbia, to be an bia, to be an Associate Judge of the Superior Court Assistant Secretary of State (Consular Affairs), and of the District of Columbia for the term of fifteen Sarah Elizabeth Mendelson, of the District of Colum- years. bia, to be Representative on the Economic and Social 52 Air Force nominations in the rank of general. Council of the United Nations, with the rank of 1 Army nomination in the rank of general. Ambassador, and to be an Alternate Representative Page S4984 to the Sessions of the General Assembly of the

VerDate Sep 11 2014 08:02 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JY5.REC D09JYPT1 smartinez on DSK4TPTVN1PROD with DIGEST D804 CONGRESSIONAL RECORD — DAILY DIGEST July 9, 2015 United Nations, after the nominees testified and an- S.1482, to improve and reauthorize provisions re- swered questions in their own behalf. lating to the application of the antitrust laws to the award of need-based educational aid; UNDERSTANDING AMERICA’S LONG TERM S.1300, to amend the section 221 of the Immigra- FISCAL PICTURE tion and Nationality Act to provide relief for adop- Committee on Homeland Security and Governmental Af- tive families from immigrant visa fees in certain sit- fairs: Committee concluded a hearing to examine un- uations; and derstanding America’s long-term fiscal picture, after The nominations of Luis Felipe Restrepo, of Penn- receiving testimony from Keith Hall, Director, Con- sylvania, to be United States Circuit Judge for the gressional Budget Office. Third Circuit, Travis Randall McDonough, to be United States District Judge for the Eastern District BUSINESS MEETING of Tennessee, and Waverly D. Crenshaw, Jr., to be Committee on the Judiciary: Committee ordered favor- United States District Judge for the Middle District ably reported the following business items: of Tennessee. h House of Representatives Resilient Federal Forests Act of 2015: The House Chamber Action passed H.R. 2647, to expedite under the National Public Bills and Resolutions Introduced: 27 pub- Environmental Policy Act and improve forest man- lic bills, H.R. 2990–2994, 2996–3017; and 3 reso- agement activities in units of the National Forest lutions, H. Res. 354–356, were introduced. System derived from the public domain, on public Pages H5028–30 lands under the jurisdiction of the Bureau of Land Additional Cosponsors: Pages H5031–32 Management, and on tribal lands to return resilience to overgrown, fire-prone forested lands, by a re- Report Filed: A report was filed today as follows: corded vote of 262 ayes to 167 noes, Roll No. 428. H.R. 2995, making appropriations for financial Pages H4985–86, H4987–93, H4993–H5007 services and general government for the fiscal year Pursuant to the Rule, an amendment in the na- ending September 30, 2016, and for other purposes ture of a substitute consisting of the text of Rules (H. Rept. 114–194). Page H5028 Committee Print 114–21, modified by the amend- Speaker: Read a letter from the Speaker wherein he ment printed in part B of H. Rept. 114–192, shall appointed Representative Valadao to act as Speaker be considered as an original bill for the purpose of pro tempore for today. Page H4959 amendment under the five-minute rule, in lieu of Recess: The House recessed at 11:47 a.m. and re- the amendments in the nature of a substitute rec- convened at 12 noon. Page H4970 ommended by the Committees on Agriculture and Natural Resources now printed in the bill. Motion to Adjourn: Rejected the Clyburn motion Page H4995 to adjourn by a recorded vote of 13 ayes to 402 Agreed to amend the title so as to read: ‘‘To expe- noes, Roll No. 424. Pages H4973–74 dite under the National Environmental Policy Act of Question of Privilege: Representative Pelosi rose to 1969 and improve forest management activities on a question of the privileges of the House and sub- National Forest System lands, on public lands under mitted a resolution (H. Res. 355). Subsequently, the jurisdiction of the Bureau of Land Management, Representative McCarthy moved to refer the resolu- and on tribal lands to return resilience to overgrown, tion to the Committee on House Administration and fire-prone forested lands, and for other purposes.’’. was recognized for one hour on the motion. Page H5007 Pages H4974–76 Agreed to: Agreed to the McCarthy motion to refer the reso- Tipton amendment (No. 2 printed in part C of H. lution, H. Res. 355, to the Committee on House Rept. 114–192) that requests stewardship contracts Administration by a recorded vote of 238 ayes to awarded prior to Feb. 7, 2014 shall be modified by 176 noes, Roll No. 426, after the previous question the Secretary to include fire liability provisions de- was ordered by a recorded vote of 238 ayes to 185 scribed in Section 604(d)(7) of the Healthy Forests noes, Roll No. 425. Pages H4975–76 Restoration Act of 2003; Pages H5003–04

VerDate Sep 11 2014 06:40 Feb 23, 2016 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD15\JUL 15\D09JY5.REC D09JY5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 9, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D805 Lujan Grisham (NM) amendment (No. 3 printed Quorum Calls—Votes: in part C of H. Rept. 114–192) that allows the For- One yea-and-nay vote and six recorded votes de- est Service to create a pilot program that would exe- veloped during the proceedings of today and appear cute contracts with tribes to perform administrative, on pages H4973–74, H4975, H4975–76, H5006, management, and other functions of programs of the H5007, H5007–08, and H5008. There were no Tribal Forest Protection Act of 2004; and quorum calls. Pages H5004–05 Adjournment: The House met at 10 a.m. and ad- Kilmer amendment (No. 4 printed in part C of journed at 8:56 p.m. H. Rept. 114–192) that directs the Secretary of Ag- riculture to develop and implement at least one landscape-scale forest restoration project that in- Committee Meetings cludes, as a defined purpose of that project, the generation of material that will be used to promote ad- U.S. INTERNATIONAL FOOD AID vanced wood products; requires that the project be PROGRAMS: OVERSIGHT AND developed through a collaborative process. ACCOUNTABILITY Pages H5005–06 Committee on Agriculture: Subcommittee on Livestock Rejected: and Foreign Agriculture held a hearing entitled Polis amendment (No. 1 printed in part C of H. ‘‘U.S. International Food Aid Programs: Oversight Rept. 114–192) that sought to strike Section 203, and Accountability’’. Testimony was heard from relating to the prohibition on restraining orders, pre- Thomas Melito, Director, International Affairs and liminary injunctions, and injunctions pending ap- Trade, Government Accountability Office; Catherine peals, and strike Title III, relating to the imposition Trujillo, Acting Deputy Inspector General, U.S. of a bond requirement as part of a potential legal Agency for International Development; and Rod challenge of certain forest management activities (by DeSmet, Deputy Assistant Inspector General for a recorded vote of 181 ayes to 247 noes, Roll No. Audit, Office of the Inspector General, Department 427. Pages H5002–03, H5006 of Agriculture. H. Res. 347, the rule providing for the further consideration of the bill (H.R. 5) and consideration MISCELLANEOUS MEASURE of the bill (H.R. 2647) was agreed to yesterday, July Committee on Appropriations: Subcommittee on Home- 8th. land Security held a markup on the Homeland Secu- 21st Century Cures Act: The House began consid- rity Appropriations Bill, FY 2016. The Homeland eration of H.R. 6, to accelerate the discovery, devel- Security Appropriations Bill, FY 2016, was for- opment, and delivery of 21st century cures. Consid- warded to the full committee, without amendment. eration is expected to resume tomorrow, July 10th. Pages H5008–16 LEGISLATIVE MEASURE Pursuant to the Rule, an amendment in the na- Committee on Energy and Commerce: Subcommittee on ture of a substitute consisting of the text of Rules Energy and Power held a hearing entitled ‘‘H.R. Committee Print 114–22 shall be considered as 702, Legislation to Prohibit Restrictions on the Ex- adopted in the House and in the Committee of the port of Crude Oil’’. Testimony was heard from Peter Whole, in lieu of the amendment in the nature of Gandalovic, Ambassador to the United States, Czech a substitute recommended by the Committee on En- Republic; and public witnesses. ergy and Commerce now printed in the bill. The bill, as amended, shall be considered as the original THE DODD-FRANK ACT FIVE YEARS bill for the purpose of further amendment under the LATER: ARE WE MORE STABLE? five-minute rule and shall be considered as read. Committee on Financial Services: Full Committee held H. Res. 350, the rule providing for consideration a hearing entitled ‘‘The Dodd-Frank Act Five Years of the bill (H.R. 6) was agreed to by a recorded vote Later: Are We More Stable?’’. Testimony was heard of 244 ayes to 183 noes, Roll No. 430, after the pre- from public witnesses. vious question was ordered by a yea-and-nay vote of 242 yeas to 185 nays, Roll No. 429. IMPLICATIONS OF A NUCLEAR Pages H4976–85, H5007–08 AGREEMENT WITH IRAN Senate Messages: Message received from the Senate Committee on Foreign Affairs: Full Committee held a and message received from the Senate by the Clerk hearing entitled ‘‘Implications of a Nuclear Agree- and subsequently presented to the House today ap- ment with Iran’’. Testimony was heard from public pear on pages H4976 and H4986–87. witnesses.

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THE GULF COOPERATION COUNCIL CAMP lation was ordered reported, without amendment: DAVID SUMMIT: ANY RESULTS? H.R. 487, H.R. 959, H.R. 1138, H.R. 1554, H.R. Committee on Foreign Affairs: Subcommittee on the 1937, H.R. 1949, H.R. 2223, H.R. 2791, S. 501. Middle East and North Africa held a hearing entitled ‘‘The Gulf Cooperation Council Camp David CONSTRUCTION COSTS AND DELAYS AT Summit: Any Results?’’. Testimony was heard from THE U.S. EMBASSY IN KABUL Kenneth Katzman, Specialist in Middle Eastern Af- Committee on Oversight and Government Reform: Full fairs, Congressional Research Service; and public wit- Committee held a hearing entitled ‘‘Construction nesses. Costs and Delays at the U.S. Embassy in Kabul’’. AFRICA’S DISPLACED PEOPLE Testimony was heard from Lydia Muniz, Director, Committee on Foreign Affairs: Subcommittee on Africa, Bureau of Overseas Buildings Operations, Depart- Global Health, Global Human Rights, and Inter- ment of State; Michael J. Courts, Director, Inter- national Organizations held a hearing entitled ‘‘Afri- national Affairs and Trade, Government Account- ca’s Displaced People’’. Testimony was heard from ability Office; Gregory B. Starr, Assistant Secretary, Catherine Wiesner, Deputy Assistant Secretary of Bureau of Diplomatic Security, Department of State; State, Bureau of Population, Refugees, and Migra- Donald S. Hays, Senior Inspector, Office of the In- tion, Department of State; Thomas H. Staal, Acting spector General, Department of State; Jarrett Blanc, Assistant Administrator, Bureau for Democracy, Principal Deputy Special Representative for Afghani- Conflict, and Humanitarian Assistance, U.S. Agency stan and Pakistan, Department of State; and a public for International Development; and public witnesses. witness. LEGISLATIVE MEASURE EXAMINING EPA’S REGULATORY Committee on the Judiciary: Subcommittee on Regu- OVERREACH latory Reform, Commercial and Antitrust Law held a hearing on H.R. 2947, the ‘‘Financial Institution Committee on Science, Space, and Technology: Full Com- Bankruptcy Act of 2015’’. Testimony was heard mittee held a hearing entitled ‘‘Examining EPA’s from public witnesses. Regulatory Overreach’’. Testimony was heard from Gina McCarthy, Administrator, Environmental Pro- THE STATE OF PROPERTY RIGHTS IN tection Agency. AMERICA TEN YEARS AFTER KELO v. CITY OF NEW LONDON MISCELLANEOUS MEASURES Committee on the Judiciary: Subcommittee on the Con- Committee on Veterans’ Affairs: Subcommittee on Dis- stitution and Civil Justice held a hearing entitled ability Assistance and Memorial Affairs held a mark- ‘‘The State of Property Rights in America Ten Years up on H.R. 2214, the ‘‘Disabled Veterans’ Access to After Kelo v. City of New London’’. Testimony was Medical Exams Improvement Act’’; H.R. 800, ‘‘the heard from public witnesses. Express Appeals Act’’; H.R. 1379, to amend title MISCELLANEOUS MEASURES 38, United States Code, to authorize the Board of Committee on Natural Resources: Full Committee con- Veterans’ Appeals to develop evidence in appeal cluded a markup on H.R. 487, to allow the Miami cases, and for other purposes; H.R. 1380, to amend Tribe of Oklahoma to lease or transfer certain lands; title 38, United States Code, to expand the eligi- H.R. 959, the ‘‘Medgar Evers House Study Act’’; bility for a medallion furnished by the Secretary of H.R. 1554, the ‘‘Elkhorn Ranch and White River Veterans Affairs to signify the veteran status of a de- National Forest Conveyance Act of 2015’’; H.R. ceased individual; H.R. 2605, the ‘‘Veterans Fidu- 1937, the ‘‘National Strategic and Critical Minerals ciary Reform Act of 2015’’; H.R. 1302, the ‘‘VA Production Act of 2015’’; H.R. 1949, the ‘‘The Na- Appeals Backlog Relief Act’’; H.R. 1338, the ‘‘Dig- tional Liberty Memorial Clarification Act of 2015’’; nified Interment of Our Veterans Act of 2015’’; H.R. 2223, the ‘‘Crags, Colorado Land Exchange Act H.R. 1384, the ‘‘Honor America’s Guard-Reserve of 2015’’; H.R. 2791, the ‘‘Western Oregon Tribal Retirees Act’’; and H.R. 2691, the ‘‘Veterans’ Sur- Fairness Act’’; H.R. 2898, the ‘‘Western Water and vivors Claims Processing Automation Act of 2015’’. American Food Security Act of 2015’’; S. 501, the The following legislation was forwarded to the full ‘‘New Mexico Water Settlement Technical Correc- committee, as amended: H.R. 2214, H.R. 800, H.R. tions Act’’; and H.R. 1138, the ‘‘Sawtooth National 1379, H.R. 1380, and H.R. 2605. The following Recreation Area and Jerry Peak Wilderness Addi- legislation was ordered reported, without amend- tions Act’’. The following legislation was ordered re- ment: H.R. 1302, H.R. 1338, H.R. 1384, and H.R. ported, as amended: H.R. 2898. The following legis- 2691.

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PROMOTING WORK OPPORTUNITIES FOR COMMITTEE MEETINGS FOR FRIDAY, SOCIAL SECURITY DISABILITY INSURANCE JULY 10, 2015 BENEFICIARIES (Committee meetings are open unless otherwise indicated) Committee on Ways and Means: Full Committee held Senate a hearing on promoting work opportunities for So- cial Security Disability Insurance beneficiaries. Testi- No meetings/hearings scheduled. mony was heard from James Smith, Budget and Pol- House icy Manager, Division of Vocational Rehabilitation, Committee on Energy and Commerce, Subcommittee on Vermont Agency of Human Services; and public wit- Commerce, Manufacturing, and Trade, hearing entitled nesses. ‘‘H.R. 985, Concrete Masonry Products Research, Edu- cation, and Promotion Act of 2015’’, 9 a.m., 2123 Ray- burn. Joint Meetings Committee on Financial Services, Subcommittee on Hous- No joint committee meetings were held. ing and Insurance, hearing entitled ‘‘The Future of Hous- ing in America: Oversight of HUD’s Public and Indian Housing Programs’’, 9:45 a.m., 2128 Rayburn. Committee on Science, Space, and Technology, Subcommittee on Space, hearing entitled ‘‘The International Space Sta- tion: Addressing Operational Challenges’’, 9 a.m., 2318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, July 13 9 a.m., Friday, July 10

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: Complete consideration of H.R. morning business (not to extend beyond one hour), Senate 6—21st Century Cures Act (Subject to a Rule). will resume consideration of S. 1177, Every Child Achieves Act. At 5:30 p.m., Senate will vote on or in relation to Alexander (for Hatch/Markey) Amendment No. 2080 (to Amendment No. 2089), and Murray (for Kaine) Amendment No. 2118 (to Amendment No. 2089).

Extensions of Remarks, as inserted in this issue

HOUSE Fincher, Stephen Lee, Tenn., E1027 Moore, Gwen, Wisc., E1028 Granger, Kay, Tex., E1022 O’Rourke, Beto, Tex., E1027 Blum, Rod, Iowa, E1023, E1026 Harris, Andy, Md., E1023 Pittenger, Robert, N.S., E1024 Clarke, Yvette D., N.Y., E1021, E1023 Higgins, Brian, N.Y., E1022, E1024 Rangel, Charles B., N.Y., E1029 Clyburn, James E., S.C., E1028 Hurt, Robert, Va., E1023 Ratcliffe, John, Tex., E1026 Coffman, Mike, Colo., E1027 Keating, William R., Mass., E1022 Collins, Doug, Ga., E1022 Lujan Grisham, Michelle, N.M., E1024 Roybal-Allard, Lucille, Calif., E1029 Cummings, Elijah E., Md., E1029 McSally, Martha, Ariz., E1030 Whitfield, Ed, Ky., E1027 Dingell, Debbie, Mich., E1028 Meadows, Mark, N.C., E1024 Young, David, Iowa, E1023, E1023, E1026, E1027, E1028, Farr, Sam, Calif., E1021 Miller, Jeff, Fla., E1021 E1028, E1030

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