H3700 CONGRESSIONAL RECORD — HOUSE June 2, 2015 Honda McCollum Sarbanes consideration of the bill (H.R. 2289) to amount appropriated, not to exceed $7,200 Hoyer McDermott Scalise reauthorize the Commodity Futures shall be available for official reception and Huffman McGovern Schakowsky representation expenses: Provided further, Israel McNerney Trading Commission, to better protect Schiff That not to exceed $25,000,000 shall remain Jeffries McSally futures customers, to provide end-users Schrader available until expended: Provided further, Johnson (GA) Meeks Scott (VA) with market certainty, to make basic Johnson, E. B. Meng That each United States Attorney shall es- Scott, David reforms to ensure transparency and ac- Joyce Moore Serrano tablish or participate in a task force on Kaptur Moulton Sewell (AL) countability at the Commission, to human trafficking. Katko Murphy (FL) Sherman help farmers, ranchers, and end-users UNITED STATES TRUSTEE SYSTEM FUND Keating Nadler Kelly (IL) Napolitano Simpson manage risks, to help keep consumer For necessary expenses of the United Kennedy Neal Sinema costs low, and for other purposes, States Trustee Program, as authorized, Kildee Nolan Sires which was referred to the House Cal- $225,908,000, to remain available until ex- Kilmer Norcross Slaughter pended and to be derived from the United Smith (WA) endar and ordered to be printed. Kind Nunes States Trustee System Fund: Provided, That, Kirkpatrick O’Rourke Speier f Kuster Pallone Stefanik notwithstanding any other provision of law, Langevin Pascrell Swalwell (CA) COMMERCE, JUSTICE, SCIENCE, deposits to the Fund shall be available in Larsen (WA) Payne Takai AND RELATED AGENCIES APPRO- such amounts as may be necessary to pay re- Larson (CT) Pelosi Takano PRIATIONS ACT, 2016 funds due depositors: Provided further, That, Lawrence Perlmutter Thompson (CA) notwithstanding any other provision of law, Lee Peters Thompson (MS) The SPEAKER pro tempore. Pursu- $162,000,000 of offsetting collections pursuant Levin Peterson Titus ant to House Resolution 287 and rule to section 589a(b) of title 28, United States Lewis Pingree Tonko XVIII, the Chair declares the House in Code, shall be retained and used for nec- Lieu, Ted Pocan Torres Lipinski essary expenses in this appropriation and Polis Tsongas the Committee of the Whole House on Loebsack Price (NC) shall remain available until expended: Pro- Vargas the state of the Union for the further Lofgren Quigley vided further, That the sum herein appro- Veasey Lowenthal Rangel consideration of the bill, H.R. 2578. priated from the Fund shall be reduced as Lowey Reed Vela Will the gentleman from Georgia Vela´ zquez such offsetting collections are received dur- Lujan Grisham Rice (NY) (Mr. WESTMORELAND) kindly resume Visclosky ing fiscal year 2016, so as to result in a final (NM) Richmond the chair. Luja´ n, Ben Ray Roybal-Allard Walz fiscal year 2016 appropriation from the Fund Wasserman estimated at $63,908,000. (NM) Ruiz b 1900 Lynch Ruppersberger Schultz SALARIES AND EXPENSES, FOREIGN CLAIMS Maloney, Rush Waters, Maxine IN THE COMMITTEE OF THE WHOLE SETTLEMENT COMMISSION Carolyn Ryan (OH) Watson Coleman Maloney, Sean Sa´ nchez, Linda Welch Accordingly, the House resolved For expenses necessary to carry out the ac- Matsui T. Wilson (FL) itself into the Committee of the Whole tivities of the Foreign Claims Settlement McCaul Sanchez, Loretta Yarmuth House on the state of the Union for the Commission, including services as author- ized by section 3109 of title 5, United States NOT VOTING—6 further consideration of the bill (H.R. 2578) making appropriations for the De- Code, $2,326,000. Adams Griffith Roe (TN) FEES AND EXPENSES OF WITNESSES Clyburn Jackson Lee Van Hollen partments of Commerce and Justice, Science, and Related Agencies for the For fees and expenses of witnesses, for ex- ANNOUNCEMENT BY THE ACTING CHAIR fiscal year ending September 30, 2016, penses of contracts for the procurement and The Acting CHAIR (during the vote). supervision of expert witnesses, for private and for other purposes, with Mr. WEST- There is 1 minute remaining. counsel expenses, including advances, and for MORELAND (Acting Chair) in the chair. expenses of foreign counsel, $270,000,000, to b 1856 The Clerk read the title of the bill. remain available until expended, of which So the amendment was agreed to. The Acting CHAIR. When the Com- not to exceed $16,000,000 is for construction of The result of the vote was announced mittee of the Whole rose earlier today, buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and as above recorded. an amendment offered by the gen- tleman from Arizona (Mr. GOSAR) had maintenance of armored and other vehicles PERSONAL EXPLANATION been disposed of, and the bill had been for witness security caravans; and not to ex- Mr. VAN HOLLEN. Mr. Chair, on June 2, ceed $13,000,000 is for the purchase, installa- read through page 25, line 20. tion, maintenance, and upgrade of secure 2015, I was unavoidably detained and missed The Clerk will read. four votes. Had I been present, I would have telecommunications equipment and a secure The Clerk read as follows: automated information network to store and voted ‘‘no’’ on rollcall No. 270, ‘‘yea’’ on rollcall In addition, for reimbursement of expenses retrieve the identities and locations of pro- No. 271, ‘‘yea’’ on rollcall No. 272, and ‘‘no’’ of the Department of Justice associated with tected witnesses: Provided, That amounts on rollcall No. 273. processing cases under the National Child- made available under this heading may not Mr. CULBERSON. Mr. Chairman, I hood Vaccine Injury Act of 1986, not to ex- be transferred pursuant to section 205 of this move that the Committee do now rise. ceed $8,000,000, to be appropriated from the Act. The motion was agreed to. Vaccine Injury Compensation Trust Fund. SALARIES AND EXPENSES, COMMUNITY Accordingly, the Committee rose; SALARIES AND EXPENSES, ANTITRUST DIVISION RELATIONS SERVICE and the Speaker pro tempore (Mrs. For expenses necessary for the enforce- (INCLUDING TRANSFER OF FUNDS) ELLMERS of North Carolina) having as- ment of antitrust and kindred laws, For necessary expenses of the Community sumed the chair, Mr. WESTMORELAND, $162,246,000, to remain available until ex- Relations Service, $13,000,000: Provided, That Acting Chair of the Committee of the pended: Provided, That notwithstanding any notwithstanding section 205 of this Act, upon Whole House on the state of the Union, other provision of law, fees collected for a determination by the Attorney General reported that that Committee, having premerger notification filings under the that emergent circumstances require addi- tional funding for conflict resolution and vi- had under consideration the bill (H.R. Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the olence prevention activities of the Commu- 2578) making appropriations for the De- year of collection (and estimated to be nity Relations Service, the Attorney General partments of Commerce and Justice, $124,000,000 in fiscal year 2016), shall be re- may transfer such amounts to the Commu- Science, and Related Agencies for the tained and used for necessary expenses in nity Relations Service, from available appro- fiscal year ending September 30, 2016, this appropriation, and shall remain avail- priations for the current fiscal year for the and for other purposes, had come to no able until expended: Provided further, That Department of Justice, as may be necessary resolution thereon. the sum herein appropriated from the gen- to respond to such circumstances: Provided eral fund shall be reduced as such offsetting further, That any transfer pursuant to the f collections are received during fiscal year preceding proviso shall be treated as a re- REPORT ON RESOLUTION PRO- 2016, so as to result in a final fiscal year 2016 programming under section 505 of this Act VIDING FOR CONSIDERATION OF appropriation from the general fund esti- and shall not be available for obligation or mated at $38,246,000. expenditure except in compliance with the H.R. 2289, COMMODITY END-USER procedures set forth in that section. RELIEF ACT SALARIES AND EXPENSES, UNITED STATES ATTORNEYS UNITED STATES MARSHALS SERVICE Mr. NEWHOUSE, from the Com- For necessary expenses of the Offices of the SALARIES AND EXPENSES mittee on Rules, submitted a privi- United States Attorneys, including inter- For necessary expenses of the United leged report (Rept. No. 114–136) on the governmental and cooperative agreements, States Marshals Service, $1,220,000,000, of resolution (H. Res. 288) providing for $1,995,000,000: Provided, That of the total which not to exceed $6,000 shall be available

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.050 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3701 for official reception and representation ex- b 1900 which has other proven avenues of penses, and not to exceed $15,000,000 shall re- AMENDMENT OFFERED BY MR. PITTENGER funding and prioritize the funding we main available until expended. Mr. PITTENGER. Mr. Chairman, I do have for those seeking to protect us CONSTRUCTION have an amendment at the desk. from terrorism. For construction in space controlled, occu- The Acting CHAIR. The Clerk will re- I encourage all my colleagues to sup- pied or utilized by the United States Mar- port the amendment. port the amendment, and with that, I shals Service for prisoner holding and re- The Clerk read as follows: reserve the balance of my time. lated support, $11,000,000, to remain available Page 32, line 5, after the dollar amount, in- Mr. FATTAH. Mr. Chairman, I rise in until expended. sert ‘‘(increased by $25,000,000)’’. opposition to this amendment. FEDERAL PRISONER DETENTION Page 72, line 7, after each of the dollar The Acting CHAIR (Mr. HUDSON). The (INCLUDING TRANSFER OF FUNDS) amounts, insert ‘‘(reduced by $25,000,000)’’. gentleman from Pennsylvania is recog- For necessary expenses related to United The Acting CHAIR. Pursuant to nized for 5 minutes. States prisoners in the custody of the United House Resolution 287, the gentleman Mr. FATTAH. Mr. Chairman, I yield States Marshals Service as authorized by from North Carolina and a Member op- myself such time as I may consume. section 4013 of title 18, United States Code, posed each will control 5 minutes. Mr. Chairman, the committee, over $1,058,081,000, to remain available until ex- The Chair recognizes the gentleman the time that I have been on the com- pended: Provided, That not to exceed from North Carolina. mittee, each and every year has in- $20,000,000 shall be considered ‘‘funds appro- Mr. PITTENGER. Mr. Chairman, I creased its appropriations to the FBI, priated for State and local law enforcement thank the chairman for his leadership and this year is no exception. The assistance’’ pursuant to section 4013(b) of title 18, United States Code: Provided further, and hard work on this bill. chairman, in his wisdom, working with That the United States Marshals Service Mr. Chairman, my amendment is a very tough allocation, has provided shall be responsible for managing the Justice simple, it is fair, it is fiscally respon- $8.5 billion—to be exact, $8.489 billion, Prisoner and Alien Transportation System: sible, and it strengthens our national which is a $111 million increase. Provided further, That any unobligated bal- security. My amendment reduces Fed- I think that the gentleman, if his ances available from funds appropriated eral spending for the Legal Services concern is about us providing adequate under the heading ‘‘General Administration, Corporation by $25 million while leav- funding for the Bureau, can rest as- Detention Trustee’’ shall be transferred to ing the program substantially intact. sured that the committee has taken and merged with the appropriation under That money is then used to increase every—they have taken that responsi- this heading. funds for the FBI in their critical coun- bility very seriously. NATIONAL SECURITY DIVISION terterrorism efforts. If his concern or effort is to suggest SALARIES AND EXPENSES The underlying bill appropriates $300 that somehow pro bono lawyers are (INCLUDING TRANSFER OF FUNDS) million for the LSC, but Congress has going to make up the difference for a For expenses necessary to carry out the ac- not authorized the LSC since 1980. Mr. cut at Legal Services, in a big city like tivities of the National Security Division, Chairman, 35 years is much too long to Philadelphia, it may be so that we have $95,000,000, of which not to exceed $5,000,000 leave a Federal program on autopilot. law firms who can have pro bono part- for information technology systems shall re- Even the nonpartisan CBO has recog- ners who can spend their time helping main available until expended: Provided, nized defunding the LSC is a way to people who are not going to be able to That notwithstanding section 205 of this Act, rein in our out-of-control spending, pay them, but in large swaths of our upon a determination by the Attorney Gen- noting that programs receiving LSC country, that is not the case. eral that emergent circumstances require grants already receive funding from Legal Services was created and it additional funding for the activities of the National Security Division, the Attorney States, localities, and private entities, helps people, many of whom are vet- General may transfer such amounts to this as well as from private attorneys in- erans, for instance, who are stationed heading from available appropriations for volved in pro bono work. Community far away from home, who have to fight the current fiscal year for the Department of problems are best solved at the com- off efforts by people who are trying to Justice, as may be necessary to respond to munity level, not through the Federal repossess a car or do something else ne- such circumstances: Provided further, That bureaucracy. farious. They need access to the courts. any transfer pursuant to the preceding pro- This amendment, however, does not And so it was President Nixon who cre- viso shall be treated as a reprogramming suddenly end LSC and its programs. It ated Legal Services, understanding under section 505 of this Act and shall not be available for obligation or expenditure ex- simply reduces funding in a responsible that one of the things about our coun- cept in compliance with the procedures set and modest way and applies that try, it is a country of laws. People have forth in that section. money toward critical national secu- to have access to the courts, and they INTERAGENCY LAW ENFORCEMENT rity efforts. This amendment need representation. prioritizes the spending of taxpayer So I think there is already a justice INTERAGENCY CRIME AND DRUG ENFORCEMENT money on our current needs. gap, that is the percentage of people el- For necessary expenses for the identifica- Earlier this year, FBI Director James igible to the numbers who are actually tion, investigation, and prosecution of indi- Comey said he has ‘‘homegrown violent able to be helped, and I think this viduals associated with the most significant extremist investigations in every sin- drug trafficking and affiliated money laun- would be unwise. I hope and I believe dering organizations not otherwise provided gle State.’’ Just last month, the De- that this House will not support this for, to include inter-governmental agree- partment of Homeland Security Sec- amendment because it would be taking ments with State and local law enforcement retary, Secretary Johnson, said: from people who need it the most when agencies engaged in the investigation and ‘‘We’re very definitely in a new envi- there is no definitive need for it in prosecution of individuals involved in orga- ronment because of ISIL’s effective use terms of where it is being allocated. nized crime drug trafficking, $510,000,000, of of social media, the Internet, which has Mr. Chairman, I now yield 2 minutes which $50,000,000 shall remain available until the ability to reach into the homeland to the gentleman from Tennessee, Con- expended: Provided, That any amounts obli- and possibly inspire others.’’ He con- gressman COHEN, my colleague who gated from appropriations under this head- ing may be used under authorities available tinued, saying, ‘‘Because of the use of represents the city of Memphis. to the organizations reimbursed from this the Internet, we could have little or no Mr. COHEN. Mr. Chairman, I thank appropriation. notice in advance of an independent Mr. FATTAH. I join with him in oppos- FEDERAL BUREAU OF INVESTIGATION actor attempting to strike.’’ But in a ing this amendment. congressionally mandated report re- Legal Services is funded at $375 mil- SALARIES AND EXPENSES leased in March of this year, the FBI lion this year. This budget cuts it $75 For necessary expenses of the Federal Bu- Commissioner said, budget cuts ‘‘se- million to $300 million. That is a large reau of Investigation for detection, inves- verely hindered the FBI’s intelligence cut. That is over 20 percent. It has been tigation, and prosecution of crimes against cut and cut and cut over the years. the United States, $8,489,786,000, of which not and national security programs.’’ to exceed $216,900,000 shall remain available Mr. Chairman, given the constant, Nationally, 50 percent of all eligible until expended: Provided, That not to exceed evolving, and new threats we face potential clients are turned away from $184,500 shall be available for official recep- today from terrorism, it is common Legal Services because of a lack of tion and representation expenses. sense to reduce spending for a program funding. In my district in Memphis,

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.052 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3702 CONGRESSIONAL RECORD — HOUSE June 2, 2015 they have lost $300,000, and the staff Mr. Chairman, talking about how these in such programs and the distribution of has been reduced from 50 to 38. laws are shaped to touch people’s lives items of token value that promote the goals Mr. Chairman, when we travel over- and very little time speaking about the of such programs, $2,073,945,000; of which not seas, one of the things that almost enforcement and protections that they to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall every individual you meet up with tells provide. Mr. Chairman, this is that mo- be available for official reception and rep- us about America is, We envy your jus- ment, and I ask my colleagues to vote resentation expenses. tice system. They envy our justice sys- ‘‘no’’ on the amendment. AMENDMENT OFFERED BY MR. COHEN tem because people have access to the MR. FATTAH. Mr. Chairman, I yield Mr. COHEN. Mr. Chairman, I have an courts to settle our differences. back the balance of my time. amendment at the desk concerning But if you are poor and/or Mr. PITTENGER. Mr. Chairman, I rape kits. uneducated and you don’t have a law- yield myself such time as I may con- The Acting CHAIR. The Clerk will re- yer, you don’t have access, really, to sume. port the amendment. the legal system; the other side will. If Mr. Chairman, I acknowledge the The Clerk read as follows: you are a domestic violence victim and wonderful work of Mr. KENNEDY and Page 33, line 5, after the first dollar you need an attorney and you don’t what he has done with Legal Services. amount, insert ‘‘(reduced by $4,000,000)’’. have one, you are subject to further do- I would say that Legal Services, frank- Page 49, line 9, after the dollar amount, in- mestic violence. If you are a tenant in ly, has had a long and troubled history sert ‘‘(increased by $4,000,000)’’. an apartment building and you are of using taxpayer money for political The Acting CHAIR. Pursuant to being run out, the apartment people purposes. House Resolution 287, the gentleman are going to have attorneys and you An LSC-affiliated agency once used from Tennessee and a Member opposed won’t, and you will be on the street. Federal tax dollars to produce pam- each will control 5 minutes. So we are talking about victims, do- phlets and political cartoons for polit- The Chair recognizes the gentleman mestic victims. We are talking about ical advocacy purposes. Tax dollars from Tennessee. people being homeless. We are talking were also used to train activists on b 1915 about individuals, American citizens, how to lobby Congress for additional who won’t have access to the courts, funding. The LSC is marked by misuse Mr. COHEN. Mr. Chairman, I yield the envy of people around the world of taxpayer money and redundancy, as myself such time as I may consume. when they look at America, and we many of these programs are offered, as This amendment would increase by $4 will be taking it away from them. well, by the States. million the bill’s funding for grants to I would ask the gentleman to find So I don’t question that there is good address the backlog of sexual assault moneys for the FBI from somewhere work that is being done, but at the kits at law enforcement agencies. else. The FBI helps bring about justice. same time, I think it is prudent and DNA analysis has been revolutionary But to take it away from an area that logical that we look and see how this in helping to catch criminals and pre- gives poor people of America justice— money is not being used wisely and, vent crimes from occurring because of even though it does give money to the frankly, been inappropriately used. DNA evidence. This evidence does us no FBI to find criminals and hopefully So, Mr. Chairman, this is a very, very good if it remains untested and sitting bring justice to them on the criminal modest cut in this agency. I commend on a shelf in a lab somewhere. side, which is important—this is not this amendment to the House and ask Despite progress over the last few the right place to take the money. for their support, and I yield back the years, and much progress most re- Mr. FATTAH. Mr. Chairman, I agree balance of my time. cently, there are still thousands of rape with the spirit. The Acting CHAIR. The question is kits that remain untested—potentially Mr. Chairman, I yield 1 minute to the on the amendment offered by the gen- hundreds of thousands. That is poten- gentleman from Massachusetts (Mr. tleman from North Carolina (Mr. tially hundreds of thousands of victims KENNEDY). PITTENGER). whose assailants are never brought to Mr. KENNEDY. Mr. Chairman, I am The question was taken; and the Act- justice left to prey on yet more women. grateful for the time of both my col- ing Chair announced that the ayes ap- Last year, my hometown paper, the leagues. I want to recognize the ex- peared to have it. Memphis Commercial Appeal, high- traordinary commitment that my col- Mr. COHEN. Mr. Chairman, I demand lighted the tragic need to end this league, Mr. PITTENGER, has made to a recorded vote. backlog once and for all. It described a counterterrorism and trying to protect The Acting CHAIR. Pursuant to serial rapist who was finally caught by the safety and security of the United clause 6 of rule XVIII, further pro- police in 2012. He could have been States. ceedings on the amendment offered by stopped nearly a decade earlier if only I will say, though, Mr. Chairman, I the gentleman from North Carolina his first victim’s rape kit had been did work as a legal aid attorney, a will be postponed. tested, but that kit wasn’t, and, in- legal aid volunteer many years ago The Clerk will read. stead, he was able to attack five more when I was a law student. We spent The Clerk read as follows: women over the next 8 years. countless hours trying to keep a roof Missed opportunities like this happen CONSTRUCTION over the head of tenants who were all across our country every day. The being kicked out of their home through For necessary expenses, to include the cost trauma inflicted on victims of rape can of equipment, furniture, and information no fault of their own because a land- technology requirements, related to con- be compounded when they know that lord wasn’t paying a mortgage. Now, struction or acquisition of buildings, facili- their assailants run free while critical you had people who were going home- ties and sites by purchase, or as otherwise evidence goes untested. less because they did nothing wrong authorized by law; conversion, modification Fortunately, efforts are underway to but couldn’t avail themselves of an at- and extension of Federally-owned buildings; reduce the backlog, and they are mak- torney. preliminary planning and design of projects; ing a difference. In Memphis, our back- To try to find, now, ways to gut that and operation and maintenance of secure log reached more than 12,000, but police funding when, with low interest rates— work environment facilities and secure net- have now opened 488 investigations and working capabilities; $57,982,000, to remain one of the key methods of funding for available until expended. issued 90 requests for indictment. Legal Services across this country is But testing rape kits cost money, DRUG ENFORCEMENT ADMINISTRATION from interest on lawyer’s trust ac- more than local law enforcement can counts. Because of low interest rates, SALARIES AND EXPENSES afford. I appreciate the chairman’s and that funding has been basically non- For necessary expenses of the Drug En- the ranking member’s commitment to existent. In Massachusetts, that went forcement Administration, including not to eliminating the backlog and the fund- exceed $70,000 to meet unforeseen emer- ing that the committee has provided in from about $34 million a year down to gencies of a confidential character pursuant $4 million a year. to section 530C of title 28, United States the bill, but we need more. We are gutting a very basic tenet of Code; and expenses for conducting drug edu- This amendment would increase by what this country is all about. We cation and training programs, including not quite 10 percent, an additional $4 spend so much time in these Chambers, travel and related expenses for participants million, and would take it from the

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.128 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3703 Drug Enforcement Administration, a $2 that perform these dastardly acts all Mr. TED LIEU of California. Mr. billion agency that receives a $40 mil- over our country. Chairman, I yield back the balance of lion increase in this bill. DEA would With that, I yield back the balance of my time. barely notice the difference. my time. Mr. CULBERSON. Mr. Chairman, I Moreover, DEA has been alarmingly Mr. CULBERSON. Mr. Chairman, I yield back the balance of my time. irresponsible with money Congress has yield back the balance of my time. The Acting CHAIR. The question is given it previously. An inspector gen- The Acting CHAIR. The question is on the amendment offered by the gen- eral report recently found that DEA on the amendment offered by the gen- tleman from California (Mr. TED LIEU). agents had ‘‘sex parties’’ with pros- tleman from Tennessee (Mr. COHEN). The amendment was agreed to. titutes funded by drug cartels in gov- The amendment was agreed to. AMENDMENT OFFERED BY MR. CASTRO OF TEXAS ernment-leased living quarters. And AMENDMENT OFFERED BY MR. TED LIEU OF Mr. CASTRO of Texas. Mr. Chairman, this followed an inspector general re- CALIFORNIA I have an amendment at the desk. port that found the DEA paid hundreds Mr. TED LIEU of California. Mr. The Acting CHAIR. The Clerk will re- of thousands of dollars for information Chairman, I have an amendment at the port the amendment. from Amtrak that they could have ob- desk. The Clerk read as follows: tained for free. The Acting CHAIR. The Clerk will re- Page 33, line 5, after the 1st dollar amount, I think the choice is clear: we should port the amendment. insert ‘‘(reduced by $10,000,000)’’. The Clerk read as follows: Page 49, line 6, after the dollar amount, in- stand with victims of sexual assault. sert ‘‘(increased by $10,000,000)’’. I urge my colleagues to pass this Page 33, line 5, after the first dollar amount, insert ‘‘(reduced by $9,000,000)’’. The Acting CHAIR. Pursuant to amendment. It is so important that House Resolution 287, the gentleman these kits are tested, that the assail- Page 38, line 9, after the dollar amount in- sert (‘‘increased by $4,000,000’’). from Texas and a Member opposed each ants are brought to justice, and that Page 38, line 24, after the dollar amount in- will control 5 minutes. additional women are not attacked by sert (‘‘increased by $4,000,000’’). The Chair recognizes the gentleman what are known to be serial rapists Page 47, line 8, after the dollar amount in- from Texas. who are out on the streets. sert (‘‘increased by $3,000,000’’). Mr. CASTRO of Texas. Mr. Chairman, I would like to say a thank you to The Acting CHAIR. Pursuant to first, I would like to thank the chair- my partner on this amendment, Rep- House Resolution 287, the gentleman man and the ranking member for their resentative CAROLYN MALONEY, who from California and a Member opposed hard work on this bill. has been a tireless advocate on this each will control 5 minutes. My amendment would add $10 million issue as well. The Chair recognizes the gentleman to the Community Trust Initiative ac- I reserve the balance of my time. from California. count for police body-worn cameras, Mr. CULBERSON. Mr. Chairman, I Mr. TED LIEU of California. Mr. and would take those $10 million from claim the time in opposition, although Chairman, this amendment takes $9 the DEA account for salaries and ex- I am not opposed to the gentleman’s million out of the DEA’s $2 billion sala- penses. amendment. ries and expense budget and redirects it Over the last several months, we The Acting CHAIR (Mr. WESTMORE- toward deficit reduction, as well as un- have seen more and more encounters LAND). Without objection, the gen- derfunded State and local programs to between members of our communities tleman from Texas is recognized for 5 help children who suffer through child and law enforcement that have been minutes. abuse, domestic abuse, and sexual as- too powerful to ignore. We have seen in There was no objection. sault. those recordings instances of police Mr. CULBERSON. Mr. Chairman, I This amendment has been scored by abuse. We have seen instances where believe the gentleman is exactly right. the CBO as reducing budget authority police were justified in the use of force. We, in the bill, have increased funding by $2 million and reducing outlays by We have even seen instances where po- to reduce the rape kit backlog. This is $6 million in fiscal year 2016. lice went above and beyond doing their a vitally important tool that local po- In the face of overwhelming support job. lice departments are using to get these for lessening restrictions on marijuana, Mr. Chairman, over the last two dec- people off the streets as quickly as pos- the DEA still spends over $18 million a ades or so, something changed—two sible. year on domestic marijuana eradi- things, in fact. I accept the gentleman’s amendment. cation programs. This simply takes First, we developed a technology so There is no punishment severe enough some of that money away because some that basically each of us who walks nor swift enough for these people. I States have legalized it, making some around with a cell phone camera is a think it is very, very important that of these eradication programs no social documentarian of the things we get these rape kits handled as longer necessary, and it redirects the going on around us. quickly as possible, so I urge Members money—$2 million to lowering the def- The second thing that changed is the to support the gentleman’s amend- icit, $3 million to the Victims of Child advent of social media, which allowed ment. Abuse Act, which supports justice and people not only to document their ex- Mr. FATTAH. Will the gentleman support for victims of child abuse, and periences, but also to widely distribute yield? $4 million to the Consolidated Youth what they have documented to this Mr. CULBERSON. I yield to the gen- Oriented program, which helps victims country and to the world. Because of tleman from Pennsylvania. and the services they need to pursue that, we have gotten a better indica- Mr. FATTAH. Mr. Chairman, we safe and healthy lives. tion of the interaction between law en- made some significant progress, but With that, I reserve the balance of forcement and members of our commu- more needs to be done. I want to thank my time. nity. the gentleman for his amendment. The Mr. CULBERSON. Mr. Chairman, I In this digital age, we have a respon- committee has made this a very high claim the time in opposition, although sibility to seek and to know the truth priority. I thank the chairman for his I am not opposed to the amendment. about those encounters. Local police leadership in this regard. We are all in The Acting CHAIR. Without objec- departments, many of them—in fact, 25 concurrence here. tion, the gentleman from Texas is rec- percent of the 17,000 police agencies in Mr. COHEN. Mr. Chairman, I just ognized for 5 minutes. this country—are already using body want to thank the chairman, particu- There was no objection. cameras. Many more in States all over larly, and the ranking member as well, Mr. CULBERSON. Mr. Chairman, I our Nation are seeking the funds to do for their help and their hard work on think the gentleman has a good amend- this. getting the moneys passed and for ment, and I would encourage Members The President of the United States helping on this amendment. to support it. asked for $50 million to allow local These rapists don’t know State lines, I yield to the gentleman from Penn- grants and moneys for local agencies to and they cross State lines, so it is most sylvania. afford these body cameras and for the appropriate that the Federal Govern- Mr. FATTAH. Mr. Chairman, I con- storage to make sure that they can ment help the locals in finding people cur. keep that evidence.

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.133 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3704 CONGRESSIONAL RECORD — HOUSE June 2, 2015 As you all know, this is a very expen- Congressmen SCHWEIKERT, JOHN LEWIS, side. It just takes away from the whole sive thing, and many departments have and DONALD NORCROSS. Congressman idea of equal justice under the law. struggled with the funds to afford these NORCROSS did a lot of work on this in I talked earlier about domestic vio- things. So in the budget that has been New Jersey. So thank you very much. lence. There are ladies—and sometimes proposed, the amount proposed is not I yield back the balance of my time. men—who need protective orders from $50 million, but $15 million. This $10 Mr. CULBERSON. Mr. Chairman, I abusive partners or seniors who have million would simply bring us back up yield back the balance of my time. been victimized by fraudulent lenders to half of what the President has re- The Acting CHAIR. The question is as well. Legal assistance is vital to en- quested at $25 million. on the amendment offered by the gen- suring that these parties are treated I will also add that this is very pop- tleman from Texas (Mr. CASTRO). fairly and are aware of their rights. ular among the American people: 86 The amendment was agreed to. That is why I am a champion of the percent of Americans—Republicans and AMENDMENT OFFERED BY MR. COHEN Legal Services Corporation, which Democrats, people of every race and Mr. COHEN. Mr. Chairman, I have an helps fund legal aid programs through- ethnicity, in every community across amendment at the desk. out the country. the country—support increased use of The Acting CHAIR. The Clerk will re- This bill, as I say, cuts $75 million, body cameras for officers. Even the as- port the amendment. which would make many people in the sociation of police chiefs in our coun- The Clerk read as follows: Nation not have representation and un- able to pursue justice. Nearly 50 per- try supports this also. Page 33, line 5, after the first dollar Mr. Chairman, I reserve the balance amount insert ‘‘(reduced by $12,000,000)’’. cent of all eligible potential clients are of my time. Page 72, line 7, after the first dollar turned away from legal services na- Mr. CULBERSON. Mr. Chairman, I amount insert ‘‘(increased by $10,000,000)’’. tionally, and it has hurt people all over claim the time in opposition, although The Acting CHAIR. Pursuant to this country. The attorneys do heroic work, and I am not opposed to it. House Resolution 287, the gentleman there are serious consequences for re- The Acting CHAIR. Without objec- from Tennessee and a Member opposed ducing the funding to these folks. Un- tion, the gentleman from Texas is rec- each will control 5 minutes. less we ensure legal assistance, we ef- ognized for 5 minutes. The Chair recognizes the gentleman fectively shut the courthouse doors to There was no objection. from Tennessee. many who won’t be able to protect Mr. CULBERSON. Mr. Chairman, I Mr. COHEN. Mr. Chairman, I yield their rights. would encourage Members to support myself such time as I may consume. it. The gentleman has a good amend- The decrease would come from the We just had an amendment on the DEA. Again, the DEA has had numer- ment. I think the Community Trust floor and the amendment took $25 mil- Initiative program that we have cre- ous, numerous problems with agents lion from Legal Services. I had several who have gone rogue and have done ated in the bill will rebuild that bond amendments to file, and they went of trust between police officers and things that you shouldn’t do anywhere, from $5 million for legal services up to least of all when you are a DEA agent their community by making sure that $35 million. So what I thought might these body cameras are available. My representing our country. The funding be the equitable thing to do would be, in the hands of Legal Services could good friend from Texas—Texas was the instead of going with the $35 million, change the lives of thousands of people first State in the Union to pass a State which would have just been half of the who need legal representation. law that says when, where, and how cut, take the $25 million that Mr. This amendment is $25 million less this data from the body cameras can be PITTENGER wanted to take away from than what I would have like to have used. State Senator Royce West from them, take it away from the amend- gotten with the $35 million amend- Dallas passed that legislation. I had a ment that would have been best, the ment, but I will take that. If we can chance to talk to him during the legis- $35 million increase, and go for a $10 get the 10, hopefully, Mr. PITTENGER lative session about a month and a half million increase, which would, in es- will be happy with the 25 cut from the ago, talk to him about this, and I said: sence, be Mr. PITTENGER’s amendment 35 that we should have gotten, in my If you will pass this law in Texas and against the amendment which would be opinion, on top to restore the 75 that other States will pass it, my good a best practices that I would have rec- we have lost. friend, Mr. FATTAH, and I, we made ommended increasing $35 million. Representatives QUIGLEY, CASTOR, sure that the language in our bill fol- b 1930 SCHRADER, and JOE KENNEDY have all lows State law. The State law in Geor- helped on this. gia, the State law in Pennsylvania, in This amendment would restore $10 Mr. Chairman, I yield such time as he Texas, et cetera, will decide when, million to the devastating cuts to may consume to the gentleman from where, and how this data can be Legal Services. Legal Services in 1995 Massachusetts (Mr. KENNEDY). accessed by attorneys, by victims, and was funded at $400 million. Just on in- Mr. KENNEDY. Mr. Chairman, once make sure it is not given to the media. flationary dollars, today, that $400 mil- again, I rise in support of the Legal State law will control that. It is a good lion would be $600 million; yet, in this Services Corporation. program and a good amendment, and I budget, Legal Services would be funded This is an organization that is the encourage Members to support it. at $300 million, half of what it would be major source of funding for legal aid I am happy to yield to my good based on 1995 figures adjusted for infla- offices all across this country. The friend from Philadelphia. tion. funding, as my colleague indicated, has Mr. FATTAH. Mr. Chairman, I thank We are proud of our legal system, and not kept pace with need, inflation, or the chairman and I thank the gen- we are known for it all around the reality. tleman from Texas for offering this globe, but it can be complex. With all The fact of the matter is, Mr. Chair- amendment. I also support it. We have of the problems we have with the legal man—and I have seen as a legal aid vol- already put some dollars available for language, let alone just languages that unteer in the courtrooms and then this purpose, but adding another addi- we have in this Nation, it is too dif- again as a prosecutor the impact of tional $10 million gets us closer to the ficult for people to represent them- adequate legal representation. I spent goal that we want to seek in this ef- selves in court. hours and hours, along with other vol- fort, so I thank the gentleman. There is a saying: ‘‘He who represents unteers, trying to ensure that citizens We have got a circumstance here himself as a lawyer has a fool for a cli- of this country who, through no fault where we are in total agreement and on ent.’’ People need professional legal aid of their own, are being victimized by one accord. to get through the maze of the justice large interests or by folks who did Mr. CASTRO of Texas. Mr. Chairman, system. If you are poor in this coun- know how to navigate the legal system I thank the chairman for his foresight try—and most people are—if you are could have adequate representation in and thank him for his work on this. I uneducated—and many are—and scared the courts. also want to thank a few folks: Con- when you go to court, you are not Mr. Chairman, inside these halls, we gressmen CLEAVER, CLAY; DANA ROHR- going to be able to successfully work debate with great vigor and great de- ABACHER, who was with me on this; against a private attorney on the other tail the nuances to every single piece

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.137 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3705 of legislation, yet spend far too little I do encourage my colleagues to oppose The Acting CHAIR. The question is time discussing the impact of how that the amendment. I will also point out on the amendment offered by the gen- is going to be enforced after it becomes that we have an initial $43 million in tleman from Tennessee (Mr. COHEN). law. That is what the Legal Services this bill for violence against women The question was taken; and the Act- Corporation does. programs, specifically for legal assist- ing Chair announced that the noes ap- The fact is, in many ways, another ance for domestic violence victims. peared to have it. source of funding for Legal Services is I do urge my colleagues to vote ‘‘no’’ Mr. COHEN. Mr. Chairman, I demand through the interest on lawyers’ trusts on this amendment in order to protect a recorded vote. accounts, IOLTA funding. With low in- the vital role that the DEA plays in The Acting CHAIR. Pursuant to terest rates over the course of past sev- the war on drugs. clause 6 of rule XVIII, further pro- eral years, that funding has been dev- I reserve the balance of my time. ceedings on the amendment offered by astated. Mr. COHEN. Mr. Chairman, let me be the gentleman from Tennessee will be In Massachusetts alone, that used to clear. This does not cut the DEA. It postponed. be about $34 million a year through a only reduces the amount of money it The Clerk will read. The Clerk read as follows: separate fund that has been reduced to was increased by in the budget, and it $4 million. The fact of the matter is, was increased by something like $40 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES Mr. Chairman, that Legal Services has million in a $2 billion budget. It would SALARIES AND EXPENSES already been decimated at a time when take $10 million, which would make a big difference to Legal Services. For necessary expenses of the Bureau of more and more people need to under- Alcohol, Tobacco, Firearms and Explosives, stand that they have access to a fair Once the Rohrabacher-Cohen-Farr amendment passes, they won’t be mess- for training of State and local law enforce- and just legal system. That is what ing with States that have legalized ment agencies with or without reimburse- this amendment seeks to do. ment, including training in connection with That is why I am proud to support it, medical marijuana, and it will give the the training and acquisition of canines for and I ask my colleagues to do the DEA a lot more time to do the right explosives and fire accelerants detection; same. things they need to do in northern and for provision of laboratory assistance to Mr. CULBERSON. Mr. Chairman, I Mexico and in other failed states; and State and local law enforcement agencies, with or without reimbursement, claim the time in opposition. as for the states that haven’t failed, stay out of them. $1,250,000,000, of which not to exceed $36,000 The Acting CHAIR. The gentleman shall be for official reception and representa- from Texas is recognized for 5 minutes. I yield back the balance of my time. Mr. CULBERSON. Mr. Chairman, I tion expenses, not to exceed $1,000,000 shall Mr. CULBERSON. Mr. Chairman, the yield to the gentleman from Philadel- be available for the payment of attorneys’ Drug Enforcement Agency does ex- fees as provided by section 924(d)(2) of title phia, Pennsylvania (Mr. FATTAH) for traordinarily important work in tar- 18, United States Code, and not to exceed any comments he may have. $20,000,000 shall remain available until ex- geting high-level drug trafficking orga- Mr. FATTAH. I thank the chairman. nizations—disrupting and dismantling pended: Provided, That none of the funds ap- Mr. Chairman, I don’t want anyone propriated herein shall be available to inves- them, attacking the economic basis of to be confused here. On the floor, the tigate or act upon applications for relief the drug trade, and contributing to chairman from the subcommittee and from Federal firearms disabilities under sec- counterterrorism activities that are from the full committee has said—and tion 925(c) of title 18, United States Code: tied to and financed by drugs. I have said it—that we realize that the Provided further, That such funds shall be available to investigate and act upon appli- We have seen the absolute anarchy in Legal Services Corporation and the northern Mexico. Mexico is a failed cations filed by corporations for relief from shortfall needs to be addressed. Federal firearms disabilities under section state. The northern part of the state is I believe, before we pass a final bill, a complete disaster. We have got utter 925(c) of title 18, United States Code: Pro- it will be addressed. There is no possi- vided further, That no funds made available lawlessness along the Texas border, the bility that I am going to support a bill by this or any other Act may be used to southwest border, so it is so important that has got $300 million funding for transfer the functions, missions, or activities that the DEA be given the resources Legal Services Corporation. of the Bureau of Alcohol, Tobacco, Firearms that they need to do their job. There is this notion of a $10 million and Explosives to other agencies or I understand the concern about the increase on top of a $25 million cut. I Departments. Legal Services Corporation. I will be don’t want these votes to be viewed as AMENDMENT OFFERED BY MR. GOSAR filing legislation to give attorneys a some kind of ceiling for Legal Services, Mr. GOSAR. Mr. Chairman, I have an dollar-for-dollar deduction in their and I think we ought to be careful here amendment at the desk. taxes for services that they donate to to make sure, as the House is working The Acting CHAIR. The Clerk will re- the poor. I think it is a far better way through this, that we understand that port the amendment. The Clerk read as follows: to get at the concern that we all have the amount that the bill is at now is Page 33, line 19, insert after the dollar that legal services be provided to the unacceptable. It has already been cut. poor by doing that through the Tax amount ‘‘(reduced by $5,000,000)’’. Taking that cut and adding $10 million Page 42, line 24, insert after the dollar Code rather than by appropriating our back to it is not a satisfactory re- amount ‘‘(increased by $5,000,000)’’. constituents’ hard-earned tax dollars. sponse, notwithstanding the intentions Page 46, line 7, insert after the dollar The DEA has a very, very important of our colleague here. amount ‘‘(increased by $5,000,000)’’. job to do. We want to address the bigger issue, The Acting CHAIR. Pursuant to As for the concerns that the gen- which is the full funding for Legal House Resolution 287, the gentleman tleman has raised and that I have Services. As we go forward in this ef- from Arizona and a Member opposed heard other people raise about some of fort, I want to make my intentions each will control 5 minutes. the activities of some senior level folks clear that I intend to fight to make The Chair recognizes the gentleman at the DEA, we have withheld money sure that we live up to our commit- from Arizona. from the Department of Justice in our ment and our responsibilities in terms Mr. GOSAR. Mr. Chairman, I rise bill specifically to encourage the new of fully funding Legal Services. today to stand with the veterans Attorney General to discipline those Mr. CULBERSON. I want to assure throughout the country by offering a high-level DEA officials who were in- my friend from Philadelphia, as we get simple amendment to bolster funds in volved in that embarrassing and dis- down further into conference, that we this act for Veterans Treatment graceful episode that we saw take place have got priorities in the bill that we Courts. in Colombia that the inspector general did not have enough money for, and we Veterans Treatment Courts promote uncovered. will work hard with you to try to find sobriety and recovery through coordi- That kind of behavior is not accept- resources, but let’s not take it from nated local partnerships among com- able, and they should all be fired, and the DEA. munity corrections agencies, drug we have encouraged the new Attorney I would urge Members to vote against treatment providers, the judiciary, and General to do so immediately. How- this amendment. other community support groups. Vet- ever, I think the taking of additional Mr. Chairman, I yield back the bal- erans Treatment Courts have been ex- money from the DEA is a bad idea, and ance of my time. tremely successful since they were first

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.140 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3706 CONGRESSIONAL RECORD — HOUSE June 2, 2015 created in 2008 by a Buffalo judge to Mr. GOSAR. Mr. Chairman, I rise There was no objection. combat the growing numbers of vet- today to offer another amendment to Mr. FATTAH. Mr. Chairman, I sup- erans appearing before the court that this bill, along with my colleague from port the effort here to increase funding were addicted to drugs and alcohol, as Arkansas (Mr. HILL), that seeks to bol- for a very important program that is well as suffering from mental illness. ster another important program. addressing a major problem in our Many of our Nation’s heroes return- First, I reiterate my thanks to the country. I divorce myself from the off- ing from combat are traumatized due committee for the long hours they set, not in terms of the actual offset, to the associated violence and pressure have dedicated to prioritizing limited but in any criticism of the ATF. I of war and often cope with such feel- resources in order to produce this bill, think that they have some very brave, ings with substance abuse. They need but I simply believe the House should courageous Americans who are trying focused treatment and a helping hand, not reward bad behavior for that type to make our country safer. I think in and these courts provide such an ave- that the ATF has shown recently. My lieu of the balancing act here, I support nue. amendment is simple, and it is nearly the amendment, and I agree with it. The alternative to Veterans Treat- identical to an amendment I offered Mr. CULBERSON. Will the gen- ment Courts is often jail time. I think last year, which was adopted by voice tleman yield? we can all agree that providing treat- vote. Mr. FATTAH. I yield to the gen- ment for our veterans through commu- The amendment shifts $5 million tleman from Texas. from the overreaching ATF bureau- nity partnerships at the local level is a Mr. CULBERSON. I thank the gen- crats to a worthy and effective pro- far better option than locking them up. tleman for yielding. gram known as the Harold Rogers Pre- My amendment pays for this modest If I could also point out, actually, the scription Drug Monitoring Program. increase for this critical initiative by ATF did the right thing here. I strenu- reducing funds for the salaries and ex- b 1945 ously disagreed with the ammo ban and penses for the overreaching Bureau of You ask why $5 million. Because that had a chance to meet with the head of Alcohol, Tobacco, Firearms, and Explo- amount would bring the Prescription the ATF, as I was the new chairman of sives by $5 million. I offered a very Drug Monitoring Program appropria- the CJS Subcommittee, and walked similar amendment last year, which tions back to the level originally ap- him through the problems he was going was adopted by voice vote. proved by the House last year. The gen- to face on this House floor with amend- The ATF’s salaries and expenses are tleman, Mr. ROGERS of Kentucky, is ments and problems with their budget slated to receive an increase of $49 mil- the chairman of the House Committee and their spending plan this year. lion from fiscal year 2015 enacted lev- on Appropriations, and he has been un- He is a patriot, former marine, and a els, which would bring the total appro- relenting on the issue of combating lifelong law enforcement officer. He priation level to $1.25 billion. My prescription drug abuse. understood they had kind of gone be- amendment redirects funds from bu- This problem is truly plaguing our yond the bounds of the statute, so he reaucrats in the mismanaged and over- streets, our youth, and our commu- agreed to drop the ban on .223 ammuni- zealous ATF to a worthy treatment nities. Prescription drug abuse is con- tion after I had a very good heart-to- program for our Nation’s veterans. tributing to addiction, health deterio- heart meeting with him, and so ATF I urge my colleagues on both sides of ration, and even untimely death for too did the right thing. I think we should the aisle to, once again, show their many across our country. Prescription encourage good behavior. support for the worthwhile program by drug abuse also fuels the demand for I want to recognize and I want to passing my commonsense amendment. other illicit drugs, such as cocaine, thank the new head of the ATF for I thank the chairman and the rank- methamphetamine, ecstasy, and her- doing the right thing and not going ing member for their leadership on this oin, along with human trafficking, after law-abiding Americans’ constitu- bill. gunrunning, and murder. Much of the tional right to possess and use per- Mr. Chairman, I yield back the bal- solicitation activity flows over our fectly lawful .223 ammunition and ance of my time. southwestern border and into my home focus on enforcing the statute, which is Mr. CULBERSON. Mr. Chairman, I State of Arizona. designed to protect police officers from The primary purpose of the Prescrip- rise in opposition to the gentleman’s armor-piercing bullets that can be tion Drug Monitoring Program is to amendment, but I am not opposed to it. fired from pistols. enhance the capacity of regulatory and The Acting CHAIR. Without objec- ATF did the right thing here, but I law enforcement agencies to collect tion, the gentleman from Texas is rec- think the gentleman has a good amend- and analyze controlled substance pre- ognized for 5 minutes. ment. That money is going to a good scription data through a centralized There was no objection. cause. The Prescription Drug Moni- database administered by an author- Mr. CULBERSON. Mr. Chairman, the toring Program is a good one. I share ized State agency. States that have im- gentleman has a good amendment, and my colleague’s support for the amend- plemented the PDMP can collect and ment. I want to encourage Members to I encourage the House to support it. analyze this data much more effec- I yield back the balance of my time. vote for it, but I want to be sure the tively than States in which collection The Acting CHAIR. The question is RECORD reflects that the ATF did the of this data requires manual review of on the amendment offered by the gen- right thing in dropping the ammo ban, pharmacy files. tleman from Arizona (Mr. GOSAR). It is this body’s duty, through the an- and I don’t expect we are going to see The amendment was agreed to. nual appropriations process, to evalu- another attempt by the ATF to at- AMENDMENT OFFERED BY MR. GOSAR ate which programs are worthwhile and tempt to ban .223 ammunition because Mr. GOSAR. Mr. Chairman, I have an which ones are not. The Prescription the new chairman of the CJS Sub- amendment at the desk. Drug Monitoring Program has shown committee will be on them imme- The Acting CHAIR. The Clerk will re- promising results, but we must not diately. port the amendment. give up. We must continue to think of Mr. FATTAH. We are in agreement The Clerk read as follows: our families, our friends, and our fu- again, maybe coming to it from dif- Page 33, line 19, after the dollar amount, ture generations. ferent angles, but the important thing insert ‘‘(decreased by $5,000,000)’’. I urge my colleagues to vote in favor is we are at a ‘‘yes’’ on this amend- Page 42, line 24, after the dollar amount, of this amendment. I thank Chairman ment. The way we all get to these insert ‘‘(increased by $5,000,000)’’. CULBERSON and Ranking Member points may be different. Page 46, line 9, after the dollar amount, in- FATTAH. I yield back the balance of my time. sert ‘‘(increased by $5,000,000)’’. I reserve the balance of my time. Mr. GOSAR. Mr. Chairman, I yield The Acting CHAIR. Pursuant to Mr. FATTAH. Mr. Chairman, I claim such time as he may consume to the House Resolution 287, the gentleman the time in opposition, but I am not gentleman from Arkansas (Mr. HILL), from Arizona and a Member opposed opposed to the amendment. my friend. each will control 5 minutes. The Acting CHAIR. Without objec- Mr. HILL. Mr. Chairman, I want to The Chair recognizes the gentleman tion, the gentleman from Pennsylvania thank my colleague from Arizona for from Arizona. is recognized for 5 minutes. yielding me time to speak on this very

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.144 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3707 important amendment. I want to thank when purchased from the private sec- How could we forget the Fast and Fu- him for his leadership. tor. In fact, the inspector general found rious gun trafficking scheme that was Prescription drug abuse has become NOAA survey operations cost 42 per- allowed to go so far offtrack that 2,000 an epidemic in my home State of Ar- cent more than the private sector, guns were allowed to flow to Mexican kansas and throughout our country. I which was then confirmed by a second drug trafficking groups? Worst of all, a am so grateful for people like Chief NOAA-commissioned study. Federal law enforcement officer was Kirk Lane of Benton, Arkansas, who Rather than accept these cost sav- killed with a gun from that operation. leads on this issue throughout my dis- ings and productivity improvement re- There was Operation Fearless, where trict. quirements, NOAA has continually ac- an undercover operation in Milwaukee, Tonight I speak from the well of our quired new planes, new aerial sensors, Wisconsin, went horribly wrong. Con- beloved House first as a dad, and a Con- and new ships. This is not only poor victed felons were given access to gressman second. I have had personal stewardship of taxpayer money and in- weapons, the fake storefront was bur- experiences with the tragic loss of life efficient use of resources, but results in glarized, and $39,000 in merchandise that come as a result of prescription the government duplicating and di- was lost. The ATF even used someone drug abuse, and many times our chil- rectly competing with private enter- with developmental disabilities in the dren and our loved ones are the ones prise. There are numerous companies, operation and ultimately arrested him who are so closely affected and im- including small businesses, ready and for his involvement. pacted. able to perform these services for From Wichita, Kansas, to Portland, My daughter is 18 years old, and she NOAA at a reduced cost and increased Oregon, to Atlanta, Georgia, the sto- already knows four people in her age quality. ries of botched operations and inappro- group who have lost their lives due to I have visited one such private sector priate action just goes on and on. the influence of prescription drugs and mapping firm in my district and heard Then there was the ATF’s recent at- the related impacts. That is tragic. firsthand about how government agen- tempt to reclassify common M855 am- I am proud that Arkansas recently cies are engaged in this behavior, munition as armor piercing, despite its passed legislation that gives law en- which hinders private economic growth exemption from this classification forcement investigators access to our and job creation. since 1986 for sporting purposes. State’s Prescription Drug Monitoring My question for the gentleman from Thankfully, this proposal was dropped Program. This law in my State will en- Texas is: Regarding the language I after pressure from Congress. hance investigative capabilities and quoted earlier, is it the intent of the Mr. Chairman, the people I represent will give law enforcement investigators committee to include contracting for in southwest Alabama are tired of a better ability to bring criminals to jus- such surveying and mapping services Federal Government that doesn’t live tice who are abusing prescription drug when there is a qualified, capable, and within its means. They want to see practices and trying to dump those cost-effective solution available in the their elected officials in Washington drugs back on the street. private sector? get serious about making cuts to the This is a serious problem that de- Mr. CULBERSON. I want to thank Federal bureaucracy. My constituents serves more of our attention, first at my colleague from Iowa for raising this also are tired of executive overreach our dinner tables, in our schools, and important point, and the committee and the Federal Government involving in our capitol buildings. I am so proud does expect NOAA to utilize the pri- itself in areas where it simply doesn’t to support Mr. GOSAR’s amendment vate sector for these services when belong. that cuts money from the overhead at they are available and cost effective I know that the committee and the ATF and will strengthen these pre- and practicable. I deeply appreciate my Chairman CULBERSON have made real scription drug monitoring activities. friend’s interest and look forward to efforts to rein in the ATF, and I appre- I thank the gentleman from Arizona. continuing to work with him on these ciate those efforts. I also understand Mr. GOSAR. I thank the gentleman issues to ensure they are taken care of that ATF is now under new leadership, from Arkansas for his kind words in as we move through the process. and I hope that the new leaders get se- support. Mr. BLUM. I thank my friend from rious about much-needed reforms. I yield back the balance of my time. Texas and appreciate his hard work on I am all for safety and responsible The Acting CHAIR. The question is this important legislation. gun ownership, and the ATF does have on the amendment offered by the gen- Mr. CULBERSON. I yield back the a role to play in that, but this amend- tleman from Arizona (Mr. GOSAR). balance of my time. ment would simply require ATF to re- The amendment was agreed to. AMENDMENT OFFERED BY MR. BYRNE turn to its core functions and respon- Mr. CULBERSON. Mr. Chairman, I Mr. BYRNE. I have an amendment at sibilities. It would cause ATF to look move to strike the last word and enter the desk. at itself in the mirror, find areas where into a colloquy. The Acting CHAIR. The Clerk will re- they can cut back, and refocus on their The Acting CHAIR. The gentleman port the amendment. true priorities. from Texas is recognized for 5 minutes. The Clerk read as follows: Ultimately, this amendment is about Mr. CULBERSON. Mr. Chairman, I Page 33, line 19, after the dollar amount, protecting our Second Amendment yield to the gentleman from Iowa (Mr. insert ‘‘(reduced by $250,000,000)’’. rights while also pushing for real re- BLUM). The Acting CHAIR. Pursuant to forms to Federal spending. I urge my Mr. BLUM. Mr. Chairman, as a small- House Resolution 287, the gentleman colleagues to support this amendment. business man and a supporter of the from Alabama and a Member opposed I reserve the balance of my time. private sector, I wish to commend the each will control 5 minutes. Mr. CULBERSON. Mr. Chairman, I committee for the inclusion of report The Chair recognizes the gentleman claim the time in opposition. language which states: ‘‘The com- from Alabama. The Acting CHAIR. The gentleman mittee encourages NOAA to purchase Mr. BYRNE. Mr. Chairman, my from Texas is recognized for 5 minutes. services from the private sector when straightforward amendment would cut Mr. CULBERSON. Mr. Chairman, I do such services are available, cost effec- the Bureau of Alcohol, Tobacco, Fire- understand the gentleman’s concern. tive, and practicable.’’ arms and Explosives, or ATF, by 20 per- My constituents and all of us were As my friend from Texas knows, cent. That would result in $250 million upset with the ATF’s attempt to ban NOAA operates a fleet of survey ships worth of savings. .223 ammunition, but they did the right for nautical charting as well as a fleet Let me make one thing clear. I know thing: they withdrew the ammo ban of survey aircraft for aerial photog- that the ATF has an important mission after I had a heart-to-heart with them. raphy and LIDAR for mapping. How- to play in keeping our Nation safe and By doing the right thing, I think we ever, the inspector general of the De- regulating everything from firearms to should reward good behavior. partment of Commerce has long rec- alcohol. That said, in the last few I am monitoring them very closely. ommended that the aircraft fleet be years, we have seen an outrageous We have spending plan language in our privatized, as aerial survey operations growth in operations and regulations bill that allows the subcommittee to are better, faster, and less expensive coming out of the ATF. have ongoing oversight over not only

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Reclaiming my Not everyone who petitions ATF will that they are now engaged in, and it time, I join my colleague in urging a have their rights restored. In fact, this would really devastate the agency. ‘‘no’’ vote on this amendment, and bill does not intend in any way, shape, will, again, work with my colleague in or form to allow a violent criminal to b 2000 making sure the ATF continues to pro- possess a firearm—only those non- There are a lot of dedicated law en- tect the Second Amendment rights of violent criminals that ATF deems are forcement officers in that agency that Americans. not a danger. Not everyone will have are doing their very best to fight gangs There is no greater power the Con- their rights restored, but Washington and violent criminals. gress has than the power of the purse. should not get in the way of Americans We have visited with the folks at I assure you as the new chairman that asking for a second chance. ATF. They are not concerned about I am monitoring very, very closely to For these reasons, I respectfully re- law-abiding citizens or a gun dealer make sure that ATF, FBI, and the De- quest support for this amendment, and who is following the law. They are fo- partment of Justice enforce the law I yield back the balance of my time. cused on the criminal element in the and preserve our Second Amendment The Acting CHAIR. The question is country. Rights. on the amendment offered by the gen- So I would encourage Members, and I Therefore, I urge Members to vote tleman from Colorado (Mr. BUCK). would be happy to work with you and ‘‘no’’, and I yield back the balance of The amendment was agreed to. share with you the ongoing oversight my time. The Acting CHAIR. The Clerk will work that I am doing. I encourage you The Acting CHAIR. The question is read. to visit with the new ATF Director. He on the amendment offered by the gen- The Clerk read as follows: is a very impressive man: a marine and tleman from Alabama (Mr. BYRNE). The amendment was rejected. FEDERAL PRISON SYSTEM a lifelong law enforcement officer who SALARIES AND EXPENSES did the right thing here. AMENDMENT OFFERED BY MR. BUCK Mr. BUCK. Mr. Chair, I have an (INCLUDING TRANSFER OF FUNDS) The agency is devoted to protecting For necessary expenses of the Federal Pris- Americans’ Second Amendment rights. amendment at the desk. The Acting CHAIR. The Clerk will re- on System for the administration, operation, As the new chairman, if I ever detect and maintenance of Federal penal and cor- any deviation from that, I assure you port the amendment. The Clerk read as follows: rectional institutions, and for the provision this son of the South is going to make of technical assistance and advice on correc- Page 33, line 25, strike ‘‘none of the’’ and tions related issues to foreign governments, sure our Second Amendment rights are insert ‘‘such’’. protected. $6,951,500,000: Provided, That the Attorney The Acting CHAIR. Pursuant to I would encourage Members to oppose General may transfer to the Department of House Resolution 287, the gentleman Health and Human Services such amounts as the amendment. I just don’t want to from Colorado and a Member opposed may be necessary for direct expenditures by see the ATF devastated. each will control 5 minutes. that Department for medical relief for in- I reserve the balance of my time. The Chair recognizes the gentleman mates of Federal penal and correctional in- Mr. BYRNE. I want to thank the gen- from Colorado. stitutions: Provided further, That the Direc- tleman from Texas for his superb work Mr. BUCK. Mr. Chair, I rise to strike tor of the Federal Prison System, where nec- essary, may enter into contracts with a fis- in this area. We are in great debt to language from this appropriations bill you for all that you have done. And I cal agent or fiscal intermediary claims proc- that denies hope, denies dignity, and essor to determine the amounts payable to am 100 percent confident you will con- denies Americans their Second Amend- tinue to do that. persons who, on behalf of the Federal Prison ment right to bear arms. System, furnish health services to individ- I don’t know the new leadership over When I was district attorney in uals committed to the custody of the Federal there. I pray that it is truly new lead- northern Colorado, a gentleman visited Prison System: Provided further, That not to ership. Because what has happened at my office. He told me a story that I exceed $5,400 shall be available for official re- ATF is simply not acceptable. And it is have heard from many, many others. ception and representation expenses: Pro- particularly not acceptable when it He told me that 40 years ago, when he vided further, That not to exceed $50,000,000 interferes with the Second Amendment shall remain available for necessary oper- was in college, he gave his landlord a ations until September 30, 2017: Provided fur- rights of the people of the United bad check. He pled guilty to a felony. States of America. ther, That, of the amounts provided for con- The past 40 years, he has been a tract confinement, not to exceed $20,000,000 So I thank the gentleman. I know model citizen. He finished college. He shall remain available until expended to that he will do everything he possibly work hard and raised a family. Now he make payments in advance for grants, con- can. I will take him up on his offer to wants to go hunting with his grand- tracts and reimbursable agreements, and meet the new leadership. child. He can’t because he is a con- other expenses: Provided further, That the Di- I yield back the balance of my time. victed felon. rector of the Federal Prison System may ac- Mr. CULBERSON. I urge Members to The law allows the Bureau of Alco- cept donated property and services relating oppose the amendment. hol, Tobacco, Firearms and Explosives to the operation of the prison card program Mr. FATTAH. Will the gentleman from a not-for-profit entity which has oper- to restore this man’s right to possess a ated such program in the past, notwith- yield? firearm. The burden is on the applicant standing the fact that such not-for-profit en- Mr. CULBERSON. I yield to the gen- to prove that he is not a danger. ATF tity furnishes services under contracts to the tleman from Pennsylvania. may investigate to make sure. This ap- Federal Prison System relating to the oper- Mr. FATTAH. I visited at the ATF propriations bill prohibits ATF from ation of pre-release services, halfway houses, headquarters. In looking at their work processing applications, from following or other custodial facilities. particularly focused on explosives—and the law established by Congress 30 BUILDINGS AND FACILITIES their new site in Alabama—looking at years ago. For planning, acquisition of sites and con- some of the work that they are doing America is a compassionate country. struction of new facilities; purchase and ac- around the country, it is so vitally im- We restore the right to vote in many quisition of facilities and remodeling, and portant that I think at this time in our States, and other rights. There is no equipping of such facilities for penal and cor- country’s history for us to retreat from good reason to prevent law-abiding rectional use, including all necessary ex- our commitment to this agency would penses incident thereto, by contract or force citizens from, at the very least, peti- account; and constructing, remodeling, and be a very unfortunate and unwise deci- tioning ATF to have their rights re- equipping necessary buildings and facilities sion. stored. at existing penal and correctional institu- So I would hope that the House would The change I am seeking is fair and tions, including all necessary expenses inci- vote in opposition to this amendment reasonable, and it is long overdue. Peo- dent thereto, by contract or force account,

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.149 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3709 $230,000,000, to remain available until ex- our current national dialogue: ensuring will help us bridge this gap. This law pended, of which $145,000,000 shall be avail- that police have adequate training to established a grant program called the able only for costs related to construction of identify persons with mental illness Justice and Mental Health Collabora- new facilities: Provided, That labor of United and to safely, when it is possible, re- tion Program which helps States and States prisoners may be used for work per- formed under this appropriation. solve encounters during a crisis. localities develop collaborative ap- Mr. Chair, indulge me for a moment proaches to dealing with the intersec- FEDERAL PRISON INDUSTRIES, INCORPORATED while I tell you a story about a 31-year- tion of criminal justice and mental The Federal Prison Industries, Incor- old man in my home district of Mil- health systems. porated, is hereby authorized to make such expenditures within the limits of funds and waukee, Wisconsin, who, unfortu- One of the authorized grant uses borrowing authority available, and in accord nately, is no longer with us today. His under the program is training to police with the law, and to make such contracts name was Dontre Hamilton. officers for exactly these purposes: to and commitments without regard to fiscal Dontre, like many people in this safely respond to crisis calls and limit year limitations as provided by section 9104 country, suffered from a mental illness. the chance of a tragic and often pre- of title 31, United States Code, as may be He was diagnosed with schizophrenia 1 ventable consequence. necessary in carrying out the program set year prior to the incident and had been I yield back the balance of my time. forth in the budget for the current fiscal off his medication due to an insurance Mr. CULBERSON. Mr. Chairman, I year for such corporation. issue. claim the time in opposition, but I am LIMITATION ON ADMINISTRATIVE EXPENSES, On April 30 of last year, Dontre was not opposed to the amendment. FEDERAL PRISON INDUSTRIES, INCORPORATED taking a nap on a public park bench The Acting CHAIR (Mr. WOODALL). Not to exceed $2,700,000 of the funds of the when employees of a nearby Starbucks Without objection, the gentleman from Federal Prison Industries, Incorporated, called the police. Two police officers Texas is recognized for 5 minutes. shall be available for its administrative ex- There was no objection. penses, and for services as authorized by sec- came and did a wellness check and left tion 3109 of title 5, United States Code, to be the scene, discerning that Mr. Ham- Mr. CULBERSON. The gentlewoman computed on an accrual basis to be deter- ilton was no threat to himself, nor to has a good amendment, and I want to mined in accordance with the corporation’s anyone in the park or the public. encourage Members to support it. current prescribed accounting system, and Soon thereafter, yet another call I yield back the balance of my time. such amounts shall be exclusive of deprecia- came from the Starbucks employee be- The Acting CHAIR. The question is tion, payment of claims, and expenditures cause this gentleman was sleeping on on the amendment offered by the gen- which such accounting system requires to be the public park bench. Another police tlewoman from Wisconsin (Ms. MOORE). capitalized or charged to cost of commod- The amendment was agreed to. ities acquired or produced, including selling officer, Officer Manney of the Mil- and shipping expenses, and expenses in con- waukee Police Department, arrived and b 2015 started to pat down Dontre. This pat- nection with acquisition, construction, oper- AMENDMENT OFFERED BY MR. CONNOLLY ation, maintenance, improvement, protec- down turned into a struggle, and Offi- Mr. CONNOLLY. Mr. Chairman, I tion, or disposition of facilities and other cer Manney pulled out his baton to property belonging to the corporation or in help him subdue Mr. Hamilton. have an amendment at the desk. which it has an interest. The struggle escalated, and Dontre The Acting CHAIR. The Clerk will re- port the amendment. AMENDMENT OFFERED BY MS. MOORE got control of the baton and swung it Ms. MOORE. Mr. Chair, I have an at Officer Manney. This caused Officer The Clerk read as follows: Page 34, line 19, after the dollar amount, amendment at the desk. Manney to draw his firearm and shoot insert ‘‘(reduced by $1,,000,000)’’. The Acting CHAIR. Is there objection 14 bullets into Dontre Hamilton. Page 42, line 24, after the dollar amount, to the gentlewoman offering the Officer Manney was terminated for insert ‘‘(increased by $1,000,000)’’. amendment at this point in the read- conducting a pat-down in contraven- Page 46, line 7, after the dollar amount, in- ing? tion of his training on dealing with sert ‘‘(increased by $1,000,000)’’. There was no objection. mentally ill individuals but faced no The Acting CHAIR. Pursuant to The Acting CHAIR. The Clerk will re- charges in the death of Dontre Ham- House Resolution 287, the gentleman port the amendment. ilton. from Virginia and a Member opposed The Clerk read as follows: Mr. Chair, perhaps this tragedy could each will control 5 minutes. Page 34, line 19, after the dollar amount, have been prevented. Too often, our The Chair recognizes the gentleman insert ‘‘(reduced by $2,000,000)’’. mental health infrastructure is woe- from Virginia. Page 42, line 24, after the dollar amount, fully inadequate for many Americans. Mr. CONNOLLY. Mr. Chairman, I insert ‘‘(increased by $2,000,000)’’. A lack of treatment can turn a treat- thank the distinguished chairman and Page 44, line 8, after the dollar amount, in- able mental illness into a severe debili- the distinguished ranking member and sert ‘‘(increased by $2,000,000)’’. tating condition. Many can’t hold a job their staffs for their cooperation on The Acting CHAIR. Pursuant to or pay rent. Many end up homeless on this amendment. House Resolution 287, the gentlewoman the streets. In fact, more than 124,000 of The amendment increases the fund- from Wisconsin and a Member opposed the 610,000 homeless people in the ing for Veterans Treatment Courts by each will control 5 minutes. United States suffer from a severe $1 million. I offered a similar amend- The Chair recognizes the gentle- mental illness. ment last year that the House also woman from Wisconsin. As a result of many failures in our adopted on a voice vote. Ms. MOORE. Mr. Chair, my amend- system, our Nation’s police officers With the additional funds provided ment transfers $2 million into the Men- have de facto become our country’s by this amendment, a total of $6 mil- tally Ill Offender Treatment and Crime first responders to crisis calls, includ- lion would be available for such courts, Reduction Act for the purpose of ex- ing those individuals experiencing which is still short of the $8 million panding and improving police training mental illness. Too often these calls, Congress has authorized under the bi- to safely and appropriately respond to many intended to be out of concern for partisan Mentally Ill Offender Treat- mentally ill individuals. the individual in crisis, become a trag- ment and Crime Reduction Act. Now, Mr. Chair, we have heard a lot ic fatality. Our Nation’s heroes are returning lately in the news about high profile As we know, mentally ill persons are home from more than a decade of war. police-involved shootings that have be- not generally dangerous, Mr. Chair. In Upon their return, they bear the visible come a major subject here around the fact, they are actually more likely to and invisible wounds of deployment. country and here in Congress. Not sur- become victims themselves than actual Substance abuse, post-traumatic stress prising to some of us, especially those perpetrators of violence. Many of these disorder, traumatic brain injury, and of us who hail from large urban cities, tragic encounters could be prevented if various mental health disorders can this is a widespread problem that has police officers are trained and follow lead our returning heroes down a dif- been around for a while. proper procedures. ficult and often lonely path during But today, I am offering this amend- The Mentally Ill Offender Treatment their transition to civilian life. ment to highlight one serious issue and Crime Reduction Act is an impor- Twenty percent of Iraq and Afghani- that I think should be a major part of tant Federal initiative and tool that stan war veterans suffer from post-

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.064 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3710 CONGRESSIONAL RECORD — HOUSE June 2, 2015 traumatic stress disorder or major de- There was no objection. The Acting CHAIR. The Clerk will pression. One in six battle with sub- Mr. CULBERSON. I think the gen- read. stance abuse. Left undiagnosed or un- tleman has a good amendment, and I The Clerk read as follows: treated, these illnesses can result in an would encourage the Members to sup- STATE AND LOCAL LAW ENFORCEMENT encounter with the justice system. port it. ACTIVITIES Worse yet, these illnesses can also lead I yield back the balance of my time. OFFICE ON VIOLENCE AGAINST WOMEN to suicide, which veterans commit at The Acting CHAIR. The question is VIOLENCE AGAINST WOMEN PREVENTION AND twice the rate of our civilian popu- on the amendment offered by the gen- PROSECUTION PROGRAMS lation. tleman from Virginia (Mr. CONNOLLY). For grants, contracts, cooperative agree- Fortunately, specialized Veterans The amendment was agreed to. ments, and other assistance for the preven- Treatment Courts are being developed Mr. CULBERSON. Mr. Chairman, I tion and prosecution of violence against across the country, including in my move to strike the last word and enter women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 home county of Fairfax in Virginia, to into a colloquy with my good friend, the gentleman from North Carolina U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Vio- help veterans who do find themselves lent Crime Control and Law Enforcement in the justice system and suffer from (Mr. PRICE). Act of 1994 (Public Law 103–322) (‘‘the 1994 substance addiction or mental health The Acting CHAIR. The gentleman Act’’); the Victims of Child Abuse Act of 1990 disorders so that they can alter their from Texas is recognized for 5 minutes. (Public Law 101–647) (‘‘the 1990 Act’’); the course and find the assistance they de- Mr. CULBERSON. Mr. Chairman, I Prosecutorial Remedies and Other Tools to serve, Mr. Chairman. yield to the gentleman from North end the Exploitation of Children Today Act Carolina (Mr. PRICE) for a colloquy. of 2003 (Public Law 108–21); the Juvenile Jus- The first such court was established tice and Delinquency Prevention Act of 1974 in Buffalo, New York, in 2008; and since Mr. PRICE of North Carolina. I thank the gentleman for yielding, Mr. (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the then, more than 200 have opened across Victims of Trafficking and Violence Protec- the Nation. Hundreds more are cur- Chairman. tion Act of 2000 (Public Law 106–386) (‘‘the rently going through the planning and During the full committee consider- 2000 Act’’); the Violence Against Women and training process. ation of this legislation, the chairman Department of Justice Reauthorization Act Today, there are more than 11,000 will recall that we discussed the ac- of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); vets enrolled in Veterans Treatment companying report language that, for and the Violence Against Women Reauthor- ization Act of 2013 (Public Law 113–4) (‘‘the Courts. Virginia is home to the sixth the first time, would allocate NSF re- search funding by directorate and, in 2013 Act’’); and for related victims services, largest veteran population in the coun- $479,000,000, to remain available until ex- try, with nearly 850,000 veterans, more particular, would disproportionately pended: Provided, That of the amount pro- than 10 percent of whom live in my dis- reduce funding for the Directorate for vided— trict, the 11th Congressional District of Social, Behavioral & Economic (1) $196,000,000 is for grants to combat vio- Virginia. Sciences and the Directorate for Geo- lence against women, as authorized by part The comprehensive treatment pro- sciences. This has raised critical ques- T of the 1968 Act; gram provides eligible veterans with an tions and concerns within the scientific (2) $28,000,000 is for transitional housing as- alternative to jail and incarceration. community. sistance grants for victims of domestic vio- lence, dating violence, stalking, or sexual as- Participating veterans must commit to As the legislative process goes for- ward, I ask for the chairman’s assur- sault as authorized by section 40299 of the an 18- to 24-month program, during 1994 Act; which they receive group counseling, a ance that we can work together to pre- (3) $8,000,000 is for the National Institute of dedicated veteran mentor, and enroll in serve the National Science Founda- Justice for research and evaluation of vio- vocational education and self-help pro- tion’s traditional discretion and flexi- lence against women and related issues ad- grams. bility in allocating basic research fund- dressed by grant programs of the Office on By bringing veteran service organiza- ing among the Foundation’s direc- Violence Against Women, which shall be tions, State veterans service depart- torates. transferred to and administered by the Office ments, and volunteer mentors into the Mr. CULBERSON. I look forward to of Justice Programs; courtrooms, Veterans Treatment working with you, Dr. PRICE, and other (4) $11,000,000 is for a grant program to pro- members of the subcommittee and the vide services to advocate for and respond to Courts can promote community col- youth victims of domestic violence, dating laboration and connect veterans with full committee, as well as the Science, violence, sexual assault, and stalking; assist- the programs and benefits they have Space, and Technology Committee, to ance to children and youth exposed to such earned and that they may need. ensure that we protect the independ- violence; programs to engage men and youth Having a veteran-only court docket ence of the National Science Founda- in preventing such violence; and assistance ensures that everyone, from the judge tion. to middle and high school students through to the volunteers, specializes in vet- It is vitally important that America education and other services related to such erans care, and the involvement of fel- preserves its leadership role in the violence: Provided, That unobligated bal- low veterans allows the defendant to world, and scientific research and NSF ances available for the programs authorized and NASA have been a vital part of by sections 41201, 41204, 41303 and 41305 of the experience a camaraderie to which he 1994 Act, prior to its amendment by the 2013 or she became accustomed in the mili- that. Act, shall be available for this program: Pro- tary. A strong supporter of our investment vided further, That 10 percent of the total We know this model works, and it is in the sciences, my favorite Founding amount available for this grant program our hope this amendment will provide Father, Thomas Jefferson, liked to say shall be available for grants under the pro- these courts with the resources they that liberty was the firstborn of gram authorized by section 2015 of the 1968 need to help our veterans who fall into science. Act: Provided further, That the definitions the justice system to get back on the It is vital that we work together, as and grant conditions in section 40002 of the right track and transition successfully I will with you, sir, as we move 1994 Act shall apply to this program; through conference, to continue to pre- (5) $51,000,000 is for grants to encourage ar- back into the society they swore to de- rest policies as authorized by part U of the fend. serve the flexibility and independence 1968 Act, of which $4,000,000 is for a homicide In closing, again, I want to thank the of the National Science Foundation. reduction initiative; distinguished chairman, the distin- We, in the committee report, are sim- (6) $35,000,000 is for sexual assault victims guished ranking member, and their re- ply working to make sure NSF assistance, as authorized by section 41601 of spective staffs for their cooperation in prioritizes their funding, but I will con- the 1994 Act; this matter. tinue to work with you throughout this (7) $33,000,000 is for rural domestic violence Mr. Chairman, I yield back the bal- process as we move forward. and child abuse enforcement assistance ance of my time. Mr. PRICE of North Carolina. I grants, including as authorized by section Mr. CULBERSON. Mr. Chairman, I thank the gentleman. This is critically 40295 of the 1994 Act; (8) $16,000,000 is for grants to reduce violent claim the time in opposition, although important. I appreciate the chance to crimes against women on campus, as author- I support the gentleman’s amendment. work on this, as the legislation moves ized by section 304 of the 2005 Act; The Acting CHAIR. Without objec- forward. (9) $42,500,000 is for legal assistance for vic- tion, the gentleman from Texas is rec- Mr. CULBERSON. I yield back the tims, as authorized by section 1201 of the 2000 ognized for 5 minutes. balance of my time. Act;

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.158 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3711 (10) $4,500,000 is for enhanced training and Violence Against Law Enforcement Officer (16) $2,400,000 for the operationalization, services to end violence against and abuse of Resilience and Survivability (VALOR), maintenance and expansion of the National women in later life, as authorized by section $4,000,000 is for use by the National Institute Missing and Unidentified Persons System: 40802 of the 1994 Act; of Justice for research targeted toward de- Provided, That, if a unit of local government (11) $16,000,000 is for grants to support fami- veloping a better understanding of the do- uses any of the funds made available under lies in the justice system, as authorized by mestic radicalization phenomenon, and ad- this heading to increase the number of law section 1301 of the 2000 Act: Provided, That vancing evidence-based strategies for effec- enforcement officers, the unit of local gov- unobligated balances available for the pro- tive intervention and prevention, $22,500,000 ernment will achieve a net gain in the num- grams authorized by section 1301 of the 2000 is for the matching grant program for law ber of law enforcement officers who perform Act and section 41002 of the 1994 Act, prior to enforcement armor vests, as authorized by non-administrative public sector safety serv- their amendment by the 2013 Act, shall be section 2501 of title I of the 1968 Act, and ice. $2,500,000 is for a program to improve juve- available for this program; JUVENILE JUSTICE PROGRAMS (12) $6,000,000 is for education and training nile indigent defense; For grants, contracts, cooperative agree- to end violence against and abuse of women (2) $220,000,000 for the State Criminal Alien ments, and other assistance, the following with disabilities, as authorized by section Assistance Program, as authorized by sec- amounts are made available until expended— 1402 of the 2000 Act; tion 241(i)(5) of the Immigration and Nation- (1) $95,000,000 for youth mentoring grants; (13) $500,000 is for the National Resource ality Act (8 U.S.C. 1231(i)(5)): Provided, That (2) $19,000,000 for programs authorized by Center on Workplace Responses to assist vic- no jurisdiction shall request compensation the Victims of Child Abuse Act of 1990; tims of domestic violence, as authorized by for any cost greater than the actual cost for (3) $68,000,000 for missing and exploited section 41501 of the 1994 Act; Federal immigration and other detainees children programs, including as authorized (14) $1,000,000 is for analysis and research housed in State and local detention facili- by sections 404(b) and 405(a) of the 1974 Act on violence against Indian women, including ties; (except that section 102(b)(4)(B) of the PRO- as authorized by section 904 of the 2005 Act: (3) $41,000,000 for Drug Courts, as author- TECT Our Children Act of 2008 (Public Law Provided, That such funds may be transferred ized by section 1001(a)(25)(A) of title I of the 110–401) shall not apply for purposes of this to and administered by the Office of Justice 1968 Act; Act); and Programs; (4) $7,000,000 for mental health courts and (4) $1,500,000 for child abuse training pro- (15) $500,000 is for a national clearinghouse adult and juvenile collaboration program grams for judicial personnel and practi- that provides training and technical assist- grants, as authorized by parts V and HH of tioners, as authorized by section 222 of the ance on issues relating to sexual assault of title I of the 1968 Act, and the Mentally Ill Victims of Child Abuse Act of 1990. American Indian and Alaska Native women; Offender Treatment and Crime Reduction (16) $25,000,000 for victim services programs Reauthorization and Improvement Act of PUBLIC SAFETY OFFICER BENEFITS 2008 (Public Law 110–416); for victims of trafficking, as authorized by (INCLUDING TRANSFER OF FUNDS) (5) $2,000,000 for the Capital Litigation Im- section 107(b)(2) of Public Law 106–386, for For payments and expenses authorized programs authorized under Public Law 109– provement Grant Program, as authorized by section 426 of Public Law 108–405, and for under section 1001(a)(4) of title I of the Omni- 164, or programs authorized under Public bus Crime Control and Safe Streets Act of Law 113–4; and grants for wrongful conviction review; (6) $5,000,000 for economic, high technology 1968, such sums as are necessary (including (17) $5,000,000 for the purposes authorized and Internet crime prevention grants, in- amounts for administrative costs), to remain under the Rape Survivor Child Custody Act. cluding as authorized by section 401 of Public available until expended; and $16,300,000 for OFFICE OF JUSTICE PROGRAMS Law 110–403; payments authorized by section 1201(b) of STATE AND LOCAL LAW ENFORCEMENT (7) $20,000,000 for sex offender management such Act and for educational assistance au- ASSISTANCE assistance, as authorized by the Adam Walsh thorized by section 1218 of such Act, to re- For grants, contracts, cooperative agree- Act, and related activities; main available until expended: Provided, ments, and other assistance authorized by (8) $1,000,000 for the National Sex Offender That notwithstanding section 205 of this Act, the Violent Crime Control and Law Enforce- Public Website; upon a determination by the Attorney Gen- ment Act of 1994 (Public Law 103–322) (‘‘the (9) $73,000,000 for grants to States to up- eral that emergent circumstances require 1994 Act’’); the Omnibus Crime Control and grade criminal and mental health records for additional funding for such disability and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the the National Instant Criminal Background education payments, the Attorney General Justice for All Act of 2004 (Public Law 108– Check System, including as authorized by may transfer such amounts to ‘‘Public Safe- 405); the Victims of Child Abuse Act of 1990 the NICS Improvement Amendments Act of ty Officer Benefits’’ from available appro- (Public Law 101–647) (‘‘the 1990 Act’’); the 2007 (Public Law 110–180); priations for the Department of Justice as Trafficking Victims Protection Reauthoriza- (10) $125,000,000 for DNA-related and foren- may be necessary to respond to such cir- tion Act of 2005 (Public Law 109–164); the Vio- sic programs and activities, of which— cumstances: Provided further, That any lence Against Women and Department of (A) $117,000,000 is for a DNA analysis and transfer pursuant to the preceding proviso Justice Reauthorization Act of 2005 (Public capacity enhancement program and for other shall be treated as a reprogramming under Law 109–162) (‘‘the 2005 Act’’); the Adam local, State, and Federal forensic activities, section 505 of this Act and shall not be avail- Walsh Child Protection and Safety Act of including the purposes authorized under sec- able for obligation or expenditure except in 2006 (Public Law 109–248) (‘‘the Adam Walsh tion 2 of the DNA Analysis Backlog Elimi- compliance with the procedures set forth in Act’’); the Victims of Trafficking and Vio- nation Act of 2000 (Public Law 106–546) (the that section. lence Protection Act of 2000 (Public Law 106– Debbie Smith DNA Backlog Grant Program): COMMUNITY ORIENTED POLICING SERVICES 386); the NICS Improvement Amendments Provided, That up to 4 percent of funds made COMMUNITY ORIENTED POLICING SERVICES Act of 2007 (Public Law 110–180); subtitle D of available under this paragraph may be used PROGRAMS title II of the Homeland Security Act of 2002 for the purposes described in the DNA Train- (Public Law 107–296) (‘‘the 2002 Act’’); the ing and Education for Law Enforcement, (INCLUDING TRANSFER OF FUNDS) Second Chance Act of 2007 (Public Law 110– Correctional Personnel, and Court Officers For grants, contracts, cooperative agree- 199); the Prioritizing Resources and Organi- program (Public Law 108–405, section 303); ments, and other assistance, the following zation for Intellectual Property Act of 2008 (B) $4,000,000 is for the purposes described amounts are made available until expended: (Public Law 110–403); the Victims of Crime in the Kirk Bloodsworth Post-Conviction Provided, That any balances made available Act of 1984 (Public Law 98–473); the Mentally DNA Testing Program (Public Law 108–405, through prior year deobligations shall only Ill Offender Treatment and Crime Reduction section 412); and be available in accordance with section 505 of Reauthorization and Improvement Act of (C) $4,000,000 is for Sexual Assault Forensic this Act— 2008 (Public Law 110–416); the Violence Exam Program grants, including as author- (1) $11,000,000 for anti-methamphetamine- Against Women Reauthorization Act of 2013 ized by section 304 of Public Law 108–405; related activities, which shall be transferred (Public Law 113–4) (‘‘the 2013 Act’’); and (11) $6,000,000 for the court-appointed spe- to the Drug Enforcement Administration other programs, $1,015,400,000, to remain cial advocate program, as authorized by sec- upon enactment of this Act; available until expended as follows— tion 217 of the 1990 Act; (2) $30,000,000 for assistance to Indian (1) $409,000,000 for the Edward Byrne Memo- (12) $5,000,000 for a veterans treatment tribes; rial Justice Assistance Grant program as au- courts program; (3) $52,500,000 for initiatives to improve po- thorized by subpart 1 of part E of title I of (13) $11,000,000 for a program to monitor lice–community relations, as described in the 1968 Act (except that section 1001(c), and prescription drugs and scheduled listed the report accompanying this Act; the special rules for Puerto Rico under sec- chemical products; (4) $41,000,000 for a grant program for com- tion 505(g) of title I of the 1968 Act shall not (14) $13,000,000 for prison rape prevention munity-based sexual assault response re- apply for purposes of this Act), of which, not- and prosecution grants to States and units of form; withstanding such subpart 1, $20,000,000 is for local government, and other programs, as (5) $68,000,000 for offender reentry programs grants for law enforcement activities associ- authorized by the Prison Rape Elimination and research, as authorized by the Second ated with the presidential nominating con- Act of 2003 (Public Law 108–79); Chance Act of 2007 (Public Law 110–199), ventions, $15,000,000 is for an Officer Robert (15) $75,000,000 is for the Comprehensive without regard to the time limitations speci- Wilson III memorial initiative on Preventing School Safety Initiative; and fied at section 6(1) of such Act; and

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.067 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3712 CONGRESSIONAL RECORD — HOUSE June 2, 2015 (6) $35,000,000 is for regional information investment review board certify to the Com- vidual is an agent of a drug cartel, unless sharing activities, as authorized by part M of mittees on Appropriations of the House of law enforcement personnel of the United title I of the Omnibus Crime Control and Representatives and the Senate that the in- States continuously monitor or control the Safe Streets Act of 1968. formation technology program has appro- firearm at all times. GENERAL PROVISIONS—DEPARTMENT OF priate program management controls and SEC. 216. (a) None of the income retained in JUSTICE contractor oversight mechanisms in place, the Department of Justice Working Capital and that the program is compatible with the Fund pursuant to title I of Public Law 102– (INCLUDING TRANSFER OF FUNDS) enterprise architecture of the Department of 140 (105 Stat. 784; 28 U.S.C. 527 note) shall be SEC. 201. In addition to amounts otherwise Justice. available for obligation during fiscal year made available in this title for official recep- SEC. 210. The notification thresholds and 2016, except up to $40,000,000 may be obli- tion and representation expenses, a total of procedures set forth in section 505 of this Act gated for implementation of a unified De- not to exceed $50,000 from funds appropriated shall apply to deviations from the amounts partment of Justice financial management to the Department of Justice in this title designated for specific activities in this Act system. shall be available to the Attorney General and in the report accompanying this Act, (b) Not to exceed $30,000,000 of the unobli- for official reception and representation ex- and to any use of deobligated balances of gated balances transferred to the capital ac- penses. funds provided under this title in previous count of the Department of Justice Working SEC. 202. None of the funds appropriated by years. Capital Fund pursuant to title I of Public this title shall be available to pay for an SEC. 211. None of the funds appropriated by Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) abortion, except where the life of the mother this Act may be used to plan for, begin, con- shall be available for obligation in fiscal would be endangered if the fetus were carried tinue, finish, process, or approve a public- year 2016, and any use, obligation, transfer or to term, or in the case of rape or incest: Pro- private competition under the Office of Man- allocation of such funds shall be treated as a vided, That should this prohibition be de- agement and Budget Circular A–76 or any reprogramming of funds under section 505 of clared unconstitutional by a court of com- successor administrative regulation, direc- this Act. petent jurisdiction, this section shall be null tive, or policy for work performed by em- (c) Any use, obligation, transfer or alloca- and void. ployees of Federal Prison Industries, Incor- tion of excess unobligated balances available SEC. 203. None of the funds appropriated porated. under section 524(c)(8)(E) of title 28, United under this title shall be used to require any SEC. 212. Notwithstanding any other provi- States Code, shall be treated as a reprogram- person to perform, or facilitate in any way sion of law, no funds shall be available for ming of funds under section 505 of this Act. the performance of, any abortion. the salary, benefits, or expenses of any (d) Of amounts available in the Assets For- SEC. 204. Nothing in the preceding section United States Attorney assigned dual or ad- feiture Fund in fiscal year 2016, $154,700,000 shall remove the obligation of the Director ditional responsibilities by the Attorney shall be for payments associated with joint of the Bureau of Prisons to provide escort General or his designee that exempt that law enforcement operations as authorized by services necessary for a female inmate to re- United States Attorney from the residency section 524(c)(1)(I) of title 28, United States ceive such service outside the Federal facil- requirements of section 545 of title 28, United Code, and $20,514,000 shall be for payments ity: Provided, That nothing in this section in States Code. associated with subparagraphs (B), (F), and any way diminishes the effect of section 203 SEC. 213. At the discretion of the Attorney (G) of section 524(c)(1) of title 28, United intended to address the philosophical beliefs General, and in addition to any amounts States Code. of individual employees of the Bureau of that otherwise may be available (or author- (e) The Attorney General shall submit a Prisons. ized to be made available) by law, with re- spending plan to the Committees on Appro- SEC. 205. Not to exceed 5 percent of any ap- spect to funds appropriated by this title priations of the House of Representatives propriation made available for the current under the headings ‘‘Violence Against and the Senate not later than 30 days after fiscal year for the Department of Justice in Women Prevention and Prosecution Pro- the date of enactment of this Act detailing this Act may be transferred between such ap- grams’’, ‘‘State and Local Law Enforcement the planned distribution of Assets Forfeiture propriations, but no such appropriation, ex- Assistance’’, ‘‘Juvenile Justice Programs’’, Fund joint law enforcement operations fund- cept as otherwise specifically provided, shall and ‘‘Community Oriented Policing Services ing during fiscal year 2016. be increased by more than 10 percent by any Programs’’— SEC. 217. (a) Of the funds appropriated by such transfers: Provided, That any transfer (1) up to 3 percent of funds made available this Act under each of the headings ‘‘General pursuant to this section shall be treated as a to the Office of Justice Programs for grant Administration—Salaries and Expenses’’, reprogramming of funds under section 505 of or reimbursement programs may be used by ‘‘United States Marshals Service—Salaries this Act and shall not be available for obliga- such Office to provide training and technical and Expenses’’, ‘‘Federal Bureau of Inves- tion except in compliance with the proce- assistance; and tigation—Salaries and Expenses’’, ‘‘Drug En- dures set forth in that section. (2) funds made available for grant or reim- forcement Administration—Salaries and Ex- SEC. 206. The Attorney General is author- bursement programs under such headings, penses’’, and ‘‘Bureau of Alcohol, Tobacco, ized to extend through September 30, 2016, except for amounts appropriated specifically Firearms and Explosives—Salaries and Ex- the Personnel Management Demonstration for research, evaluation, or statistical pro- penses’’, $20,000,000 shall not be available for Project transferred to the Attorney General grams administered by the National Insti- obligation until the Attorney General dem- pursuant to section 1115 of the Homeland Se- tute of Justice and the Bureau of Justice onstrates to the Committees on Appropria- curity Act of 2002 (Public Law 107–296; 28 Statistics, may be transferred to and merged tions of the House of Representatives and U.S.C. 599B) without limitation on the num- with funds provided to the National Institute the Senate that all recommendations in- ber of employees or the positions covered. of Justice and the Bureau of Justice Statis- cluded in the Office of Inspector General of SEC. 207. None of the funds made available tics, to be used by them for research, evalua- the Department of Justice, Evaluation and under this title may be used by the Federal tion, or statistical purposes, without regard Inspections Division Report 15-04 entitled Bureau of Prisons or the United States Mar- to the authorizations for such grant or reim- ‘‘The Handling of Sexual Harassment and shals Service for the purpose of transporting bursement programs: Provided, That the Misconduct Allegations by the Department’s an individual who is a prisoner pursuant to transfer authority in this paragraph is in ad- Law Enforcement Components’’, dated conviction for crime under State or Federal dition to any other transfer authority con- March, 2015, have been implemented or are in law and is classified as a maximum or high tained in this Act: Provided further, That any the process of being implemented. security prisoner, other than to a prison or transfer pursuant to this subsection shall be (b) The Inspector General of the Depart- other facility certified by the Federal Bu- subject to the notification procedures appli- ment of Justice shall report to the Commit- reau of Prisons as appropriately secure for cable to a reprogramming of funds under sec- tees on Appropriations of the House of Rep- housing such a prisoner. tion 505 of this Act. resentatives and the Senate not later than 90 SEC. 208. (a) None of the funds appropriated SEC. 214. Notwithstanding any other provi- days after the date of enactment of this Act by this Act may be used by Federal prisons sion of law, section 20109(a) of subtitle A of on the status of the Department’s implemen- to purchase cable television services, or to title II of the Violent Crime Control and Law tation of recommendations included in the rent or purchase audiovisual or electronic Enforcement Act of 1994 (42 U.S.C. 13709(a)) report specified in subsection (a). media or equipment used primarily for rec- shall not apply to amounts made available This title may be cited as the ‘‘Department reational purposes. by this or any other Act. of Justice Appropriations Act, 2016’’. SEC. 215. None of the funds made available (b) Subsection (a) does not preclude the TITLE III rental, maintenance, or purchase of audio- under this or any other Act, for fiscal year visual or electronic media or equipment for 2016 and each fiscal year thereafter, other SCIENCE inmate training, religious, or educational than for the national instant criminal back- OFFICE OF SCIENCE AND TECHNOLOGY POLICY programs. ground check system established under sec- For necessary expenses of the Office of SEC. 209. None of the funds made available tion 103 of the Brady Handgun Violence Pre- Science and Technology Policy, in carrying under this title shall be obligated or ex- vention Act (18 U.S.C. 922 note), may be used out the purposes of the National Science and pended for any new or enhanced information by a Federal law enforcement officer to fa- Technology Policy, Organization, and Prior- technology program having total estimated cilitate the transfer of an operable firearm ities Act of 1976 (42 U.S.C. 6601 et seq.), hire development costs in excess of $100,000,000, to an individual if the Federal law enforce- of passenger motor vehicles, and services as unless the Deputy Attorney General and the ment officer knows or suspects that the indi- authorized by section 3109 of title 5, United

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.067 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3713 States Code, not to exceed $2,250 for official aircraft, $625,000,000, to remain available ploration, space operations and education re- reception and representation expenses, and until September 30, 2017, of which $25,000,000 search and development activities, including rental of conference rooms in the District of shall be for icy satellites surface technology research, development, operations, support, Columbia, $5,555,000. and test beds. and services; maintenance and repair, facil- NATIONAL AERONAUTICS AND SPACE EXPLORATION ity planning and design; space flight, space- ADMINISTRATION For necessary expenses, not otherwise pro- craft control, and communications activi- ties; program management; personnel and re- SCIENCE vided for, in the conduct and support of ex- ploration research and development activi- lated costs, including uniforms or allowances For necessary expenses, not otherwise pro- therefor, as authorized by sections 5901 and vided for, in the conduct and support of ties, including research, development, oper- ations, support, and services; maintenance 5902 of title 5, United States Code; travel ex- science research and development activities, penses; purchase and hire of passenger motor including research, development, operations, and repair, facility planning and design; space flight, spacecraft control, and commu- vehicles; not to exceed $63,000 for official re- support, and services; maintenance and re- ception and representation expenses; and nications activities; program management; pair, facility planning and design; space purchase, lease, charter, maintenance, and personnel and related costs, including uni- flight, spacecraft control, and communica- operation of mission and administrative air- forms or allowances therefor, as authorized tions activities; program management; per- craft, $2,768,600,000, to remain available until by sections 5901 and 5902 of title 5, United sonnel and related costs, including uniforms September 30, 2017. or allowances therefor, as authorized by sec- States Code; travel expenses; purchase and CONSTRUCTION AND ENVIRONMENTAL tions 5901 and 5902 of title 5, United States hire of passenger motor vehicles; and pur- COMPLIANCE AND RESTORATION Code; travel expenses; purchase and hire of chase, lease, charter, maintenance, and oper- passenger motor vehicles; and purchase, ation of mission and administrative aircraft, For necessary expenses for construction of facilities including repair, rehabilitation, re- lease, charter, maintenance, and operation of $4,759,300,000, to remain available until Sep- vitalization, and modification of facilities, mission and administrative aircraft, tember 30, 2017: Provided, That not less than construction of new facilities and additions $5,237,500,000, to remain available until Sep- $1,096,300,000 shall be for the Orion Multi- to existing facilities, facility planning and tember 30, 2017: Provided,That the formula- Purpose Crew Vehicle: Provided further, That design, and restoration, and acquisition or tion and development costs (with develop- not less than $2,313,000,000 shall be for the condemnation of real property, as authorized ment cost as defined under section 30104 of Space Launch System, including no less than by law, and environmental compliance and title 51, United States Code) for the James $1,850,000,000 for launch vehicle development, restoration, $425,000,000, to remain available Webb Space Telescope shall not exceed which shall have a lift capability not less until September 30, 2021: Provided, That pro- $8,000,000,000: Provided further, That should than 130 metric tons and which shall have core elements and an enhanced upper stage ceeds from leases deposited into this account the individual identified under subsection shall be available for a period of 5 years to (c)(2)(E) of section 30104 of title 51, United developed simultaneously: Provided further, That of the amounts provided for launch ve- the extent and in amounts as provided in an- States Code, as responsible for the James nual appropriations Acts: Provided further, Webb Space Telescope determine that the de- hicle development, no less than $50,000,000 shall be for enhanced upper stage develop- That notwithstanding section 20145(b)(2)(A) velopment cost of the program is likely to of title 51, United States Code, such proceeds exceed that limitation, the individual shall ment: Provided further, That of the funds made available for the Space Launch Sys- referred to in the preceding proviso shall be immediately notify the Administrator and available for obligation for fiscal year 2016 in the increase shall be treated as if it meets tem, $410,000,000 shall be for exploration ground systems and $53,000,000 shall be for an amount not to exceed $9,470,300: Provided the 30 percent threshold described in sub- further, That each annual budget request program integration: Provided further, That section (f) of section 30104: Provided further, shall include an annual estimate of gross re- $1,000,000,000 shall be for commercial That, $140,000,000 shall be for a Jupiter Eu- ceipts and collections and proposed use of all spaceflight activities: Provided further, That ropa mission to assure progress on a mission funds collected pursuant to section 20145 of $350,000,000 shall be for exploration research which meets the Planetary Science decadal title 51, United States Code. objectives, consisting of an orbiter and stud- and development. OFFICE OF INSPECTOR GENERAL ies of both a surface element as well as sam- SPACE OPERATIONS For necessary expenses of the Office of In- ple analysis of plumes emanating from the For necessary expenses, not otherwise pro- spector General in carrying out the Inspec- surface: Provided further, That NASA shall vided for, in the conduct and support of tor General Act of 1978, $37,400,000, of which use the Space Launch System as the launch space operations research and development $500,000 shall remain available until Sep- vehicle for a Jupiter Europa mission, plan activities, including research, development, tember 30, 2017. for a launch no later than 2022, and include operations, support and services; space in the fiscal year 2017 budget the five year flight, spacecraft control and communica- ADMINISTRATIVE PROVISIONS funding profile necessary to achieve those tions activities, including operations, pro- (INCLUDING TRANSFERS OF FUNDS) goals. duction, and services; maintenance and re- Funds for any announced prize otherwise AERONAUTICS pair, facility planning and design; program authorized shall remain available, without For necessary expenses, not otherwise pro- management; personnel and related costs, in- fiscal year limitation, until the prize is vided for, in the conduct and support of aero- cluding uniforms or allowances therefor, as claimed or the offer is withdrawn. nautics research and development activities, authorized by sections 5901 and 5902 of title 5, Not to exceed 5 percent of any appropria- including research, development, operations, United States Code; travel expenses; pur- tion made available for the current fiscal support, and services; maintenance and re- chase and hire of passenger motor vehicles; year for the National Aeronautics and Space pair, facility planning and design; space and purchase, lease, charter, maintenance Administration in this Act may be trans- flight, spacecraft control, and communica- and operation of mission and administrative ferred between such appropriations, but no tions activities; program management; per- aircraft, $3,957,300,000, to remain available such appropriation, except as otherwise spe- sonnel and related costs, including uniforms until September 30, 2017. cifically provided, shall be increased by more or allowances therefor, as authorized by sec- EDUCATION than 10 percent by any such transfers. Bal- ances so transferred shall be merged with tions 5901 and 5902 of title 5, United States For necessary expenses, not otherwise pro- and available for the same purposes and the Code; travel expenses; purchase and hire of vided for, in the conduct and support of aero- same time period as the appropriations to passenger motor vehicles; and purchase, space and aeronautical education research which transferred. Any transfer pursuant to lease, charter, maintenance, and operation of and development activities, including re- this provision shall be treated as a re- mission and administrative aircraft, search, development, operations, support, programming of funds under section 505 of $600,000,000, to remain available until Sep- and services; program management; per- this Act and shall not be available for obliga- tember 30, 2017. sonnel and related costs, including uniforms tion except in compliance with the proce- or allowances therefor, as authorized by sec- SPACE TECHNOLOGY dures set forth in that section. For necessary expenses, not otherwise pro- tions 5901 and 5902 of title 5, United States The spending plan required by this Act vided for, in the conduct and support of Code; travel expenses; purchase and hire of shall be provided by NASA at the theme, space technology research and development passenger motor vehicles; and purchase, program, project and activity level. The activities, including research, development, lease, charter, maintenance, and operation of spending plan, as well as any subsequent operations, support, and services; mainte- mission and administrative aircraft, change of an amount established in that nance and repair, facility planning and de- $119,000,000, to remain available until Sep- spending plan that meets the notification re- sign; space flight, spacecraft control, and tember 30, 2017, of which $18,000,000 shall be quirements of section 505 of this Act, shall be communications activities; program man- for the Experimental Program to Stimulate treated as a reprogramming under section agement; personnel and related costs, includ- Competitive Research and $40,000,000 shall be 505 of this Act and shall not be available for ing uniforms or allowances therefor, as au- for the National Space Grant College pro- obligation or expenditure except in compli- thorized by sections 5901 and 5902 of title 5, gram. ance with the procedures set forth in that United States Code; travel expenses; pur- SAFETY, SECURITY AND MISSION SERVICES section. chase and hire of passenger motor vehicles; For necessary expenses, not otherwise pro- The unexpired balances of a previous ac- and purchase, lease, charter, maintenance, vided for, in the conduct and support of count, for activities for which funds are pro- and operation of mission and administrative science, aeronautics, space technology, ex- vided in this Act, may be transferred to the

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.067 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3714 CONGRESSIONAL RECORD — HOUSE June 2, 2015 new account established in this Act that pro- States Code) involved in carrying out section of passenger motor vehicles and services as vides for such activities. Balances so trans- 4 of the National Science Foundation Act of authorized by section 3109 of title 5, United ferred shall be merged with the funds in the 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 States Code, and not to exceed $2,250 for offi- newly established account, but shall be U.S.C. 1880 et seq.), $4,370,000: Provided, That cial reception and representation expenses, available under the same terms, conditions not to exceed $2,500 shall be available for of- $84,500,000, to remain available until ex- and period of time as previously appro- ficial reception and representation expenses. pended. priated. OFFICE OF INSPECTOR GENERAL LEGAL SERVICES CORPORATION NATIONAL SCIENCE FOUNDATION For necessary expenses of the Office of In- PAYMENT TO THE LEGAL SERVICES RESEARCH AND RELATED ACTIVITIES spector General as authorized by the Inspec- CORPORATION For necessary expenses in carrying out the tor General Act of 1978, $15,160,000, of which For payment to the Legal Services Cor- National Science Foundation Act of 1950 (42 $400,000 shall remain available until Sep- poration to carry out the purposes of the U.S.C. 1861 et seq.), and Public Law 86–209 (42 tember 30, 2017. Legal Services Corporation Act of 1974, U.S.C. 1880 et seq.); services as authorized by ADMINISTRATIVE PROVISION $300,000,000, of which $266,900,000 is for basic section 3109 of title 5, United States Code; Not to exceed 5 percent of any appropria- field programs and required independent au- maintenance and operation of aircraft and tion made available for the current fiscal dits; $5,100,000 is for the Office of Inspector purchase of flight services for research sup- year for the National Science Foundation in General, of which such amounts as may be port; acquisition of aircraft; and authorized this Act may be transferred between such ap- necessary may be used to conduct additional travel; $5,983,645,000, to remain available propriations, but no such appropriation shall audits of recipients; $19,000,000 is for manage- until September 30, 2017, of which not to ex- be increased by more than 10 percent by any ment and grants oversight; $4,000,000 is for ceed $520,000,000 shall remain available until such transfers. Any transfer pursuant to this client self-help and information technology; expended for polar research and operations section shall be treated as a reprogramming $4,000,000 is for a Pro Bono Innovation Fund; support, and for reimbursement to other of funds under section 505 of this Act and and $1,000,000 is for loan repayment assist- Federal agencies for operational and science shall not be available for obligation except ance: Provided, That the Legal Services Cor- support and logistical and other related ac- in compliance with the procedures set forth poration may continue to provide locality tivities for the United States Antarctic pro- in that section. pay to officers and employees at a rate no gram: Provided, That receipts for scientific This title may be cited as the ‘‘Science Ap- greater than that provided by the Federal support services and materials furnished by propriations Act, 2016’’. Government to Washington, DC-based em- the National Research Centers and other Na- TITLE IV ployees as authorized by section 5304 of title tional Science Foundation supported re- RELATED AGENCIES 5, United States Code, notwithstanding sec- tion 1005(d) of the Legal Services Corpora- search facilities may be credited to this ap- COMMISSION ON CIVIL RIGHTS propriation. tion Act (42 U.S.C. 2996(d)): Provided further, SALARIES AND EXPENSES MAJOR RESEARCH EQUIPMENT AND FACILITIES That the authorities provided in section 205 For necessary expenses of the Commission CONSTRUCTION of this Act shall be applicable to the Legal on Civil Rights, including hire of passenger Services Corporation: Provided further, That, For necessary expenses for the acquisition, motor vehicles, $9,200,000: Provided, That for the purposes of section 505 of this Act, construction, commissioning, and upgrading none of the funds appropriated in this para- the Legal Services Corporation shall be con- of major research equipment, facilities, and graph shall be used to employ in excess of sidered an agency of the United States Gov- other such capital assets pursuant to the Na- four full-time individuals under Schedule C ernment. tional Science Foundation Act of 1950 (42 of the Excepted Service exclusive of one spe- U.S.C. 1861 et seq.), including authorized ADMINISTRATIVE PROVISION—LEGAL SERVICES cial assistant for each Commissioner: Pro- CORPORATION travel, $200,030,000, to remain available until vided further, That none of the funds appro- None of the funds appropriated in this Act expended. priated in this paragraph shall be used to re- to the Legal Services Corporation shall be EDUCATION AND HUMAN RESOURCES imburse Commissioners for more than 75 expended for any purpose prohibited or lim- billable days, with the exception of the For necessary expenses in carrying out ited by, or contrary to any of the provisions chairperson, who is permitted 125 billable science, mathematics and engineering edu- of, sections 501, 502, 503, 504, 505, and 506 of days: Provided further, That none of the funds cation and human resources programs and Public Law 105–119, and all funds appro- appropriated in this paragraph shall be used activities pursuant to the National Science priated in this Act to the Legal Services Cor- for any activity or expense that is not ex- Foundation Act of 1950 (42 U.S.C. 1861 et poration shall be subject to the same terms plicitly authorized by section 3 of the Civil seq.), including services as authorized by sec- and conditions set forth in such sections, ex- Rights Commission Act of 1983 (42 U.S.C. tion 3109 of title 5, United States Code, au- cept that all references in sections 502 and 1975a). thorized travel, and rental of conference 503 to 1997 and 1998 shall be deemed to refer rooms in the District of Columbia, EQUAL EMPLOYMENT OPPORTUNITY instead to 2015 and 2016, respectively. $866,000,000, to remain available until Sep- COMMISSION MARINE MAMMAL COMMISSION tember 30, 2017. SALARIES AND EXPENSES SALARIES AND EXPENSES AGENCY OPERATIONS AND AWARD MANAGEMENT For necessary expenses of the Equal Em- For necessary expenses of the Marine For agency operations and award manage- ployment Opportunity Commission as au- Mammal Commission as authorized by title ment necessary in carrying out the National thorized by title VII of the Civil Rights Act II of the Marine Mammal Protection Act of Science Foundation Act of 1950 (42 U.S.C. of 1964, the Age Discrimination in Employ- 1972 (16 U.S.C. 1361 et seq.), $3,340,000. 1861 et seq.); services authorized by section ment Act of 1967, the Equal Pay Act of 1963, 3109 of title 5, United States Code; hire of the Americans with Disabilities Act of 1990, OFFICE OF THE UNITED STATES TRADE passenger motor vehicles; uniforms or allow- section 501 of the Rehabilitation Act of 1973, REPRESENTATIVE ances therefor, as authorized by sections 5901 the Civil Rights Act of 1991, the Genetic In- SALARIES AND EXPENSES and 5902 of title 5, United States Code; rental formation Non-Discrimination Act (GINA) of For necessary expenses of the Office of the of conference rooms in the District of Co- 2008 (Public Law 110–233), the ADA Amend- United States Trade Representative, includ- lumbia; and reimbursement of the Depart- ments Act of 2008 (Public Law 110–325), and ing the hire of passenger motor vehicles and ment of Homeland Security for security the Lilly Ledbetter Fair Pay Act of 2009 the employment of experts and consultants guard services; $325,000,000: Provided, That (Public Law 111–2), including services as au- as authorized by section 3109 of title 5, not to exceed $8,280 is for official reception thorized by section 3109 of title 5, United United States Code, $54,250,000, of which and representation expenses: Provided fur- States Code; hire of passenger motor vehi- $1,000,000 shall remain available until ex- ther, That contracts may be entered into cles as authorized by section 1343(b) of title pended: Provided, That not to exceed $124,000 under this heading in fiscal year 2016 for 31, United States Code; nonmonetary awards shall be available for official reception and maintenance and operation of facilities and to private citizens; and up to $29,500,000 for representation expenses. for other services to be provided during the payments to State and local enforcement STATE JUSTICE INSTITUTE next fiscal year: Provided further, That of the agencies for authorized services to the Com- SALARIES AND EXPENSES mission, $364,500,000: Provided, That the Com- amount provided for costs associated with For necessary expenses of the State Jus- mission is authorized to make available for the acquisition, occupancy, and related costs tice Institute, as authorized by the State official reception and representation ex- of new headquarters space, not more than Justice Institute Authorization Act of 1984 penses not to exceed $2,250 from available $27,370,000 shall remain available until ex- (42 U.S.C. 10701 et seq.) $5,121,000, of which funds: Provided further, That the Chair is au- pended. $500,000 shall remain available until Sep- thorized to accept and use any gift or dona- OFFICE OF THE NATIONAL SCIENCE BOARD tember 30, 2017: Provided, That not to exceed tion to carry out the work of the Commis- For necessary expenses (including payment $2,250 shall be available for official reception sion. of salaries, authorized travel, hire of pas- and representation expenses: Provided fur- senger motor vehicles, the rental of con- INTERNATIONAL TRADE COMMISSION ther, That, for the purposes of section 505 of ference rooms in the District of Columbia, SALARIES AND EXPENSES this Act, the State Justice Institute shall be and the employment of experts and consult- For necessary expenses of the Inter- considered an agency of the United States ants under section 3109 of title 5, United national Trade Commission, including hire Government.

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TITLE V SEC. 507. (a) The Departments of Commerce Space Administration, the National Science GENERAL PROVISIONS and Justice, the National Science Founda- Foundation, and the Legal Services Corpora- (INCLUDING RESCISSIONS) tion, and the National Aeronautics and tion shall conduct audits, pursuant to the In- Space Administration shall provide to the spector General Act (5 U.S.C. App.), of grants (INCLUDING TRANSFER OF FUNDS) Committees on Appropriations of the House or contracts for which funds are appro- SEC. 501. No part of any appropriation con- of Representatives and the Senate a quar- priated by this Act, and shall submit reports tained in this Act shall be used for publicity terly report on the status of balances of ap- to Congress on the progress of such audits, or propaganda purposes not authorized by propriations at the account level. For unob- which may include preliminary findings and the Congress. ligated, uncommitted balances and unobli- a description of areas of particular interest, SEC. 502. No part of any appropriation con- gated, committed balances the quarterly re- within 180 days after initiating such an audit tained in this Act shall remain available for and every 180 days thereafter until any such obligation beyond the current fiscal year un- ports shall separately identify the amounts attributable to each source year of appro- audit is completed. less expressly so provided herein. (b) Within 60 days after the date on which SEC. 503. The expenditure of any appropria- priation from which the balances were de- rived. For balances that are obligated, but an audit described in subsection (a) by an In- tion under this Act for any consulting serv- spector General is completed, the Secretary, ice through procurement contract, pursuant unexpended, the quarterly reports shall sepa- rately identify amounts by the year of obli- Attorney General, Administrator, Director, to section 3109 of title 5, United States Code, or President, as appropriate, shall make the shall be limited to those contracts where gation. (b) The report described in subsection (a) results of the audit available to the public on such expenditures are a matter of public the Internet website maintained by the De- record and available for public inspection, shall be submitted within 30 days of the end of each quarter. partment, Administration, Foundation, or except where otherwise provided under exist- Corporation, respectively. The results shall ing law, or under existing Executive order (c) If a department or agency is unable to fulfill any aspect of a reporting requirement be made available in redacted form to ex- issued pursuant to existing law. clude— SEC. 504. If any provision of this Act or the described in subsection (a) due to a limita- (1) any matter described in section 552(b) of application of such provision to any person tion of a current accounting system, the de- title 5, United States Code; and or circumstances shall be held invalid, the partment or agency shall fulfill such aspect remainder of the Act and the application of to the maximum extent practicable under (2) sensitive personal information for any each provision to persons or circumstances such accounting system and shall identify individual, the public access to which could other than those as to which it is held in- and describe in each quarterly report the ex- be used to commit identity theft or for other valid shall not be affected thereby. tent to which such aspect is not fulfilled. inappropriate or unlawful purposes. (c) Any person awarded a grant or contract SEC. 505. None of the funds provided under SEC. 508. Any costs incurred by a depart- this Act, or provided under previous appro- ment or agency funded under this Act result- funded by amounts appropriated by this Act priations Acts to the agencies funded by this ing from, or to prevent, personnel actions shall submit a statement to the Secretary of Act that remain available for obligation or taken in response to funding reductions in- Commerce, the Attorney General, the Ad- expenditure in fiscal year 2016, or provided cluded in this Act shall be absorbed within ministrator, Director, or President, as appro- from any accounts in the Treasury of the the total budgetary resources available to priate, certifying that no funds derived from United States derived by the collection of such department or agency: Provided, That the grant or contract will be made available fees available to the agencies funded by this the authority to transfer funds between ap- through a subcontract or in any other man- Act, shall be available for obligation or ex- propriations accounts as may be necessary ner to another person who has a financial in- penditure through a reprogramming of funds to carry out this section is provided in addi- terest in the person awarded the grant or that: (1) creates or initiates a new program, tion to authorities included elsewhere in this contract. (d) The provisions of the preceding sub- project or activity; (2) eliminates a program, Act: Provided further, That use of funds to project or activity; (3) increases funds or per- carry out this section shall be treated as a sections of this section shall take effect 30 sonnel by any means for any project or ac- reprogramming of funds under section 505 of days after the date on which the Director of tivity for which funds have been denied or this Act and shall not be available for obliga- the Office of Management and Budget, in restricted; (4) relocates an office or employ- tion or expenditure except in compliance consultation with the Director of the Office ees; (5) reorganizes or renames offices, pro- with the procedures set forth in that section: of Government Ethics, determines that a grams or activities; (6) contracts out or Provided further, That for the Department of uniform set of rules and requirements, sub- privatizes any functions or activities pres- Commerce, this section shall also apply to stantially similar to the requirements in ently performed by Federal employees; (7) actions taken for the care and protection of such subsections, consistently apply under augments existing programs, projects or ac- loan collateral or grant property. the executive branch ethics program to all tivities in excess of $500,000 or 10 percent, SEC. 509. None of the funds provided by this Federal departments, agencies, and entities. whichever is less, or reduces by 10 percent Act shall be available to promote the sale or SEC. 515. (a) None of the funds appropriated funding for any program, project or activity, export of tobacco or tobacco products, or to or otherwise made available under this Act or numbers of personnel by 10 percent; or (8) seek the reduction or removal by any foreign may be used by the Departments of Com- results from any general savings, including country of restrictions on the marketing of merce and Justice, the National Aeronautics savings from a reduction in personnel, which tobacco or tobacco products, except for re- and Space Administration, or the National would result in a change in existing pro- strictions which are not applied equally to Science Foundation to acquire or renew a grams, projects or activities as approved by all tobacco or tobacco products of the same high-impact or moderate-impact information Congress; unless the House and Senate Com- type. system, as defined for security categoriza- mittees on Appropriations are notified 15 SEC. 510. None of the funds made available tion in the National Institute of Standards days in advance of such reprogramming of in this Act may be used to pay the salaries and Technology’s (NIST) Federal Informa- funds by agencies (excluding agencies of the and expenses of personnel of the Department tion Processing Standard Publication 199, Department of Justice) funded by this Act of Justice to obligate more than $2,705,164,000 ‘‘Standards for Security Categorization of and 45 days in advance of such reprogram- during fiscal year 2016 from the fund estab- Federal Information and Information Sys- ming of funds by agencies of the Department lished by section 1402 of Public Law 98–473 (42 tems’’ unless the agency has— of Justice funded by this Act. U.S.C. 10601). (1) reviewed the supply chain risk for the SEC. 506. (a) If it has been finally deter- SEC. 511. None of the funds made available information systems against criteria devel- mined by a court or Federal agency that any to the Department of Justice in this Act oped by NIST and the Federal Bureau of In- person intentionally affixed a label bearing a may be used to discriminate against or deni- vestigation (FBI) to inform acquisition deci- ‘‘Made in America’’ inscription, or any in- grate the religious or moral beliefs of stu- sions for high-impact and moderate-impact scription with the same meaning, to any dents who participate in programs for which information systems within the Federal Gov- product sold in or shipped to the United financial assistance is provided from those ernment; States that is not made in the United States, funds, or of the parents or legal guardians of (2) reviewed the supply chain risk from the the person shall be ineligible to receive any such students. presumptive awardee against available and contract or subcontract made with funds SEC. 512. None of the funds made available relevant threat information provided by the made available in this Act, pursuant to the in this Act may be transferred to any depart- FBI and other appropriate agencies; and debarment, suspension, and ineligibility pro- ment, agency, or instrumentality of the (3) in consultation with the FBI or other cedures described in sections 9.400 through United States Government, except pursuant appropriate Federal entity, conducted an as- 9.409 of title 48, Code of Federal Regulations. to a transfer made by, or transfer authority sessment of any risk of cyber-espionage or (b)(1) To the extent practicable, with re- provided in, this Act or any other appropria- sabotage associated with the acquisition of spect to authorized purchases of promotional tions Act. such system, including any risk associated items, funds made available by this Act shall SEC. 513. Any funds provided in this Act with such system being produced, manufac- be used to purchase items that are manufac- used to implement E-Government Initiatives tured, or assembled by one or more entities tured, produced, or assembled in the United shall be subject to the procedures set forth identified by the United States Government States, its territories or possessions. in section 505 of this Act. as posing a cyber threat, including but not (2) The term ‘‘promotional items’’ has the SEC. 514. (a) The Inspectors General of the limited to, those that may be owned, di- meaning given the term in OMB Circular A– Department of Commerce, the Department rected, or subsidized by the People’s Repub- 87, Attachment B, Item (1)(f)(3). of Justice, the National Aeronautics and lic of China.

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.067 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3716 CONGRESSIONAL RECORD — HOUSE June 2, 2015 (b) None of the funds appropriated or oth- lation of a conflict in another nation. The the Internal Revenue Code of 1986, and has erwise made available under this Act may be President shall terminate the requirements not, more than 90 days prior to certification, used to acquire a high-impact or moderate- of a license when reasons for the temporary been notified of any unpaid Federal tax as- impact information system reviewed and as- requirements have ceased. sessment for which the liability remains sessed under subsection (a) unless the head SEC. 518. Notwithstanding any other provi- unsatisfied, unless the assessment is the sub- of the assessing entity described in sub- sion of law, in fiscal year 2016 and each fiscal ject of an installment agreement or offer in section (a) has— year thereafter, no department, agency, or compromise that has been approved by the (1) developed, in consultation with NIST, instrumentality of the United States receiv- Internal Revenue Service and is not in de- the FBI and supply chain risk management ing appropriated funds under this Act or any fault, or the assessment is the subject of a experts, a mitigation strategy for any identi- other Act shall obligate or expend in any non-frivolous administrative or judicial pro- fied risks; way such funds to pay administrative ex- ceeding. penses or the compensation of any officer or (2) determined, in consultation with NIST (RESCISSIONS) and the FBI, that the acquisition of such sys- employee of the United States to deny any application submitted pursuant to 22 U.S.C. SEC. 524. (a) Of the unobligated balances tem is in the national interest of the United from prior year appropriations available to States; and 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import the Department of Commerce’s National (3) reported that determination to the Technical Information Service, $10,000,000 Committees on Appropriations of the House United States origin ‘‘curios or relics’’ fire- arms, parts, or ammunition. are rescinded. of Representatives and the Senate and the (b) Of the unobligated balances available agency Inspector General. SEC. 519. None of the funds made available in this Act may be used to include in any to the Department of Justice, the following SEC. 516. None of the funds made available funds are hereby rescinded, not later than in this Act shall be used in any way whatso- new bilateral or multilateral trade agree- September 30, 2016, from the following ac- ever to support or justify the use of torture ment the text of— counts in the specified amounts— by any official or contract employee of the (1) paragraph 2 of article 16.7 of the United (1) ‘‘Working Capital Fund’’, $100,000,000; United States Government. States-Singapore Free Trade Agreement; (2) ‘‘United States Marshals Service, Fed- SEC. 517. (a) Notwithstanding any other (2) paragraph 4 of article 17.9 of the United provision of law or treaty, in fiscal year 2016 States-Australia Free Trade Agreement; or eral Prisoner Detention’’, $69,500,000; and each fiscal year thereafter, none of the (3) paragraph 4 of article 15.9 of the United (3) ‘‘Federal Bureau of Investigation, Sala- funds appropriated or otherwise made avail- States-Morocco Free Trade Agreement. ries and Expenses’’, $120,000,000 from fines able under this Act or any other Act may be SEC. 520. None of the funds made available collected to defray expenses for the automa- expended or obligated by a department, in this Act may be used to authorize or issue tion of fingerprint identification and crimi- agency, or instrumentality of the United a national security letter in contravention of nal justice information services and associ- States to pay administrative expenses or to any of the following laws authorizing the ated costs; compensate an officer or employee of the Federal Bureau of Investigation to issue na- (4) ‘‘State and Local Law Enforcement Ac- United States in connection with requiring tional security letters: The Right to Finan- tivities, Office on Violence Against Women, an export license for the export to Canada of cial Privacy Act; The Electronic Commu- Violence Against Women Prevention and components, parts, accessories or attach- nications Privacy Act; The Fair Credit Re- Prosecution Programs’’, $15,000,000; ments for firearms listed in Category I, sec- porting Act; The National Security Act of (5) ‘‘State and Local Law Enforcement Ac- tion 121.1 of title 22, Code of Federal Regula- 1947; USA PATRIOT Act; and the laws tivities, Office of Justice Programs’’, tions (International Trafficking in Arms amended by these Acts. $40,000,000; and Regulations (ITAR), part 121, as it existed on SEC. 521. If at any time during any quarter, (6) ‘‘State and Local Law Enforcement Ac- April 1, 2005) with a total value not exceed- the program manager of a project within the tivities, Community Oriented Policing Serv- ing $500 wholesale in any transaction, pro- jurisdiction of the Departments of Com- ices’’, $20,000,000. vided that the conditions of subsection (b) of merce or Justice, the National Aeronautics (c) The Department of Justice shall submit this section are met by the exporting party and Space Administration, or the National to the Committees on Appropriations of the for such articles. Science Foundation totaling more than House of Representatives and the Senate a (b) The foregoing exemption from obtain- $75,000,000 has reasonable cause to believe report no later than September 1, 2016, speci- ing an export license— that the total program cost has increased by fying the amount of each rescission made (1) does not exempt an exporter from filing 10 percent or more, the program manager pursuant to subsection (b). any Shipper’s Export Declaration or notifi- shall immediately inform the respective Sec- SEC. 525. None of the funds made available cation letter required by law, or from being retary, Administrator, or Director. The Sec- in this Act may be used to purchase first otherwise eligible under the laws of the retary, Administrator, or Director shall no- class or premium airline travel in contraven- United States to possess, ship, transport, or tify the House and Senate Committees on tion of sections 301–10.122 through 301–10.124 export the articles enumerated in subsection Appropriations within 30 days in writing of of title 41 of the Code of Federal Regulations. (a); and such increase, and shall include in such no- SEC. 526. None of the funds made available (2) does not permit the export without a li- tice: the date on which such determination in this Act may be used to send or otherwise cense of— was made; a statement of the reasons for pay for the attendance of more than 50 em- (A) fully automatic firearms and compo- such increases; the action taken and pro- ployees from a Federal department or agen- nents and parts for such firearms, other than posed to be taken to control future cost cy at any single conference occurring outside for end use by the Federal Government, or a growth of the project; changes made in the the United States unless such conference is a Provincial or Municipal Government of Can- performance or schedule milestones and the law enforcement training or operational con- ada; degree to which such changes have contrib- ference for law enforcement personnel and (B) barrels, cylinders, receivers (frames) or uted to the increase in total program costs the majority of Federal employees in attend- complete breech mechanisms for any firearm or procurement costs; new estimates of the ance are law enforcement personnel sta- listed in Category I, other than for end use total project or procurement costs; and a tioned outside the United States. SEC. 527. None of the funds appropriated or by the Federal Government, or a Provincial statement validating that the project’s man- otherwise made available in this or any or Municipal Government of Canada; or agement structure is adequate to control other Act may be used to transfer, release, (C) articles for export from Canada to an- total project or procurement costs. or assist in the transfer or release to or with- other foreign destination. SEC. 522. Funds appropriated by this Act, (c) In accordance with this section, the or made available by the transfer of funds in in the United States, its territories, or pos- District Directors of Customs and post- this Act, for intelligence or intelligence re- sessions Khalid Sheikh Mohammed or any masters shall permit the permanent or tem- lated activities are deemed to be specifically other detainee who— porary export without a license of any un- authorized by the Congress for purposes of (1) is not a United States citizen or a mem- classified articles specified in subsection (a) section 504 of the National Security Act of ber of the Armed Forces of the United to Canada for end use in Canada or return to 1947 (50 U.S.C. 414) during fiscal year 2016 States; and the United States, or temporary import of until the enactment of the Intelligence Au- (2) is or was held on or after June 24, 2009, Canadian-origin items from Canada for end thorization Act for fiscal year 2016. at the United States Naval Station, Guanta- use in the United States or return to Canada SEC. 523. None of the funds appropriated or namo Bay, Cuba, by the Department of De- for a Canadian citizen. otherwise made available by this Act may be fense. (d) The President may require export li- used to enter into a contract in an amount AMENDMENT OFFERED BY MR. NADLER censes under this section on a temporary greater than $5,000,000 or to award a grant in Mr. NADLER. Mr. Chairman, I have basis if the President determines, upon pub- excess of such amount unless the prospective an amendment at the desk. lication first in the Federal Register, that contractor or grantee certifies in writing to The Acting CHAIR. The Clerk will re- the Government of Canada has implemented the agency awarding the contract or grant port the amendment. or maintained inadequate import controls that, to the best of its knowledge and belief, The Clerk read as follows: for the articles specified in subsection (a), the contractor or grantee has filed all Fed- such that a significant diversion of such arti- eral tax returns required during the three Strike section 527. cles has and continues to take place for use years preceding the certification, has not The Acting CHAIR. Pursuant to in international terrorism or in the esca- been convicted of a criminal offense under House Resolution 287, the gentleman

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.067 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3717 from New York and a Member opposed Even though we suspect that we are trial under the Code of Military Justice each will control 5 minutes. holding people who are terrorists, some and executed, as they should have The Chair recognizes the gentleman of whom probably are, in fact, terror- been, I think within about 60 days. from New York. ists, none of this has been proven in a This is not really an issue with the Mr. NADLER. Mr. Chairman, I have court of law. Without this amendment, American people, who I hope, Mr. two amendments. The first strikes sec- we will continue to hold them indefi- Chairman, are out watching tonight tion 527; the second strikes section 528. nitely without charge, contrary to because there could not be a more dra- I had to put them in as two separate every tradition this country stands for, matic contrast between the majority in amendments because only one amend- contrary to any notion of due process. the House that is representing the will ment pends at a time, but they are The founding principles of the United of the Nation in seeing that our laws really together. States, that no person may be deprived are enforced and the enemies of the Sections 527 and 528, which my of liberty without due process of law United States are hunted down wher- amendment would strike, restricts the and certainly may not be deprived of ever they may hide. President’s authority to move Guanta- liberty indefinitely without due proc- I had a constituent tell me Hamas namo Bay detainees to the United ess of law, demands that we close the stands for ‘‘hiding among mosques and States for trial. detention facility at Guantanamo. schools.’’ Wherever these people may Mr. Chairman, simply put, it is time We must close this facility, try these hide—they hide behind women and to punish Khalid Sheikh Mohammed, people, condemn the guilty, place them children. They will not face our sol- the mastermind of the 9/11 attacks. In in supermax facilities, release the in- diers on the battlefield. When we have GTMO, he has not been tried, con- nocent, if there are any; and restore met them on the battlefield, we have victed, or punished. Meanwhile, Fed- our national honor. I urge the support defeated them decisively. Where the men and women of the eral courts have tried, convicted, and of this amendment. United States military find these peo- punished more than 400 terrorists. I reserve the balance of my time. None of them have ever escaped from a Mr. CULBERSON. Mr. Chairman, I ple and hunt them down and kill them or capture them—if we have captured U.S. prison. No prison where they are claim the time in opposition to this them and they have information that located has ever been subjected to an amendment. could save American lives, we bring attack. The Acting CHAIR. The gentleman them to Guantanamo Bay, and we have The only thing my friends who are from Texas is recognized for 5 minutes. saved countless lives by holding them opposed to closing Guantanamo have Mr. CULBERSON. Mr. Chairman, I on their side is fear. Fear, Mr. Chair- there. want to make sure everyone in the We, in this appropriations bill, make man. As they argue against this House understands that what the gen- amendment, they will try to tell us clear that we will not give these kill- tleman from New York (Mr. NADLER) is ers, these cowards, these terrorists, that these men are dangerous and attempting to do is to give constitu- scary, that these men can harm us, these foreign fighters on foreign battle- tional rights to foreign nationals cap- that these men are the worst of the fields the precious rights reserved for tured on battlefields overseas who are worst—and some may be—but these the people of the United States by this being held in Guantanamo Bay. Never men are already in our custody. Constitution. And it is that simple. Like so many murderers and terror- before in American history have we If you want to give terrorists, foreign ists already in prison, they have no ever given foreign nationals—enemy fighters on foreign battlefields con- power over us. They have been shut off combatants captured overseas on a bat- stitutional rights, you should vote from the outside world for more than a tlefield—constitutional rights, the with the gentleman from New York decade. most precious rights we have, that (Mr. NADLER). If there are terrible people in Guan- were fought for, bled for, died for by Vote against Mr. NADLER’s amend- tanamo—and I am not denying that our forefathers on so many battlefields ment if you believe that the rights there are—then it is time for them to all over the world to preserve these guaranteed by this Constitution are re- face the consequences of their actions precious rights reserved for the people served for the people of the United in a U.S. court. And that is the rub. of the United States of America. Mr. States and that if you are an enemy The terrorists that have been pros- NADLER wants to extend the protec- combatant, a foreign national fighting ecuted and sentenced had their day in tions of this Constitution to the killers the United States, you are going to be court and were found guilty. and the psychopaths who have killed so dealt with severely and accorded the U.S. Federal courts have successfully many Americans overseas. Code of Military Justice, as it should tried and convicted criminals and ter- I could not disagree more strenu- be. ously. I know the House disagrees I reserve the balance of my time. rorists during times of war and peace Mr. NADLER. How much time do I for hundreds of years, all while respect- strenuously. We have voted on this re- peatedly. And the House and the Con- have remaining, Mr. Chairman? ing the rights of due process that our The Acting CHAIR. The gentleman Constitution demands. gress have repeatedly affirmed this language, which says very clearly, from New York has 90 seconds remain- This leads me to believe that some of ing. ‘‘none of the funds appropriated’’—this my colleagues do not believe in the Mr. NADLER. Mr. Chairman, I yield American system of justice. They do is the language Mr. NADLER seeks to myself such time as I may consume. not trust our American courts to do strike: First of all, almost everything the justice. I do not understand why. ‘‘None of the funds appropriated . . . gentleman just said is not apropos and Through the centuries, our legal sys- in this or any other Act may be used to is wrong. tem has kept America safe by putting transfer, release, or assist in the trans- The Supreme Court of the United away dangerous individuals while pro- fer or release to or within the United States has ruled that the people at tecting those who were innocent of the States . . . Khalid Sheikh Mohammed Guantanamo have exactly the same government’s charges against them. or any other detainee who is not a constitutional rights—no more and no That is the beauty of our system that United States citizen or a member of less—than they would have if brought has made it the envy of the world. the Armed Forces . . . and is or was to the United States. So it has nothing The principles underpinning the sys- held on or after June 24, 2009 . . . at to do with giving constitutional rights tem, the right to due process and to a Guantanamo Bay.’’ to foreign nationals. fair trial, are built into our Constitu- During World War II, a group of Nazi Second of all, some of these people tion and are part of our most basic val- saboteurs who landed on beaches in were, indeed, captured on foreign bat- ues. But in order for the system to Long Island and in Florida were cap- tlefields; some were not. work, you actually need to get your tured fairly rapidly by local police offi- Third of all, maybe they should be day in court. cers and local militia and were handed tried by military tribunals. But they Without our amendment, this bill over to the U.S. military. Franklin have been held for 11, 12, 14, 15 years. guarantees that we will continue hold- Roosevelt did the right thing, and they We can’t manage to try them by for- ing people indefinitely at Guantanamo immediately held these Nazis as mili- eign tribunals. Put them in a Federal Bay. tary detainees. They were accorded a court. Try them. Convict them.

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.161 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3718 CONGRESSIONAL RECORD — HOUSE June 2, 2015 b 2045 important than perhaps even that is, I I yield back the balance of my time. Put them in a Federal court, try am sure, gnaws at our ideals as Ameri- The Acting CHAIR. The question is them, and convict them. If you want to cans that you would take someone, on the amendment offered by the gen- put them in a military tribunal, you hold them, never try them, never tleman from New York (Mr. NADLER). can do that, fine. We haven’t managed produce any evidence in a tribunal of The question was taken; and the Act- to. But the fact is, by staying in Guan- any type, military or civilian, and say ing Chair announced that the noes ap- tanamo, they don’t have any less, that you are going to do it in per- peared to have it. fewer, or more constitutional rights petuity, that this is not the great Na- Mr. NADLER. Mr. Chairman, I de- than are here. Anyone within the juris- tion that our ideal speaks to. This is mand a recorded vote. diction of the United States, according the act of something less than what we The Acting CHAIR. Pursuant to to the Supreme Court, has constitu- should be doing as a great country. clause 6 of rule XVIII, further pro- tional rights. We must treat them with Mr. Chairman, I know that it is not ceedings on the amendment offered by due process. All this amendment says popular and Mr. NADLER’s amendment the gentleman from New York will be is treat them the way the Supreme is not going to probably enjoy majority postponed. Court has said we should: try them, support, but at the end of the day, we The Clerk will read. condemn them, or find them innocent, can’t just ask what is popular or what The Clerk read as follows: as the case may be. Some may be inno- is politic. At some point, we have to SEC. 528. (a) None of the funds appropriated cent. Many of them are not. Some may ask ourselves what is the right thing. or otherwise made available in this or any If we can complain about China holding other Act may be used to construct, acquire, be. We should follow our traditions. or modify any facility in the United States, Mr. Chairman, I urge the adoption of people without charge, with secret evi- dence and no trial and no access to its territories, or possessions to house any this amendment so that we can apply individual described in subsection (c) for the American concepts of justice as the Su- lawyers, then we have to think about purposes of detention or imprisonment in the preme Court has said we must. looking in the mirror and think about custody or under the effective control of the We can try them by military tribunal what we have allowed other people’s Department of Defense. in Guantanamo or in the United actions to turn our country into in this (b) The prohibition in subsection (a) shall States. We can try them in Federal circumstance. not apply to any modification of facilities at Court. Military tribunals haven’t So, Mr. Chairman, I rise in support of United States Naval Station, Guantanamo the Nadler amendment, and I yield Bay, Cuba. worked. We haven’t been able to make (c) An individual described in this sub- them work. Federal courts have back the balance of my time. Mr. CULBERSON. Mr. Chairman, I section is any individual who, as of June 24, worked. We should condemn the guilty 2009, is located at United States Naval Sta- and release the innocent, if there are yield myself such time as I may con- tion, Guantanamo Bay, Cuba, and who— any. sume. (1) is not a citizen of the United States or Mr. Chairman, I yield back the bal- Let me, if I could, Mr. Chairman, a member of the Armed Forces of the United ance of my time. point out that President Obama has al- States; and Mr. FATTAH. Mr. Chairman, I move ready said he wants to close Guanta- (2) is— to strike the last word. namo Bay and bring these people into (A) in the custody or under the effective The Acting CHAIR. The gentleman the United States. The 19th terrorist control of the Department of Defense; or from Pennsylvania is recognized for 5 was captured in the United States, and (B) otherwise under detention at United States Naval Station, Guantanamo Bay, minutes therefore he was entitled to constitu- Cuba. Mr. FATTAH. It was not long after 9/ tional protection because he was in the AMENDMENT OFFERED BY MR. NADLER 11 that we held a conversation here in United States. Washington, and the former Speaker But the only thing standing between Mr. NADLER. Mr. Chairman, I have was on a panel over in Rayburn, I Barack Obama giving these terrorists an amendment to strike section 528. think. We were discussing this, and he and killers constitutional rights is this The Acting CHAIR. The Clerk will re- said, well, this is the situation that we language in this appropriations bill port the amendment. find ourselves in after these attacks. which says none of the money in the The Clerk read as follows: And I asked Speaker Gingrich at the United States can be used to transfer Strike section 528. time, former Speaker, this notion of us these killers into the United States. As The Acting CHAIR. Pursuant to being a nation of laws, what did that soon as they touch our soil, they will House Resolution 287, the gentleman mean now. Because under former Presi- be given constitutional rights. And from New York and a Member opposed dent Bush, the original President Bush, that is exactly what Mr. NADLER wants each will control 5 minutes. he had complained about the Chinese to do with his amendment is give these The Chair recognizes the gentleman holding people without trial. We had precious constitutional rights to these from New York. issued a formal complaint that the Chi- killers and these cowards that have Mr. NADLER. Mr. Chairman, this is nese were holding people without trial, been captured on foreign battlefields, really a continuation of our colloquy using secret evidence and so forth and these foreign nationals who have never from the last amendment since they so on, and what did this mean now in been afforded the protection of the both seek to do the same thing. Let me the context of our own country’s con- United States Constitution, which is just say a couple of things. duct. Speaker Gingrich said that, well, reserved for the people of the United Again, the United States Supreme he wasn’t really sure because we are at States. Court has ruled that people in Guanta- a difficult moment. They deserve what they have got. namo Bay have the same constitu- So now we are here. We have had two They are lucky to be alive. They are tional rights as people in Florida, New Presidents who tried to close Guanta- lucky to be in Guantanamo Bay. And I York, or Washington, so I do not seek namo. President Bush who opened it, urge Members to vote against this to give people in Guantanamo Bay con- and his second administration wanted amendment to ensure that these people stitutional rights they do not already to end it, and then we had two Presi- are given what they deserve, and that have. They have the constitutional dential elections in which the country is, whether it be life in prison or what- rights. That was the Supreme Court de- voted for Barack Obama, who said he ever lies ahead of them, that they will cision, I think, in 2009 I think the deci- wanted to close this facility. We have a never again threaten the people of the sion was. They have the constitutional congressional majority that is not United States. rights. Anyone under the jurisdiction going to do it, that is going to put Mr. Chairman, I urge Members to and effective control of the United every impediment in the way of doing vote ‘‘no,’’ against Mr. NADLER’s States has the constitutional rights, so it. amendment, to ensure that constitu- that is not really in question. We have our national security enter- tional protections are only afforded to What is really in question is: Are we prise that says that this is used as a re- the people of the United States or going to honor our obligations? Now, cruitment tool against our interests, those persons who are actually within the gentleman says that some of these that this is working against the secu- our boundaries when they are captured people are terrible people, that they rity of the United States. And, more or they commit a crime. are murderers. Some of them may be,

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.165 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3719 and some of them are, but some of man, that is what this amendment I cannot think of anything more de- them may not be. They have not been calls for. structive or damaging to the morale of tried. They ought to be tried. I urge the adoption of the amend- our troops, to the morale of our Na- As the gentleman from Pennsylvania ment, and I reserve the balance of my tion, and to all of those families who said, we have criticized the Chinese time. lost loved ones in the war on terror communists, and we have criticized Mr. CULBERSON. Mr. Chairman, I than to bring in these killers and cow- many other nations for holding people rise in opposition to the amendment. ards in the United States and grant in jail indefinitely, for not trying them The Acting CHAIR. The gentleman them the protections guaranteed to and for not giving them any kind of from Texas is recognized for 5 minutes. American citizens in the United States due process. These people, like any Mr. CULBERSON. Mr. Chairman, let Constitution. other human beings, deserve some due me point out to all the Members of the Mr. Chairman, I urge Members to op- process. House and those listening here this pose this amendment, and I reserve the Some of them, I am sure, have been evening that the section Mr. NADLER balance of my time. terrorists. They ought to be condemned attempts to strike is the only thing Mr. NADLER. Mr. Chairman, I yield and put in jail forever. Some of them standing between President Barack myself such time as I may consume. may not be. And some of them were Obama and his attempt to close Guan- Again, Mr. Chairman, even the Nazis captured on foreign battlefields and tanamo Bay and transfer all these kill- who came ashore on Long Island that some were not. Some of them were sim- ers, these cowards, and these foreign the gentleman referred to before were ply victims of the Hatfields and the nationals captured on the foreign bat- tried in the military tribunal. They McCoys’ feud between two tribes or tlefields either attempting to or having weren’t simply thrown in jail and held clans in Afghanistan or wherever, and already killed American soldiers. This forever. They were tried in a military one clan said: Gee, the Americans are language that Mr. NADLER is attempt- tribunal, condemned, and then sen- paying a $5,000 bounty, so why don’t we ing to strike prohibits, says: tenced to death. tip them off to our enemy and tell None of the funds appropriated by All this amendment says is we should them that they are a terrorist. Some of this or any other act may be used to do the same thing, that people who are them were victims of that. construct or acquire or modify any fa- in the custody and the jurisdiction of The facts ought to come out. Some cility in the United States to house the United States already have con- due process ought to be given. No one any individual transferred into the stitutional rights. We are not giving ought to be held in jail for life without United States from Guantanamo Bay. them constitutional rights. The Su- a trial, without a hearing, and without So, Mr. Chairman, we have got two preme Court already said they have some due process. That is what we provisions in this bill: no money to them. We are saying they should get a stand for. And simply saying that transfer anybody from Guantanamo military tribunal or a civilian trial, Americans deserve due process but into the United States—and that whichever is chosen. This amendment other people do not, A, it is wrong. amendment, which will be a record doesn’t deal with that. And they should Other people do not have constitu- vote, will be decisively defeated by the be condemned or not. tional rights, but if they are in the House in a minute—and then this One more thing. The gentleman United States, they do. If they are in amendment which Mr. NADLER is offer- keeps saying that these people were en- Guantanamo, they have constitutional ing. We have put language in this bill emies of the United States captured on rights. The Supreme Court has already for the last several years to make sure the foreign battlefield. Some were and said that. that President Obama cannot use Fed- some were not. So the question here is: Are we going eral hard-earned taxpayer dollars to Mr. CULBERSON. Will the gen- to bring them to a facility in the build a prison facility or modify it to tleman yield? United States, a supermax facility? No house anybody transferred from Guan- Mr. NADLER. I yield to the gen- one has escaped from them. It is cheap- tanamo. tleman from Texas. er. It saves the taxpayers a lot of Now, this is very clear-cut. This is Mr. CULBERSON. Thank you, Mr. money. Give them a military tribunal very simple. Obviously anybody held, if NADLER, because the section we are or a Federal trial and do what is right. you are in a military tribunal, you get dealing with is a prohibition against That is what is at stake here. due process. That is not the issue. building a prison facility in the United I will say one other thing. Our mili- What Mr. NADLER is attempting to do States to house these people. So that is tary has told us time and time again with this amendment, again, is to give what the debate needs to be about. that the stain of Guantanamo, besides constitutional rights to foreign nation- What you are attempting to strike is a being a stain on our honor, is one of als captured on foreign battlefields en- prohibition against using our tax- the greatest recruiting tools the ter- gaged, and we are still at war with payers’ hard-earned dollars to build a rorists have. They point to Guanta- these people. We are still at war. And prison to house these killers. namo. They say: Look at those Amer- Mr. NADLER is attempting to extend Mr. FATTAH. Will the gentleman ican hypocrites. They are persecuting constitutional protections fought for yield? Muslims. They are persecuting non- and died for by our ancestors to enemy Mr. NADLER. I yield to the gen- Americans. combatants captured on foreign battle- tleman from Pennsylvania. Mr. FATTAH. Mr. Chairman, this is Well, they have a point. And other fields—never been done, absolutely un- an appropriations bill. I just want ev- people think they have a point, and precedented, and, frankly, unbeliev- erybody to know it is $2 million per in- they get angry. They get radicalized, able. I cannot even imagine the cost, mate at Guantanamo. It is a premium and they become terrorists against us. the sacrifice, the burden on American So why not, for the 120-odd people facility, $2 million per inmate. taxpayers, the threat to American safe- The Acting CHAIR. The time of the who are still at Guantanamo, the ma- ty, for what? gentleman from New York has expired. jority of whom have been judged not to So these foreign nationals, these psy- pose a threat to this country by our chopathic killers in ISIL are going to b 2100 own military authorities, do the right respect us and like us because we give Mr. CULBERSON. Mr. Chairman, the thing? Give them a trial. Throw them them a trial and gave them constitu- question before the House is whether or in jail for whatever lengthy period of tional protection? Yeah, that is going not our taxpayers’ hard-earned dollars time is indicated if they are guilty. to happen. are going to be used to build a prison And if they are not, then they ought to Mr. Chairman, we are at war with a facility in the United States to house be released if they are not guilty of a medieval mindset that is determined to the terrorists and killers and cowards crime, if they haven’t been terrorists. destroy our way of life and our liberty. held in Guantanamo Bay. That is the We have to have some evidence. We They are hostile to everything that our question before us. can’t simply point to someone and say, Founding Fathers fought for. These Mr. NADLER. Will the gentleman ‘‘He is guilty of a crime. He is a ter- people would destroy this Constitution yield? rorist,’’ without some evidence to that that we have had for over 200 years, Mr. CULBERSON. I yield to the gen- fact. That is our tradition. Mr. Chair- worked so hard to preserve and protect. tleman from New York.

VerDate Sep 11 2014 06:29 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.168 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3720 CONGRESSIONAL RECORD — HOUSE June 2, 2015 Mr. NADLER. Does the gentleman ing over $70 million a person to launch It adequately funds exploration not know what has been testified to re- our astronauts to the International ground systems, which are essential to peatedly, that it will be a lot cheaper Space Station on Russian vehicles from getting Orion off the ground, and I am for the taxpayers’ money to hold them Russian soil. We must end this reliance really grateful for that. in the United States than in Guanta- on the Russians as quickly as possible. But without sufficiently funding the namo? We must set priorities within the Orion capsule, we will be delaying the Mr. CULBERSON. Well, that may be NASA budget to make sure that the deep space exploration missions. Orion your opinion, sir, but we will not, and American astronauts are launched is a very unique and very special space- will not ever, afford constitutional from American soil on American vehi- craft, unlike any we have ever sent rights or house foreign fighters cap- cles sooner rather than later. into space, possessing capabilities to tured on a foreign battlefield who have When it comes to spending within carry astronauts deeper into space been killing the men and women of the our NASA budget, it is important that than humans have ever gone before. Armed Forces of the United States on we set a precedent of what we think is The technological and engineering a foreign battlefield, we are never the most important thing to do. NASA challenges are enormous, and it re- going to house them in a prison in the is the only U.S. Government agency quires proper funding to get the job United States. We are never going to that has human spaceflight as its mis- done. give them constitutional rights. Those sion. If NASA doesn’t do it, then it It is critical that Orion receives ade- rights are reserved to the people of the simply is not going to be done. quate funding to remain on schedule. United States and the people who com- This investment in Commercial My rough calculations indicate this mit crimes within the boundaries of Crew, which is managed out of Johnson funding level, so much less than au- the United States. Space Center in the 36th congressional thorized, can result in the delay of hav- The 19th terrorist, who didn’t quite District, would aid the development of ing Orion online by as much as 2 years. make it that day, was captured in the U.S. human spaceflight capabilities Imagine having our space launch sys- United States, and he was given a trial, and lay the foundation for future com- tems ready to go, our exploration as he should be. The Constitution ex- mercial transportation and end our de- ground systems ready to go, and no tends protections to persons within the pendence on the Russians. space capsule ready to fly for 2 more United States. These people, again, I look forward to working with you, years after that. That would be disas- whom we are at war with have never Mr. Chairman, to ensure that we give trous. Unfortunately, when Congress as- been afforded constitutional protec- this program the funding necessary to signs tasks to NASA and does not pro- tions. And you are right, the Nazis cap- end our reliance on the Russians. vide adequate funding, American’s tured in Long Island and in Florida Mr. CULBERSON. Thank you, Mr. space program gets criticized and ma- were given due process in a military BABIN. I want to assure you that as we ligned for being behind schedule, when tribunal, as these individuals have been work through this process in con- it is actually Congress that caused the given due process in military tribunals ference and the additional funding be- problem. at Guantanamo Bay. That is the way it comes available—and I do expect that I thank my colleagues for their work always has been and always should be. as we move forward, if we have addi- on this issue, and I am hopeful that we And certainly the Members of this tional funding, we are going to make can work together to make certain House have voted repeatedly in the sure that any gaps or holes, whether it Orion gets enough funding to stay on past, and I am confident they will vote be in the Orion program or anywhere schedule to carry humans into space, again tonight to defeat this amend- else, we are going to fill those holes deep space, by 2021. ment to reaffirm that these precious and make sure that we are given as I thank Chairman CULBERSON for his rights in the United States Constitu- much support as we possibly can to work on this and his assurance that we tion are reserved for the people of the Commercial Crew and to Orion. can work together to secure adequate United States and will never be ex- We funded the Orion program at the funding to keep Orion on schedule. tended to enemy foreign fighters, par- level the President requested. And if Mr. CULBERSON. I want to assure ticularly these cowards who have been we get additional funds, we will do our the gentleman that we will do so. I waging war against women and chil- very best to hit that mark also for the want to make sure to make the RECORD dren and won’t come out and fight our Commercial Crew Program. clear that we funded Orion at the level men and women on the battlefield in Mr. FATTAH. Will the gentleman requested by NASA. We fully funded in open combat. yield? exactly the number they asked for. If This language in this bill is the only Mr. CULBERSON. I yield to the gen- additional funds become available, and thing standing between President tleman from Pennsylvania. it looks like it is really going to help Barack Obama in his attempt to close Mr. FATTAH. I am very supportive them speed up the program, we will Guantanamo Bay and move these peo- of the Commercial Crew Program, and certainly make those funds available ple into prison facilities in the United I think that there is a shortfall in that to them, because we want to get Amer- States. So I urge Members to vote particular program. I think that is icans back into space as quickly as pos- against Mr. NADLER’s amendment. what the gentleman is referring to in sible on an American built rocket. I yield back the balance of my time. his hope that we can address that That is why you have seen us plus up The Acting CHAIR. The question is shortfall so that we don’t have to spend the SLS heavy launch rocket program on the amendment offered by the gen- what has now been about $500 million to accelerate that program, which will tleman from New York (Mr. NADLER). with our Russian counterparts in order have so many uses. But, of course, you The amendment was rejected. to transport astronauts to the Inter- know I don’t know there is any strong- Mr. CULBERSON. Mr. Chairman, I national Space Station. er advocate for NASA and America’s move to strike the last word and enter Mr. CULBERSON. We will work to- space program than I am and you gen- into a colloquy with the gentleman gether. If we, as we say, find additional tlemen are. I look forward to working from Texas (Mr. BABIN) and the gen- funds, we will do everything we can to with you. tleman from Florida (Mr. POSEY). help Orion. The Acting CHAIR. The time of the The Acting CHAIR. The gentleman Mr. BABIN. Thank you for your con- gentleman has expired. from Texas is recognized for 5 minutes. sideration, Mr. Chairman. Mr. PERLMUTTER. I move to strike Mr. CULBERSON. Mr. Chairman, I Mr. CULBERSON. I will be happy the last word with the gentleman from yield initially to my friend, Mr. BABIN, also to yield to my good friend, Mr. Texas. and then will yield to Mr. POSEY. POSEY, for a colloquy as well. The Acting CHAIR. Under the rule, Mr. BABIN. Mr. Chairman, I am Mr. POSEY. Thank you, Mr. Chair- the gentleman cannot strike the last seeking an increase of funding for the man. word. Commercial Crew Program in our This bill adequately funds the Space Mr. CULBERSON. Do I have the abil- Science budget. Launch System, the rocket which will ity to strike the last word again to For the past several years, the carry the Orion capsule into space, and complete additional colloquy with the United States taxpayers have been pay- I am grateful for that. gentleman from Colorado?

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.169 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3721 The Acting CHAIR. Only the gen- VACATING DEMAND FOR RECORDED VOTE ON (2) will not involve knowing interactions tleman from Texas and the gentleman AMENDMENT OFFERED BY MR. COHEN with officials who have been determined by from Pennsylvania can move to strike Mr. COHEN. Mr. Chairman, I am the United States to have direct involvement the last word under the rule. doing something I would rather not do. with violations of human rights. But the gentleman from Texas was so (d) Any certification made under sub- Mr. CULBERSON. Mr. Chair, I move section (c) shall be submitted to the Com- to strike the last word and enter into a nice on my rape kit amendment, and mittees on Appropriations of the House of colloquy with the gentleman from Col- we did save Texas and have Davy Representatives and the Senate, and the orado, my friend. Crockett, a predecessor of mine, in Federal Bureau of Investigation, no later The Acting CHAIR. The gentleman Congress. than 30 days prior to the activity in question from Texas is recognized for 5 minutes. I ask unanimous consent that my re- and shall include a description of the purpose Mr. CULBERSON. I yield to the gen- quest for a recorded vote on the amend- of the activity, its agenda, its major partici- tleman from Colorado. ment I offered that the chair was pants, and its location and timing. Mr. PERLMUTTER. I thank the gen- against, that it be withdrawn, to the SEC. 532. None of the funds made available by this or any other Act, for fiscal year 2016 tleman from Texas, and I thank my end that the amendment stand dis- and each fiscal year thereafter, may be used friend from Florida for speaking up on posed of by the voice vote thereon. to pay the salaries or expenses of personnel behalf of Orion. The Acting CHAIR. The Clerk will re- to deny, or fail to act on, an application for Orion is America’s new spacecraft to designate the amendment. the importation of any model of shotgun if— take astronauts further into space The Clerk redesignated the amend- (1) all other requirements of law with re- than ever before and land our astro- ment. spect to the proposed importation are met; nauts on Mars. The Acting CHAIR. Without objec- and Orion had its maiden test flight this tion, the request for a recorded vote is (2) no application for the importation of such model of shotgun, in the same configu- past December, and it was a resounding withdrawn. Accordingly, the noes have ration, had been denied by the Attorney Gen- success. The Orion program, as Mr. it and the amendment is not adopted. eral prior to January 1, 2011, on the basis POSEY stated, needs a full funding for There was no objection. that the shotgun was not particularly suit- this, and we believe it to be $1.35 bil- The Acting CHAIR. The Clerk will able for or readily adaptable to sporting pur- lion for fiscal year ’16 to meet those read. poses. needs. The Clerk read as follows: AMENDMENT OFFERED BY MS. ESTY I appreciate the committee including SEC. 529. To the extent practicable, funds Ms. ESTY. Mr. Chairman, I have an language in the committee report re- made available in this Act should be used to amendment at the desk. quiring NASA to provide an assessment purchase light bulbs that are ‘‘Energy Star’’ The Acting CHAIR. The Clerk will re- of these challenges, but Congress needs qualified or have the ‘‘Federal Energy Man- port the amendment. to provide the resources necessary in agement Program’’ designation. The Clerk read as follows: SEC. 530. The Director of the Office of Man- fiscal year ‘16 to mitigate the entire agement and Budget shall instruct any de- Page 94, beginning on line 16, strike sec- risk and move this project forward. partment, agency, or instrumentality of the tion 532. So I thank the gentleman from Texas United States receiving funds appropriated Page 96, beginning on line 12, strike sec- for his support of the Orion program. under this Act to track undisbursed balances tion 537. We need to make sure it has sufficient in expired grant accounts and include in its Mr. CULBERSON. Mr. Chairman, I resources to get our men and women, annual performance plan and performance reserve a point of order against the our astronauts, to Mars as quickly as and accountability reports the following: gentlewoman’s amendment. possible. (1) Details on future action the depart- The Acting CHAIR. A point of order Mr. CULBERSON. I look forward to ment, agency, or instrumentality will take is reserved. to resolve undisbursed balances in expired working with you and my colleague grant accounts. Pursuant to House Resolution 287, from Texas and our colleagues from (2) The method that the department, agen- the gentlewoman from Connecticut and Florida in ensuring everyone in this cy, or instrumentality uses to track a Member opposed each will control 5 House supports NASA and the manned undisbursed balances in expired grant ac- minutes. space program. And I will work closely counts. The Chair recognizes the gentle- with you and my colleagues to ensure (3) Identification of undisbursed balances woman from Connecticut. that any additional funding that Orion in expired grant accounts that may be re- Ms. ESTY. Mr. Chairman, my amend- needs that they receive as we move turned to the Treasury of the United States. ment strikes section 532 and 537, two (4) In the preceding 3 fiscal years, details through this process and go into con- on the total number of expired grant ac- harmful gun riders in this bill. ference. counts with undisbursed balances (on the Mr. Chairman, appropriations bills As you noted, the bill that we have first day of each fiscal year) for the depart- are not the proper place to address sig- before us tonight funds Orion at the ment, agency, or instrumentality and the nificant policy provisions. Instead, level requested by NASA. We gave total finances that have not been obligated such changes to gun policy must be se- them exactly what they asked for. We to a specific project remaining in the ac- riously and properly considered by also asked them to give us reports on counts. Congress through the regular order. making sure they can meet their dead- SEC. 531. (a) None of the funds made avail- The American people deserve an open able by this Act may be used for the Na- lines for testing the spacecraft and tional Aeronautics and Space Administra- and transparent process where a full meeting their milestones. As they tion (NASA) or the Office of Science and range of options can be frankly dis- prove that to us and as we get further Technology Policy (OSTP) to develop, de- cussed and debated by the proper con- along and additional funds get avail- sign, plan, promulgate, implement, or exe- gressional committee and the entire able and they show us they need that, cute a bilateral policy, program, order, or House of Representatives. of course, we will put them at the top contract of any kind to participate, collabo- Over the past several years, various of the list. rate, or coordinate bilaterally in any way appropriations riders related to gun Mr. PERLMUTTER. I thank the gen- with China or any Chinese-owned company policy have had unintended con- unless such activities are specifically au- sequences that could have been pre- tleman. I look forward to staying on thorized by a law enacted after the date of top of this so that as they move for- enactment of this Act. vented had these issues been fully and ward we have sufficient funding to (b) None of the funds made available by thoroughly debated in Congress. really propel this project forward and this Act may be used to effectuate the Today is National Gun Violence get our astronauts to Mars. hosting of official Chinese visitors at facili- Awareness Day. Today of all days we Mr. CULBERSON. I thank the gen- ties belonging to or utilized by NASA. can and must do better. We should not tleman. America will never surrender (c) The limitations described in sub- allow contentious policy provisions re- the high ground—outer space is the sections (a) and (b) shall not apply to activi- lated to important Federal policies high ground of the 21st century—and ties which NASA or OSTP has certified— governing firearms to be attached to (1) pose no risk of resulting in the transfer we are going to make sure to preserve of technology, data, or other information these appropriations bills. America’s leadership in space explo- with national security or economic security Mr. Chairman, I urge the Appropria- ration, both manned and unmanned. implications to China or a Chinese-owned tions Committee and the House as a I yield back the balance of my time. company; and whole to stop inserting significant gun

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(a) No funds made available in There was no objection. this Act may be used to facilitate, permit, li- EMERGENCY COMMITTEE The Acting CHAIR. The amendment cense, or promote exports to the Cuban mili- FOR AMERICAN TRADE; is withdrawn. tary or intelligence service or to any officer ENGAGE CUBA; MANCHESTER TRADE b 2115 of the Cuban military or intelligence service, or an immediate family member thereof. LIMITED, INC.; The Acting CHAIR. The Clerk will (b) This section does not apply to exports NATIONAL FOREIGN TRADE read. of goods permitted under the Trade Sanc- COUNCIL; The Clerk read as follows: tions Reform and Export Enhancement Act U.S. CHAMBER OF COMMERCE; SEC. 533. (a) None of the funds made avail- of 2000 (22 U.S.C. 7201 et seq.). USA*ENGAGE. able in this Act may be used to maintain or (c) In this section— establish a computer network unless such (1) the term ‘‘Cuban military or intel- ligence service’’ includes, but is not limited network blocks the viewing, downloading, #CUBANOW STATEMENT ON ADMINISTRATION to, the Ministry of the Revolutionary Armed and exchanging of pornography. VETO THREATS OVER CUBA POLICY (b) Nothing in subsection (a) shall limit Forces, and the Ministry of the Interior, of the use of funds necessary for any Federal, Cuba, and any subsidiary of either such Min- [From #CubaNow] State, tribal, or local law enforcement agen- istry; and WASHINGTON.—#CubaNow Political Direc- cy or any other entity carrying out criminal (2) the term ‘‘immediate family member’’ tor David Gomez issued the following state- investigations, prosecution, adjudication, or means a spouse, sibling, son, daughter, par- other law-enforcement related activity. ent, grandparent, grandchild, aunt, uncle, ment in support of the Obama Administra- SEC. 534. The Departments of Commerce niece, or nephew. tion’s veto threats and congressional efforts to eliminate attempts to limit or roll back and Justice, the National Aeronautics and AMENDMENT OFFERED BY MR. FARR the new Cuba policy: Space Administration, the National Science Mr. FARR. Mr. Chairman, I have an Foundation, the Commission on Civil Rights, amendment at the desk to strike sec- ‘‘#CubaNow supports the recent veto the Equal Employment Opportunity Com- tion 540. threats issued by the Obama Administration mission, the International Trade Commis- in regards to the House’s current Transpor- sion, the Legal Services Corporation, the The Acting CHAIR. The Clerk will re- tation and Commerce appropriations bills. As Marine Mammal Commission, the Offices of port the amendment. the Administration noted, these bills include Science and Technology Policy and the The Clerk read as follows: policy riders that place unacceptable and re- United States Trade Representative, and the Strike section 540 (page 97, line 18 through gressive restrictions related to Cuba, includ- State Justice Institute shall submit spend- page 98, line 10). ing Americans’ right to travel to the Island ing plans, signed by the respective depart- The Acting CHAIR. Pursuant to and the ability to do business with and sup- ment or agency head, to the Committees on House Resolution 287, the gentleman port Cuba’s growing private sector. Appropriations of the House of Representa- from California and a Member opposed #CubaNow also supports the floor amend- tives and the Senate within 45 days after the ment by Rep. Sam Farr to strike the restric- date of enactment of this Act. each will control 5 minutes. The Chair recognizes the gentleman tions from the Commerce appropriations bill SEC. 535. None of the funds made available and other similar efforts in Congress to keep by this Act may be obligated or expended to from California. spending bills free of bad policy that will do implement the Arms Trade Treaty until the Mr. FARR. Mr. Chairman, I am serv- nothing to help the Cuban people.’’ Senate approves a resolution of ratification ing my 22nd year in the United States for the Treaty. Congress, and I have never seen a pro- ‘‘Congress should work on advancing U.S.- SEC. 536. None of the funds made available Cuba policy in a constructive manner that vision in an appropriations bill like recognizes there’s no going back to the failed by this Act may be used to relinquish the re- this. sponsibility of the National Telecommuni- ideas of yesterday. Only a small minority in cations and Information Administration This amendment in there could be la- Congress continues to try to drag their feet. with respect to Internet domain name sys- beled the ‘‘family feud.’’ There is only But the Cold War is over, and it’s time that tem functions, including responsibility with one Member of Congress who is related Congress heeds the will of an American pub- respect to the authoritative root zone file to anybody in the leadership and in the lic that by and large supports moving forward and the Internet Assigned Numbers Author- military in Cuba, and he is the person with greater engagement. Our new direction ity functions. who put this amendment in. will do more to help Cuban civil society than SEC. 537. None of the funds made available What it does is it prohibits busi- riders that try to breathe life into an unsuc- by this Act may be used to require a person nesses from doing business in Cuba be- cessful half-century-old policy.’’ licensed under section 923 of title 18, United States Code, to report information to the De- cause it makes it almost impossible for Mr. FARR. Almost every country in partment of Justice regarding the sale of any business to get a license. That is this hemisphere and almost every multiple rifles or shotguns to the same per- why the United States Chamber of country in the world has normal trade son. Commerce; the National Foreign Trade relations with Cuba. We are trying to SEC. 538. No funds provided in this Act Council; the Emergency Committee for open those up so that businesses in shall be used to deny the Inspectors General American Trade; USA Engage, which is America, particularly our agriculture of the Departments of Commerce and Jus- a trade group; and CubaNow, which is tice, the National Aeronautics and Space Ad- and our other trading goods, can take ministration, and the National Science Florida’s Cuban Americans, are all op- advantage of the market in Cuba—not Foundation timely access to all records, doc- posed to this provision of the bill and a big one, but an important one—be- uments, and other materials in the custody support my amendment to strike it. cause it is so close to shore. Mr. Chairman, I submit for the or possession of the respective department or What this amendment does is it stops agency or to prevent or impede the par- RECORD letters from CubaNow which all of that. It targets the Cuban mili- ticular Inspector General’s access to such are in support of my amendment. records, documents, and other materials, un- DEAR CONGRESSMAN FARR: We urge that tary by saying that anything related to less in accordance with an express limitation House Members vote to strip Section 540 the Cuban military and what they own, of section 6(a) of the Inspector General Act, from H.R. 2578, Commerce, Justice, Science, which is a lot of businesses in Cuba, as amended, consistent with the plain lan- and Related Agencies Appropriations Act, may not be used to facilitate, permit, guage of the Inspector General Act, as 2016. license, or promote exports to the amended. The Inspectors General of the De- This provision would turn back the stra- Cuban military or intelligence services partments of Commerce and Justice, the Na- tegic effort to normalize relations between tional Aeronautics and Space Administra- the U.S. and Cuba, harming advancements to or the immediate families thereof. tion, and the National Science Foundation increased commerce with Cuba. This is what is really so damaging. shall report to the Committees on Appro- Majorities of Americans, Cuban-Ameri- The term ‘‘immediate family,’’ as de- priations of the House of Representatives cans, and Cubans support normalizing rela- scribed in the bill, means a spouse, sib- tions and ending the unilateral trade embar- and the Senate within five calendar days any ling, son, daughter, parent, grand- failures to comply with this requirement. go. Bipartisan support exists in both the SEC. 539. The Department of Commerce, House and Senate and throughout the busi- parent, grandchild, aunt, uncle, niece, the National Aeronautics and Space Admin- ness community and the majority of civil so- or nephew. Now, how does a business- istration, the National Science Foundation, ciety groups focused on Cuba. person in the United States know if

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any of those people are working for any the most robust spy networks in the Mr. FARR. I yield 11⁄2 minutes to the of the agencies that this bill restricts United States. These are not the people distinguished gentlewoman from Cali- from? we should be rewarding with American fornia (Ms. LEE). It hurts American businesses, and it business. Ms. LEE. I thank my colleague for hurts Cubans. Let’s stop living in the The most recent State Department yielding. past. Let’s strike this provision in the report on Cuba’s human rights condi- Mr. Chairman, I rise in strong sup- bill and support my amendment. tions says that harsh prison conditions, port of this amendment. I reserve the balance of my time. arbitrary arrests, selective prosecu- Once again, the other side is really Mr. DIAZ-BALART. Mr. Chairman, I tion, and the denial of fair trials con- pushing the envelope in terms of char- claim the time in opposition. tinue in the country. acterizing what this amendment actu- The Acting CHAIR. The gentleman The iron fist of the Castro regime has ally does. from Florida is recognized for 5 min- cracked down on peaceful democratic This amendment would strike provi- utes. activists with over 2,000 dissidents ar- sions included in this bill that would Mr. DIAZ-BALART. Mr. Chairman, I rested since the President’s December prohibit the Department of Commerce am glad this amendment is here. 17 announcement. Just this past Sun- from issuing licenses for new types of President Obama said—and he said day, 59 members of the Ladies in White exports that are permitted under the this a while ago—that his policies are were arrested along with 25 other Obama administration’s new policy of to help promote the Cuban people’s human rights activists—their crime? It engagement with Cuba. This provision independence from Cuban authorities. was attending Sunday mass, Mr. Chair- is not only an inappropriate policy Now, no one can claim that the man. rider in this appropriations bill, but, if Cuban military and the Cuban intel- The oppression is not limited to included, it would put this House, once ligence community and their direct Cuba’s borders. According to high-level again, on the wrong side of history. family members are not the Cuban au- military defectors from Venezuela’s Supporters of this provision claim thorities. Nothing is more authority Government, there are between 2,700 that it would only prohibit exporting than those two things. Let’s unmask and 3,000 Cuban military and intel- to anyone who works with the Cuban what this amendment does. ligence agents aiding in the crackdown military, intelligence services, and The language in the mark, in the bill, against Venezuelan protesters and op- their immediate families. The reality simply affirms that we should not send posing American interests in that is that the effects of this provision are exports—I will make this very clear— country. much, much broader. to the Cuban military or the intel- These are the thugs—the very indi- It would make it difficult for the De- viduals—who would most benefit from ligence community or their immediate partment of Commerce to issue li- the Farr amendment. families. In unmasking this amend- censes to companies that want to ex- Mr. Chairman, I understand that ment, what this amendment is saying there is a diversity of views in this port to Cuba, U.S. companies that cre- is no, no, no, that we do support and Chamber with regard to our broader ate jobs in the United States of Amer- that we do want to do business with Cuba policy. What I cannot understand ica. This includes equipment and sup- the Cuban military and the Cuban in- is why anyone would want to reward plies for entrepreneurs that are related telligence services and their immediate the individuals responsible for the to running their own businesses here in families. deaths of Americans, for the oppression America, and it includes the materials, By the way, it is the same military of the Cuban people, for spying against equipment, and tools to construct or and intelligence services that brutal- our country. renovate privately owned businesses. ized the Cuban people, that beat pro- I respectfully ask my colleagues to Simply put, this rider is wrong. It is democracy demonstrators, that beat a oppose the Farr amendment. wrong for business, and it certainly number of American citizens in Pan- Mr. FARR. Mr. Chairman, rhetoric is should not be part of a bill that funds ama recently, that illegally smuggles really cheap here, but I would urge our critical Commerce, Justice, and weapons, which has members of that Members to read the bill and to read Science programs. Cuban military under indictment here the second term. The majority of Americans and Cu- in a U.S. Federal court for the murder It reads: bans agree that U.S. policy toward of American citizens. The term ‘‘Cuban military intelligence Cuba has been an unpopular failure for I am glad this amendment is here be- service’’ includes but is not limited to the more than 50 years. Instead of includ- cause this amendment unmasks the un- Ministry of the Revolutionary Armed Forces ing misguided provisions that under- derlying issue, and the chairman’s and the Ministry of Interior of Cuba and any mine the process of normalizing rela- mark specifically deals with—again, as subsidiary of such ministry. tions with Cuba, we should be moving The term ‘‘immediate family’’ means I mentioned—the Cuban military and spouse, sibling, son, daughter, and so on. toward increased exchanges, formal re- the intelligence community and their lations with our neighbors, and cre- The analysis by our own Library of immediate relatives. ating good-paying jobs in the United Congress says that this would severely If this amendment were to happen, States by allowing the exporting of hurt the consumer communication de- what we would be saying is that we U.S. products to Cuba. vices that would be sent to families in Mr. DIAZ-BALART. Mr. Chairman, I want to do business, not with Cuba and Cuba as part of the negotiations that yield the balance of my time to the not with the Cuban people, but with are going on right now between the gentleman from Texas (Mr. CULBER- the Cuban military and the intel- United States and the administration. ligence services and their direct rel- It would also hurt materials, equip- SON). atives. Frankly, I am glad this amend- ment, tools used by the private sector Mr. CULBERSON. Mr. Chairman, I ment is here because it does unmask to construct or to renovate privately want to point out the language Mr. the issue. owned buildings, tools and equipment FARR is attempting to strike. Mr. Chairman, I yield the balance of for private sector agriculture activity, It reads: my time to the distinguished gen- tools and equipment and supplies and No funds made available to do business tleman from Florida (Mr. CURBELO). instruments used by the private sector. with the Cuban military or the intelligence Mr. CURBELO of Florida. I thank my This provision just kills the ability services. colleague for yielding. for the United States to open up trade The only thing standing between Mr. Chairman, I rise in opposition to that every other country has. This is President Barack Obama’s attempt to the Farr amendment. just a ‘‘family feud’’ amendment. This override the will of the people as ex- Section 540 is critical in ensuring is not good business, and that is why pressed by Congress, which is we will that exports to Cuba reach and benefit the business community is opposed. not do business with Cuba, is the Fed- the Cuban people, not the regime’s Mr. Chairman, how much time do I eral law. President Obama is attempt- military and intelligence services, have remaining? ing to change that. which actively and aggressively col- The Acting CHAIR (Mr. MCCLIN- The only thing stopping President laborate with our enemies throughout TOCK). The gentleman from California Obama from doing business with Cuba the world. Still today, Cuba has one of has 2 minutes remaining. is this language, and the language says

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Mr. Chairman, I is that you can’t do business with the clause 6 of rule XVIII, further pro- rise to make a point of order against Communist military or with the Com- ceedings on the amendment offered by the amendment, reluctantly, because I munist intelligence services. the gentleman from California will be agree with the gentleman’s amendment Therefore, we urge Members to vote postponed. because I share his concern about pri- ‘‘no’’ against this amendment. The Clerk will read. vacy matters; but because the amend- The Acting CHAIR. The time of the The Clerk read as follows: ment proposes to change existing law, gentleman from Florida has expired. SEC. 541. None of the funds made available and it constitutes legislation in an ap- Mr. FARR. It is very interesting that by this Act may be expended during fiscal propriations bill, it, therefore, violates the capitalist society out there sup- year 2016 for the shutdown of the Strato- clause 2 of rule XXI. ports my amendment: the U.S. Cham- spheric Observatory for Infrared Astronomy I do share the gentleman’s concern. I ber of Commerce, the National Foreign or for the preparation therefor. think it is very important that, as the Trade Council, Engage Cuba, the Emer- SPENDING REDUCTION ACCOUNT House debates these matters, that we gency Committee for American Trade. SEC. 542. The amount by which the applica- remember that our most important They wrote a letter that they urge the ble allocation of new budget authority made right as Americans is to be left alone by the Committee on Appropriations of the House Members to strip section 540 and our right of privacy. I am deeply from H.R. 2578, the Commerce, Justice, House of Representatives under section 302(b) of the Congressional Budget Act of 1974 concerned about these cell phone tow- Science, and Related Agencies Appro- ers that are spoofed, that are designed priations Act. exceeds the amount of proposed new budget authority is $0. to spoof our phones, and the govern- The provision would turn back the ment intruding into our zone of pri- strategic effort to normalize relations AMENDMENT OFFERED BY MR. SCHWEIKERT Mr. SCHWEIKERT. Mr. Chairman, I vacy that is now compromised by these between the U.S. and Cuba, harming electronic devices in so many ways. advancements to increase commerce have an amendment at the desk. The Acting CHAIR (Mr. CURBELO of However, House rules state in perti- with Cuba. The majorities of Ameri- nent part: ‘‘An amendment to a general cans, Cuban Americans, and Cubans Florida). The Clerk will report the amendment. appropriations bill shall not be in order support the normalization of relations if changing existing law.’’ and any unilateral trade embargo. The Clerk read as follows: Add at the end of the bill (before the short This amendment does require a new Bipartisan support exists in both the determination by its express terms, House and the Senate and throughout title), the following: SEC. ll. None of the funds made available and while I will certainly work with the businesses community and with the by this Act shall be used to transfer cell site the gentleman as we move forward in majority of the civil society focused on simulators, or IMSI Catcher, or similar cell conference to address this concern, Cuba. The question of Cuba policy phone tower mimicking technology to state make sure our privacy rights are pro- should be approached deliberatively and local law enforcement that haven’t tected, I do ask at this time for a rul- and in the full context of hemispheric adopted procedures for the use of such tech- ing from the Chair on the substance of relations. nology that protects the constitutional rights of citizens. my point of order. I urge the support of this amend- The Acting CHAIR. Does any other ment. Mr. CULBERSON. Mr. Chairman, I Member wish to be heard on the point The Acting CHAIR. The time of the reserve a point of order on the gentle- of order? gentleman has expired. man’s amendment. The Chair recognizes the gentleman Mr. FATTAH. Mr. Chairman, I move The Acting CHAIR. A point of order from Arizona. to strike the last word. is reserved. Mr. SCHWEIKERT. Mr. Chairman, The Acting CHAIR. The gentleman Pursuant to House Resolution 287, with the chairman’s friendship and from Pennsylvania is recognized for 5 the gentleman from Arizona and a commitment and where he is on under- minutes. Member opposed each will control 5 standing the importance of the issue, I Mr. FATTAH. Mr. Chairman, we minutes. spend a lot of time making something ask unanimous consent to withdraw The Chair recognizes the gentleman the amendment. simple complex. The problem here is from Arizona. that, in a small nation, an island like The Acting CHAIR. Is there objection Mr. SCHWEIKERT. Mr. Chairman, I to the request of the gentleman from Cuba, trying to discern whether some- will try to make this very quick be- body is related—a cousin, a nephew, a Arizona? cause I know there is a point of order. There was no objection. so-and-so who might work for some en- This was one of those moments where The Acting CHAIR. The amendment tity—is very problematic. there was a concern about new adopted is withdrawn. What this restriction would basically technology. We have all heard the sto- mean is that you wouldn’t be able to do AMENDMENT OFFERED BY MR. ENGEL ries of some of these, shall we call Mr. ENGEL. I have an amendment at any business. That is notwithstanding them, dummy cell sites that are basi- everything else, notwithstanding the the desk. cally used to capture the phone calls The Acting CHAIR. The Clerk will re- failure of the last 50 years, notwith- because they produce the largest, most port the amendment. standing the fact that everybody else powerful signal. Now, some of this The Clerk read as follows: in the world is doing business in Cuba, technology that has been being used at At the end of the bill (before the short this language would prevent us from the Federal Government level is being title), insert the following: being able to do any business there be- transferred to State and local law en- SEC. lll. None of the funds made avail- cause you would not be able to pre- forcement. able by this Act may be used by the Depart- determine whether there was a blood The amendment is meant to be very ment of Commerce, the Department of Jus- tice, or any other Federal agency to lease or connection between some person you simple and just says for the Federal were selling a cell phone to and some- purchase new light duty vehicles for any ex- Government to design, for Justice to ecutive fleet, or for an agency’s fleet inven- one who, at some point, was a grunt in design, protocols that the constitu- the military. tory, except in accordance with Presidential tional rights are being protected, that Memorandum—Federal Fleet Performance, b 2130 if a local law enforcement is going to dated May 24, 2011. That is the issue. That is why we use this capture technology, that they The Acting CHAIR. Pursuant to should support the Farr amendment. better darn well be following the Con- House Resolution 287, the gentleman I yield back the balance of my time. stitution, and before that technology is from New York and a Member opposed The Acting CHAIR. The question is transferred, that there is an under- each will control 5 minutes. on the amendment offered by the gen- standing, mechanics of that being laid The Chair recognizes the gentleman tleman from California (Mr. FARR). out. from New York.

VerDate Sep 11 2014 03:05 Feb 19, 2016 Jkt 049060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD15\JUN 15\H02JN5.REC H02JN5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3725 Mr. ENGEL. Mr. Chairman, on May Mr. FATTAH. We had a big celebra- cently asked Congress to update the 24, 2011, President Obama issued a tion at the Ben Franklin Institute in law to ensure that the Federal Govern- memorandum on Federal fleet perform- Philadelphia for electric cars, and ment can access information from ance that required all new light-duty there was such a variety of vehicles. Americans’ cell phones and personal vehicles in the Federal fleet to be al- Alternative fuels are important. I electronic devices in the future. ternative fuel vehicles, such as hybrid, think that the gentleman’s amendment Many U.S. technology companies electric, natural gas, or biofuel, by De- is one that we have accepted in pre- have also been approached by the gov- cember 31, 2015. vious appropriation bills, and I concur ernment agencies, urging them either My amendment echoes the Presi- with the chairman that we would ac- through intimidation or just request to dent’s memorandum by prohibiting cept it in this case. create back doors on their products’ funds in this act from being used to Mr. CULBERSON. I urge Members to encryption system so the government lease or purchase new light-duty vehi- support the amendment and urge its can access it later down the road. We cles unless that purchase is made in ac- adoption. have all learned recently about the cord with the President’s memo- I yield back the balance of my time. government’s abuse of section 215 randum. I have submitted identical Mr. ENGEL. Mr. Chairman, I con- under the PATRIOT Act and abuse amendments to 16 different appropria- clude and say I thank my colleagues under section 702 of the FISA Amend- tions bills over the past few years, and and look forward to continuing to work ments Act. every time they have been accepted by together with them in a bipartisan Basically what this amendment does, both the majority and the minority, so fashion for the good of the American Mr. Chairman, is prohibit the govern- I hope my amendment will receive people. ment from going to Apple, for example, similar support today. I yield back the balance of my time. and telling Apple that they want an Global oil prices are down. We no The Acting CHAIR. The question is encryption in cell phones that they sell longer pay $147 per barrel. But despite on the amendment offered by the gen- to Americans, an encryption that increased production here in the tleman from New York (Mr. ENGEL). would allow the FBI to have access to United States, the global price of oil is The amendment was agreed to. this information, which would include still largely determined by OPEC. AMENDMENT OFFERED BY MR. POE OF TEXAS not just conversations, not just include Spikes in oil prices have profound re- Mr. POE of Texas. I have an amend- emails, but it would also include text percussions for our economy. The pri- ment at the desk regarding the Fourth messaging as well. mary reason is that our cars and Amendment to the Constitution, with This is a straightforward amend- trucks run only on petroleum. We can multiple cosponsors. ment. This prohibits the Federal Gov- change that with alternative tech- The Acting CHAIR. The Clerk will re- ernment—specifically, the FBI—from nologies that exist today. port the amendment. going in and receiving this informa- The Federal Government operates The Clerk read as follows: tion. Privacy is important. It is under the largest fleet of light-duty vehicles At the end of the bill (before the short our Constitution. There should be no in America, over 633,000 vehicles. Near- title), insert the following: doubt that the Federal Government ly 50,000 of these vehicles are within SEC. ll. (a) Except as provided by sub- should have no access to our cell the jurisdiction of this bill, being used section (b), none of the funds made available phones and the information that is in by the Department of Commerce, De- by this Act for the Department of Justice or those cell phones. That is what this partment of Justice, and the National the Federal Bureau of Investigation may be amendment does. Science Foundation. used to mandate or request that a person (as I reserve the balance of my time. When I was in Brazil a few years ago, defined in section 101(m) of the Foreign In- Mr. CULBERSON. I ask unanimous telligence Surveillance Act of 1978 (50 U.S.C. I saw how they diversified their fuel by 1801(m)) alter the product or service of the consent to claim the time in opposi- greatly expanding their use of ethanol. person to permit the electronic surveillance tion, but I do not oppose the gentle- People there can drive to a gas station (as defined in section 101(f) of such Act (50 man’s amendment. I agree with his and choose whether to fill their vehicle U.S.C. 1801(f)) of any user of such product or amendment and encourage the House with gasoline or with ethanol or some service. to support it. other mix. They make their choice (b) Subsection (a) shall not apply with re- Ms. LOFGREN. Mr. Chairman, re- based on cost or whatever criteria they spect to mandates or requests authorized serving the right to object. deem important. I want this same under the Communications Assistance for The Acting CHAIR. The gentlewoman Law Enforcement Act (47 U.S.C. 1001 et seq.). choice for American consumers. from California is recognized on her That is why I am proposing a bill this Mr. POE of Texas (during the read- reservation. Congress, as I have in the past, which ing). Mr. Chair, I ask unanimous con- Ms. LOFGREN. Mr. Chairman, I had will provide for cars built in America sent to dispense with the reading of the also sought to seek the time in opposi- to be able to run on a fuel instead of, or amendment. tion, although I also do not oppose the in addition to, gasoline. It doesn’t cost The Acting CHAIR. Is there objection amendment. much at all; and if they can do it in to the request of the gentleman from Mr. CULBERSON. Does the gentle- Brazil, we can do it here. Texas? woman support the amendment? In conclusion, expanding the role There was no objection. Ms. LOFGREN. I support the amend- these alternative technologies play in The Acting CHAIR. Pursuant to ment, as does the gentleman. our transportation economy will help House Resolution 287, the gentleman Mr. CULBERSON. That was my break the leverage that foreign govern- from Texas and a Member opposed each point. I think it is important. We are ment-controlled oil companies hold will control 5 minutes. here in this Chamber looking at George over Americans. It will increase our The Chair recognizes the gentleman Mason, who refused to sign the Con- Nation’s domestic security and protect from Texas. stitution because he was so concerned consumers. I ask that my colleagues Mr. POE of Texas. Mr. Chairman, I that the power of the Federal Govern- support the Engel amendment. have a simple, straightforward amend- ment would just absolutely oblit- I reserve the balance of my time. ment to protect the Fourth Amend- erate—— Mr. CULBERSON. Mr. Chair, I claim ment of the U.S. Constitution. This is The Acting CHAIR. The gentleman the time in opposition, but I do not op- a very similar amendment that passed will suspend. pose the gentleman’s amendment and DOD Appropriations last year. Does the gentlewoman withdraw her would urge its adoption. I would like to thank Representa- reservation? The Acting CHAIR. Without objec- tives LOFGREN, MASSIE, CONYERS, Ms. LOFGREN. Mr. Chairman, fur- tion, the gentleman from Texas is rec- AMASH, NADLER, FARENTHOLD, POLIS, ther reserving, I was wondering if the ognized for 5 minutes. LABRADOR, and LIEU for working with Democratic side of the aisle might be There was no objection. me as cosponsors on this important able to split the time. That is why I Mr. CULBERSON. I yield to the gen- amendment. was reserving the right to object. tleman from Pennsylvania (Mr. James Comey, the Director of the Mr. CULBERSON. Mr. Chairman, I FATTAH), my friend from Philadelphia. Federal Bureau of Investigation, re- would be happy to split the time with

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.185 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3726 CONGRESSIONAL RECORD — HOUSE June 2, 2015 the gentlewoman. I am claiming the Amendment be adhered to. Secondly, Back doors are bad for three reasons. time in opposition, although I do not we all know—and if you ask any com- When the government forces companies oppose it. The gentleman still has some puter scientist, they will tell you—that to put back doors or weaken their time remaining on his initial time. I once the vulnerability is introduced for encryption, it is bad for security be- will yield in just a moment, but I real- a good reason, it is available for hack- cause hackers are going to find these ly think it is important in this age of ing for very bad reasons. Finally, for back doors and other foreign countries electronic communication that we in competitiveness. Think how competi- will find these back doors. the Congress debate and be keenly tive it is to sell an American product It is bad for privacy because the aware of the new boundaries. around the world when everyone knows Fourth Amendment can be violated. The Acting CHAIR. The gentleman that it is compromised. Not a really And it is bad for business. As my col- will suspend. good marketing tool. league ZOE LOFGREN from California Ms. LOFGREN. I withdraw my res- Last year, as Mr. POE mentioned, we mentioned, it is bad for business be- ervation. had almost precisely this amendment cause it makes us less competitive The Acting CHAIR. The reservation on the floor as an amendment to the overseas. Who wants to buy a piece of is withdrawn. DOD appropriations. What was the vote defective software that was made de- Without objection, the gentleman on that amendment? It was 293–123; fective by our government? from Texas (Mr. CULBERSON) is recog- overwhelming. So I urge Members to vote for this nized for 5 minutes. So I am hoping that Members will amendment because it would prevent There was no objection. not flip-flop, that they will, in fact, all of these bad things from occurring. Mr. POE of Texas. Mr. Chairman, b 2145 vote the way they did last year. And I will just go a little trip down how much time do I have remaining? Mr. CULBERSON. Mr. Chairman, my The Acting CHAIR. The gentleman memory road. When I was first elected neighbor and good friend, Judge TED from Texas has 2 minutes remaining. to the Congress, I took my oath of of- POE, brings a very important point to Mr. POE of Texas. In conclusion, I fice January 4, 1995, and I met BOB the floor tonight. want to thank the minority, Ms. LOF- GOODLATTE for the very first time. And In this new era of expanding tech- GREN, and all the cosponsors on this, as nology that now intrudes on every as- he and I went all over this Congress to well as the chairman of the sub- pect of our lives, it is very important try and work on decontrol of committee, for their support. to remember the admonition that Ben- encryption. On the issue of privacy, in this time jamin Franklin gave us—that those Although a lot of people we talked to where we have threats to this country, who would surrender a little freedom in 1995 had no idea what we were talk- we can have security and we can cer- to gain a little safety are soon going to ing about when we talked about tainly have privacy, and we can have find themselves with neither. encryption, ultimately that bipartisan the Constitution be followed as well. I do find it instructive that we are effort was successful. We must not let The Fourth Amendment has always here on this House floor looking at that successful effort to protect pri- required that if the government wants George Mason, who is on the right vacy, to protect technology, be eroded to search, the government must follow here, who refused to sign the Constitu- at this point. certain rules. And those rules are that tion because he was so concerned the So I look forward to a very strong you must get a warrant from a judge Federal Government would become om- vote on this. I think it is important based on probable cause. That is still nipotent and obliterate the rights of that we have a vote, even though there the law of the land, even in 2015. individuals and the rights of the States is agreement, just to send the message All this amendment does is ensure to control those issues that deal exclu- to the other body how serious that we the fact that the government—the sively with the States. are. FBI—follows the Constitution. The My favorite Founding Father, Thom- Mr. CULBERSON. Our most impor- idea that the Federal Government as Jefferson, was keenly aware of and tant right as Americans is to be left wants to have encryption in American concerned about the power of the Fed- alone. If you are a law-abiding Amer- cell phones so they can have access to eral Government. We are entering into ican, you are secure in your home and the information is repulsive. So all this a whole new era now where the govern- your possessions. Your home is your does is keep the Federal Government ment has got the ability to intrude on castle. out of our business without appropriate every aspect of our life. Ms. LOFGREN. Will the gentleman constitutional protections. I share Judge POE’s concern. I sup- yield? I ask for support of this amendment, port his amendment, and I urge the Mr. CULBERSON. I yield to the gen- and I yield back the balance of my House to support it. If the FBI has a tlewoman from California. time. court order, if the National Security Ms. LOFGREN. We might not agree Mr. CULBERSON. Mr. Chairman, I Agency gets a court order, I believe on everything, but I think we agree on just want to reaffirm that, as Judge they could get access to what they the Fourth Amendment. So this is a POE has written this amendment, there need to get access to. Just like crack- great day for this body to come to- is an exception in here that if the gov- ing a safe. gether across the aisle for that pur- ernment gets a court order, they can In fact, I asked this question, if I pose. And I thank the gentleman for go in and put a back door on the phone could, of Director Comey in front of yielding when the judge says there is a compel- our subcommittee. He said these new Mr. CULBERSON. I reserve the bal- ling reason to do so. iPhones—I dropped my iPhone 5 and ance of my time. I yield to the gentleman. had to get a 6—he said these can’t be Mr. FATTAH. Will the gentleman Mr. POE of Texas. Certainly. The cracked. So, therefore, you would have yield? law—the Constitution—still applies to open them up like you would a safe, Mr. POE of Texas. I yield to the gen- that the government must go and get a as you had to order safes, I bet, opened tleman from Pennsylvania. warrant based upon probable cause on occasion, Judge POE. Mr. FATTAH. I just wanted to indi- under the Fourth Amendment. Of So I agree with the amendment, and cate that on behalf of the minority, we course, there are exceptions to I yield the balance of my time to the support your amendment and are pre- warrantless search. gentlewoman from California (Ms. LOF- pared to agree to it. Mr. CULBERSON. Reclaiming my GREN). Mr. POE of Texas. I yield 1 minute to time, the way the amendment is writ- Ms. LOFGREN. I thank the gen- the gentleman from Kentucky (Mr. ten, the government can’t just force all tleman for yielding. MASSIE). phone companies to build a back door As Mr. POE recognized, this is a very Mr. MASSIE. Thank you, Judge POE, into all telephones. You have got to diverse group of authors who don’t for introducing this amendment. This have a court order on that specific agree on everything, but this is very was substantially the same amendment phone, on that specific person, before important for a reason. that we offered last summer that you can do it. That is absolutely rea- First, it is fundamental that our pri- passed with a veto-proof majority 293– sonable. That is what Mr. Madison and vacy be protected; that the Fourth 123. Mr. Jefferson intended for us to do.

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.187 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3727 Therefore, I support the gentleman’s I urge my colleagues to support our nearly a decade later. This program in- amendment, and I yield back the bal- bipartisan amendment that we worked cluded logs of virtually all telephone ance of my time. on with Mr. GRIFFITH, Mr. SCHWEIKERT, calls from the U.S. to as many as 116 The Acting CHAIR. The question is Mr. NADLER, and Mr. FARENTHOLD to countries, ostensibly linked to drug on the amendment offered by the gen- simply prohibit DOJ from using Fed- trafficking, all without a court order tleman from Texas (Mr. POE). eral funds to engage in bulk data col- and without authorization from Con- The amendment was agreed to. lection of Americans’ phone records or gress. AMENDMENT OFFERED BY MR. POLIS other data, and I reserve the balance of Mr. Chairman, enough is enough. Al- Mr. POLIS. Mr. Chairman, I have an my time. though the DOJ has since shut down amendment at the desk. Mr. CULBERSON. Mr. Chairman, I this program, there is nothing pre- The Acting CHAIR. The Clerk will re- claim time in opposition. venting the Department from renewing port the amendment. The Acting CHAIR. The gentleman it in secret without authorization, as it The Clerk read as follows: from Texas is recognized for 5 minutes. did before. This amendment would en- At the end of the bill (before the short Mr. CULBERSON. Just being given sure that it remains dormant and that title), insert the following: Mr. POLIS’ amendment, I oppose the Americans’ privacy remains secure. SEC. ll. None of the funds made available idea of bulk data collection. I would I thank Mr. POLIS and the other co- by this Act may be used to execute a sub- sponsors of the amendment, and I poena of tangible things pursuant to section like to accept the gentleman’s amend- 506 of the Controlled Substances Act (21 ment because of my previous expressed thank the gentleman from Texas for U.S.C. 876) that does not include the fol- concerns about how we want to make accepting this amendment. I urge my lowing sentence: ‘‘This subpoena limits the sure we are protecting the privacy of colleagues to support this amendment. collection of any tangible things (including law-abiding Americans. Mr. POLIS. Mr. Chairman, I yield 1 phone numbers dialed, telephone numbers of So I would accept the gentleman’s minute to the gentleman from Texas incoming calls, and the duration of calls) to amendment with the understanding (Mr. FARENTHOLD). those tangible things identified by a term that I would work with him. There may Mr. FARENTHOLD. Mr. Chairman, I that specifically identifies an individual, ac- be unintended consequences here that I rise in support of this amendment and count, address, or personal device, and that thank my colleague from Texas for limits, to the greatest extent reasonably am not immediately aware of. Judici- practicable, the scope of the tangible things ary Committee staff is working with agreeing to accept it. sought.’’. ours right now to make sure we have This has been a great victory this week in our ability to work with the The Acting CHAIR. Pursuant to got our arms around this. Senate to rein in what I believe to be House Resolution 287, the gentleman I want to make sure that if the DEA the unconstitutional bulk data collec- from Colorado and a Member opposed has a valid court order, a valid sub- poena, that they can go after tion by the NSA. each will control 5 minutes. Just because we stopped the NSA The Chair recognizes the gentleman lawbreakers and complete their inves- doesn’t mean we shouldn’t be ever vigi- from Colorado. tigations. Again, we want to protect Mr. POLIS. Mr. Chairman, here in the privacy of law-abiding Americans. lant. With the reports of the DEA en- Congress we have just been spending a Mr. FATTAH. Will the gentleman gaging in similar activities, it is abso- lot of time and energy discussing NSA yield? lutely appropriate that we use the surveillance. The American public— Mr. CULBERSON. I yield to the gen- power of the purse to ensure that this and now, Members of Congress in both tleman from Pennsylvania. type of spying on American citizens— Chambers—have spoken clearly that Mr. FATTAH. I think with the under- this bulk data collection—is stopped. This is no different from the general the kind of bulk data collection the standing that the chairman has laid warrants that were complained about NSA has engaged in needs to be out, your accepting this amendment when the King of England would send stopped. However, there is a cor- would move us forward, and I agree. I troops to rifle through people’s desks responding change that we need to think we have a clear understanding just looking for stuff. It is the exact make with regard to the Drug Enforce- that you are accepting it, but we will same thing in the digital age. I encour- ment Administration. work together to make sure it doesn’t In a series of revelations from 2013 to have any unintended consequences. age my colleagues to support it and 2015, it came to light that the DEA had Mr. CULBERSON. Reclaiming my look forward to working with my col- for more than 20 years been gathering time, with that understanding, I want league, Mr. CULBERSON, in making sure a vast database of information on to make sure we reserve the right of it does become part of this bill. America’s personal communications. DEA to get a court order to do their b 2200 There was no congressional authority work. With that understanding, I with- Mr. POLIS. In conclusion, I want to for this program and no oversight by draw my opposition and will accept the thank the gentleman from Texas (Mr. Congress or any area of the Federal amendment. CULBERSON). It is, indeed, the intended Government. I yield back the balance of my time. language and we believe the actual lan- Legal experts who weighed in after Mr. POLIS. I yield 1 minute to the guage of the amendment that would the program was finally made public gentleman from New York (Mr. NAD- not interfere with any valid court or- have said without hesitation that the LER), the coauthor of the amendment. ders or warrants. We are happy to work program was illegal. Mr. NADLER. I thank the gentleman with them in that regard. In 2013, the Department of Justice for yielding. The amendment is designed to per- brought this program to an end, but I rise in strong support of this tain to bulk collection of data, which there is nothing to stop the govern- amendment to prevent bulk collection was never specifically authorized by ment or the DOJ from resuming it at of data at the Department of Justice. Congress. will unless Congress acts by inserting Last month, this House spoke loud I appreciate the gentleman from this language in the appropriations and clear that we oppose the National Texas accepting the amendment, and I bill. Without this language, the DEA Security Agency’s bulk collection of yield back the balance of my time. could once again unilaterally sweep up telephone metadata. Today, the Senate The Acting CHAIR. The question is the communications records of mil- joined us in that judgment, and, to- on the amendment offered by the gen- lions of Americans. gether, we have reaffirmed our com- tleman from Colorado (Mr. POLIS). There is no reason that, as we work mitment to the Fourth Amendment The amendment was agreed to. to end the unconstitutional surveil- and to protecting Americans from un- AMENDMENT NO. 1 OFFERED BY MRS. lance that the NSA has engaged in, we constitutional government surveil- BLACKBURN should continue to allow the DOJ to lance. Mrs. BLACKBURN. Mr. Chairman, I have the very same abuses. We learned earlier this year that long have an amendment at the desk. This is a corresponding piece of legis- before the NSA program ban, the Drug The Acting CHAIR. The Clerk will lation to something that already Enforcement Administration engaged designate the amendment. passed the House with regard to the in its own bulk collection program that The text of the amendment is as fol- NSA by an overwhelming majority. provided a model for the NSA to use lows:

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.188 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3728 CONGRESSIONAL RECORD — HOUSE June 2, 2015 At the end of the bill, before the short want to cut our operations of our cy- could. Cutting one penny out of a dol- title, insert the following: bersecurity forces, as Mrs. BLACKBURN lar is a wise step. I don’t know of any- SEC. ll. (a) Each amount made available would. I do not want to cut the work body that thinks we are underspent. I by this Act, except those amounts made that is being done by our law enforce- know a lot of people that think we are available to the Federal Bureau of Investiga- tion, is hereby reduced by 1 percent. ment officials across the country, as overspent and that we are overtaxed. (b) The reduction in subsection (a) shall Mrs. BLACKBURN would. What it is going to take in order to not apply with respect to the following ac- This amendment would also cut, for get our fiscal house in order and to se- counts of the Department of Justice: example, the good work that is being cure this Nation for future generations (1) ‘‘Fees and Expenses of Witnesses’’. done by the U.S. Marshals Service. is, yes, indeed, targeted cuts. It is (2) ‘‘Public Safety Officer Benefits’’. This would cut the 55 new immigration going to take across-the-board cuts, (3) ‘‘United States Trustee System Fund’’. judges that we have included in the and it is going to take everybody The Acting CHAIR. Pursuant to bill. agreeing that we don’t have a revenue House Resolution 287, the gentlewoman This would cut the amount of money problem, we have a spending problem. from Tennessee and a Member opposed we set aside for the operation of our That is a component of our budget each will control 5 minutes. prison system, of the ATF, all Federal and appropriations process that the The Chair recognizes the gentle- law enforcement agencies that perform American people are demanding that woman from Tennessee. such a vital role. We prioritized them we get under control. It is not nec- Mrs. BLACKBURN. Mr. Chairman, and made sure they are protected from essarily a debate about worthiness. first of all, I want to begin by thanking cuts. There are lots of good programs and es- the committee and Chairman CULBER- I would oppose this amendment on sential programs. SON for their tremendous work that the basis that we do not want to cut What it is, is a debate about steward- they have put into this bill, identifying Federal law enforcement. ship, making certain that we are focus- We also don’t want to cut our Na- ways to reduce spending and to be a ing and that we are doing the extra tion’s investment in the sciences and good steward of the taxpayers’ money. work that is necessary to get the the National Science Foundation or This funding bill is $51.4 billion, and spending under control. our work to preserve America’s leader- I would like to point out that that is As I said, this is $51.4 billion in dis- $661 million below the President’s re- ship role in space exploration. We want to make sure that we are cretionary funding that is in this ap- quest. Good work on behalf of our propriations bill. It is below the Presi- team. doing all that we can to accelerate our work in bringing American astronauts dent’s request. The committee is to be Now, I am one of those that thinks commended for that. more needs to be done, especially when back into space on an American-made rocket as quickly as possible. This Taking the step of a 1 percent cut, we look at the discretionary spending. you are talking about $540 million in There is more we should do. My amend- amendment would cut NASA. We have, in the bill, however, cut or budget authority and $340 million re- ment calls for a 1 percent across-the- eliminated dozens of programs that duction in outlays. It is a goal that we board spending reduction. That would their authorization has expired—or should set for ourselves. It is doable. It reduce the budget authority by $540 their usefulness has expired. We went is attainable. million and outlays by $340 million in in and dramatically cut programs that We should take a playbook and a les- Fiscal Year 2016. were not effective anymore, completely son from the States and the counties I am fully aware of the opposition and the communities that we represent that exists to across-the-board cuts by eliminated programs. We found all kinds of savings in this and make the effort to reduce the many of the appropriators, and I have bill, and I am sure that our priorities spending just a little bit more. many times stood on this floor and are ones that the good people of Ten- Madam Chairman, I yield back the heard how they think this is just a lit- nessee that Mrs. BLACKBURN represents balance of my time. tle bit of a cut too much. would share. I know her constituents Mr. CULBERSON. Madam Chairman, However, we are nearly $18.3 trillion share, as we do, a commitment to law may I inquire as to how much time I in debt. Indeed, Admiral Mullen, on enforcement, to scientific research, to have remaining? July 6, 2010, said the greatest threat to America’s space program; and they The Acting CHAIR (Ms. FOXX). The our Nation’s security is our Nation’s 1 would probably also agree with our gentleman from Texas has 2 ⁄4 minutes debt. cuts to the Department of Commerce, remaining. Getting our spending under control is our unavoidable cuts really to the Cen- Mr. CULBERSON. Madam Chair, I an important step for us to take. That sus. want to point out also that the amend- is why we need to move forward and do We did our best to protect the impor- ment before us would cut 1 percent what many of our States have done and tant work that our men and women in from eliminating the backlog of rape institute across-the-board cuts to save uniform who enforce the laws of the kits that are piling up in local police one penny out of a dollar. United States do. This amendment departments all over the country. We Engage the rank-and-file Federal em- would be a blunt cut across the board increased funding to eliminate that ployees. Have them bring to the table to all of these worthwhile programs, backlog of rape kits. their best ideas. Our children are de- and I urge the Members to oppose it. We increased funding to help forensic pending on us to do this in order to Mr. FATTAH. Will the gentleman labs at the local level. We increased maintain the fiscal sovereignty of our yield? funding to make sure that programs to Nation. Mr. CULBERSON. I yield 10 seconds prevent violence against women are Mr. Chairman, I reserve the balance to the gentleman from Pennsylvania. fully funded. This amendment would of my time. Mr. FATTAH. I wanted to say that I cut those funding increases for violence Mr. CULBERSON. Mr. Chairman, I concur completely with the chairman, against women. claim the time in opposition. and I am opposed to the amendment. b 2210 The Acting CHAIR. The gentleman Mrs. BLACKBURN. Madam Chair- from Texas is recognized for 5 minutes. man, I appreciate, as I said, the work It is not the annual appropriations Mr. CULBERSON. It is important for that the committee has done, but I bill that is the biggest part of the prob- the House to oppose this amendment think it is imperative that we realize lem. All of us need to recognize that we because, as in our personal lives or our the burden that we are placing on fu- have got to look at the entire Federal business lives, the Appropriations Com- ture generations. budget. mittee has prioritized the very pre- Quite frankly, I think it is rather The annual appropriations bill only cious and scarce, hard-earned taxpayer selfish of this body to force future gen- represents one-third of the problem. dollars that we are entrusted to appro- erations—our children and grand- The other two-thirds of the problem priate to make sure that they are spent children—to pay for the out-of-control are the automatic mandatory prob- on the most urgent priorities first. spending of today. lems: the looming bankruptcy of Medi- We do not want to cut, as Mrs. Have we done a good job? Yes. Could care, the looming bankruptcy of Social BLACKBURN would, the FBI. We do not we do a superlative? Absolutely, we Security and Medicaid, the incredible

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.082 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3729 burden that ObamaCare has placed on creasing the amount made available for Of- the incarceration of our young people. individual Americans—it threatens to fice of Justice Programs—Office of Juvenile Members from both parties have es- bankrupt the entire healthcare sys- Justice Delinquency and Prevention, by poused the importance of investing in tem—the national debt, and the inter- $69,515,000. our children. Conservative organiza- est on the national debt. Mr. CULBERSON. Madam Chairman, tions have been among the loudest ad- The American taxpayers are, indeed, I reserve a point of order against the vocates for reforming our criminal jus- taxed too much, but the biggest part of gentleman’s amendment. tice system—in particular, for our the spending problem is on these auto- The Acting CHAIR. A point of order youth—to move from an incarceration- matic programs that are consuming is reserved. based system to one that funds proven two-thirds of the Nation’s resources. Pursuant to House Resolution 287, research-based alternatives to putting In fact, if you pay off all those exist- the gentleman from Virginia and a behind bars America’s children. There ing—just paying for these existing pro- Member opposed each will control 5 is a bipartisan consensus on this, ladies grams, the mandatory programs, which minutes. and gentlemen. you have to think of as America’s The Chair recognizes the gentleman While this amendment will be with- mortgage and interest payments, once from Virginia. drawn, I hope we can work together to you pay Social Security, Medicare, Mr. SCOTT of Virginia. Madam fund these critical programs to give Medicaid, interest on the debt, vet- Chair, I yield myself 2 minutes. our children the opportunity to be pro- erans benefits, you are only left with Madam Chair, this amendment that I ductive members of our communities, $689 billion to run the entire Federal am offering today would repurpose just reduce crime, and save billions of tax Government, which is enough money to 1 percent of the funding for the Federal dollars going forward. run the government through July 27. prison system and restore funding for Mr. SCOTT of Virginia. I reserve the ‘‘National credit card day’’ is what I the Office of Juvenile Justice and De- balance of my time. call it. July 27 is the day when we run linquency Prevention. Mr. FATTAH. Madam Chair, I claim out of existing revenue, and we are liv- Madam Chair, the underlying bill the time in opposition. ing on borrowed money to be paid off zeros out both title II formula grants The Acting CHAIR. The gentleman by our kids. and title V discretionary grants for from Pennsylvania is recognized for 5 A far better way to deal with this prevention and early intervention pro- minutes. problem is to deal with the looming grams, which were funded last year at Mr. FATTAH. Madam Chair, I would bankruptcy of Medicare, Social Secu- approximately $70 million. To ensure like to thank the ranking member of rity, and to deal with the national debt that our State juvenile justice systems the Committee on Education and the and deficit, the two-thirds of the prob- are not irreparably damaged, this Workforce for raising this important lem out there, and not look at some 1 amendment would take just 1 percent issue. I assure him that it is my inten- percent cut on the one-third of the away from our Federal prison systems, tion that we will be working between budget that we have already prioritized approximately $70 million, to maintain here and the final bill to improve upon and cut everywhere we possibly can our commitment to prevention and this area in the bill. while protecting law enforcement. We early intervention. I thank the chairman for all of his are protecting our investment in the The prison system can take steps to work in this regard. sciences and space exploration. deal with this reduction by limiting I yield back the balance of my time. I urge the Members to reject this duplicate prosecutions or pursuing evi- Mr. SCOTT of Virginia. Madam amendment, and I would urge the gen- dence-based alternatives to incarcer- Chairman, I yield myself the balance of tlewoman from Tennessee (Mrs. BLACK- ation, particularly for first-time of- my time. BURN) to work with us throughout the fenders. These practices not only will I thank the gentleman for allowing year as we develop these appropria- save money, but will also improve pub- us to debate because I understand the tions bills and help us find cuts in pro- lic safety. point of order will be sustained. grams and prioritization of funding, We have a choice, Madam Chair. We There will be other opportunities rather than bringing the amendment to can invest in prisons after the fact, or during the legislative process, as the the floor at the last minute. we can invest in prevention and early ranking member of the subcommittee I urge Members to vote against this intervention before the fact and elimi- has indicated, to deal with this issue. amendment. nate what the Children’s Defense Fund The way the bill has been drafted, it I yield back the balance of my time. calls the Cradle to Prison Pipeline. was impossible to get an amendment in The Acting CHAIR. The question is Madam Chair, at this point, I yield 2 order, but there will be other possibili- on the amendment offered by the gen- minutes to the gentleman from Cali- ties later on in the process, and I would fornia (Mr. CA´ RDENAS). hope the chair and the ranking member tlewoman from Tennessee (Mrs. BLACK- ´ BURN). Mr. CARDENAS. Madam Chair, I ap- will work effectively to make sure that The question was taken; and the Act- preciate the opportunity to speak to we deal with the choice that we have, ing Chair announced that the noes ap- my colleague and friend Congressman whether we are going to just put peared to have it. SCOTT’s amendment and to encourage money away for young people to get in Mrs. BLACKBURN. Madam Chair, I this body to restore critical funding for trouble and then deal with it or we can demand a recorded vote. the Office of Juvenile Justice and De- deal with it in advance with prevention The Acting CHAIR. Pursuant to linquency Prevention. and early intervention. This is what clause 6 of rule XVIII, further pro- This existing appropriations bill this amendment would do. ceedings on the amendment offered by decimates funding for title II State for- Madam Chair, if the gentleman is the gentlewoman from Tennessee will mula grants and title V local delin- going to assert his point of order, I ask be postponed. quency prevention programs which are unanimous consent to withdraw the essential investments that are proven amendment and deal with the issue AMENDMENT OFFERED BY MR. SCOTT OF VIRGINIA to reduce crime. later on in the process. The Acting CHAIR. Is there objection Mr. SCOTT of Virginia. Madam This amendment would provide to the request of the gentleman from Chairman, I have an amendment at the $69,515,000, the equivalent of less than 1 Virginia? desk. percent of the Federal prison budget, There was no objection. The Acting CHAIR. The Clerk will re- which is a small investment when you port the amendment. consider the cost of incarcerating a AMENDMENT OFFERED BY MS. LEE The Clerk read as follows: youth is an average of $88,000 per year. Ms. LEE. Madam Chair, I have an That is hundreds of dollars a day to in- amendment at the desk. At the end of the bill (before the short carcerate a youth. Evidence-based al- title), insert the following: The Acting CHAIR. The Clerk will re- SEC. lll. The amounts otherwise pro- ternatives to incarceration for youth port the amendment. vided by this Act are revised by reducing the costs as little as $11 per day. The Clerk read as follows: amount made available for Federal Prison These proven juvenile crime preven- Add, at the end of title V of the bill, the Systems—Salaries and Expenses, and in- tion methods cost pennies compared to following:

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.194 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3730 CONGRESSIONAL RECORD — HOUSE June 2, 2015 SEC. 5ll. (a) For each fiscal year after the the point of order and plan to withdraw Police officer sensitivity training expiration of the period specified in sub- the amendment. and annual retraining demonstrate a section (b) in which a State receives funds Recent events in Ferguson, Staten Is- commitment to communities across for a program referred to in subsection (c)(2), land, Baltimore, and around the coun- this Nation. As Members of Congress, the State shall require that all individuals enrolled in an academy of a law enforcement try really illustrate the need for sig- it is a practice we must encourage. In agency of the State and all law enforcement nificant reform in police interaction in Ferguson, Staten Island, Cleveland, officers of the State fulfill a training session communities that they are sworn to North Charleston and Baltimore, the on sensitivity each fiscal year, including serve and protect. That is why this need for reform is as clear as it is ur- training on ethnic and racial bias, cultural amendment would require the States gent. diversity, and police interaction with the receiving funding from the Department Madam Chairman, I thank the gen- disabled, mentally ill, and new immigrants. of Justice’s Edward Byrne Memorial tlewoman from California. In the case of individuals attending an acad- Justice Assistance Program put acad- Ms. LEE. Madam Chairman, I yield 30 emy, such training session shall be for 8 seconds to the gentleman from Penn- hours, and in the case of all other law en- emy students and law enforcement offi- cers through sensitivity training on sylvania (Mr. FATTAH), our ranking forcement officers, the training session shall member. be for 4 hours. ethnic and racial bias, cultural diver- (b)(1) Each State shall have not more than sity, and police interaction with the Mr. FATTAH. I want to thank the 120 days, beginning on the date of enactment disabled, mentally ill, and new immi- gentlewoman for her steadfastness and of this Act, to comply with subsection (a), grants. her focus on this matter and pledge to except that— As you know, DOJ’s Byrne JAG her that I am going to work with the (A) the Attorney General may grant an ad- Grant Program is the primary provider chairman as we go forward to see that ditional 120 days to a State that is making we get this incorporated in the final good faith efforts to comply with such sub- of Federal criminal justice funding to State and local jurisdictions sup- product of our bill. section; and Mr. CULBERSON. Madam Chairman, porting a wide range of law enforce- (B) the Attorney General shall waive the I rise in opposition to the amendment. ment and court activities. Our law en- requirements of subsection (a) if compliance The Acting CHAIR. The gentleman with such subsection by a State would be un- forcement agencies and officers play a from Texas is recognized for 5 minutes. constitutional under the constitution of such critical role in protecting the safety of State. Mr. CULBERSON. I continue to re- our communities. We need them to serve the point of order pending the (2) For any fiscal year after the expiration work cooperatively and competently of the period specified in paragraph (1), a gentlewoman’s withdrawal of the State that fails to comply with subsection along with our community members if amendment. (a), shall, at the discretion of the Attorney we want to protect the public safety Madam Chairman, I want to reassure General, be subject to not more than a 20- and the integrity of our neighborhoods. my colleague that I will continue to percent reduction of the funds that would This is a major issue in many con- work with her and my ranking mem- otherwise be allocated for that fiscal year to gressional districts where many offi- ber, to work on this as we move the State under subpart 1 of part E of title I cers live outside of the communities through conference, as we discussed in of the Omnibus Crime Control and Safe they serve and do not have the training full committee. Streets Act of 1968 (42 U.S.C. 3750 et seq.), to deal with a diverse constituency. whether characterized as the Edward Byrne I appreciate the gentlewoman’s with- Memorial State and Local Law Enforcement Madam Chairman, I know that we all drawing the amendment, and I reserve Assistance Programs, the Local Government agree that the status quo is simply un- the balance of my time. Law Enforcement Block Grants Program, acceptable. Ms. LEE. Madam Chair, I want to the Edward Byrne Memorial Justice Assist- Madam Chairman, I yield 2 minutes thank our ranking member and our ance Grant Program, or otherwise. to the gentleman from Missouri (Mr. chairman for their commitment to (c) Amounts not allocated under a program CLAY), my colleague who has dem- continue to work on this very impor- referred to in subsection (b)(2) to a State for onstrated incredible leadership on this tant issue, along with Congressman failure to fully comply with subsection (a) issue and continues to work in a bipar- shall be reallocated under that program to CLAY. States that have not failed to comply with tisan fashion on this very common- Madam Chair, I ask unanimous con- such subsection. sense policy. sent to withdraw the amendment. Mr. CLAY. I thank the gentlewoman The Acting CHAIR. Is there objection Ms. LEE (during the reading). I ask for yielding. to the request of the gentlewoman unanimous consent that the amend- Madam Chair, I rise in strong support from California? ment be considered as read and printed of this amendment. FBI Director There was no objection. in the RECORD. James Comey’s February 12, 2015, AMENDMENT OFFERED BY MR. POE OF TEXAS The Acting CHAIR. Is there objection speech, entitled, ‘‘Hard Truths: Law Mr. POE of Texas. Madam Chair, I to the request of the gentlewoman Enforcement and Race,’’ addressed have an amendment at the desk. from California? what he characterized as a ‘‘disconnect The Acting CHAIR. The Clerk will re- There was no objection. between police and minority commu- port the amendment. The Acting CHAIR. Pursuant to The Clerk read as follows: House Resolution 287, the gentlewoman nities.’’ Director Comey challenged of- ficers to ‘‘acknowledge the widespread At the end of the bill (before the short from California and a Member opposed title), insert the following: each will control 5 minutes. existence of unconscious bias.’’ We ap- preciate his candor and acknowledg- SEC. ll. None of the funds made available The Chair recognizes the gentle- in this Act may be used to enforce section woman from California. ment of issues we have long felt. 221 of title 13, United States Code, with re- Experience in our communities indi- spect to the survey, conducted by the Sec- b 2220 cates negative police interaction, and retary of Commerce, commonly referred to Mr. CULBERSON. Madam Chairman, excessive force disproportionately af- as the ‘‘American Community Survey’’. I reserve a point of order on the gentle- fects communities of color, but there The Acting CHAIR. Pursuant to woman’s amendment. are other communities who would also House Resolution 287, the gentleman The Acting CHAIR. A point of order benefit from better law enforcement from Texas and a Member opposed each is reserved. relations. will control 5 minutes. Pursuant to House Resolution 287, As FBI Director, Mr. Comey requires The Chair recognizes the gentleman the gentlewoman from California and a all new agents and analysts to study from Texas. Member opposed each will control 5 the agency’s interaction with Dr. Mar- Mr. POE of Texas. Madam Chair, I minutes. tin Luther King, Jr., followed by a visit yield myself such time as I may con- The Chair recognizes the gentle- to the King Memorial. The FBI’s re- sume. woman from California. quired study serves as recognition that Madam Chair, we are all familiar Ms. LEE. Madam Chair, I want to in order to truly see each other as peo- with the Census that takes place every thank the Chair and our ranking mem- ple, we must recognize our short- 10 years where there is a counting of ber for your leadership on this sub- comings and create and identify oppor- the people in America. The Census Bu- committee for your interest and sup- tunities to understand, respect, and be reau also has another project, not con- port on this amendment. I recognize decent to one another. stitutionally required, but something

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.083 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3731 that they do called the American Com- It is impossible for me to conceive questions of the Census. They don’t munity Survey, which is a partial sam- that we want to run the greatest coun- have to send this long intrusive and de- pling of about 3 million Americans a try on the face of the Earth without tailed and very invasive survey out to year. data, without information, without every American and subject Americans A survey is sent out, and I will read knowledge of what the circumstances to the threat of a $10,000 fine if they from this 28-page survey. It is 48 ques- of the citizens of the country are—how don’t comply. tions long, and the questions have many daycare slots, where to locate I support the gentleman’s amend- nothing to do with how many people VA hospitals, all of the other informa- ment as a further reflection of our live in your house. Some of the ques- tion that is generated through this commitment on this subcommittee and tions are like this: community survey. in this Congress to protect America’s When do you leave for work? Now, I note that there is talk about right to privacy and to be left alone by When does your spouse leave for a fine, but we haven’t been able to their government, as Mr. Mason and work? identify anybody who has ever been Mr. Jefferson intended. When do your kids leave for school? fined. We do know that our neighbors I urge Members to support Mr. POE’s Does anyone suffer from a mental ill- to the north, when the Canadians amendment. And remember, if the gov- ness in the residence? moved to a voluntary system in their ernment needs this data, they can just Does your house have a sink with a rural areas, they stopped getting al- put it in the basic Census itself. faucet? most any compliance. Mr. FATTAH. Madam Chair, how Does anyone have trouble walking? If the Federal Government is going much time is remaining between the Does anyone have trouble getting to plan in terms of Federal highways, gentleman who is the proponent and dressed or bathed? in terms of Federal programming, and myself? So there are 48 question like this, a whole range of items that flow The Acting CHAIR. The gentleman and failure to abide by and fill out this through formal grants, not through from Pennsylvania has 21⁄2 minutes re- document and send it back to the Cen- earmarks, but by knowledge of what is maining. The gentleman from Texas sus Bureau could result in a fine. Now, people in my district have happening in communities, these sur- has 1 minute remaining. Mr. FATTAH. And I assume he has called my office from all over the coun- veys are critical. The idea that we would say we are the right to close? try about getting this thing in the mail going to run this great country, we The Acting CHAIR. Yes, he does. and the harassment by the Census Bu- don’t want any information, we are Mr. FATTAH. Madam Chair, let me reau and subcontractors, including the going to put on blindfolds and just kind remind the House that we had another fact that I have a single parent in my of hope for the best when we are mak- Texan—he was the President of the district that called and was com- ing public policy about education and United States—and it was under his ad- plaining about the fact that the Census housing and transportation needs or ministration that the questions that Bureau person would sit in the front of health care needs, it doesn’t make a lot were put together in the community her house waiting for her to come of sense. It may have some popularity survey were developed under that ad- home from work and then go to the politically, but as a notion for actual ministration. door and peak through the windows intentional leadership for our Nation, The Acting CHAIR. The gentleman trying to get her to fill out this page, to say that we want to separate our- will suspend. or these 28 pages and send them back selves from actual information about The gentleman from Pennsylvania to the Census Bureau. So harassment what is going on in these communities, does have the right to close. takes place. And some people are I think that the gentleman, as right as Mr. FATTAH. Madam Chair, well, threatened with a fine that is imposed he was in the original amendment that then at this point, I reserve the bal- for failure to abide by the survey. I supported him on, in this particular ance of my time. Now, what this amendment does, it Mr. POE of Texas. Madam Chair, I does not eliminate the American Com- matter I think he is headed in the wrong direction. thank the gentleman for bringing up munity Survey. The ranking member the American Community Survey and and I had a discussion, I guess, about 5 I would ask my colleagues—Demo- crats and Republicans—put the party where it came from. That is irrelevant. hours ago on the House floor about The issue is Americans should not be whether it is a good idea or not. It aside, put the national interest first, and know for certainty that no person required to give personal information doesn’t even stop the survey from to the Federal Government. If they being conducted. would ever—you are always talking about running the government like a want to fill out this form, go for it. b 2230 business—no one would run a business Make it voluntary. Fill it out and send All it does is prohibit the Federal without utilizing data to understand the Federal Government all the infor- Government from imposing a penalty the marketplace. mation you can come up with about for failure to fill out the survey. That At this point, I reserve the balance of what takes place in your residence. But results in the fact that people then can my time. it should not be required. voluntarily fill out this form and send Mr. POE of Texas. Madam Chair, may The Federal Government could get it back if they want to. If they don’t I inquire as to how much time I have this information some other way. They want to voluntarily have their privacy remaining? could go to polling. The idea that they invaded by the government, then they The Acting CHAIR. The gentleman have got to go door to door to get this don’t have to fill it back out and don’t from Texas has 2 minutes remaining. information when information is gath- have to worry about a fine. Mr. POE of Texas. Madam Chair, I ered all over the country by different That is what this amendment does: yield 1 minute to the gentleman from businesses not going door to door—the prohibits funding to allow the fine to Texas (Mr. CULBERSON), chairman of government can do it other ways and be collected, thus making the survey the committee. not violate the right of privacy. voluntary. Mr. CULBERSON. Madam Chair, I I would ask that this amendment be With that, I reserve the balance of thank the gentleman. adopted that basically requires the my time. I want to express my strong support American Community Survey to be Mr. FATTAH. Madam Chair, I claim for my neighbor and good friend Judge voluntary, and that the fine that is al- the time in opposition to the amend- POE’s amendment because, again, our lowed by law not be allowed or not be ment. most important right as Americans is collected under this amendment. The Acting CHAIR. The gentleman to be left alone. I yield back the balance of my time. from Pennsylvania is recognized for 5 In fact, the data, and I agree with my Mr. FATTAH. Madam Chair, let me minutes. ranking member that this data is im- close by just saying that I just want to Mr. FATTAH. Madam Chair, I sup- portant, but it can be included as a make sure that, because there is some ported the gentleman’s last amend- part of the Census itself. Any really es- antipathy about, sometimes, anything ment. I strongly oppose this amend- sential questions the Department of that may emanate from this adminis- ment. Commerce can include within the core tration, I just want to make it clear

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.201 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3732 CONGRESSIONAL RECORD — HOUSE June 2, 2015 that this was not some Democratic gram to Stimulate Competitive Re- example of ineffective, wasteful redis- scheme here to gather up people’s pri- search, commonly referred to as tribution programs that the taxpayers vate information; that this is actually EPSCoR. are compelled to financially support. a legitimate activity of the Federal b 2240 The Foster-Garrett amendment would Government. It is one joined in by the relieve the taxpayers of this burden. EPSCoR was started as an experi- Chamber of Commerce and other busi- Again, I thank Mr. FOSTER for his ness organizations who tell us that this mental program in 1978 with the goal of work in protecting the payer States, is vitally important. redistributing Federal research dollars and I urge my colleagues to support I think just from a commonsense into States that traditionally received this amendment. basis, we actually know as politicians, less than their ‘‘fair share’’ of NSF Mr. FOSTER. I thank my colleague because when we are engaged in activi- funding. from New Jersey. However, because ‘‘fair share’’ was ties that are important, we try to get a Madam Chair, I urge my colleagues determined on a per State basis, rather lot of information. So we know it is to support this bipartisan amendment. than on a per capita basis, it has de- important. It is actually important for I yield back the balance of my time. volved into just another program that making sure that Federal programs are Mr. CULBERSON. Madam Chair, I steers money into smaller States that focused on the priorities of your com- rise in opposition to the gentleman’s already get far more than their fair munity. And if we don’t have the amendment. share of Federal spending. The Acting CHAIR. The gentleman knowledge of how many people need Since no allowance is made for daycare slots or how many veterans from Texas is recognized for 5 minutes. whether the State has a big or a small Mr. CULBERSON. Madam Chair, this there are or what the other cir- population, the EPSCoR program sys- cumstances are in a particular commu- program is designed to ensure that aca- tematically discriminates against re- demic institutions and industry can de- nity, it is impossible to do the planning searchers simply because they come that is necessary. velop science and engineering capabili- from States with large populations. ties that are outside of traditional re- I would ask that we reject this The EPSCoR States are hardly lacking amendment and that we continue to search hubs. for Federal largesse. The partnerships support areas of use data as a basis to make informed According to the Tax Foundation, in strategic importance in such dis- decisions here at the national level. a typical year, the EPSCoR States re- ciplines as aerospace and aerospace-re- I yield back the balance of my time. ceived approximately $60 billion more lated research. I do urge a ‘‘no’’ vote on The Acting CHAIR. The question is in Federal spending than they paid in the gentleman’s amendment. on the amendment offered by the gen- Federal taxes. I now yield to the gentleman from tleman from Texas (Mr. POE). How does one justify a program that Rhode Island (Mr. CICILLINE). The amendment was agreed to. excludes researchers in States like Mr. CICILLINE. I thank the gen- AMENDMENT OFFERED BY MR. FOSTER Florida or Texas, which over the past 3 tleman for yielding. Mr. FOSTER. Madam Chair, I have years got only an average of about $7 Madam Chair, I rise in opposition to an amendment at the desk, offered per capita in NSF funding while steer- this amendment which would eliminate jointly with the gentleman from New ing money into States like Rhode Is- the EPSCoR program. Jersey (Mr. GARRETT), my colleague. land, Alaska, and New Hampshire, For more than 60 years, the National The Acting CHAIR. The Clerk will re- which already got 5 times more? port the amendment. Why should a researcher at Brown Science Foundation has provided aca- The Clerk read as follows: University in Rhode Island be eligible demic research funding to colleges and universities around the Nation, and it At the end of the bill (before the short for a grant set-aside that is unavailable title), insert the following: to researchers at SMU, FSU, UCLA, has been critical to ongoing research SEC. 543. None of the funds made available Rutgers, or Northern Illinois? that is essential to maintaining our by this Act may be used to fund any Experi- As a scientist, I find that it is not competitive edge in scientific advance- mental Program to Stimulate Competitive surprising that it is very difficult to ment. Research (EPSCoR) program. find supporters for EPSCoR in the sci- The NSF’s Experimental Program to The Acting CHAIR. Pursuant to entific community. Precious research Stimulate Competitive Research, com- House Resolution 287, the gentleman funding would be far better spent in a monly known as EPSCoR, is an author- from Illinois and a Member opposed competitive, merit-based process as it ized program whose mission is to help each will control 5 minutes. will be if our amendment is adopted. balance the allocation of NSF and The Chair recognizes the gentleman Madam Chair, I yield 1 minute to the other Federal research and develop- from Illinois. gentleman from New Jersey (Mr. GAR- ment funding to avoid the undue con- Mr. FOSTER. Madam Chair, every RETT), the cosponsor of my amend- centration of money to only a few year, hundreds of billions of dollars is ment. States. transferred out of States that pay far Mr. GARRETT. I thank the gen- This successful program has had a more in Federal taxes than they re- tleman from Illinois (Mr. FOSTER) for profound impact on my home State of ceive back in Federal spending—the so- his work on this issue. I am honored to Rhode Island, allowing nine of our aca- called ‘‘payer States.’’ And this money serve alongside him on the Payer State demic institutions to increase research is transferred into States that receive Caucus as well. capacity, to enrich the experience of a lot more Federal spending than they Madam Chair, this program is yet an- their students, and to contribute to ad- pay in taxes—the ‘‘taker States.’’ This other example of good intentions and vances in a variety of fields. is an enormous and economically un- bad policy. What was intended to be a Currently, 25 States, including Rhode justifiable redistribution of wealth be- temporary assistance to a select group Island, and 3 jurisdictions account for tween the States. of States to build a research infrastruc- only about 10 percent of all NSF fund- The payer States can be character- ture and then exit the program has be- ing, despite the fact that these States ized in a number of ways, but most of come a permanent and growing pot of account for 20 percent of the U.S. popu- the payer States are large population taxpayer subsidies. This, of course, is lation. EPSCoR has helped to stabilize States, while virtually all of the taker in addition to the permanent and grow- this imbalance in funding and should States are smaller, which means that ing pot of subsidies the government has continue to do so in the 2016 fiscal year they are overrepresented in the Senate. already enacted for the States. and beyond. Over time, Senators from these For three decades, 30 years after es- In order to ensure robust academic States have inserted hundreds of pro- tablishment, this program continues to research and outcomes across the coun- grams that systematically steer money be called—what?—an experimental pro- try, geographic diversity in funding into the taker States. Our amendment gram, and no State—none—has grad- should be considered to ensure that we takes a first small step to begin rolling uated from the program; yet it exists are taking advantage of the particular back these taker State preferences by 30 years later. experiences, knowledge, and perspec- eliminating one of the most unjustifi- This can only demonstrate one thing, tives of academics and institutions able of them all: the Experimental Pro- Madam Chair, that this is yet another from every State. This amendment to

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.202 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3733 eliminate this successful program activist groups which stood to gain I just think we ought to be careful. It would be a step backward for the from mandatory donation provisions would probably be better that there be United States’ commitment to re- were involved in placing those provi- hearings and that there be an under- search and development. sions in the settlements. standing around what this actually Investments in critical programs, The committees raised concerns with means. I have offered my own bipar- such as EPSCoR, are essential to cre- the Department of Justice in 2014, but tisan-supported legislation that would ating jobs, innovating for the future, instead of suspending the practice, the create a congressional framework for maintaining our competitive edge in Department of Justice has doubled settlements. I am not opposed to the scientific research and a global econ- down. It recently entered into an over thrust of what is being said here. omy. $50 million settlement relating to robo- I do recognize that there have been I urge my colleagues to join me in signing; $7.5 million of that did not circumstances in past administrations. strongly opposing this amendment. make it to victims. I am not aware of the instances that Mr. CULBERSON. Madam Chair, I b 2250 the chairman speaks of now, but I would ask Members to vote ‘‘no.’’ would just hope that rather than rush- I yield back the balance of my time. Instead, it went to a third party. In- ing forward, we would be mindful that The Acting CHAIR. The question is credibly, the settlement specifically this is probably the kind of thing that on the amendment offered by the gen- provided that there would be no over- we really would want authorizers to tleman from Illinois (Mr. FOSTER). sight of the money. handle and not have it tucked into an The question was taken; and the Act- The situation is even more egregious appropriations bill at this time. Plus, if ing Chair announced that the noes ap- when one considers that the required you really think that the executive peared to have it. donation will nearly double the net as- branch is using their authority, the Mr. FOSTER. Madam Chair, I de- sets of the DOJ-specified recipient. It is idea that they would then sign it away mand a recorded vote. deeply troubling for that to happen at by signing our appropriations bill, if it The Acting CHAIR. Pursuant to the unilateral discretion of the execu- is so meaningful to them, it might slow clause 6 of rule XVIII, further pro- tive branch. down the passage of our very impor- ceedings on the amendment offered by This amendment takes no money tant piece of legislation. the gentleman from Illinois will be away from any organization. It is pure- Mr. GOODLATTE. Will the gen- postponed. ly prospective. It ensures that settle- tleman yield? ment money goes either directly to AMENDMENT OFFERED BY MR. GOODLATTE Mr. FATTAH. I yield to the gen- victims or to the Treasury for elected Mr. GOODLATTE. Madam Chairman, tleman from Virginia. representatives to decide how it is to I have an amendment at the desk. Mr. GOODLATTE. Madam Chair, I be spent. The Acting CHAIR. The Clerk will re- thank the gentleman for his concern It is critical that we act. The Depart- port the amendment. about this. I want to assure the gen- ment of Justice is ignoring Congress’ The Clerk read as follows: tleman that the language in this is de- concerns, increasing the use of third- signed to make it clear that it applies At the end of the bill (before the short party payments, even as we object. The title), insert the following: to donations and not to anybody who is purpose of enforcement actions is pun- a victim of a lawsuit where redress is SEC. ll. None of the funds made available ishment and redress to actual victims. in this Act may be used to pay the salaries sought for them because the compensa- and expenses of personnel of the Department Carrying that concept to communities tion for them is not a donation. That is of Justice to negotiate or conclude a settle- at large or activist community groups, actual recompense for the harm that ment with the Federal Government that in- however worthy, is a matter for the they suffered. cludes terms requiring the defendant to do- legislative branch and is not to be con- Mr. FATTAH. Madam Chair, I know nate or contribute funds to an organization ducted at the unilateral discretion of the chairman is quite aware of how or individual. the executive. these words, ‘‘donation,’’ ‘‘mandatory,’’ The Acting CHAIR. Pursuant to This is fundamentally a bipartisan ‘‘settlement,’’ so forth and so on, House Resolution 287, the gentleman institutional issue. There was abuse of might be applied and abused in various from Virginia and a Member opposed third-party payments in the Bush ad- ways. each will control 5 minutes. ministration. This amendment is about Again, obviously, if this is something The Chair recognizes the gentleman preserving Congress’ appropriations au- the majority wants to do, they will do from Virginia. thority. I urge my colleagues to sup- it. I just think that it may have unin- Mr. GOODLATTE. Madam Chair, I port this amendment. tended consequences; and this adminis- yield myself such time as I may con- I reserve the balance of my time. tration, the next administration, and sume. Mr. FATTAH. I claim the time in op- various administrations going forward, My amendment prevents the Depart- position to the amendment. there should be a congressional frame- ment of Justice from requiring manda- The Acting CHAIR. The Chair recog- work for settlements. I have offered tory donations as part of settlement nizes the gentleman from Pennsylvania legislation that is bipartisan in that agreements. The Department of Justice for 5 minutes. regard. I am not opposed to creating a is systematically subverting Congress’ Mr. FATTAH. Madam Chair, I am not congressional framework. I just think budget authority by using settlements planning on strongly objecting to this, that we don’t want to have unintended to funnel money to third-party groups. but I want to make a few points. One is consequences here if we can avoid it. An investigation by the House Judi- that this is something that should be I yield back the balance of my time. ciary and Financial Services Commit- dealt with in an authorizing cir- Mr. GOODLATTE. Madam Chair, how tees reveals that, in just the last 10 cumstance, but I think because it is on much time do I have remaining? months, the Department of Justice has an appropriations bill, it could have The Acting CHAIR. The gentleman used mandatory donations to direct as unintended consequences. from Virginia has 2 minutes remaining. much as half a billion dollars to activ- As I understand the plain English of Mr. GOODLATTE. I yield such time ist groups. what is being said, an administration as he may consume to the gentleman These payments occur entirely out- faced with, for instance, the Gulf oil from Texas (Mr. CULBERSON), the chair- side of the congressional appropria- spill could not have been involved in a man of the subcommittee. tions and oversight process. In some settlement in which various entities Mr. CULBERSON. Madam Chair, I cases, the Department of Justice is received dollars to try to find redress want to express my strong support for using mandatory donations to restore for harm that was created in the Gulf. Chairman GOODLATTE’s amendment. funding that Congress specifically cut. I think that that would be very prob- The words he has chosen have been This is money that could otherwise be lematic because there were a lot of chosen very carefully. A donation or going directly to victims. groups—fishermen, other associations, contribution is just that. It is a gift. It The Department of Justice continues chambers of commerce, others—who re- is a donation. If the money is paid in to resist document requests, but what ceived support through that settle- compensation for an injury as a result little has been provided confirms that ment. of a claim, it is not covered. So the

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.205 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3734 CONGRESSIONAL RECORD — HOUSE June 2, 2015 chairman of the Committee on the Ju- year. I mentioned that chain of cau- Mr. CULBERSON. Madam Chairman, diciary has written this very carefully sality. We are finding that people in I claim the time in opposition. and very narrowly to address a very this sequence often use heroin as a sub- The Acting CHAIR. The gentleman real problem. I strongly support the stitute when the pills get too expensive from Texas is recognized for 5 minutes. gentleman’s amendment and have or the high is no longer high enough. It Mr. CULBERSON. I yield to the gen- worked with him and his staff on it. is easy to switch to heroin. tleman from Virginia (Mr. GOODLATTE), I really, genuinely appreciate the It is not just a problem in Oregon. We the chairman of the Judiciary Com- good work that your staff has done, Mr. have seen the CDC chart heroin deaths mittee. Chairman, in working with you to find doubling between 2010 and 2012 in 28 Mr. GOODLATTE. I thank the chair- common ground. States. man of the committee for yielding, and This is one of those areas that I be- Opioid addiction can be devastating, I rise to join him in opposition to this lieve we are doing good public policy. I but there is a drug that can be used to amendment. strongly support the gentleman’s safely and effectively treat this addic- Madam Chair, this amendment would amendment and urge its adoption. tion. For more than 12 years, undermine diversion control and there- Mr. GOODLATTE. Madam Chair, I buprenorphine has been a critical by potentially increase drug abuse by yield myself the balance of my time weapon in our fight against opioid ad- creating a significant loophole in the just to say this is an important prin- diction. It can be taken on an out- system of controls established by the ciple, not only to address the abuse patient basis. It is easy to administer. Controlled Substances Act. The amendment would cause this that has taken place in the executive But we have seen artificial barriers highly problematic result by effec- branch, but to protect the prerogatives to treatment. In fact, we have made it tively exempting DEA registrants who of the Congress on both sides of the harder for doctors to prescribe these dispense drugs for addiction treatment aisle. schedule III addiction treatment drugs from being subject to administrative These are funds that, if they are not even though it is comparatively easy oversight under the CSA. At present, expended for the specific purpose of to prescribe the schedule II drugs that buprenorphine is the only schedule III– providing compensation to victims, re- cause addiction in the first place, such V controlled substance contained in a lief to victims in these lawsuits, those as Vicodin and OxyContin. And the drug that has been approved by the funds should go back to the General schedule III drugs, we are finding that FDA for drug addiction treatment. Treasury of the United States, and there are audits that are taking place by DEA. While it is also true that the amend- they should be appropriated by the ment would not preclude DOJ/DEA Congress—in fact, by this very sub- b 2300 from obtaining a criminal search war- committee of the House Committee on Doctors who complete the 8-hour cer- rant to obtain the foregoing types of Appropriations—to make sure that the tification process have been ap- records, this does not come close to people’s will is exercised with regard to proached by DEA agents in my commu- being an adequate substitute for the the expenditure of these funds. nity before they even write a single administrative inspection authority. I urge my colleagues to support this prescription. They report hostile and Obtaining a criminal search warrant amendment. intimidating behavior from agents who must be predicated on evidence suffi- I yield back the balance of my time. demand inspections of their prescrip- cient to establish probable cause that The Acting CHAIR. The question is tion records at random, unscheduled the registrant has committed a crimi- on the amendment offered by the gen- intervals. As I say, these are doctors nal violation of the Controlled Sub- tleman from Virginia (Mr. GOODLATTE). who can simply write a prescription for stances Act. The amendment was agreed to. powerful narcotics without having to The very point of the administrative AMENDMENT OFFERED BY MR. BLUMENAUER worry about random DEA inspections. inspection authority that Congress Mr. BLUMENAUER. I have an We need to allow doctors to treat provided under the CSA 45 years ago amendment at the desk. their patients with compassion and was to have a robust system of admin- The Acting CHAIR. The Clerk will re- with the care they deem appropriate. istrative oversight that would help to port the amendment. They shouldn’t have to worry about prevent regulatory violations before The Clerk read as follows: DEA agents having a super overlay of they occurred, and even more so, before At the end of the bill (before the short attention. criminal violations occurred. This is title) insert the following: We need to encourage opportunities because Congress recognized that con- SEC. ll. None of the funds made available to make sure that doctors can treat pa- trolled substances, when abused, can by this Act may be used for any inspection tients and be able to withdraw them under section 510 of the Controlled Sub- have dangerous and sometimes deadly stances Act (21 U.S.C. 880) with respect to from the symptoms. And I would re- consequences, and thus that the wide- narcotic drugs in schedule III, IV, or V of spectfully suggest that the DEA should spread problem of drug abuse in the section 202 of such Act (21 U.S.C. 812), or focus their efforts on chasing crimi- United States cannot be solved exclu- combinations of such drugs, being dispensed nals, the pill mills, and the drug deal- sively through criminal provisions of pursuant to section 303(g)(2) of such Act (21 ers, not doctors who have worked hard the Controlled Substances Act. U.S.C. 823(g)(2)) for maintenance or detoxi- to be part of the solution. It also bears mentioning that this fication treatment. This amendment solves the problem drug is highly subject to diversion, as The Acting CHAIR. Pursuant to by ensuring no funds are available to it is a narcotic drug that is much House Resolution 287, the gentleman DEA to enforce inspections of the phy- sought after by many persons who are from Oregon and a Member opposed sicians who prescribe buprenorphine addicted to opiates and/or who seek to each will control 5 minutes. and allow them to proceed with the abuse opiates for nonmedical purposes. The Chair recognizes the gentleman treatment of patients without fear of Indeed, the heightened risk of diver- from Oregon. getting into trouble with the Federal sion associated with dispensing of this Mr. BLUMENAUER. Madam Chair, Government while helping hundreds of drug to a drug-addicted patient popu- that is a rather imposing title to deal at-risk patients who want to beat their lation actually warrants greater scru- with a relatively simple concept. addiction in a healthy, effective way. tiny, not less scrutiny, than with many We have a national epidemic dealing The irony is the powerful addictive other categories of prescribed con- with opioid painkillers. Prescription drugs don’t have as much interference trolled substances. drug overdoses are a serious problem. and oversight. The opportunity to have So I urge my colleagues to vote We find people who become addicted. drugs at schedule III—not schedule II— against this amendment. We are finding that, in a routine mat- that can be used to treat it is much Mr. CULBERSON. I join the chair- ter of course, this drug dependence more difficult and intrusive for med- man in urging my colleagues to oppose often leads to heroin, and we are ical professionals. That is not right. this amendment on many grounds. It is watching a chain of events. I would respectfully suggest that we a technical issue that should be dealt In Oregon, we found that 15 percent adopt this amendment to correct the with by the authorizing committees. of young Oregonians between 18 and 25 situation, and I reserve the balance of This is not an appropriate place to han- abused prescription pain relievers last my time. dle it.

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.208 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3735 I yield to the gentleman from Lou- dens on firearm owners and law en- hunters, that suppressors make for a isiana (Mr. FLEMING), who has personal forcement officers. more accurate weapon, less damage on experience and knowledge in this area The Second Amendment’s intent is the shooter, less damage on the people as a physician, and who can speak to clear: firearm ownership ‘‘shall not be and animals around the shooter, a bet- this in opposition as well. infringed.’’ However, the ATF has pro- ter ability to be safe with your fellow Mr. FLEMING. I thank my good posed a rule requiring an additional hunters. friend for yielding. layer of approval from local law en- Mr. FATTAH. Thank you, Judge. Madam Chairman, years ago, one of forcement officers to purchase suppres- Reclaiming my time, I rise in opposi- the positions I served was as a director sors and other firearms regulated by tion to this. It is clear, given the ma- for drug addiction and alcoholism, and the National Firearms Act. This rule jority that we have, that we won’t be one of my duties was as a methadone broadly expands existing requirements on a successful vote count on this. doctor. and further burdens local law enforce- I do want to make the point, right, This drug is really a new form of ment officers who are already over- that the Second Amendment, as it was methadone. It can be applied and can worked and understaffed. ruled on by the Supreme Court, says be employed in the treatment of heroin The ATF knows full well that there that there can be reasonable regula- addiction. But at the end of the day, it are cities and jurisdictions that refuse tion, and so that is our job. That is too is highly addictive. It is a sched- to give approval for political reasons. where we come into this picture at. We uled drug, and it is abused. So it de- are supposed to be the reasonable regu- b 2310 serves the same kind of safeguards and lators. We are supposed to decide where protections and oversight as any other Action films are fun to watch, but and when and under what cir- addictive drug. they are wrong about suppressors. Sup- cumstances there should be some speed And so if my friends really want to pressors dampen the sound of a fire- bump. see this used as an effective tool and arm, but do not make guns silent. They The question here is, for these types not itself become a dangerous drug out simply are a form of hearing protection of circumstances, where someone is on the open market being diverted and for the shooter, for other human going to have a weapon in which dis- perhaps even sold on the black market, beings, and for any hunting dogs that cerning that it has been fired, you are I suggest that we oppose this amend- are around. going to be less able to do it, whether ment and let’s continue the good, Suppressors increase safety while that is something where someone strong oversight that we have under shooting, allow people to easily hear should have to have a small speed the CSA. and react to range safety instructions bump on the way to getting it. Mr. BLUMENAUER. I would strongly and to other sportsmen. Now, it doesn’t seem like there is a urge my colleagues to talk to treat- My amendment ensures Americans’ major hurdle here because we have ment professionals in their commu- rights are protected and does not elimi- jumped from 4,600 of these in 2006 to nities. My concern is that we don’t nate background checks. It will protect 90,000 in 2014. have as much vigorous oversight for suppressor suppliers; manufacturers; I don’t know, unless we are going to things that are much more highly ad- tens of millions of dollars in annual just have a universal access to them, dictive—we see them more abused—and revenue; thousands of jobs nationwide; there doesn’t seem to be a major im- that this extra overlay for something and, more importantly, the Second pediment. that is less dangerous and can in fact Amendment rights of a law-abiding Mr. CARTER of Texas. Will the gen- be useful for treatment, I think, is an gunowner. tleman yield? Mr. FATTAH. I yield to the gen- area that deserves oversight. I urge support for this commonsense I respect my friends in terms of their provision, and I reserve the balance of tleman. Mr. CARTER of Texas. Because an opinions, but I would urge them to my time. application was made doesn’t nec- have the conversations I have had with Mr. FATTAH. Madam Chairman, I essarily mean that the law enforce- the people who are getting wrapped rise in opposition to the amendment. ment people dealt with it and approved around the axle with the DEA. The Acting CHAIR. The gentleman that application. Now, if you are tell- I yield back the balance of my time. from Pennsylvania is recognized for 5 Mr. CULBERSON. Madam Chair, minutes. ing me these are 90,000 approved appli- with that, I would urge all Members to Mr. FATTAH. If the gentleman from cations, I understand your argument. One of the issues seems to be finding oppose the amendment, and I yield Texas would join me in a quick col- a law enforcement agency in the mod- back the balance of my time. loquy. The Acting CHAIR. The question is Mr. CARTER of Texas. I would be ern society we live in that actually has on the amendment offered by the gen- happy to. some knowledge of the individual that Mr. FATTAH. This is the amendment is making the request and is willing to tleman from Oregon (Mr. BLU- relative to trust and gun trust and process it. MENAUER). Mr. FATTAH. Judge, I will just say The amendment was rejected. whether there needs to be a back- ground check or not? this then, reclaiming my time, that ev- AMENDMENT OFFERED BY MR. CARTER OF TEXAS Mr. CARTER of Texas. Will the gen- erybody, even those who are not in- Mr. CARTER of Texas. I have an tleman yield? volved in law enforcement, understands amendment at the desk. Mr. FATTAH. I yield to the gen- the challenge of having a firearm in The Acting CHAIR. The Clerk will re- tleman. which the sound is suppressed. port the amendment. Mr. CARTER of Texas. This is the We just had an incident in one of our The Clerk read as follows: amendment that requires an additional Capitol buildings where someone tried At the end of the bill, before the short approval by a law enforcement officers to bring a weapon in. We know that title, insert the following: None of the funds made available by this for purchases of certain either weapons weapons are dangerous. That is why Act may be used to propose or to issue a rule or suppressors. you can’t bring them into the U.S. Cap- that would change the Chief Law Enforce- Mr. FATTAH. Right. Now, in this in- itol. ment Officer certificate requirement in a stance, in 2006, our information is that Making them more accessible in the manner that has the same substance as the there were 4,600 of these applications, communities and among the people proposed rule published on September 9, 2013 and then that grew to 40,000 in 2012 and that we represent, if we think that is a (786 Fed. Reg. 55014). then 72,000 in 2013 and 90,000 in 2014. great thing to do, the majority will The Acting CHAIR. Pursuant to Are those numbers relatively accu- have its way on this. I stand in opposi- House Resolution 287, the gentleman rate, as best as you know? tion to it. from Texas and a Member opposed each Mr. CARTER of Texas. If the gen- I yield back the balance of my time. will control 5 minutes. tleman will yield, those numbers could Mr. CARTER of Texas. Madam Chair, The Chair recognizes the gentleman be accurate. I cannot contest those I only claim time to say that I serve on from Texas. numbers. this subcommittee with both these Mr. CARTER of Texas. I rise with an However, it has been made absolutely honorable gentlemen. I want to com- amendment to limit unnecessary bur- clear, both by target shooters and by mend them for a great bill.

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.211 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3736 CONGRESSIONAL RECORD — HOUSE June 2, 2015 The chairman has asked for time. I to raise it for the war effort. They even Mr. FLEMING. Madam Chair, the yield such time as he may consume to produced a slick promotional film ti- cultivation of cannabis for industrial the gentleman from Texas. tled ‘‘Hemp for Victory.’’ Now, at least purposes is governed by the Controlled Mr. CULBERSON. I do want to ex- 23 States have passed laws to allow Substances Act and permitted pursu- press my strong support for the gentle- farmers to grow it, too. ant to the registration requirements man’s amendment. It is an appropriate Unfortunately, the Federal Govern- found in title 21, United States Code. and necessary additional protection for ment stands in the way of family farm- Let’s face it, hemp is very closely re- Americans’ Second Amendment rights. ers who want to grow hemp. The sense- lated to cannabis. And DEA agents tell Judge CARTER is exactly right. This less classification of hemp as a sched- us that it is very difficult to detect, de- is the right place for the bill. This is ule I drug contributes nothing to pub- termine, and distinguish between hemp the right place for this amendment. He lic safety; instead, it robs our farm and marijuana, so it only makes their has drafted it very narrowly and very economies of a potentially multibil- job more difficult. However, the Agri- carefully, and I urge Members to join lion-dollar crop that is used to make cultural Act of 2014—and Mr. MASSIE us in supporting this very important everything from rope to soap. just referred to this, I believe—permits Second Amendment amendment before The amendment would simply allow institutions of higher learning and the House. farmers to grow hemp in accordance State departments of agriculture to Mr. CARTER of Texas. To finish, I with their own State’s laws. The grow or cultivate industrial hemp as am honored to serve on this sub- amendment does not eliminate regula- defined in the statute for purposes of committee with these two fine gentle- tion in hemp cultivation; it simply di- research conducted under an agricul- men. They have made a great work vests the Department of Justice and tural pilot program or other agricul- product here, and I am very glad that the DEA of their ability to treat hemp tural or academic research. we were able to all work together. like marijuana because hemp is not In short, we are studying it, we are I yield back the balance of my time. marijuana. analyzing it, and we are evaluating it, The Acting CHAIR. The question is So far, 23 States have passed laws to but we don’t have the results yet of on the amendment offered by the gen- allow farmers to grow hemp. Right those studies. I think it would be pre- tleman from Texas (Mr. CARTER). now, farmers in California, Colorado, mature, especially considering the The amendment was agreed to. Delaware, Hawaii, Illinois, Indiana, problem with the rapid expansion of AMENDMENT NO. 9 OFFERED BY MS. BONAMICI Kentucky Maine, Maryland, Michigan, the marijuana industry and the prob- Ms. BONAMICI. Madam Chair, I have Missouri, Montana, Nebraska, New lems which I will speak about later an amendment at the desk. York, North Dakota, Oregon, South this evening with marijuana and abuse The Acting CHAIR. The Clerk will Carolina, Tennessee, Utah, Vermont, of marijuana and the damage to brains designate the amendment. Virginia, Washington, and West Vir- of our children and so forth. The last The text of the amendment is as fol- ginia are waiting for the Federal Gov- thing I think that we want to do now is lows: ernment to get out of the way. to create more problems for enforce- Because the Department of Justice ment for the DEA. At the end of the bill (before the short title), insert the following: refuses to acknowledge what Wash- Madam Chairman, if we are going to SEC. ll. None of the funds made available ington and Jefferson knew, that hemp study it, let’s study it, but I do not be- in this Act to the Department of Justice is an agricultural commodity and not lieve it is time that we remove these may be used to prevent a State from imple- marijuana, these State laws take a restraints on industrial hemp. menting its own State laws that authorize back seat to Federal overreach. I reserve the balance of my time. the use, distribution, possession, or cultiva- I urge my colleagues to support this Ms. BONAMICI. Madam Chair, may I tion of industrial hemp, as defined in section bipartisan amendment, and I yield 1 inquire into the amount of time re- 7606 of the Agricultural Act of 2014 (Public minute to the gentleman from Ken- maining. Law 113–79). tucky (Mr. MASSIE), my cosponsor. The Acting CHAIR. The gentlewoman The Acting CHAIR. Pursuant to Mr. MASSIE. Madam Chair, I am from Oregon has 11⁄2 minutes remain- House Resolution 287, the gentlewoman very excited to report that, thanks to ing. from Oregon and a Member opposed the farm bill amendment that allowed Ms. BONAMICI. Madam Chairman, I each will control 5 minutes. for pilot programs, we grew many pilot yield 1 minute to the gentleman from The Chair recognizes the gentle- programs in Kentucky last summer; Oregon (Mr. BLUMENAUER), my col- woman from Oregon. and this summer, there will be about league. Ms. BONAMICI. Madam Chair, I rise 1,800 acres of hemp grown in Kentucky Mr. BLUMENAUER. Madam Chair- to offer a bipartisan amendment with in pilot programs. man, I appreciate the gentlewoman’s Mr. MASSIE to restore power to the courtesy and her leadership on this States to regulate the cultivation of b 2320 issue. industrial hemp within their own bor- We have venture capital coming to Madam Chairman, as a practical ders. The House adopted this amend- Kentucky. I met with two companies in matter, industrial hemp is not mari- ment last year with strong support Kentucky that are investing in hemp, juana. With less than 0.3 percent THC, from both sides of the aisle. but the problem is right now they can it is not a drug. As a practical matter, This amendment is very simple. It only do the pilot programs. Yet they it is not hard to distinguish it, and, in would move our country in line with are still going to grow 1,800 acres of it fact, it is sort of a myth that somehow industrialized countries around the in Kentucky alone. They grow 100,000 people will use industrial hemp to dis- world that long ago recognized the im- acres in Canada. guise the cultivation of marijuana. portance of industrial hemp as a nat- It is time to let our farmers have this They don’t want that. It cross-con- ural resource, an agricultural com- opportunity. We need to take away the taminates. It makes it a less effective modity, and a versatile component restraint that it is just a pilot pro- product. that is now found in more than 25,000 gram. We have addressed a lot of the We have a situation where the rest of commercial products. concerns that people had last year be- the world deals with industrial hemp, In fact, not only does this amend- fore these pilot programs. Law enforce- where there are countless products ment bring America in line with much ment are okay with hemp now. They available to purchase today, it is just of the rest of the industrialized world, have seen that it is not its cousin. that Kentucky farmers or Oregon farm- it brings America back in line with our With that, Madam Chair, I urge pas- ers can’t produce it. Last year the country’s history. George Washington sage and urge my colleagues to vote for House overwhelmingly passed this and Thomas Jefferson grew it. The first this amendment. amendment. We are starting down a drafts of our Constitution and first Mr. FLEMING. Madam Chairman, I path towards rationalization. laws were written on paper made from rise in opposition to the amendment. Twenty-three States have removed it. The Acting CHAIR. The gentleman the barriers to production of industrial During World War II, the USDA en- from Louisiana is recognized for 5 min- hemp. The Federal Government should couraged patriotic American farmers utes. get out of the way. Congress should

VerDate Sep 11 2014 06:38 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.214 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3737 adopt this amendment and allow it to Pursuant to House Resolution 287, the street as rapidly as they can be. We proceed. the gentleman from Texas and a Mem- want to make sure the Federal law is Mr. FLEMING. Madam Chairman, ber opposed each will control 5 min- complied with, so I will work with you who has the right to close? utes. to make sure that through the over- The Acting CHAIR. The gentlewoman The Chair recognizes the gentleman sight authority we have got on this from Oregon has the right to close from Texas. subcommittee that the Department is since the gentleman from Louisiana is Mr. POE of Texas. Madam Chairman, enforcing the law as written by Con- not on the committee. I yield myself such time as I may con- gress and doing so aggressively. Mr. FLEMING. Madam Chairman, I sume. Mr. FATTAH. Will the gentleman would just say in conclusion that DEA Madam Chairman, Congress in the yield? tells us otherwise, that it is difficult to last several sessions has done, I think, distinguish. It is a problem for them. an admirable job of dealing with this Mr. CULBERSON. I yield to the gen- They are the ones who have to enforce crime of sexual assault in the United tleman from Pennsylvania. this. Also, there isn’t any product that States. Several pieces of legislation Mr. FATTAH. I concur with your you can get from hemp. Hemp produc- have passed the House, under several point of view, and I hope that the tion, industrial hemp is not abundant administrations, going all the way amendment is withdrawn. But I think in many other ways, whether it is back to the Violence Against Women that the maker of the proponent paper, rope, or what have you. So with Act. More recently, under the Debbie amendment is correct that we need to that, it is not necessary. It is not some Smith Act, SAFER legislation, here is move in this direction. We not only vital resource that we can’t do with- what is taking place. want to make sure that the backlog is out. It does create and complicate We now know because of DNA that ended and that we get bad people off problems when it comes to the enforce- old rape kits can be analyzed to deter- the street; we also don’t want innocent ment of schedule I drugs such as mari- mine who the suspect was that com- people incarcerated for crimes they juana. mitted that sexual assault, generally didn’t commit. So this is where the Madam Chairman, I yield back the against females, and that is a good de- science can help. balance of my time. velopment. But you are right that we need to Ms. BONAMICI. Madam Chair, as we Because of that legislation, the make sure that there is specific direc- have heard this evening, it makes no Debbie Smith Act was passed; and the tion. I thank the Chairman. sense that industrial hemp is legal to SAFER Act says that Debbie Smith, Mr. CULBERSON. And we can do have and legal to use in manufacturing which grants funds to do rape kit back- that through oversight, and we will but can’t be grown by our own farmers. logs, that 75 percent of that money, of work very closely with you, Judge POE, Right now the companies that are those grants, will go to actually ana- on this. And I thank you for your work manufacturing with hemp have to im- lyze backlog rape kits. Get those back- on this effort. There is no penalty se- port it from places like Canada and logs analyzed, go after the bad guys, vere enough that can be imposed swift- China. They should be able to grow it find out who committed these crimes, ly enough on anyone who would injure in our own country. and bring those 400,000 rape kits up to a woman or a child. Please support this bipartisan date by getting them analyzed. I understand the amendment is going amendment. Industrial hemp is grown This all sounds good. The problem is to be withdrawn. differently from marijuana. It looks the Justice Department doesn’t follow Mr. POE of Texas. I thank the chair- different. The enforcers can tell it the law. They are not analyzing these man, and I also thank the ranking apart. Let’s let our farmers grow indus- cases. There is still a backlog. They are member. trial hemp. Please support this amend- spending the money, but they are ment. spending it on other things like re- What the amendment does—and I I yield back the balance of my time. search rather than what the law says: will work with the committee on this— The Acting CHAIR. The question is analyze those cases. is exactly what the ranking member on the amendment offered by the gen- Madam Chair, 75 percent of that said. In one word, it finds out ‘‘jus- tlewoman from Oregon (Ms. BONAMICI). money is to go to analyze that backlog tice.’’ We free the innocent and we con- The question was taken; and the Act- of rape cases. vict the guilty, but we can’t do it un- less these rape kits are analyzed. So I ing Chair announced that the noes ap- b 2330 peared to have it. hope the committee figures out a way Mr. CULBERSON. Madam Chairman, My amendment just tells the Justice to have the Justice Department do I demand a recorded vote. Department to follow previous law, what they are supposed to do that Con- The Acting CHAIR. Pursuant to analyze those cases, use 75 percent of gress has already told them to do. Good clause 6 of rule XVIII, further pro- the money that is available to analyze luck with that. ceedings on the amendment offered by those cases. That is what the amend- Madam Chair, I ask unanimous con- the gentlewoman from Oregon will be ment does. sent to withdraw my amendment. postponed. I reserve the balance of my time. Mr. CULBERSON. Madam Chair, I The Acting CHAIR. Is there objection AMENDMENT OFFERED BY MR. POE OF TEXAS to the request of the gentleman from Mr. POE of Texas. Madam Chair, I claim the time in opposition. The Acting CHAIR. The gentleman Texas? have an amendment at the desk. There was no objection. The Acting CHAIR. The Clerk will re- from Texas is recognized for 5 minutes. Mr. CULBERSON. Madam Chair, I port the amendment. The Acting CHAIR. The amendment The Clerk read as follows: strongly agree with the gentleman’s is withdrawn. amendment and intend to work with At the end of the bill (before the short AMENDMENT OFFERED BY MR. ELLISON him as we move through conference to title), insert the following: Mr. ELLISON. Madam Chair, I have address this problem in the way he sug- SEC. ll. None of the funds made available an amendment at the desk. by this Act may be used for the DNA anal- gests and make sure the law is com- ysis and capacity enhancement program and plied with. The Acting CHAIR. The Clerk will re- for other local, State, and Federal forensic I understand the amendment may be port the amendment. activities for which funds are made available withdrawn. Before the amendment is The Clerk read as follows: under this Act as part of the $125,000,000 for withdrawn, if I could address the mer- At the end of the bill (before the short DNA-related and forensic programs and ac- title), insert the following: tivities, unless such funds are used in accord- its of your amendment, I think you are ance with paragraphs (3) and (4) of section exactly right. We plussed up funding SEC. ll. None of the funds made available (2)(c)) of the DNA Analysis Backlog Elimi- for rape kits. We want to make sure by this Act may be used by the Department nation Act of 2000 (Public Law 106–546; 42 that this backlog is taken care of as of Justice in violation of— U.S.C. 14135). rapidly as possible. I know my friend (1) the Fifth and Fourteenth Amendments to the United States Constitution; or Mr. CULBERSON. Madam Chair, I re- from Philadelphia and the members of (2) the memorandum issued by the Attor- serve a point of order on the amend- this committee share your concern. We ney General on March 31, 2015, and entitled ment. want to make sure the backlog rape ‘‘Guidance Regarding the Use of Asset For- The Acting CHAIR. A point of order kits are cleared out as rapidly as pos- feiture Authorities in Connection with is reserved. sible and these criminals are taken off Structuring Offenses’’.

VerDate Sep 11 2014 03:05 Feb 19, 2016 Jkt 049060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORD15\JUN 15\H02JN5.REC H02JN5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3738 CONGRESSIONAL RECORD — HOUSE June 2, 2015 Mr. ELLISON (during the reading). has no place, and we urge a ‘‘yes’’ vote Federal contractors, some of them, cer- Madam Chair, I ask unanimous consent for the amendment. tainly not all, but some have had a that the amendment be considered as I yield back the balance of my time. problem in this area. read and printed in the RECORD. Mr. FATTAH. Madam Chair, I yield A national employment law project The Acting CHAIR. Is there objection back the balance of my time. found that nearly one in three low- to the request of the gentleman from The Acting CHAIR. The question is wage contractors in the D.C. area re- Minnesota? on the amendment offered by the gen- ported stolen wages. There was no objection. tleman from Minnesota (Mr. ELLISON). b 2340 The Acting CHAIR. Pursuant to The amendment was agreed to. A report by the Senate Health, Edu- House Resolution 287, the gentleman AMENDMENT OFFERED BY MR. ELLISON cation, Labor, and Pensions Committee from Minnesota and a Member opposed Mr. ELLISON. Madam Chair, I have each will control 5 minutes. revealed that 35 percent of the largest an amendment at the desk. Department of Labor penalties for The Chair recognizes the gentleman The Acting CHAIR. The Clerk will re- from Minnesota. wage theft were levied against Federal port the amendment. contractors. Mr. ELLISON. Madam Chair, I offer The Clerk read as follows: this amendment with the support of Now, there are many excellent Fed- At the end of the bill (before the short the chairpersons of the Congressional eral contractors. These people should title), insert the following: not have to compete with companies Black Caucus, the Congressional His- SEC. ll. None of the funds made available panic Caucus, the Congressional Asian in this Act may be used to enter into a con- that circumvent the requirements of Pacific American Caucus, and the Pro- tract with any person whose disclosures of a the law. In total, those Federal con- gressive Caucus. proceeding with a disposition listed in sec- tractors who did had to repay employ- This amendment would prevent fund- tion 2313(c)(1) of title 41, United States Code, ees $82.1 million in back wages for vio- ing from law enforcement agencies in the Federal Awardee Performance and In- lations between 2007 and 2012. Despite that engage in discriminatory profiling tegrity Information System include the term these violations, many of these same based on gender, race, ethnicity, reli- ‘‘Fair Labor Standards Act’’. companies received Federal contracts gion, sexual orientation, or national The Acting CHAIR. Pursuant to again in 2012. origin. House Resolution 287, the gentleman The fact of the matter is that wage It would also prevent the use of funds from Minnesota and a Member opposed theft is wrong, and the people who en- to repeal the December 14 revised each will control 5 minutes. gage in it shouldn’t receive Federal profiling guidance issued by the De- The Chair recognizes the gentleman funds. I hope that all Members will partment of Justice. Discriminatory from Minnesota. agree that a dollar earned is a dollar profiling is wrong. It doesn’t help pre- Mr. ELLISON. Madam Chair, this is a that must be paid and that the United vent crime. It creates a culture of fear very simple amendment which says States of America only wants to do and resentment within our community. that the moneys appropriated by the business with contractors that obey It is contrary to the core constitu- U.S. Congress should go to contractors the law. tional principles, and the Federal dol- who deal fairly with workers and who I reserve the balance of my time. lars shouldn’t be spent perpetuating do not violate the Fair Labor Stand- Mr. CULBERSON. Madam Chair, I this activity. ards Act. rise in opposition to the amendment. I commend the work of Attorney This particular amendment is not an The Acting CHAIR. The gentleman General Holder to revise profiling guid- allegation; it only applies to contrac- from Texas is recognized for 5 minutes. ance, and I believe that we must do tors who have been found in violation, Mr. CULBERSON. Madam Chairman, more to close the remaining loopholes who have been forced to disclose those I share the gentleman’s concerns, but I in profiling guidance. violations based on the requirements of think his amendment is written so You shouldn’t be able to profile at law and their violations of the Fair broadly that it is going to have an im- the border. You shouldn’t be able to Labor Standards Act. pact far beyond anything he actually map people without cause. You This amendment would prohibit the intended. shouldn’t be able to use national secu- Federal Government from using funds For example, if a very large company rity as an excuse to engage in preju- in this bill to hire contractors with like Boeing ever failed to pay some- dicial policing. wage theft violations. body overtime on one occasion, the And we need comprehensive Madam Chair, we live in a time when way his amendment is drafted, this antiprofiling legislation like the End it is so hard for workers all across this would bar Boeing from ever doing any Racial Profiling Act introduced by the Nation to make a living. People go to business with the Federal Government. dean of this Congress, JOHN CONYERS. bed at night calculating whether they It would bar Lockheed, which is re- In the absence of such comprehensive are going to be able to meet their sponsible for building the Orion space- reform, we should at least prevent Fed- monthly expenses. If the work that craft for NASA, and they are doing an eral funds from being used to discrimi- they do can’t even be fully paid be- extraordinarily good job in doing so. nate against citizens. cause they are victims of wage theft by It is almost inevitable. None of us are I reserve the balance of my time. an unscrupulous employer, I think that perfect. Everybody, somewhere or Mr. FATTAH. Madam Chair, I claim the Federal Government should not be somehow, is going to make a mistake. the time in opposition, even though I doing business with that employer. It is just inevitable. In the way the am not actually in opposition. The fact of the matter is that in this gentleman’s amendment is drafted, the The Acting CHAIR. Without objec- appropriation, we should reserve Fed- Federal Government could not hire any tion, the gentleman from Pennsylvania eral money for the millions of contrac- company that was ever dealt with in a is recognized for 5 minutes. tors who do an honest contract, who proceeding that included the term There was no objection. provide the Federal Government with ‘‘Fair Labor Standards Act.’’ It essen- Mr. FATTAH. Madam Chair, I think good work. Evidence suggests that tially blackballs any contractor who that what we should be for is effective wage theft is widespread and costs has ever had any violation of any kind, law enforcement techniques. We know workers billions of dollars every year— anywhere, anytime. by every empirical evidence that greater than the cost of burglaries, It is too broad. This is not the right profiling does not work, and our ex- robberies, larcenies, and other sorts of place for it. You are going to do great perts in every aspect of law enforce- problems. damage to a lot of very good companies ment—local, State, and nationally— Wage theft among Federal contrac- that have had very minor, one-time tell us that it doesn’t work. So I agree tors is also a problem. Federal contrac- violations a number of years ago. I with the gentleman and I support his tors are among America’s companies know that is not the gentleman’s in- amendment. that we rely on to discharge good serv- tent, but the language before the House I reserve the balance of my time. ice. But that service should be within that he has drafted is very broad and Mr. ELLISON. Madam Chair, I will the law; that service should be hon- has implications far beyond what I close and just say that racial profiling oring the work that workers do. And know he has laid out here tonight.

VerDate Sep 11 2014 06:47 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.222 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3739 The bill, as written, would actually, I The Clerk read as follows: for bringing it to the attention of the think, wind up with a lot of very good At the end of the bill (before the short House tonight. companies being unable to do business title), insert the following: Madam Chair, this issue came to my with the Federal Government, so I SEC. ll. None of the funds made available attention a couple of years ago when I would ask Members to oppose the by this Act may be used to require, pursuant was with constituents in my district. amendment. to section 478.124 of title 27, or section 25.7 of They were gun dealers, and they were I reserve the balance of my time. title 28, Code of Federal Regulations, or the Office of Management and Budget Statistical complaining and telling me how the Mr. ELLISON. Madam Chair, how Policy Directive No. 15, Race and Ethnic administration quietly began requiring much time do I have remaining? Standards for Federal Statistics and Admin- the Bureau of Alcohol, Tobacco, Fire- The Acting CHAIR. The gentleman istrative Reporting, that any person disclose arms and Explosives—we call it the from Minnesota has 11⁄2 minutes re- the race or ethnicity of the person in connec- ATF—to record a firearms purchaser’s maining. tion with the transfer of a firearm to the race and ethnicity. Mr. ELLISON. Madam Chair, I just person. This, Madam Chair, is not law. It is want to point out that the companies The Acting CHAIR. Pursuant to not congressional action. We did not do that the gentleman has identified House Resolution 287, the gentlewoman this. The ATF, through administration ought to obey the Fair Labor Stand- from Tennessee and a Member opposed rules, requires the race of the gun pur- ards Act. Every company that does each will control 5 minutes. chaser, and the seller who is selling the business with the United States Gov- The Chair recognizes the gentle- gun has got to check the box and write ernment ought to pay its workers fair- woman from Tennessee. the race of the gun purchaser. ly. Mrs. BLACK. Madam Chairman, our b 2350 Federal contracts are lucrative, and Founding Fathers did not mince words Federal contracts make people rich. At when they authored the Second If they do not do that or they do it the very least, those companies and Amendment to our Constitution. wrong, the ATF can come back later, those individuals who benefit from They spoke plainly and with convic- look at the records, say ‘‘You left it those contracts ought to make sure tion in writing, ‘‘the right of the people blank on the race of the individual,’’ that their workers get paid properly. to keep and bear arms shall not be in- and shut the business down. The fact of the matter is that this is fringed.’’ Unfortunately, this adminis- Now, there are several problems with an appropriation from this year. It tration hasn’t always seen it that way. this new rule by the ATF. In order to doesn’t bar them in the future from ap- Recently, President Obama’s Bureau avoid breaking this Federal regulation, plying for Federal contracts again, and of Alcohol, Tobacco, Firearms and Ex- the dealers then have to ask the cus- if they should prove to have really plosives enacted a quiet change to its tomers their race, and when people are cleaned up their acts, we can have a form 4473—a mandatory document for offended—and they get offended—they conversation about that. most gun transactions—that requires take it out on the dealers themselves. I am afraid, Madam Chair, that if we Americans to disclose their race and Sometimes refuse to give their race, do not pass this amendment, we will be ethnicity in order to complete the sale. and then what is the gun seller to do? telling all of the honest, hard-working What is more, the failure to collect Why is our government racial profiling contractors that you don’t need to this information is considered an ATF people who exercise the Second Amend- obey the law, that you can just do violation that could result in govern- ment? Why are they doing that? whatever. ment penalties for the gun dealer. Second, it is none of the govern- Companies that don’t obey the Fair By placing an extra barrier of com- ment’s business the race of a Labor Standards Act and steal work- plexity between the law-abiding citi- gunowner. The Second Amendment ers’ wages actually gain a competitive zens and their right to own a firearm, does not just apply to certain races. It advantage on the companies that do I believe this intrusive reporting re- applies to everybody. It doesn’t exclude obey the law. I don’t think that is any- quirement sets up a direct challenge to races and only include certain races. thing that any one of us would like to the Second Amendment rights en- As the gentlewoman from Tennessee see happen, so I would urge a ‘‘yes’’ shrined in our Constitution, not to has said, the Federal Government vote on this; say ‘‘no’’ to wage theft. mention the right to privacy. ought to be colorblind across the board I yield back the balance of my time. Madam Chairman, we all want to see on every issue, especially when it Mr. CULBERSON. Madam Chairman, weapons kept out of the hands of crimi- comes to rights. The Second Amend- I want to reiterate, the way the gentle- nals, but an individual’s race and eth- ment applies to everybody regardless of man’s amendment is drafted, any viola- nicity has nothing to do with his abil- their race, just like the First Amend- tion anywhere, anytime in the history ity to safely own and operate a fire- ment applies to everybody regardless of of the company would bar them from arm. Perhaps that is why even tradi- their race. ever doing business with the Federal tionally left-leaning groups like the So this amendment would simply tell Government. It is if they ever made a ACLU have spoken in opposition to the Federal Government, it is none of mistake anywhere in the past. this requirement. your business the race of a gun pur- The amendment is far too broad and The fact is the government should be chaser in the United States. Stay out far too sweeping, and I urge Members colorblind on all of our rights, whether of that issue. Just as equally impor- to oppose the amendment. it is the freedom of speech, the freedom tant, you can’t shut some business I yield back the balance of my time. of religion, or the freedom to keep and down if they don’t put the right race or The Acting CHAIR. The question is bear arms. That is why my amendment they leave the race block blank. That on the amendment offered by the gen- states that the government cannot re- is none of the Federal Government’s tleman from Minnesota (Mr. ELLISON). quire gun buyers to disclose their race business. The question was taken; and the Act- and ethnicity at the point of sale. It is I would hope that Members of Con- ing Chair announced that the noes ap- really that simple. gress would support this amendment peared to have it. I urge my colleagues to vote ‘‘yes’’ and keep the Federal Government from Mr. ELLISON. Madam Chair, I de- on this commonsense amendment so requiring racial profiling in the pur- mand a recorded vote. that we can reverse this latest regu- chase of guns under the Second Amend- The Acting CHAIR. Pursuant to latory overreach and ensure that fair- ment. clause 6 of rule XVIII, further pro- ness and privacy are upheld in our Na- Mrs. BLACK. I yield back the balance ceedings on the amendment offered by tion’s gun laws. of my time. the gentleman from Minnesota will be Madam Chairman, I yield the balance Mr. FATTAH. I claim the time in op- postponed. of my time to the gentleman from position to the amendment. AMENDMENT OFFERED BY MRS. BLACK Texas (Mr. POE), my lead cosponsor and The Acting CHAIR. The gentleman Mrs. BLACK. Madam Chairman, I an ardent defender of the Second from Pennsylvania is recognized for 5 have an amendment at the desk. Amendment. minutes. The Acting CHAIR. The Clerk will re- Mr. POE of Texas. I thank Congress- Mr. FATTAH. Before we finish with port the amendment. woman BLACK for this amendment and this, you will be able to have a weapon,

VerDate Sep 11 2014 06:47 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.225 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3740 CONGRESSIONAL RECORD — HOUSE June 2, 2015 you will be able to suppress the sound At the end of the bill, before the short families, our communities, and to the on it, and you won’t have to identify title, insert the following: Nation as a whole. This President real- yourself by these characteristics that SEC. ll. The amounts otherwise provided ized all of this when he made his budg- by this Act are revised by reducing the ag- are attacked in this amendment, but I gregate amount made available for ‘‘Federal et request. That is why he requested want to just kind of set the facts Prison System—Salaries and Expenses’’, and more than $300 million for a variety of straight. by increasing the amount made available for authorized programs aimed at improv- First of all, this information has ‘‘Office of Justice Programs—Juvenile Jus- ing public safety and keeping children been required since 1968. I know people tice Programs’’ for youth mentoring grants, on the path to college and careers in- are excited about it tonight, I know by $155,900,000. stead of the path to prison. there is a lot of enthusiasm about rid- Mr. RICHMOND (during the reading). Unfortunately, the bill in front of us ding the Nation of having this informa- Madam Chair, I ask unanimous consent calls for devastating cuts to these vital tion, but since the Gun Control Act of to dispense with the reading of the programs. The funding level in the bill 1968, prospective firearm purchasers amendment. is more than $155 million below the have been required to record their race. The Acting CHAIR. Is there objection President’s request, and even $68 mil- Now, sometimes, you know, we hear to the request of the gentleman from lion below last year’s funding level. in law enforcement people trying to be Louisiana? My amendment today would simply politically correct and say, well, we Mr. CULBERSON. Madam Chair, bring the funding for Juvenile Justice don’t want you to be too descriptive of which amendment is the gentleman of- back in line with the President’s re- a suspect in a crime, identifying them fering? quest by funding one of the only pro- by race or something, but, you know, Mr. RICHMOND. I only have one grams left available in the bill, and the reason why we have this informa- amendment, and it is the amendment that is mentoring. By increasing the tion has nothing to do with prohibiting to move $155 million from the Bureau role and capacity for mentoring pro- people’s Second Amendment rights. of Prisons over to the Juvenile Justice grams across the Nation, we can have a This is about how to track down some- program. true impact on children in every com- one who has done something wrong, The Acting CHAIR. The Clerk will munity. who was the original purchaser of the continue to read the amendment. With that, I reserve the balance of gun that was used in a crime. The Clerk continued to read. my time. The information is not held by the Mr. CULBERSON. Madam Chair, I re- b 0000 Federal Government, notwithstanding serve a point of order against the gen- the excitement on the House floor to- tleman’s amendment. Mr. CULBERSON. Mr. Chairman, I night. It is held by the dealer. It is not The Acting CHAIR. A point of order will assert my point of order against centralized in any way, but it is a law is reserved. the amendment, depending on what the enforcement data point. Sometimes we Pursuant to House Resolution 287, gentleman intends to do. actually need data, we need informa- the gentleman from Louisiana and a Does the gentleman intend to with- tion so that if something has been done Member opposed each will control 5 draw the amendment? with a gun that is unlawful, somebody minutes. Mr. RICHMOND. I would like to can figure out who purchased it; and The Chair recognizes the gentleman know what the point of order is. I am you can also clarify who these people from Louisiana. just shifting money from one thing are, if they have similar names, similar Mr. RICHMOND. Madam Chair, I rise that is already in the budget to some- backgrounds, or whatever may be the today to talk about something that I thing that is already in the budget. case. would hope is important to both sides POINT OF ORDER So it is just basic information that of the aisle, and that is our youth. Here Mr. CULBERSON. The amendment is any law enforcement person would in Congress we talk about how impor- subject to a point of order on the basis want to have, the race and ethnic back- tant a lot of things are: education, pub- that it proposes to increase an appro- ground of the owner of the weapon that lic safety, strong communities, free- priation not authorized by law, Mr. was used in a neighborhood near you to dom, and prosperity. If we have a goal Chairman, and, therefore, is in viola- harm one of the people whom you have of keeping our children in school and tion of clause 2(a) of rule XXI. been elected to represent, and to decide on the path to success, cutting Juve- Although the original account fund- tonight, well, what we want to do is nile Justice programs is the wrong way ing for the Office of Juvenile Justice strip this information away under to go in order to reach it. contains a number of programs that some pretense. What we just heard was We know that supporting programs are unauthorized, it was permitted to an argument that somehow someone that keep our children out of jail is one remain in the bill pursuant to the pro- was trying to say that the Second of the best investments we can make, visions of the rule that provided for the Amendment discriminated against and it gives us one of our highest re- consideration of this bill. somebody on a racial basis, and of turns on our investment. When an unauthorized appropriation course anyone can win that straw argu- On any given day in this country, is permitted to remain in a general ap- ment because it is nonsensical. No one there are over 70,000 juveniles in jail propriations bill, an amendment mere- is arguing that. around the country. This incarceration ly changing the amount is in order, but We are talking about basic informa- is not cheap. We spend about $6 billion the rules of the House apply a ‘‘merely tion that is needed for law enforcement a year on juveniles in prison. Inter- perfecting standard’’ to the items per- purposes that the majority tonight actions with the criminal justice sys- mitted to remain, and do not allow the wants to deny from the ATF. That is tem at a young age have a ripple effect insertion of a new paragraph that was something that I would hope the ma- that makes it harder for children to not part of the original text permitted jority wouldn’t do, but they obviously achieve success later. to remain to increase a figure that was have the votes to do as they please. I Students who are arrested early in permitted to remain. will be against it. high school are six to eight times more This amendment proposes to add I yield back the balance of my time. likely to drop out of high school. What funding as a reach-back to an unau- The Acting CHAIR. The question is is more, children who are incarcerated thorized program, and the amendment, on the amendment offered by the gen- are almost 40 percent less likely to therefore, cannot be construed as mere- tlewoman from Tennessee (Mrs. graduate from high school and 40 per- ly perfecting. BLACK). cent more likely to be in prison at the And therefore, Mr. Chairman, I ask The amendment was agreed to. age of 25. Finally, if someone with an that the Chair rule the amendment out AMENDMENT OFFERED BY MR. RICHMOND arrest record as a juvenile does grad- of order. Mr. RICHMOND. Madam Chair, I uate high school, they are still only The Acting CHAIR (Mr. STIVERS). have an amendment at the desk. half as likely to enroll in a 4-year col- Does any other Member wish to be The Acting CHAIR. The Clerk will re- lege. heard on the point of order? port the amendment. In short, keeping our children out of Mr. FATTAH. I understand the spirit The Clerk read as follows: jail has benefits to the children, their of the chairman’s statement. I just

VerDate Sep 11 2014 06:47 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.228 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3741 want to comment that one of the we have a greater avenue, I think, to acted by Congress and should not be things that we have done is we have put our youth on a better path and not any part of any trade agreement. worked over a number of years and only save money, but create less vic- So I strongly support the gentle- doubled the amount of money going tims of crime. man’s amendment in the same spirit into youth mentoring. So with that, I would just remind all that we have got language in this bill I think that the chairman and I agree of our Members that I hope we con- that prohibits use of funds to negotiate with the spirit of your amendment and tinue to work together. And we should or to implement the U.N. arms control that it is a much more worthy invest- really be careful here because the life treaty, which would interfere with our ment for the country to keep our you save may be your own. Second Amendment rights. We have young people on the straight and nar- I thank the chairman for his coopera- prohibited that. We have shut down the row than to try to repair, as has been tion, and I ask unanimous consent to U.N. arms control treaty in this bill. said, a broken adult. withdraw the amendment. Similarly, let’s shut down any attempt We continue to have an interest in The Acting CHAIR. Is there objection to impose greenhouse gas limits on the building this part of the appropriations to the request of the gentleman from United States through a trade agree- bill. Notwithstanding the complicated Louisiana? ment. set of rules relative to the authorized There was no objection. I strongly support the gentleman’s and the non-authorized portion, we AMENDMENT OFFERED BY MR. MEADOWS amendment and urge Members to vote continue to want to work with you as Mr. MEADOWS. Mr. Chairman, I ‘‘yes.’’ we go forward on this matter. have an amendment at the desk. Mr. FATTAH. I yield back the bal- Mr. CULBERSON. I want to, if I The Acting CHAIR. The Clerk will re- ance of my time. could, express my support for the rank- port the amendment. Mr. MEADOWS. Mr. Chairman, I urge The Clerk read as follows: ing member’s comments, but I do need support, and I yield back the balance of At the end of the bill (before the short to assert the point of order. my time. Mr. RICHMOND. If the gentleman title), insert the following: SEC. l. None of the funds made available The Acting CHAIR. The question is does not assert the point of order now, by this Act may be used to negotiate or on the amendment offered by the gen- then what I will do is just wrap up and enter into a trade agreement that estab- tleman from North Carolina (Mr. ask unanimous consent to withdraw lishes a limit on greenhouse gas emissions MEADOWS). my amendment. for the United States. The limitation de- The amendment was agreed to. Mr. CULBERSON. If the gentleman scribed in this section shall not apply in the The Acting CHAIR. The amendment withdraws the amendment, I withdraw case of the administration of a tax or tariff. is withdrawn. my point of order. The Acting CHAIR. Pursuant to AMENDMENT OFFERED BY MR. GRAYSON The Acting CHAIR. Does the gen- House Resolution 287, the gentleman Mr. GRAYSON. I have an amendment tleman seek to withdraw the amend- from North Carolina and a Member op- at the desk. ment? posed each will control 5 minutes. Mr. RICHMOND. I was going to close The Chair recognizes the gentleman The Acting CHAIR. The Clerk will re- and use the remaining time and then from North Carolina. port the amendment. withdraw the amendment. Mr. MEADOWS. My amendment The Clerk read as follows: The Acting CHAIR. A point of order would prohibit the administration from At the end of the bill (before the short is currently pending. using any funds from this bill to advo- title), add the following new section: SEC. . None of the funds made available Mr. CULBERSON. I reserve my point cate or support a position in trade ne- ll of order. Once the gentleman with- by this Act may be used to enter into a con- gotiations or enter into a trade agree- tract with any offeror or any of its principals draws, I will withdraw the point of ment that would limit greenhouse gas if the offeror certifies, as required by Federal order, but we do need to conclude this. emissions in the United States. Basi- Acquisition Regulation, that the offeror or We will work together with Mr. cally, the amendment would prohibit any of its principals: FATTAH on juvenile justice to keep the Obama administration from trying (A) within a three-year period preceding young people out of prison. to address ‘‘climate change’’ through this offer has been convicted of or had a civil The Acting CHAIR. Does the gen- trade agreements. judgment rendered against it for: commis- tleman withdraw the point of order? The last few years, we have seen the sion of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or Mr. CULBERSON. I reserve the point administration intentionally work of order. I will withdraw its assertion performing a public (Federal, State, or local) around Congress to implement its own contract or subcontract; violation of Federal at this time, but I reserve it pending agenda. or State antitrust statutes relating to the the gentleman’s conclusion and with- Mr. Chairman, the hour is late. There submission of offers; or commission of em- drawal of the amendment. are many worthwhile amendments that bezzlement, theft, forgery, bribery, falsifica- The Acting CHAIR. The gentleman’s need to be debated and heard, and with tion or destruction of records, making false earlier point of order is withdrawn. A that, I reserve the balance of my time. statements, tax evasion, violating Federal point of order is now reserved. Mr. FATTAH. Mr. Chairman, I rise in criminal tax laws, or receiving stolen prop- The Chair recognizes the gentleman opposition. erty; or from Louisiana. The Acting CHAIR. The gentleman (B) are presently indicted for, or otherwise criminally or civilly charged by a govern- Mr. RICHMOND. Mr. Chairman, I from Pennsylvania is recognized for 5 would just say I started coaching Lit- mental entity with, commission of any of minutes. the offenses enumerated above in subsection tle League at 16, and I continue to do Mr. FATTAH. I am not sure this is (A); or that today, and I continue also to men- the right place to be imposing on trade (C) within a three-year period preceding tor. agreements. We would be opposed to this offer, has been notified of any delin- I would just say that as we look at this. We won’t be seeking a recorded quent Federal taxes in an amount that ex- the budget and we try to do things to vote, but we would be opposed to this. ceeds $3,000 for which the liability remains bring the budget back into balance, we I reserve the balance of my time. unsatisfied. keep leaving out the point of return on Mr. MEADOWS. Mr. Chairman, I Mr. GRAYSON (during the reading). investment. And if we continue to in- yield such time as he may consume to Mr. Chair, I ask unanimous consent vest in things that are going to give us the gentleman from Texas (Mr. CUL- that the reading be waived. more than a one-to-one return, then we BERSON), the chairman of the Appro- The Acting CHAIR. Is there objection are actually gaining a benefit that will priations subcommittee, who has done to the request of the gentleman from allow us to cut down the deficit. great work. Florida? And then I would just quickly add in Mr. CULBERSON. I strongly support There was no objection. the spirit of bipartisanship and work- this amendment. It is important that The Acting CHAIR. Pursuant to ing together that it is almost like the these trade agreements not be nego- House Resolution 287, the gentleman field of dreams for the Bureau of Pris- tiated in ways that would supersede from Florida and a Member opposed ons. If you appropriate it, they will the authority of this Congress. Any each will control 5 minutes. spend it. And if they build it, they will limitation on greenhouse gases should The Chair recognizes the gentleman fill it. We don’t want to do that when be debated in this Congress and en- from Florida.

VerDate Sep 11 2014 03:05 Feb 19, 2016 Jkt 049060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\RECORD15\JUN 15\H02JN5.REC H02JN5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3742 CONGRESSIONAL RECORD — HOUSE June 2, 2015 Mr. GRAYSON. Mr. Chairman, this The Acting CHAIR. Pursuant to sures our right, as law-abiding Amer- amendment is identical to other House Resolution 287, the gentleman ican citizens, to bear arms to protect amendments that have been inserted from North Carolina and a Member op- ourselves from enemies, both foreign by voice vote into every appropriations posed each will control 5 minutes. and domestic. bill considered under an open rule this The Chair recognizes the gentleman It is no secret that our Second year and in the last Congress as well. from North Carolina. Amendment rights have been threat- My amendment expands the list of Mr. HUDSON. Mr. Chairman, first ened by the government bureaucrats in parties with whom the Federal Govern- and foremost, I want to voice my the Obama administration. Earlier this ment is prohibited from contracting strong opposition to the Obama admin- year, the Bureau of Alcohol, Tobacco, due to serious misconduct on the part istration’s continued assaults on our Firearms and Explosives doubled down of the contractors. Specifically, the Second Amendment rights. on attempting to ban lead projectiles, list would include contractors who I ran for Congress to stand up against as they claim the ammunition is armor within a 3-year period preceding an this overreach and to keep Washington piercing. offer have been convicted or have had a bureaucrats’ influence out of our lives They proposed a ban on the manufac- civil judgment rendered against them and their hands off our freedoms and turing and sale of certain AR–15 ammu- for fraud, violation of Federal or state their hand off our guns. That is why I nition that could have drastically re- antitrust laws, embezzlement, theft, am offering an amendment to the Com- duced the availability of ammunition forgery, bribery, violation of Federal merce, Justice, Science Appropriations commonly used for sporting and other tax laws, and other items outlined in bill that would stop President Obama’s legitimate purposes. Because of the strong objections from section 52.209–5 of title 48 of the Code of green tip ammo ban. gunowners and constitutional conserv- Federal Regulations. As you recall, the ATF recently tried to ban common rifle ammunition that atives across the country, ATF decided b 0010 has been legally used by law-abiding to table their proposal, at least for These are all offenses which any con- American sportsmen for decades. It now. Mr. Chairman, our constitutional tractor doing business with the Federal was only after receiving intense pres- rights should not be left up to the Government must disclose to a con- sure from Congress and more than whims of Federal bureaucrats in Wash- tracting officer, but oddly enough, the 80,000 public comments and, frankly, ington. This amendment simply en- contracting officer would then be free the direct intervention of Chairman sures that Federal funds cannot be to ignore these transgressions and CULBERSON that the administration used to ban certain types of commonly award contracts to offending entities, stalled their proposed ban. used ammunition, and I encourage my absent my amendment. As the clock ticks down on this colleagues to support it. I commend the authors of this bill for President’s second term, the adminis- Mr. FATTAH. Mr. Chairman, I rise in their inclusion of section 523. I still be- tration is cooking up more than a dozen gun control regulations and has opposition to the amendment. lieve, however, that we can improve on The Acting CHAIR. The gentleman left the door open to reconsider future this bill by prohibiting agencies from from Pennsylvania is recognized for 5 ammo bans. contracting with those entities who minutes. have engaged in the activities de- This determination to unconsti- Mr. FATTAH. They must have some scribed above. tutionally restrict one of our most fun- special kind of deer in North Carolina. It is my hope that this amendment damental rights and—I would argue— They are running around in the woods will be noncontroversial, as it has been our first freedom has nothing to do with bulletproof vests on. on every previous occasion and again with safety or security and everything The idea that a sportsman needs an be passed unanimously by the House. to do with government control. armor-piercing bullet to go after a I reserve the balance of my time. My amendment, previously intro- deer, I mean, I don’t really buy it; but Mr. FATTAH. Mr. Chairman, I claim duced as a stand-alone bill by my good if the majority is willing to buy it at the time in opposition, but I am not friend and colleague, Chief Deputy this hour of the night, it is fine with opposed to the amendment. Whip PATRICK MCHENRY, from North me. The Acting CHAIR. Without objec- Carolina, would put an end to this at- On a serious note, for those who are tion, the gentleman from Pennsylvania tack on our Second Amendment rights in law enforcement, who are out in is recognized for 5 minutes. by ensuring this popular ammunition dark alleys, and who have to confront There was no objection. remains available and not subject to circumstances that they don’t know Mr. FATTAH. I am not opposed to any future ATF bans. the exact dangers that they are going the amendment. I am prepared to ac- Mr. Chairman, like many of my con- to face, the fact that we want to have cept the amendment and support it, stituents from North Carolina, I like to weapons that suppress the sound—now, and I thank the gentleman for offering spend time outdoors in a deer stand, in we want to have bullets that can pierce it. a field, or at the range. I will not stand armor and that we want to make sure I speak even for the chairman in this idly by and allow a unilateral execu- that are under the guise of the Second matter. We are ready to rock and roll, tive fiat to threaten our right to enjoy Amendment, that you can have all so we accept the amendment. this cherished American tradition. manner of armament, without any type I yield back the balance of my time. The Second Amendment is not about of reasonable speed bumps that might Mr. GRAYSON. I yield back the bal- hunting or shooting sports. Our right protect the American public is some- ance of my time. to keep and bear arms is a right that thing that I am not sure that the ma- The Acting CHAIR. The question is ensures our ability to protect all of jority would want to take such an en- on the amendment offered by the gen- rights. That is why I refer to it as our thusiastic effort around. tleman from Florida (Mr. GRAYSON). first freedom. This fundamental free- Obviously, they do, and they have de- The amendment was agreed to. dom must be defended and protected. cided that this bill is the bill for it, For that reason, I encourage my col- AMENDMENT OFFERED BY MR. HUDSON that this bill is the place where they leagues in the House to support this Mr. HUDSON. Mr. Chairman, I have want to do this activity, right? amendment. an amendment at the desk. I think it is unfortunate. As for me Mr. Chairman, I yield such time as he The Acting CHAIR. The Clerk will re- and for my side, we will be in opposi- may consume to my colleague from port the amendment. tion, and we will let the majority work North Carolina (Mr. ROUZER). The Clerk read as follows: its will. Mr. ROUZER. Mr. Chairman, I am I reserve the balance of my time. At the end of the bill (before the short proud to stand with my colleague from Mr. HUDSON. Mr. Chairman, may I title), insert the following: North Carolina in support of this inquire how much time is remaining? SEC. ll. None of the funds made available by this Act may be used to treat any M855 amendment. In the eyes of our Found- The Acting CHAIR. The gentleman (5.56 mm x 45 mm) or SS109 type ammunition ing Fathers, the right to bear arms was from North Carolina has 11⁄2 minutes as armor piercing ammunition for purposes just as fundamental as the freedom of remaining, and the gentleman from of chapter 44 of title 18, United States Code. speech. The Second Amendment en- Pennsylvania has 3 minutes remaining.

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.235 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3743 Mr. HUDSON. Mr. Chairman, I appre- runs through the other team over here State and local jurisdictions are im- ciate my colleague’s rhetorical ques- that suggests that this is the time for plementing policies that directly con- tion. Mr. Chairman, I would just say them to proceed along this line. I think tradict U.S. Immigration and Customs that the point is a 5.56 green tip bullet that the American public will have to Enforcement’s statutorily mandated is not an armor-piercing bullet. The make whatever judgment they want to mission to identify and remove illegal only reason it has been called an make about that. aliens who are currently incarcerated. armor-piercing bullet is because of a Mr. Chairman, I yield back the bal- At this point, we even have seen some loophole, and that is my point. ance of my time. local sheriffs who choose to follow Fed- We have an administration that has The Acting CHAIR. The question is eral law and honor ICE detainers just put out a whole list of regulations on the amendment offered by the gen- slapped with lawsuits for cooperating, that say they want to restrict the tleman from North Carolina (Mr. HUD- for following the law. rights of people because they may or SON). I know we are late. I know there is may not have a mental illness. They The amendment was agreed to. some discussion about this, but really want a whole list, a whole range of reg- AMENDMENT OFFERED BY MR. COLLINS OF this is simple. ulations that they would like to roll GEORGIA Hard-working taxpayers should not have to sit idly by and watch their tax out in the final days of this adminis- Mr. COLLINS of Georgia. Mr. Chair- dollars go to localities that choose to tration to limit, to infringe upon our man, I have an amendment at the desk. encourage illegal immigration through Second Amendment rights. What I am The Acting CHAIR. The Clerk will re- their nonenforcement policies. My saying is we are not going to stand for port the amendment. The Clerk read as follows: amendment sends a clear message that, that. if localities implement policies in con- The bullet, the round that I am talk- At the end of the bill (before the short title) insert the following: tradiction to Federal immigration law, ing about is not an armor-piercing SEC. lll. None of the funds made avail- they will not be eligible to receive round; it has never been defined as an able by this Act may be used to provide as- funds under this act, specifically Fed- armor-piercing round, but because of a sistance to a State, or political subdivision eral reimbursement grants under the loophole, this administration tried to of a State, that has in effect any law, policy, State Criminal Alien Assistance Pro- ban it as such. or procedure in contravention of immigra- tion laws (as defined in section 101(a)(17) of gram. Having said that, I yield the balance Mr. Chairman, this is an amendment of my time to the gentleman from the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). that was offered and accepted last Texas (Mr. CULBERSON), the chairman. year. We are offering it again and Mr. CULBERSON. I want to express Mr. COLLINS of Georgia (during the reading). Mr. Chair, I ask unanimous would ask favorable consideration. my very strong support for the gentle- With that, I reserve the balance of consent to dispense with the reading. man’s amendment. The gentleman’s my time. The Acting CHAIR. Is there objection amendment is necessary because the The Acting CHAIR. Does the gen- to the request of the gentleman from ATF did come out with a very broad tleman from Pennsylvania continue to Georgia? legal framework within which they reserve his point of order? There was no objection. Mr. FATTAH. I would like, at this were attempting to ban not only 223 Mr. CULBERSON. Mr. Chairman, I point, unless there are more comments, ammunition, but potentially whole reserve a point of order on the gentle- other categories of ammunition, and to assert the point of order. man’s amendment. The Acting CHAIR. The gentleman that is just not what the statute was The Acting CHAIR. A point of order intended to prevent. from Pennsylvania may state his point is reserved. of order. The statute was intended to prevent Mr. CULBERSON. Mr. Chairman, I specific types of armor-piercing bullets support the gentleman’s amendment, POINT OF ORDER Mr. FATTAH. Mr. Chairman, I make from being used in pistols. The ATF and I withdraw the point of order. was taking that far beyond the statute. The Acting CHAIR. The point of a point of order against the amend- It was necessary for—as new com- order is withdrawn. ment because it proposes to change ex- mittee subcommittee chairman, I was Mr. FATTAH. Mr. Chairman, I re- isting law and constitutes legislation able to step in and persuade the ATF to serve a point of order on the gentle- in an appropriations bill and, therefore, drop their ammo ban. man’s amendment. violates clause 2, rule XXI. The Acting CHAIR. Does any other Mr. HUDSON’s amendment is nec- The Acting CHAIR. A point of order Member wish to be heard on the point essary to make sure it doesn’t happen is reserved. Pursuant to House Resolution 287, of order? again in the future, and I urge Mem- Mr. CULBERSON. Mr. Chairman, I the gentleman from Georgia and a bers to support his amendment in the support the amendment. strongest possible terms to defend our Member opposed each will control 5 Mr. COLLINS of Georgia. Mr. Chair- Second Amendment rights. minutes. man, I will at least respond to the The Chair recognizes the gentleman Mr. HUDSON. Mr. Chair, I yield back point of order. the balance of my time. from Georgia. This amendment is not in contradic- Mr. COLLINS of Georgia. Mr. Chair- b 0020 tion of current law. In fact, it simply man, I rise today with basically a com- states that the amendment would not Mr. FATTAH. Mr. Chairman, I yield monsense amendment on H.R. 2578. I allow funds to be used in support of myself such time as I may consume. appreciate the hard work that Chair- holding up law as it is currently writ- Mr. Chairman, I would just hope that man CULBERSON, Ranking Member ten. This is not a law that is written to none of my good friends on the other FATTAH, and other members of the Ap- circumvent current law. In fact, all it side decide to test this theory about propriations Committee have put into says is that States and localities who whether or not it can pierce armor, this bill. receive the money will actually sup- that you don’t take the rhetoric to an This bill contains many important port current law. So I am not sure extreme here. It is a fact that there is provisions to protect law-abiding what the point of order is actually try- some concern about what this means Americans and public safety while ing to say. for law enforcement. I know that the spending responsibly; however, I want This was put in last year. It was ap- majority would want to be seen, and I to make it absolutely clear that no proved. I understand. I appreciate the think truly is, in support of law en- funds appropriated under this bill are gentleman’s concern. But, basically, we forcement. used to assist States and localities are saying if you enforce the law as it Why would we want to put this type whose laws and policies are in direct is written, which is all we are asking, of ammunition in guns that we want to contradiction to Federal immigration then the grant is there. If you choose suppress the sound on, in which we law and enforcement efforts. My not to enforce Federal law, then that is want less information about the pur- amendment does just that. It ensures money that will be withheld. chaser, at a time like this in our Na- that we do not reward State and local The Acting CHAIR. Does the gen- tion I don’t actually understand. But governments with Federal funds when tleman from Georgia wish to withdraw there is obviously some thread that they ignore the rule of law. his amendment?

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.238 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3744 CONGRESSIONAL RECORD — HOUSE June 2, 2015 Mr. COLLINS of Georgia. Not at this must perform our oversight functions It is time for a little sunlight. Sun- point. whenever we ask for information about light is the best disinfectant. It is time Mr. FATTAH. Mr. Chairman, we will what the Trade Representative is doing for the Members of this body to take respect the ruling of the Chair. on behalf of the American people. control of our constitutional respon- The Acting CHAIR. Does any other Three years ago, we had the strange sibilities, not to let the Trade Rep- Member wish to be heard on the point circumstance come up that over 100 resentative or any member of the exec- of order? Members of Congress, 100 Members of utive branch tell us to stuff it when we The gentleman from Texas is recog- this body, wrote a letter to the Trade need to find out things in order to be nized. Representative saying: We hear you are able to do our jobs properly. Mr. CULBERSON. Mr. Chairman, I negotiating something called the Wouldn’t it be a better system if we would like to reiterate that I agree Trans-Pacific Partnership. Would you were able to tell a trade representative with the gentleman from Georgia. This please give us a copy? what we think, what our constituents does not change existing law. It simply And the answer came back: No. We think, what the members of the Amer- states that if you expect to receive are not going to give you a copy. ican public think about these docu- Federal money, you need to be in com- For the past 5 years, the Trans-Pa- ments before they are simply dropped pliance with Federal law. It is pretty cific Partnership has been negotiated on us? straight up. in secret. Only in the last few months, This is a simple commonsense The Acting CHAIR. The Chair is pre- Members of Congress have been able to amendment. There is no existing legal pared to rule. see it under the most extreme condi- authority that allows the Trade Rep- The Chair finds that this amendment tions imaginable. I was actually the resentative to do what he has been includes language requiring a new de- first person to be able to see it, and the doing. I say the time is up and we termination as to the status of local Trade Representative came to my of- should insist that these agreements, law. fice with his staff and offered to show which will determine the course of eco- The amendment, therefore, con- it to me, but I couldn’t take any notes. nomic history in America for the next stitutes legislation in violation of 20 or 30 years, are agreements that are b 0030 clause 2 of rule XXI. The point of order negotiated in public with our approval is sustained, and the amendment is not I couldn’t discuss it with my own and with our input. in order. staff. I couldn’t even discuss it with I reserve the balance of my time. Mr. CULBERSON. Mr. Chairman, I AMENDMENT OFFERED BY MR. GRAYSON other Members of this body. And of course I couldn’t make copies or other- claim the time in opposition. Mr. GRAYSON. Mr. Chairman, I have The Acting CHAIR. The gentleman an amendment at the desk. wise help myself to record what I had seen, much less speak to my constitu- from Texas is recognized for 5 minutes. The Acting CHAIR. The Clerk will re- Mr. CULBERSON. Mr. Chairman, the ents about it, much less speak to the port the amendment. gentleman from Florida I know has media about it, much less speak to the The Clerk read as follows: worked in the past as an attorney and public about it. SEC. ll. None of the finds made available represented clients and undoubtedly Respectfully, secret laws are un- by this Act may be used to negotiate or has settled cases before. And those set- American laws; secret agreements are enter into a trade agreement whose negoti- tlement agreements, those negotia- un-American agreements. There is no ating texts are confidential. The limitation tions, when you were designing those described in this section shall not apply in such thing recognized under our Con- agreements, Mr. GRAYSON, I know were the case of the administration of a tax or stitution as a ‘‘secret statute’’ or a ‘‘se- not something that you wanted to dis- tariff. cret treaty.’’ But that is, in effect, close. You wanted to negotiate those what we have been experiencing with- The Acting CHAIR. Pursuant to settlements in private with your client out any legal authority whatsoever on House Resolution 287, the gentleman confidentially, because had the world from Florida and a Member opposed behalf of the Trade Representative. seen what you were working out, that Now, I am not saying the Trade Rep- each will control 5 minutes. would have damaged your client’s abil- The Chair recognizes the gentleman resentative needs to stop negotiating ity to negotiate a fair settlement with from Florida. these agreements; not at all. What I the other party in the case. Mr. GRAYSON. Mr. Chairman, this am suggesting is that we lift the veil of As here, with trade promotion au- amendment is akin to an amendment secrecy that has been dropped over thority, the countries with which the that was considered just a few mo- these negotiations so that we can’t see Trade Representative is negotiating, ments ago offered by Mr. MEADOWS. them, the American people can’t see Japan, for example, I doubt the Japa- This amendment is meant to address a them, but foreign governments can see nese want the Australians to see what problem that has arisen with trade them. the Japanese are agreeing to. That is agreements that has become visible to Why is it that we have confiden- just common sense. I doubt that the all of us as Members of this august tiality? Why is it that we have a classi- Koreans want the Japanese to see what body. fied information system? Generally the Koreans are attempting to agree What has happened is that the Trade speaking, it is not to keep Americans to. Representative, for no apparent legal from seeing this information; it is to So it is perfectly understandable that reason, with no apparent legal author- keep foreigners from seeing this infor- the agreement itself would be confiden- ity, has taken it upon himself to nego- mation. And here the world has been tial until it is finalized. Members of tiate trade agreements like the Trans- turned upside down, and we have a sit- Congress can go see the agreement, but Pacific Partnership in secret—not en- uation where foreigners get to see it, the Korean-American Trade Agreement tirely in secret, just in secret from us but even the highest members of our is going to be confidential until it is fi- and from members of the American own government—our Senators, our nally settled because Korea doesn’t public. Congressmen—we don’t get to see it. want Japan or Australia or Vietnam to The corresponding provision, the That is absolutely unacceptable; it is see what they are negotiating, in the TTIP provision, has been posted by the un-American. same way you did not want your cli- European Union, which is our negoti- The only way to come up with agree- ents, the agreement you were attempt- ating partner in this on the Internet. ments that satisfy the needs of this ing to negotiate on behalf of your cli- The Trans-Pacific Partnership itself country is through an open, fair, trans- ent, you didn’t want to do that in the has been negotiated in secret, but that parent process. That is what this sim- open sunshine. Sunshine is a good has been posted by WikiLeaks, to the ple amendment will accomplish. It thing, but there are times when a nego- embarrassment of our government in says: None of the funds made available tiation like this on a trade agreement an unnecessary manner. in this act, which includes funds made is just common sense. You are not What we have seen over the past sev- to the Trade Representative, may be going to want the other countries that eral years is that the Trade Represent- used to negotiate or enter into a trade you are competing against to see what ative has turned a deaf ear to our con- agreement whose negotiating texts are kind of a deal you are fixing to work cerns as Members of Congress who confidential. out with the United States.

VerDate Sep 11 2014 09:16 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.242 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3745 The Members of Congress can see it, So you have actually got an oppor- may be used, with respect to any of the of course, as we should, and the agree- tunity to have your 2 cents’ worth States of Alabama, Alaska, Arizona, Cali- ment itself must be available to the heard during the course of the negotia- fornia, Colorado, Connecticut, Delaware, public to view 90 days before the Presi- tion. So I would urge Members to op- Florida, Georgia, Hawaii, Illinois, Iowa, Ken- tucky, Louisiana, Maine, Maryland, Massa- dent can even sign the agreement, and pose Mr. GRAYSON’s amendment for the chusetts, Michigan, Minnesota, Mississippi, the Congress is going to have this de- same reason that Mr. GRAYSON always Missouri, Montana, Nevada, New Hampshire, bate. In fact, I understand that this kept his settlement negotiations con- New Jersey, New Mexico, New York, North trade promotion authority agreement fidential on behalf of his clients. Carolina, Oklahoma, Oregon, Rhode Island, that is under discussion, the new law I reserve the balance of my time. South Carolina, Tennessee, Texas, Utah, that Congress is proposing, would for The Acting CHAIR. The gentleman Vermont, Virginia, Washington, and Wis- the first time give either House of Con- from Florida has 15 seconds remaining. consin, or with respect to either the District gress a veto over the agreement with a The gentleman from Texas has 30 sec- of Columbia or Guam, to prevent any of them from implementing their own laws that majority vote. So the House could de- onds remaining. Mr. GRAYSON. Mr. Chairman, I ask authorize the use, distribution, possession, cide on our own to veto a particular or cultivation of medical marijuana. unanimous consent for another minute trade agreement by majority vote; the Mr. ROHRABACHER (during the Senate could veto a trade agreement beyond my 15 seconds. Mr. CULBERSON. I object. We are reading). Mr. Chairman, I ask unani- by majority vote. mous consent to dispense with the The only part of the deal so far that limited to 5 minutes and it is 12:30 at night. reading of the amendment. is confidential is the ongoing negotia- The Acting CHAIR. Is there objection tion, which is exactly the way you han- The Acting CHAIR. There is an objec- tion. The gentleman has 15 seconds. to the request of the gentleman from dled and protected your client’s best California? interest as an attorney. I am quite con- Mr. GRAYSON. First of all, I rep- resent the American public here, not There was no objection. fident as an attorney you handled your The Acting CHAIR. Pursuant to client’s litigation in a way that was the American private. When I was an attorney, I represented private inter- House Resolution 287, the gentleman professional and confidential, and I from California and a Member opposed imagine you never disclosed a pending est, just as you did. Now I represent the public. The reason we refer to the each will control 5 minutes. settlement agreement that was being The Chair recognizes the gentleman negotiated, you never released that American public as the public is be- cause the public’s business needs to be from California. publicly, did you ever, Mr. GRAYSON? Mr. GRAYSON. Is the gentleman public. That means no secret negotia- b 0040 yielding to me? tions, no secret acts, no secret agree- Mr. ROHRABACHER. Mr. Chairman, Mr. CULBERSON. Did you ever re- ments, nothing but the public interest I yield myself 2 minutes. lease a negotiated settlement agree- in public. Today, I ask my colleagues to make ment to the public before it was final- The Acting CHAIR. The time of the a practical as well as a principled vote. ized? gentleman has expired. My amendment would prohibit any Mr. CULBERSON. Mr. Chairman, I Mr. GRAYSON. Is the gentleman Federal funds from being used to super- think Mr. GRAYSON’s answer confirms yielding to me? sede State law in those States that that he did not ever disclose a nego- Mr. CULBERSON. No. Answer my have legalized the use of medical mari- tiated settlement before it was final, question, yes or no. juana. Mr. GRAYSON. Well, I can’t answer and that is just common sense. And Let’s be clear. The intent of this your question unless you are going to here, under trade promotion authority, amendment is to make it illegal for yield to me. the trade agreement, as it is being ne- Federal employees to engage in efforts Mr. CULBERSON. That is why I am gotiated, needs to be kept confidential. to enforce Federal law that makes the asking a question. I am asking you, did But any Member of Congress can go in medical use or distribution of medical you ever release the terms of a settle- and see it and have our voices heard, marijuana illegal in States where the ment agreement you were negotiating object, suggest changes to it, as it is use of marijuana for medical purposes before it was final? being negotiated. And then once it is has been made legal. The Acting CHAIR. The gentleman finalized the text must be made avail- The practical aspect of this vote is from Texas controls the time. able to the public 90 days before the based on the realization that, at a time Mr. CULBERSON. Yes. And I am ask- President signs the agreement, and of severely limited resources, it makes ing a question. then either House of Congress can void sense to target terrorists, criminals, I was an attorney myself. I defended the agreement by a majority vote. We and other threats to the American peo- businesses in civil litigation, and any are going to have this debate, and I ple rather than use Federal law en- settlement agreement that we worked urge Members to oppose this amend- forcement resources to prevent suf- on was done confidentially. And I ment. fering and sick people from using a I yield back the balance of my time. would ask Mr. GRAYSON, did you ever weed that may or may not alleviate The Acting CHAIR. The question is disclose a confidential settlement ne- their suffering. on the amendment offered by the gen- gotiation publicly when you were nego- There are many examples—yes, anec- tleman from Florida (Mr. GRAYSON). tiating on behalf of your client? dotal—in which the use of marijuana The question was taken; and the Act- Mr. GRAYSON. Is the gentleman has helped end severe suffering. ing Chair announced that the noes ap- yielding the balance of his time to me? Trying to prevent this use of mari- peared to have it. Mr. CULBERSON. No, I am not yield- Mr. GRAYSON. Mr. Chairman, I de- juana once it has been legalized by a ing the balance of my time. I am just mand a recorded vote. State government is a travesty, an in- asking a question. The Acting CHAIR. Pursuant to excusable waste of our limited re- I am quite confident Mr. GRAYSON al- clause 6 of rule XVIII, further pro- sources. That is the practical reason to ways kept those negotiations secret. ceedings on the amendment offered by vote for my amendment. That is all that is being kept secret the gentleman from Florida will be As for the principle, we Republicans here. And it is actually not secret be- postponed. claim to base our decisions on indi- cause Members of Congress can go read vidual freedom, on states’ rights as AMENDMENT OFFERED BY MR. ROHRABACHER the text of the trade agreement that is mandated by the 10th Amendment to Mr. ROHRABACHER. Mr. Chairman, being negotiated. And if any of us have the Constitution, and especially on the I have an amendment at the desk. any sort of an objection, that is a good The Acting CHAIR. The Clerk will re- doctor-patient relationship. time to raise it, to tell the Trade Rep- port the amendment. Don’t bother to use rhetoric about resentative that we think this or that The Clerk read as follows: those principles on other issues if you provision is going to either be in viola- At the end of the bill (before the short vote for the Federal Government to su- tion of Federal law or cause a problem title), insert the following: persede individual rights, states’ for American industry and we think SEC. ll. None of the funds made available rights, and the doctor-patient relation- you ought to drop it. in this Act to the Department of Justice ship when it comes to marijuana.

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.244 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3746 CONGRESSIONAL RECORD — HOUSE June 2, 2015 The Acting CHAIR. The time of the trict of Columbia, and Guam. That is 41 Mr. ROHRABACHER. Mr. Chairman, gentleman has expired. total, the majority of the American I yield 30 seconds to the gentleman Mr. ROHRABACHER. I yield myself population. It is a states’ rights issue. from Tennessee (Mr. COHEN). 10 seconds. Support this amendment. Mr. COHEN. I appreciate the time, Stop this waste of limited Federal Mr. FLEMING. Mr. Chairman, how and I appreciate all of the work that law enforcement resources. Stop the much time do I have remaining? Mr. ROHRABACHER and Mr. FARR have roughshod use of the Federal bureauc- The Acting CHAIR. The gentleman done, and I am happy to join with racy from busting down doors to pre- from Louisiana has 31⁄2 minutes re- them. vent sick people from using a sub- maining, and the gentleman from Cali- Mr. Chairman, Justice Brandeis said stance that his or her doctor believes fornia has 21⁄4 minutes remaining. the States are the laboratories of de- might alleviate his or her pain. Mr. FLEMING. Mr. Chairman, I yield mocracy. That is what they are doing Vote for the Rohrabacher amend- 2 minutes to the gentleman from Vir- here. Some of the arguments we have ment. ginia (Mr. GOODLATTE). heard are ‘‘Reefer Madness’’ 2015. It is The Acting CHAIR. The time of the Mr. GOODLATTE. Mr. Chairman, the over. One of the gentlemen said chil- gentleman has again expired. supporters of this amendment claim dren are doing marijuana at age 12. Mr. FLEMING. Mr. Chairman, I rise that this is a states’ rights issue. How- That will show you how good the laws in opposition to the gentleman’s ever, it is not that simple, not hardly. are doing right now. amendment. Drug manufacture and use is inher- If we had more money going into her- The Acting CHAIR. The gentleman ently an interstate problem. oin and not marijuana, we could stop from Louisiana is recognized for 5 min- For example, we need look no further people from dying, and that is what we utes. than at one of the two States where should be doing. Tell Montel Williams, Mr. FLEMING. Mr. Chairman, I yield marijuana has been legalized. The Col- who has MS, that marijuana doesn’t myself 1 minute. orado Department of Revenue has re- work. Tell cancer patients that it First of all, I hear constantly of this ported that 45 percent of marijuana doesn’t help them with nausea. Tell idea about individual rights, about the sales in the State were to out-of-State people that it doesn’t work. 10th Amendment, et cetera. This was ID holders. It works. It helps. It is the States. all settled back in 2005 in the Supreme Indeed, earlier this year, Colorado Mr. ROHRABACHER. Mr. Chairman, Court with Gonzales v. Raich, which Governor Hickenlooper said, ‘‘If I I yield 30 seconds to the gentleman was a 6–3 victory in favor of the gov- could’ve waved a wand the day after from Colorado (Mr. POLIS). ernment’s having preemptive rights the election, I would have reversed the Mr. POLIS. Mr. Chairman, by the when it comes to the drug laws, the election and said, ‘This was a bad way it has been talked about by some CSA. That has been settled. We can idea.’ ’’ on the other side, to be clear, this In fact, Colorado is now being sued claim this over and over again, but amendment does not legalize mari- by Nebraska and Oklahoma, which bring it back to the Court and see if juana. It simply ensures that the Fed- claim Colorado has created a ‘‘dan- you can change that. eral Government doesn’t waste its lim- gerous gap’’ in the control of mari- Now, how is this affecting us in real ited resources in prosecuting men and juana and that marijuana is flowing life? It is now legal in Colorado, but women who are acting in compliance from Colorado to neighboring States. with State and medical marijuana Nebraska and Oklahoma are now suing However, Mr. Chairman, of far great- Colorado. Why? It is because of all of laws. That is all it does. er concern to me is the increased avail- It is very reasonable that States have the problems that are developing ability of marijuana to children, which across the State borders—again, inter- enforcement priorities in this area, and will inevitably result from a loosening we want our Federal resources geared state commerce, a big problem. of restrictions on this dangerous drug. Let’s talk about the huge problem towards crime that we view as more Though my colleagues may not like important. Have them go after the that marijuana represents. First of all, it, marijuana remains a schedule I nar- it has no accepted medical use. meth lab. Have them go after the her- cotic because it has a high potential oin ring. The Acting CHAIR. The time of the for abuse and no legitimate medical gentleman has expired. use. In fact, Mr. Chairman, statistics b 0050 Mr. FLEMING. I yield myself an ad- show that 78 percent of the 2.4 million Colorado has had legal medical mari- ditional 30 seconds. people who began using marijuana last juana for nearly a decade. Some in our There are synthetic marijuana year were aged 12 to 20. State are for it; some are against it. It equivalents that are useful—yes, in- There is little doubt that this drug is our right as a State to determine deed—but the drug itself, which is the poses a significant danger to our chil- that. That is why I support this amend- smokeable part of it, is not safe and dren, and I urge a ‘‘no’’ vote on this ment. has not been accepted. amendment. Mr. ROHRABACHER. I yield 30 sec- Here is the thing. It is known to have Mr. ROHRABACHER. Mr. Chairman, onds to the gentlewoman from Nevada brain development alterations; schizo- I yield 30 seconds to the gentlewoman (Ms. TITUS). phrenia and other forms of mental ill- from California (Ms. LEE). Ms. TITUS. Mr. Chairman, this ness, psychosis; heart complications; Ms. LEE. I want to thank the gen- amendment is about standing up for and an increased risk of stroke. tleman for yielding and for his leader- states’ rights and protecting busi- A study recently found that even cas- ship on this amendment. nesses, doctors, and patients who are ual users experience severe brain ab- Mr. Chairman, of course, I rise in acting legally under the medical mari- normalities found on MRIs and that support of this bipartisan amendment. juana laws of some 41 States and terri- pot smoking leads to the loss of ambi- In States with medical marijuana tories, including Nevada. Congress tion; to lower IQs; and that it impairs laws, patients now face uncertainty re- needs to catch up with State legisla- attention, judgment, memory, and garding their treatment, and small- tures, and the Federal Government many other things. business owners, who have invested needs to stop wasting money busting I reserve the balance of my time. millions in creating jobs and revenue, good citizens who are trying to do the Mr. ROHRABACHER. Mr. Chairman, have no assurances for the future. right thing. I yield 2 minutes to the gentleman It is way past the time for the Jus- Mr. FLEMING. I continue to reserve from California (Mr. FARR). tice Department to stop its unwar- the balance of my time. Mr. FARR. Mr. Chairman, Congress ranted persecution of medical mari- Mr. ROHRABACHER. Mr. Chair, who needs to represent the States that they juana and to put its resources where has the right to close? were elected in. It is time that we rep- they are truly needed. There is no way The Acting CHAIR. The gentleman resent them here in the United States that Members of Congress should tell from California has the right to close. Congress to allow medical marijuana people who live in States where these Mr. ROHRABACHER. That is correct. laws in those States that have been ap- laws have been passed that what their I reserve the balance of my time. proved by the voters and approved by doctors prescribe, which could prevent Mr. FLEMING. May I inquire how their legislatures—39 States, the Dis- pain, should not be allowed. much time I have remaining?

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.248 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3747 The Acting CHAIR. The gentleman Mississippi, has been legally growing states’ rights, limited government, and from Louisiana has 2 minutes remain- pot for over 40 years and studying it, so people making choices about their own ing, and the gentleman from California it has been studied. lives and being responsible for their has 15 seconds remaining. Mr. FATTAH. Reclaiming my time, I families and not shoving that off on Mr. FLEMING. Let me say, first of know a little bit about this subject. the Federal Government. all, this whole idea of medical mari- The bottom line is that in terms of its Mr. FATTAH. Reclaiming the bal- juana is a big joke. It is an end run medical viability, in terms of epilepsy ance of my time, I think I hear that around the laws. There are more pot and a lot of other issues, there is some echo again about the right to be left shops in California than there are need for a real study of this, not just alone. Starbucks or McDonald’s; okay? about the way that we have proceeded I yield back the balance of my time. Now, is it really a medical treat- so far. I think that this amendment Mr. ROHRABACHER. Let me just say ment? Well, the AMA says no. The and what is happening in the States this. I just wish you would have talked American Society of Addiction Medi- should be allowed to go forward. to the very doctors and people I know cine says no. Even the American Glau- I yield 11⁄2 minutes to my colleague that have been suffering, and they have coma Society, which is of course in from California (Mr. ROHRABACHER) for gone to their doctor and asked for help, charge of glaucoma treatment, says an opportunity to close on this subject. and the doctors have said, ‘‘Yes, med- that this is not a medical treatment At that point then I would yield back ical marijuana will help you’’—to be- for glaucoma. So there is no single ap- the remainder of my time. lieve that the Federal Government can proved use of marijuana for medical The Acting CHAIR. The gentleman stop that. diseases. may not yield blocks of time and must I have met people whose suffering has The whole idea about medical mari- remain on his feet. been alleviated. Some veterans I know juana is to get around the laws on le- Mr. FATTAH. I yield 11⁄2 minutes to have gone through seizure after sei- galization or illegalization of mari- Mr. ROHRABACHER. zure, and they were only helped by juana. But make no mistake about it, The Acting CHAIR. The gentleman medical marijuana. If we have a heart, the most common addiction diagnosis may not yield blocks of time. if we have our beliefs, let’s make sure for young people admitted to drug Mr. FATTAH. I yield such time as he that we stand for freedom in this vote. treatment centers is addiction to mari- may consume, as long as he doesn’t go I yield back the balance of my time. juana. The rate is 9 percent addiction over 11⁄2 minutes. The Acting CHAIR. The question is rate in adults; it is 17 percent in young Mr. ROHRABACHER. I appreciate on the amendment offered by the gen- people. that from my colleague. tleman from California (Mr. ROHR- We all know the studies show very Look, our Founding Fathers didn’t ABACHER). clearly that the States that are more want criminal justice to be handled by The question was taken; and the Act- permissive have higher addiction and the Federal Government. I don’t know ing Chair announced that the ayes ap- abuse rates than any others. We also what government you want to have in peared to have it. know that NIDA tells us that it is a de- our country, but most of us here don’t Mr. FLEMING. Mr. Chairman, I de- velopmental disease. What does that believe that the Federal Government— mand a recorded vote. mean? It means the younger a child is neither did our Founding Fathers—is The Acting CHAIR. Pursuant to exposed to it, the more likely that an all-wise system, that the Federal clause 6 of rule XVIII, further pro- child will later become an addict to Government is the only government ceedings on the amendment offered by something else, like methamphet- that has wisdom to make the decisions the gentleman from California will be amine, prescription drugs, heroin. So if for the families. postponed. you support this, which is really the le- This is absolutely absurd to think AMENDMENT OFFERED BY MR. GRAYSON galization of marijuana, then you are that the Federal Government is going Mr. GRAYSON. I have an amendment really supporting allowing our children to mandate all of these things even at the desk. to be harmed and addicted to this ter- though the people of the States and The Acting CHAIR. The Clerk will re- rible drug. other doctors, many other doctors, port the amendment. Now, I am all in favor of research, would like to have the right to pre- The Clerk read as follows: and we are in discussions with DEA scribe to their patients what they At the end of the bill (before the short about allowing it in some way, whether think is going to alleviate their suf- title), add the following new section: we go to a 1a category to allow such re- fering. No, we should not get in the SEC.ll. None of the funds made available by this Act may be used to compel a person search. Some suggest that it may have way. As I said in the first debate, it is sinful for us to try to get in the way to testify about information or sources that some benefit for seizures. That is yet the person states in a motion to quash the to be seen. Some suggest that it may between a doctor and his patient, say- subpoena that he has obtained as a jour- be beneficial to those who have spastic ing, Oh, no, the Federal Government nalist or reporter and that he regards as con- muscle disease, but there is absolutely knows better. fidential. no proof of that. This is a states’ rights issue. This is The Acting CHAIR. Pursuant to So with that, I urge everyone to op- the issue of what our Founding Fathers House Resolution 287, the gentleman pose this amendment. had in mind for this country, where the from Florida and a Member opposed I yield back the balance of my time. decisions would be made like this. each will control 5 minutes. Mr. FATTAH. Mr. Chair, I move to They didn’t want the Federal Govern- The Chair recognizes the gentleman strike the last word. ment to have a police force that can from Florida. The Acting CHAIR. The gentleman bust in people’s doors. No. They wanted Mr. GRAYSON. Mr. Chairman, this from Pennsylvania is recognized for 5 to have individual freedom, personal amendment has nothing to do with minutes. choice. They want parents to take care medical marijuana. It was passed last Mr. FATTAH. Mr. Chairman, not- of their kids. They didn’t want an all- year by a vote of this body of 225–183; in withstanding the doctor’s remarks, the controlling nanny State to control our other words, it passed by a majority of truth is that almost no research has lives. That is what this country was 42 votes. been put into marijuana in terms of its supposed to be all about. I thought that medical efficacy. You have epilepsy is what Republicans were supposed to b 0100 and a whole host. be all about, and I hope my Republican The purpose of this amendment is to Mr. FLEMING. Will the gentleman colleagues will start reexamining raise the possibility of a Federal shield yield on that? whether or not they believe in the fun- law that corresponds to protections al- Mr. FATTAH. I yield to the gen- damental principles of limited govern- ready in place in 49 States but not at tleman from Louisiana. ment and individual freedom that we the level of the Federal Government. Mr. FLEMING. Okay. I am not going have always talked about. Again, to be clear about this, 49 to dominate the gentleman’s time. So I would ask my colleagues to join States have a Federal shield law. The This has been under study for over 40 me, reaffirm what our Founding Fa- Federal Government does not—at least years. My university, the University of thers had in mind, which is freedom, up to this point.

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.250 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3748 CONGRESSIONAL RECORD — HOUSE June 2, 2015 A shield law is designed to protect a Texas, and I reserve the balance of my gitimate journalists and reporters and reporter’s privilege: the right of news time. should be defeated. I urge my col- reporters to refuse to testify on infor- Mr. CULBERSON. I claim the time in leagues to join me in voting against it. mation and sources of information ob- opposition. Mr. GRAYSON. This is the same pa- tained during the news gathering and The Acting CHAIR. The gentleman rade of horribles that we heard last dissemination process. In short, a re- from Texas is recognized for 5 minutes. year before this body voted in favor of porter should not be forced to reveal Mr. CULBERSON. I urge my col- the Grayson amendment. It is almost his or her sources under penalty of im- leagues to oppose this amendment. It is the same, word for word. prisonment. drafted far too broadly. And I would Last year, we heard that this some- This issue has come up in court cases point out that in a grand jury pro- how would allow people to self-certify. at the Federal level and the Supreme ceeding—those that occur in the Dis- Well, in fact, anybody who self-cer- Court level, beginning with the 1972 trict of Columbia, for example, are tifies falsely in front of a grand jury is case of Branzburg v. Hayes. In that done under the auspices of the Depart- looking at a lot more than 83 days in case, a reporter wished to inform his ment of Justice, and that is a Federal jail. They are looking at 5 years in readers about the nature of the drug grand jury proceeding. A journalist Federal prison. They would be pros- hashish, and he realized that the only would not have the privilege of pro- ecuted for perjury if they claimed to be way to go about that was to actually tecting the confidentiality of his a journalist and weren’t actually a find and interview people who had ac- sources because in a grand jury every- journalist—a fact that I pointed out tually used the drug hashish, so he did thing that is discussed is absolutely last year before this amendment was that. confidential. actually passed. After he published his article, relying I also, frankly, think it is aston- I also want to point out that there is upon two confidential sources, he was ishing that under Mr. GRAYSON’s no distinction between a grand jury subpoenaed by the police to provide his amendment a journalist has the ability and an actual jury for this purpose. sources so that they could be arrested, to self-certify what is confidential and Forty-nine States all agree that there compromising their identity and com- what is not. I certainly agree with the is no distinction whatsoever. So it is promising his journalistic integrity. So principle of a strong and free press, but simply false to say that this doesn’t apply to grand jury proceedings. It cer- he was forced to choose whether he Mr. GRAYSON’s amendment is written would conceal his sources and go to far too broadly and, frankly, would not tainly would apply and does apply to prison or he would reveal his sources provide protection to a journalist in a all grand jury proceedings at the State and have them go to prison, simply be- grand jury setting. I think he has ne- level. And there is nothing vague about cause he wanted to inform the public glected that problem. this provision at all. In fact, the word- about this matter of concern. I yield to the gentleman from Vir- ing that has been referred to here, that Some of us may remember the case of ginia (Mr. GOODLATTE), the chair of the the information has been attained as a Valerie Plame, who was publicly iden- Judiciary Committee, to also speak in journalist or reporter, is exactly the tified as a covert operative. Reporters opposition to this amendment. same wording that was in the Grayson were continually asked to name the Mr. GOODLATTE. I want to thank amendment last year that passed with sources used in their reporting, and one the chairman of the subcommittee for a margin of 42 votes. reporter was jailed for 85 days for re- joining me in opposition to this amend- So none of these old attacks, these fusing to disclose sources in that gov- ment. unsuccessful attacks, are anything new ernment probe. Shield laws for reporters are not a and deserve any more credence than At this point, under current law, bad concept at all, but this is hardly they received from a majority of this journalists are in a quandary—an un- the way to go about doing it. No State has a law like this language here, body last year. necessary and unhealthy quandary. I yield back the balance of my time. They realize that they need to protect where it is so vague that virtually any- Mr. CULBERSON. Mr. Chairman, their sources, but that right is codified one in the United States claiming to be with that, I would urge Members to op- only at the State level and not yet at a journalist or reporter—and, by the pose the amendment and urge Members the Federal level. way, nowadays, when lots of people to vote ‘‘no’’, and I yield back the bal- So what I am seeking to do, as I did maintain blogs or posts on the Inter- ance of my time. last year with the assistance of this net, they could easily claim to be a The Acting CHAIR. The question is House, is to offer the journalists the journalist or reporter—would be cov- on the amendment offered by the gen- protection they should have in order to ered by this. tleman from Florida (Mr. GRAYSON). do their jobs properly. So no one intends to have that broad The question was taken; and the Act- Freedom of the press is not just an an exception that would allow anyone ing Chair announced that the noes ap- important principle, but it is part of to evade the requirements that they re- peared to have it. the foundation of American law. The spond to a legitimate subpoena for in- Mr. GRAYSON. Mr. Chairman, I de- Constitution and the First Amendment vestigation by law enforcement, a vio- mand a recorded vote. provide for freedom of speech and of lation of the law. The Acting CHAIR. Pursuant to the press. It is completely incongruous This is far too broad. It is something clause 6 of rule XVIII, further pro- to say that we have freedom of the that clearly should be handled by the ceedings on the amendment offered by press, but the Federal Government authorizing committee, the Judiciary the gentleman from Florida will be could nevertheless subpoena sources Committee, which worked on this for a postponed. and put reporters in prison if they long period of time and has struggled AMENDMENT OFFERED BY MR. MCCLINTOCK don’t comply. with that very definition of journalist Mr. MCCLINTOCK. Mr. Chairman, I I think that we should have settled or reporter that the gentleman from have an amendment at the desk that I this issue years if not decades ago. We Florida simply glosses over in this. offer with the gentleman from Colo- did settle it last year successfully in And then, to give further exception rado (Mr. POLIS). this body, but we are here today to try to simply say that that individual who The Acting CHAIR. The Clerk will re- to address it once more. first claims they are a journalist or re- port the amendment. Respectfully, I submit this amend- porter and then says, Oh, yeah, that is The Clerk read as follows: ment as a much-needed and long de- confidential, that would breed criminal At the end of the bill (before the short layed clarification that the Federal misconduct because criminals would be title), insert the following: Government treats the issue of freedom before the court claiming that they SEC. ll. None of the funds made available of the press just as respectfully and were reporters and that they regarded in this Act to the Department of Justice their information as confidential and, may be used, with respect to any of the just as importantly as the great major- States of Alabama, Alaska, Arizona, Cali- ity of our States do—49 out of 50. therefore, do not have to respond to a fornia, Colorado, Connecticut, Delaware, I ask for support of this amendment subpoena. Florida, Georgia, Hawaii, Illinois, Iowa, Ken- from my esteemed colleague, the gen- This is a very harmful, very bad way tucky, Louisiana, Maine, Maryland, Massa- tleman from the Seventh District of to go about providing protection to le- chusetts, Michigan, Minnesota, Mississippi,

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.254 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3749 Missouri, Montana, Nevada, New Hampshire, Mr. FLEMING. Mr. Chairman, I rise we continue to regulate dispensaries to New Jersey, New Mexico, New York, North in opposition to the amendment. make sure they are not schools; rather Carolina, Oklahoma, Oregon, Rhode Island, The Acting CHAIR. The Chair recog- than have a corner street dealer who South Carolina, Tennessee, Texas, Utah, nizes the gentleman from Louisiana for doesn’t care if they are selling to a 14- Vermont, Virginia, Washington, and Wis- consin, to prevent any of them from imple- 5 minutes. year-old, we moved that away and reg- menting their own laws that authorize the Mr. FLEMING. Mr. Chair, I yield my- ulated it in a way to make sure that use, distribution, possession, or cultivation self 2 minutes. minors don’t have access to marijuana. of marijuana on non-Federal lands within My friend Mr. MCCLINTOCK makes the That is the Colorado that I am from. I their respective jurisdictions. point that this should be an experi- welcome you to come visit. I welcome Mr. MCCLINTOCK (during the read- ment within the States, and certainly, you to visit. ing). Mr. Chair, I ask unanimous con- that is something that has been a long- You know what, I don’t have to con- sent to dispense with the reading. held goal and value, but we already vince you. I don’t have to convince the The Acting CHAIR. Is there objection have that ongoing. State of Louisiana that they should do to the request of the gentleman from Today, Colorado, as everyone knows, anything. I just wish that you would California? has legalization of marijuana, notwith- leave my sovereign State of Colorado There was no objection. standing what is going on with the alone. The Acting CHAIR. Pursuant to Federal Government and its laws, and Let our people and our State govern- House Resolution 287, the gentleman the information is rolling in, and the ment decide what we want to do with from California and a Member opposed information is bad. The black market regard to marijuana, rather than the each will control 5 minutes. is worse than ever when it comes to Federal agents going around trying to The Chair recognizes the gentleman drugs. Interstate commerce has in- arrest people for doing activities that from California. creased, not decreased. are fully legal under State law. That is Mr. MCCLINTOCK. Mr. Chairman, I Again, as I stated before, two States, all I ask. yield myself 2 minutes. Oklahoma and Nebraska, are now suing I am not going to send Federal troops Mr. Chairman, this amendment is not Colorado over the bleedover of prob- into Louisiana to arrest people from an endorsement of marijuana. I have lems that are occurring. The strength whatever you do down there, smoking never used it. My wife and I raised our of marijuana is much stronger today in crayfish. You want me to ban that and children never to use it. And I believe Colorado than it has ever been. The send Federal troops down there? I bet that local schools ought to assure that problems are much worse. We are actu- maybe smoking crayfish ain’t good for every American is aware of the risks ally seeing related deaths, accidents; you. I don’t know. What if it is fried? It and dangers that it may pose. and we have even had an overdose might clog your arteries, huh? I bet This amendment addresses a much death now with the stronger forms of that is not good for you. larger question: whether the Federal marijuana. You want me to send Federal troops Government has the constitutional au- Look, if this is about allowing doc- down there? Is that what you want? Do thority to dictate a policy to States on tors to work with their patients, let’s you want me to send Federal troops to matters that occur strictly within admit it. We don’t allow, as a society, Louisiana to stop you from eating fried their own borders. I believe that it does doctors to just do anything with any crayfish? not. But even if it does, I believe that patient. We do have some guidelines Mr. FLEMING. Will the gentleman it should not. and restrictions. yield? Mr. POLIS. Yeah, I would like your In 1932, Supreme Court Justice Louis Furthermore, children are the end re- answer. Yes or no? Brandeis described the beauty of the sult of bad decisions in all this. We The Acting CHAIR. The gentleman 10th Amendment this way. He said: ‘‘A know that the more it is in the homes, the more it is going to get into the will suspend. State may, if its citizens choose, serve All Members are reminded to direct brains and bloodstream of children. as a laboratory; and try novel social their remarks to the Chair. and economic experiments without risk Again, I will mention the number of Mr. POLIS. Mr. Chairman, I would to the rest of the country.’’ problems that are developing from it like to inquire of the gentleman from are growing, mostly from what we are 0110 Louisiana if he wants us to send Fed- b seeing in Colorado. Studies show that That is exactly what States like Col- eral troops to Louisiana to stop them MRI scans show, even in casual users, from eating fried crayfish. I am happy orado and Oregon have done with legal- profound brain changes. We see that ization and what many more have done to yield for an answer. the area that deals with ambition is Mr. FLEMING. If the gentleman is with aspects of it. They believe that being greatly affected, thus, the ambi- yielding to me, I would point out that the harm that might be done by easier tion killer sort of knowledge that we the Colorado he describes does not access to this drug is outweighed by re- have and understand about this drug. exist. moving the violent underground econ- IQ, studies show a lowering of IQ. Mr. POLIS. Reclaiming my time, I omy that is caused by prohibition. The Acting CHAIR. The time of the am from Colorado. I know Colorado in- I don’t know if they are right or gentleman has expired. side and out, and we have been tremen- wrong, but I would like to find out, and Mr. FLEMING. I reserve the balance dously successful in reducing the abuse their experiment will inform the rest of of my time. of marijuana among minors. the country. Mr. MCCLINTOCK. Mr. Chairman, I Again, it shouldn’t be up to us to Now, the Federal Government has a am pleased to yield 2 minutes to the convince him, just as I don’t have to legitimate authority to protect neigh- gentleman from Colorado (Mr. POLIS), eat their darn fried crayfish—I don’t boring States by forbidding transport the cosponsor of this amendment. want it. I don’t want it. Get the Fed- across State lines, which this amend- Mr. POLIS. I thank the gentleman eral law enforcement apparatus to ment protects; but, at the same time, from California for bringing forward leave our State alone. it protects the right of a State’s citi- this amendment. That is all this amendment does, is zens to make this decision within their I say to my friend, the gentleman respect the sovereign will of the people own boundaries. from Louisiana, I am actually from of my great State of Colorado to have It is not necessary to become em- Colorado, and I don’t recognize the Col- innovative policies to reduce the abuse broiled in the debate over marijuana. orado that you are talking about. of marijuana. These States are having that debate I come from the Colorado where un- The Acting CHAIR. The time of the and establishing their laws. derage marijuana use is down since le- gentleman has expired. The question is over the right of galization. I am from the Colorado Mr. FLEMING. Mr. Chairman, how their people to have these debates, to where we have driven criminal cartels much time do I have left? make these decisions, and for the rest that seek to prey on our children every The Acting CHAIR. The gentleman of the Nation to observe and benefit day out of business. from Louisiana has 3 minutes remain- from the outcome for good or ill. I am from the Colorado where our ing. The gentleman from California has I reserve the balance of my time. violent crime rates are down and where 11⁄4 minutes remaining.

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.105 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3750 CONGRESSIONAL RECORD — HOUSE June 2, 2015 Mr. FLEMING. I yield myself an- Mr. FLEMING. Mr. Chairman, how The Clerk read as follows: other minute. much time do I have? At the end of the bill (before the short What we are finding out from Colo- The Acting CHAIR. The gentleman title), insert the following: rado, we are learning a lot of lessons. from Louisiana has 2 minutes remain- SEC. ll. None of the funds made available One is the way that marijuana is now ing. by this Act may be used to take any action getting into baked goods, gummy Mr. FLEMING. And who has the to prevent a State from implementing any bears. There is a huge spike in emer- right to close? law that makes it lawful to possess, dis- The Acting CHAIR. The gentleman tribute, or use cannabidiol or cannabidiol gency room visits, children who are oil. overdosing on marijuana. from Louisiana has the only time re- Know that if you look, if you actu- maining. The gentleman from Cali- Mr. PERRY (during the reading). Mr. ally read what the media says and fornia yielded back the balance of his Chair, I ask unanimous consent to dis- what the studies show is there are in- time. pense with the reading. creasing problems in Colorado, not de- Mr. FLEMING. Again, my good The Acting CHAIR. Is there objection creasing problems. friend from California would suggest to the request of the gentleman from Mr. POLIS. Will the gentleman that, really, Federal laws have no ap- Pennsylvania? yield? plication, that we should just turn all There was no objection. Mr. FLEMING. I’m sorry, but I can’t laws and law enforcement over to the The Acting CHAIR. Pursuant to yield. States. That simply isn’t the case. House Resolution 287, the gentleman Mr. POLIS. The gentleman is inac- Again, yes, the Federal Government from Pennsylvania and a Member op- curate with regard to his characteriza- does have jurisdiction. It is called the posed each will control 5 minutes. tion of my State. CSA, the Controlled Substances Act, The Chair recognizes the gentleman The Acting CHAIR. The gentleman and it has been around for a long time, from Pennsylvania. will suspend. It is the gentleman from and it is enforced by the DEA and Mr. PERRY. Mr. Chairman, I yield Louisiana’s time. many other agencies. I would just say myself such time as I may consume. Mr. POLIS. Parliamentary inquiry. that the gentleman is just flat wrong Mr. Chairman, it is important to talk The Acting CHAIR. Does the gen- on that and that the Supreme Court about what this amendment is not, as tleman from Louisiana yield for a par- came down on my side. much as to talk about what it is. This liamentary inquiry? Again, we can have different opin- amendment in no way federally legal- Mr. FLEMING. I do not yield. ions, but that is where we are today. I izes marijuana. It does not allow for The Acting CHAIR. The gentleman would suggest that perhaps we get the the recreational use of marijuana, and does not yield. The time is controlled Supreme Court to rule differently if we I maintain that I am still opposed to by the gentleman from Louisiana. believe differently. the recreational use of marijuana. Mr. FLEMING. Back to the constitu- b 0120 What it does is it simply prevents the Federal Government from interfering tionality, we may all have different But again, what is important to me in States that have legalized CBD and opinions about this, but it has been is not the law. What is important to CBD oil. settled. me is what is happening to the children CBD—cannabidiol is how you pro- The Supreme Court in 2005, Gonzales of our Nation, especially Colorado: nounce it—is an extract from hemp. v. Raich, 6–3, said that the Federal overdosages, brain changes, loss of IQ, CBD oil has been known to reduce the Government does have a right to en- memory loss, and cognitive impair- amount or duration of seizures in those force drug policies and for good reason ment. suffering from epilepsy or other seizure because we know that drugs cross Marijuana smoke has four times the disorders. CBD oil contains no THC, State lines. It is an interstate com- tar of cigarette smoke. Who really be- the active psychotropic ingredient that merce issue. What happens in one State lieves that we are not going to see an makes people high. It contains none. affects the other States. epidemic down the road of lung cancer Numerous families in my district The Acting CHAIR. The time of the related to marijuana? gentleman has expired. As far as use for medical purposes, have children with epilepsy, and they Mr. FLEMING. I reserve the balance again, we don’t have a single approved are out of options. They have tried all of my time. specific use of marijuana for medical the FDA-approved drugs, and they sit Mr. MCCLINTOCK. Mr. Chairman, purposes. And for heaven’s sakes, we and they watch their children fade the arguments we are hearing from Mr. know that up to 17 percent of people away. And that is their option. They FLEMING are the arguments that ought who use it become addicted to it. So can either do that, they can break the to be heard in the States. I would re- the first rule for us as physicians—and law, or they can move somewhere mind him this measure does not affect I have been a doctor for 40 years—is where they can get CBD. Some have marijuana laws involving any conceiv- first do no harm. Well, we are doing a had to move to States where it is legal. able Federal jurisdiction. lot of harm with marijuana by legal- They have had to split their families It does not affect Federal districts or izing it and liberalizing its use. apart to care for their children. territories. It does not affect Federal Mr. Chairman, I urge my colleagues Mr. Chairman, 17 States—most re- jurisdiction over interstate commerce, to vote against this amendment, and I cently, Texas, where the good chair- including the Federal Government’s re- yield back the balance of my time. man resides—have legalized CBD. sponsibility to interdict transport The Acting CHAIR. The question is These States have made the choice to among States. on the amendment offered by the gen- help children with epilepsy and seizure It does not affect the Federal juris- tleman from California (Mr. MCCLIN- disorders. Parents who want to treat diction over Federal land. It does not TOCK). their children should not be hindered affect Federal jurisdiction over the im- The question was taken; and the Act- by Federal prohibition. portation of marijuana from abroad. It ing Chair announced that the noes ap- With that, Mr. Chairman, I yield only affects jurisdiction that is strictly peared to have it. such time as he may consume to the and solely the rightful province of the Mr. MCCLINTOCK. Mr. Chairman, I gentleman from Illinois (Mr. DOLD), my States as pertains to their affairs demand a recorded vote. good friend. strictly and solely within their own The Acting CHAIR. Pursuant to Mr. DOLD. Mr. Chairman, I want to borders. clause 6 of rule XVIII, further pro- thank my good friend from Pennsyl- At some point, Mr. Chairman, we ceedings on the amendment offered by vania. must ask ourselves: Do we believe in the gentleman from California will be Mr. Chairman, last week I had an op- the 10th Amendment or do we not? Do postponed. portunity to sit down with Sophie we believe in federalism or do we not? AMENDMENT OFFERED BY MR. PERRY Weiss, an inspiring young girl from Illi- Do we believe in the architecture of Mr. PERRY. Mr. Chairman, I have an nois. In many ways she is a very nor- our Constitution or do we not? Do we amendment at the desk. mal girl who enjoys spending her days believe in freedom or do we not? The Acting CHAIR. The Clerk will re- playing with her sisters, but she also I yield back the balance of my time. port the amendment. suffers from a severe form of epilepsy

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.257 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3751 that does not allow her to respond to finding, in some cases, pretty severe of dollars of research to be sure that the traditional medication. Because of side effects. what we give the public is going to be this, she suffers through upwards of 200 One of the things that hasn’t been healthy for them and safe for them. seizures each and every day. Mr. Chair- discussed on this issue is, just as we You may recall a drug that was pre- man, she can’t read. She is 9 years old. don’t allow people or encourage people, scribed for pregnancy, nausea and preg- Her 6-year-old sister reads to her. She at least, to eat mold in order to get nancy, which was approved back in Eu- can’t do this because she blacks out penicillin as an antibiotic for disease, rope but not approved here, and we and she seizes hundreds of times each it doesn’t make any sense to give a raw found out that babies were born with- and every day. plant as a medication. What we do in out arms and legs as a result. Saving Unfortunately, Sophie’s story is not health care by using the scientific children in America—why? Because we unique, and there are girls just like method is to extract the component, waited to be sure that not only was it Sophie in every State and every dis- make sure we have a precise measure- efficacious, but it was safe. trict across our country. ment, fully study it for safety and for So I would say to my friends, my Mr. Chairman, we have already found efficaciousness, and then we prescribe heart is in the same place. I want to lifesaving seizure relief for some fami- it under the direction of a physician. see treatment for children who may lies. In Illinois, CBD oil is legal and has The CBD oil right now is not being have severe seizure disorders. We have shown to drastically reduce the fre- produced. It is not in a pill or it on a fast track. We may be months quency of seizures. But because of anti- injectable form or even in a liquid away. quated laws and Federal bureaucracy, form. It is sort of grown on the side, But I don’t think turning this over to this relief is unavailable to many. and people are sort of experimenting parents and others who may fiddle with Over and over again, the Federal with it to see whether it works. it and experiment with it, in essence, Government has stood in the way of ac- What I would say to my colleagues is making our children guinea pigs, is the cess to lifesaving care for these chil- let’s let this thing play out. Let the right way to go. dren. Why would we allow even one FDA finish its fast-track evaluation. If There are centers that are doing child, Mr. Chairman, to suffer while they find it to be efficacious and safe, these studies, and certainly children waiting for other options to be ap- let them put it in the proper measure- can go and talk to those doctors, get proved? If this natural therapy can ment form. Let’s make sure we know on their studies, and get the trials. But help even one family, ensuring access what all the side effects are. As far as I would again warn people that the pre- to it is a must. I am concerned, we would make it a liminary results are not good, and in Mr. Chairman, I came to Washington nonscheduled drug. some cases we are seeing adverse side to fight for commonsense, bipartisan Mr. Chairman, I reserve the balance effects. reform that will improve the day-to- of my time. So I think we need to stay with the day lives of the people that I represent, Mr. PERRY. Mr. Chairman, may I in- scientific method. We need to stay with and that is exactly what this amend- quire as to how much time is remain- the discipline that has made us the ment does. Quite simply, it ensures ing. leader in the world when it comes to that States that already have legalized The Acting CHAIR. The gentleman health care. We should not depart from CBD oil can do so without Federal in- from Pennsylvania has 1 minute re- something that has been proven right. terference. maining. The gentleman from Lou- I yield back the balance of my time. Helping these families is a reform isiana has 3 minutes remaining. Mr. PERRY. Mr. Chairman, I yield 30 that we should all be able to get be- Mr. PERRY. Mr. Chairman, I reserve seconds to the gentleman from Georgia hind. Regardless of political party, we the balance of my time. (Mr. AUSTIN SCOTT), my friend. can agree that the government’s role is Mr. FLEMING. Mr. Chairman, I con- Mr. AUSTIN SCOTT of Georgia. Mr. not to prevent families from getting tinue to reserve the balance of my Chairman, I just want to thank Mr. access to lifesaving treatment. time. PERRY for his work on this. Mr. Chairman, as a father looking at Mr. FATTAH. Mr. Chairman, I move I have a friend in my district who has these children who suffer from thou- to strike the last word. been seen on TV many times because sands of seizures, who literally can’t The Acting CHAIR. The gentleman they have to carry their child to Colo- live their lives normally, is something from Pennsylvania is recognized for 5 rado for this treatment. And I have had that we can and must change. This minutes. extensive discussions not only with Mr. FATTAH. Mr. Chairman, I rise in amendment offers hope to thousands of people in Georgia who need this treat- support of the amendment offered by individuals and their families, and I ment for their kids, but with the sher- my colleague from Pennsylvania. iffs of my district as well. I certainly urge my colleagues to help children Again, I think this is a similar thrust wouldn’t support the cannabis oil and like Sophie in their districts by adopt- to the previous debate, so I won’t pro- the use of cannabis oil and those type ing this commonsense amendment. long it. But we need to be exploring re- Mr. FLEMING. Mr. Chairman, I rise of things if my local sheriffs were not lief for families in which no other relief in opposition to the amendment. in favor of it. is available and for individuals in The Acting CHAIR. The gentleman You might be interested to know which no other relief is available. This from Louisiana is recognized for 5 min- that the Georgia Sheriffs’ Association provides an opportunity for potential utes. actually endorsed a piece of legislation relief. We should explore it. Mr. FLEMING. Mr. Chairman, I yield a couple of years ago that would allow Mr. Chairman, I thank the gentleman myself 2 minutes. the use of cannabis oil for these chil- for offering the amendment, and I yield Mr. Chairman, some of the things dren with seizures. back the balance of my time. that have been said about this are The Acting CHAIR. The gentleman The Acting CHAIR. The time of the quite true. First of all, it is pro- from Pennsylvania has the right to gentleman has expired. nounced—I can’t even say it myself. We Mr. PERRY. Mr. Chairman, some close. will say CBD oil for short. Mr. PERRY. Mr. Chairman, I reserve things have been said about the side ef- It is not psychoactive, although it is the balance of my time. fects of this. These are not the same an extract from the plant of marijuana. Mr. FLEMING. Mr. Chairman, what side effects as with people who smoke There have been anecdotal reports that my colleagues are suggesting here is marijuana. This is not smoke. This is it reduces seizures in kids who have se- that we just pull a plant from some- an oil extract, usually given with the vere seizure disorders, so-called Char- place or something off the shelf and we care of a doctor. It is not some weed lotte’s Web. It is actually on fast-track give it to children, something that has grown along the road; it is actually evaluation by the FDA both for safety not been a practice in probably 100 classified in the therapeutic temp cat- and for effectiveness. Actually, the years. egory because the plant has very sci- early reports are disappointing. De- entific properties. spite the anecdotal reports, they are b 0130 I understand and I respect the gen- not finding, thus far, the benefits that We just don’t do it that way. That is tleman from Louisiana very much. have been promised. Also, they are why we spend millions, if not billions, When he says that he is concerned

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.261 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3752 CONGRESSIONAL RECORD — HOUSE June 2, 2015 about the side effects for these chil- October, the waters of the United national activities in terms of the con- dren, understand children are in hos- States, and regulations on coal-fired duct of foreign policy, not this Presi- pice, they are looking at their final power plants. dent or some other President, but the days, their parents are looking at their I wonder why do we want to fund pro- President of the United States has that final days. They take the oil extract grams, panels, and treaties that create burden and that responsibility under and they start on the road to recovery. propaganda, propaganda that looks to our Constitution. The side effect is the choice of death or drive industry out of this country. So I would hope that the House would life. With that, I urge passage of this vote this down. I know we won’t. But I I yield back the balance of my time. amendment, and I reserve the balance also know that there will be another The Acting CHAIR. The question is of my time. day in which this legislation will have on the amendment offered by the gen- Mr. CULBERSON. Mr. Chairman, I to be considered in a format in which it tleman from Pennsylvania (Mr. claim the time in opposition, although won’t be just the House majority mak- PERRY). I am not opposed to the gentleman’s ing these decisions. The question was taken; and the Act- amendment. And thank God for that, because even ing Chair announced that the noes ap- The Acting CHAIR. Without objec- the House majority could be wrong peared to have it. tion, the gentleman from Texas is rec- every once in a while, as proven by this Mr. PERRY. Mr. Chairman, I demand ognized for 5 minutes. amendment. a recorded vote. There was no objection. Mr. CULBERSON. I yield back the Mr. FATTAH. Mr. Chairman, I am The Acting CHAIR. Pursuant to balance of my time. not going to object, but I am in opposi- clause 6 of rule XVIII, further pro- Mr. PERRY. Mr. Chairman, I cer- tion to the amendment. So as long as ceedings on the amendment offered by tainly respect the thoughts of my good the chairman will yield me half of the the gentleman from Pennsylvania will colleague and good friend from Penn- time, I think we are fine. be postponed. sylvania. I also want to remind him Mr. CULBERSON. Of course. that we went through this last session. AMENDMENT OFFERED BY MR. PERRY Mr. FATTAH. Go right ahead. Mr. PERRY. Mr. Chairman, I have an Mr. CULBERSON. Mr. Chairman, I do This very same amendment passed by amendment at the desk. want to express my support for the vote. And while we do absolutely have The Acting CHAIR. The Clerk will re- gentleman’s amendment. I think it is the requirement and responsibility for port the amendment. very important that we restrict this or the stewardship of the planet, I just The Clerk read as follows: any other President’s ability to enter want to remind everybody here, in case At the end of the bill (before the short into agreements that would interfere you don’t know, we have these new title), add the following: with our rights as Americans, would ozone rules coming out, set to come SEC. l. None of the funds made available interfere with the laws as enacted by out, or be codified in October. Yet from in this Act may be used to implement the Congress. And that is the intent of this administration’s EPA, ozone levels United States Global Climate Research Pro- have plummeted 33 percent since 1980. gram’s National Climate Assessment, the your amendment, to ensure that the laws enacted by Congress or by the leg- That is reported from the current ad- Intergovernmental Panel on Climate ministration’s EPA. Let me just repeat Change’s Fifth Assessment Report, the islatures of the several States reign su- United Nation’s Agenda 21 sustainable devel- preme and no President can enter into that: ozone levels have plummeted 33 opment plan, or the May 2013 Technical Up- any kind of an agreement. We are not percent since 1980 because of the good date of the Social Cost of Carbon for Regu- going to subject ourselves to the law of work we have done. Yet in a downturn latory Impact Analysis under Executive the U.N. or any of these other agree- economy where the economy is actu- Order 12866. ments in here. So I strongly support ally contracted in the first quarter, we Mr. PERRY (during the reading). Mr. the gentleman’s agreement. seek to force more unnecessary rules Chairman, I ask unanimous consent to I would be happy to yield to the gen- that are unvetted by this Congress, dispense with the reading. tleman from Pennsylvania (Mr. this people’s House, on the businesses The Acting CHAIR. Is there objection FATTAH). of America and also things like United to the request of the gentleman from Mr. FATTAH. Mr. Chairman, I thank Nations Agenda 21. Pennsylvania? the chairman. And just as strongly as b 0140 There was no objection. the chairman supports it, I oppose it. I just feel like those rules and those The Acting CHAIR. Pursuant to Even though I supported your last regulations should come at the vetting House Resolution 287, the gentleman amendment, this one is headed in the of this body instead of by the United from Pennsylvania and a Member op- wrong direction. posed each will control 5 minutes. We have a need to deal with the chal- Nations. What is good for America The Chair recognizes the gentleman lenges around our stewardship of the should be handled by Americans. I thank the chairman for his support. from Pennsylvania. planet Earth and the questions around Mr. Chairman, I yield back the bal- Mr. PERRY. Mr. Chairman, this climate and working with our inter- amendment prevents funds from being ance of my time. national neighbors. The Acting CHAIR. The question is used for the implementation of the I want to commend the administra- on the amendment offered by the gen- United States Global Climate Research tion for getting an agreement with tleman from Pennsylvania (Mr. Program’s National Climate Assess- China around some of these issues. It is ment, the Intergovernmental Panel on PERRY). necessary for our children and our The amendment was agreed to. Climate Change’s Fifth Assessment Re- grandchildren and great-grandchildren AMENDMENT OFFERED BY MR. GARRETT port, the United Nation’s Agenda 21 that we act as proper stewards. It is Mr. GARRETT. Mr. Chair, I have an sustainable development plan, or the our obligation, at least in most of our amendment at the desk. May 2013 Technical Update of the So- religious teachings, that we have a re- The Acting CHAIR. The Clerk will re- cial Cost of Carbon for Regulatory Im- sponsibility to be good stewards. pact Analysis under Executive Order So we can’t ignore even for the point port the amendment. The Clerk read as follows: 12866. of profits. You mentioned how this Mr. Chairman, this administration might interfere with business interests. At the end of the bill (before the short and others before it have taken unilat- title), insert the following: It is beyond the question of business SEC. ll. None of the funds made available eral actions that push a climate change interests. We need clean water, clean in this Act may be used by the Department agenda that hinders our own domestic air, we need a climate that is capable of Justice to enforce the Fair Housing Act in business and industry. of human habitation, at least until we a manner that relies upon an allegation of li- Programs such as the United States can have Europa as a second exit op- ability under section 100.500 of title 24, Code Global Climate Research Program’s portunity. This is the only planet for of Federal Regulations. National Climate Assessment and human beings that we know of and we, Mr. GARRETT (during the reading). Agenda 21 drive burdensome regula- therefore, have a responsibility. Mr. Chair, I ask unanimous consent tions on unsound science, such as the And the President under our Con- that the amendment be considered as new ozone rules set to take effect this stitution is the carrier of our inter- read and printed in the RECORD.

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.262 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3753 The Acting CHAIR. Is there objection reject this misguided theory by sup- this amendment, and I will seek a re- to the request of the gentleman from porting this amendment. corded vote on it. New Jersey? I reserve the balance of my time. I yield back the balance of my time. There was no objection. Mr. FATTAH. Mr. Chairman, I rise in The Acting CHAIR. The question is The Acting CHAIR. Pursuant to opposition to the amendment. on the amendment offered by the gen- House Resolution 287, the gentleman The Acting CHAIR. The gentleman tleman from New Jersey (Mr. GAR- from New Jersey and a Member op- from Pennsylvania is recognized for 5 RETT). posed each will control 5 minutes. minutes. The question was taken; and the Act- The Chair recognizes the gentleman Mr. FATTAH. Mr. Chairman, this is ing Chair announced that the ayes ap- from New Jersey. obviously an important signal from the peared to have it. Mr. GARRETT. Mr. Chair, I yield majority to Americans of color, wheth- Mr. FATTAH. Mr. Chair, I demand a myself 3 minutes. er they be Asian Americans, African recorded vote. I rise today to offer an amendment Americans, Hispanic Americans, or Na- The Acting CHAIR. Pursuant to that stops the Justice Department tive Americans, that the one thing clause 6 of rule XVIII, further pro- from using one of the most dangerous that they don’t want is to enforce the ceedings on the amendment offered by and illogical theories of all time, the fair housing laws and that they don’t the gentleman from New Jersey will be theory of disparate impact. want to have a circumstance in which, postponed. In short, disparate impact allows the even though the impact of a set of poli- AMENDMENT OFFERED BY MR. MARINO government to allege discrimination cies means that you are excluded, that Mr. MARINO. Mr. Chair, I have an on the basis of race or other factors amendment at the desk. based solely on statistical analyses somehow there should not be any re- The Acting CHAIR. The Clerk will re- that find disproportionate results dress for that. We went through this debate last port the amendment. among different groups of people. The Clerk read as follows: In recent years, the Justice Depart- year. I am going to ask for a recorded ment has increasingly used this dubi- vote on this as I think it is an impor- At the end of the bill (before the short tant indication of the nature of inclu- title), insert the following: ous theory in lawsuits against mort- SEC. ll. None of the funds made available gage lenders, insurers, and landlords siveness that is being offered to Amer- ica by the House majority. by this Act may be used for the Department and has forced these companies to pay of Justice’s clemency initiative announced multimillion-dollar settlements. I reserve the balance of my time. on April 23, 2014, or for Clemency Project What is wrong with that, one might Mr. GARRETT. Mr. Chair, I yield 2014, or to transfer or temporarily assign em- ask? Under disparate impact, one could myself such time as I may consume. ployees to the Office of the Pardon Attorney never have intentionally discriminated I think it is an indication of some- for the purpose of screening clemency appli- in any way and even have strong thing. It is an indication of whether cations. antidiscriminatory policies in place this House is more concerned about ac- The Acting CHAIR. Pursuant to and still be found to have discrimi- tually filing true intentional discrimi- House Resolution 287, the gentleman nated. nation or is just creating fear in this from Pennsylvania and a Member op- For example, if mortgage lenders use area by saying that we are going after posed each will control 5 minutes. a completely objective standard to as- discrimination based upon disparate The Chair recognizes the gentleman sess credit risk, such as the debt-to-in- impact. from Pennsylvania. come ratio, they can still be found to It is about whether this House is Mr. MARINO. Mr. Chairman, my have discriminated if the data show more concerned about making things amendment prohibits funds from this different loan approval rates for dif- easier for all races, for all ethnicities, bill from being used to transfer or de- ferent groups of consumers. for all ethnic groups to be able to buy tail employees to the Office of the Par- To be clear, I have zero tolerance for homes and to live and prosper and don Attorney to support the adminis- discrimination in any form; and, if enjoy a new home or make it more dif- tration’s so-called clemency project. there is intentional discrimination, we ficult to be able to buy that first home. The President possesses the constitu- must prosecute to the fullest extent of Allowing the Justice Department to tional authority ‘‘to grant reprieves the law. The Justice Department’s use use disparate impact will do just that. and pardons for offenses against the of disparate impact, however, tries to It will make it more difficult for those United States.’’ However, in the first 5 fight one injustice with another. individuals who now find it difficult to years of his administration, President On a more practical level, disparate buy a home because lenders will not be Obama granted fewer pardons and impact will make it difficult, if not im- able to use the proper risk analysis to commutations than any of his recent possible, for lenders to make rational make those decisions and, therefore, predecessors. economic decisions about risk. Lenders will be less likely to make those loans. Last year, the Deputy Attorney Gen- will feel pressured to weaken their For those reasons and for the other eral took the unprecedented step of standards to keep their lending statis- philosophical and practical reasons I asking the defense bar for assistance in tics in line with whatever the Justice have already stated, I encourage my recruiting candidates for executive Department’s bureaucrats consider colleagues to support this amendment. clemency, specifically for Federal drug nondiscriminatory. I yield back the balance of my time. offenders. The Justice Department in- We have seen the damage risky lend- Mr. FATTAH. Mr. Chair, the gen- tends to beef up its Office of the Par- ing can do to our economy. It is truly tleman said for practical and other don Attorney to process applications reckless for our government now to be philosophical reasons. for commutations of sentence for Fed- encouraging those dangerous and I guess, if you looked at Major eral drug offenders. shortsighted practices. Ironically, dis- League Baseball and if you didn’t see The Justice Department is also ac- parate impact forces lenders, insurers, anybody of color, you could assume cepting pro bono legal work from the and landlords to constantly take race, that there was a disparate impact until ACLU and other defense attorney orga- ethnicity, gender, and other factors Jackie Robinson showed up, but Amer- nizations for this initiative. This into account or risk running afoul of ican baseball is a lot better, and I amendment would prohibit that. the Justice Department. think that our country is a lot stronger The Constitution gives the President Mr. Chairman, even an accusation of because of the diversity that exists. the pardon power, but the fact that the discrimination could have a dev- I think the fair housing laws have President has chosen to use that power astating impact on a small business. played an important role in at least solely on behalf of drug offenders shows Therefore, on balance, disparate im- the idea that we think that you that this is little more than a political pact will make it more difficult and ex- shouldn’t have a circumstance in ploy by the administration to bypass pensive for families to buy a home, and which, no matter what the set of poli- Congress. it will result in more discrimination, cies, if you are a different color or eth- This is not, as the Founders in- not less. nic background, you shouldn’t apply. tended, an exercise of the power to pro- For these reasons, both philosophical I think it is something that we have vide for ‘‘exceptions in favor of unfor- and practical, I ask my colleagues to rejected as a nation. I hope we reject tunate guilt,’’ but the use of the pardon

VerDate Sep 11 2014 08:02 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.267 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3754 CONGRESSIONAL RECORD — HOUSE June 2, 2015 power to benefit an entire class of of- because of bypassing Congress and I yield back the balance of my time. fenders duly convicted in a court of making decisions that are not in its Mr. MARINO. How much time do I law. authority. have remaining? So let’s be realistic about this. This The Acting CHAIR. The gentleman b 0150 isn’t an issue of politics, from my per- from Pennsylvania has 11⁄2 minutes re- It is also just the latest example of spective. I do say it is an issue of poli- maining. the executive overreach by this admin- tics from the administration’s perspec- Mr. MARINO. I am sure in my re- istration, and I urge support of my tive. marks my colleague is not referring to amendment. I reserve the balance of my time. any comment that I made that no I reserve the balance of my time. Mr. FATTAH. Mr. Chairman, I yield other President has done something of Mr. FATTAH. I seek time in opposi- to the gentleman from Texas (Mr. CUL- this nature. I came to Congress in 2011. tion to the amendment. BERSON), the chairman, if he needs the Really, my concern is what is hap- The Acting CHAIR. The gentleman time. pening with this administration, not from Pennsylvania is recognized for 5 Mr. CULBERSON. I thank the gen- past administrations. I am dwelling on minutes. tleman from Pennsylvania. the future and the rule of law. Mr. FATTAH. The executive branch, Mr. Chairman, I do want to express It is very clear what this administra- the President of the United States, has my support for the gentleman’s amend- tion is doing when it comes to the rule the responsibility to review applica- ment. I am concerned about the efforts of law or the lack of rule of law. Once tions for pardons and clemency, and of this White House to repeatedly ig- again, this administration does not this would interfere with the executive nore the laws enacted by Congress. If like the drug laws. It has a very dif- branch’s responsibility in that regard. I we didn’t have this track record from ficult time with the criminal laws that think that it would also hamper our this President who has made a delib- are on the books. I was a prosecutor for 18 years at the ability to move this bill to a position erate effort to evade the laws written State level and the Federal level. I of final passage and signature by the by Congress and attempted to bypass have seen what takes place concerning President. I am opposed to it. them at every opportunity—the Presi- drugs. I have put people in prison for I am glad the gentleman from Penn- dent has lost a record number of cases selling drugs; I have put people in pris- sylvania was able to have an oppor- before the Supreme Court. I believe, Mr. MARINO, the Supreme on for hurting people who they sell tunity to offer it and air his point of drugs to; and I have taken the position view, but I think when we have a Presi- Court has ruled against the President unanimously on repeated occasions where some people did not deserve to dent perhaps of a different party, there go to prison based on several factors. will be less enthusiasm for trying to when the White House has attempted to avoid a statute and refused to en- But the individuals that I sent to pris- unnecessarily interfere in the proper force it, and Mr. MARINO brings to the on, and I think, overwhelmingly, ac- role of the executive, which clemencies table tonight experience as a pros- cording to the criteria that this admin- and pardons are in the purview of the ecutor, very valid concerns about istration has set, they are talking President; and detailing employees of granting clemency to a whole category about individuals that have a sentence the executive branch, for the Repub- of people rather than as in the case of of 10 years or less, that is quite a sen- lican Party that is for normally a pardon, which is on an individual tence to pardon, because those individ- streamlining and making nimble and basis. uals who have been sent to prison, in allowing managers to set priorities and I thank the gentleman for yielding my experience, for 5 and 6 and 10 years to move personnel around, to suggest me the time. are major drug dealers. that they somehow now are against Mr. FATTAH. Reclaiming my time, I yield back the balance of my time. this, I assume there is some particular we have, and it must be just inherent The Acting CHAIR. The question is reason, and it couldn’t be anything for politicians, selective amnesia. We on the amendment offered by the gen- other than on the merits I am certain. kind of remember what we want to re- tleman from Pennsylvania (Mr. I thank the gentleman, and I would member, and we forget what we want MARINO). stand in opposition to the amendment. to forget. The amendment was agreed to. I reserve the balance of my time. Now, it has been uttered on the floor AMENDMENT OFFERED BY MR. AUSTIN SCOTT OF Mr. MARINO. How much time do I of the House that no President has GEORGIA have remaining? done some broad swath of clemencies Mr. AUSTIN SCOTT of Georgia. I The Acting CHAIR. The gentleman or pardons. Well, it was President Ford have an amendment at the desk. from Pennsylvania has 3 minutes re- who offered and President Carter who The Acting CHAIR. The Clerk will re- maining, and the other gentleman from implemented a clemency or amnesty port the amendment. The Clerk read as follows: Pennsylvania has 31⁄2 minutes remain- for hundreds of thousands of people ing. At the end of the bill, insert: who had evaded the draft during the SEC. lll. None of the funds made avail- Mr. MARINO. Mr. Chairman, I would Vietnam war. able by this Act may be used by the National share with my good friend from Penn- This has nothing to do with the im- Oceanic and Atmospheric Administration to sylvania, no matter who is in the plementation of the laws set by our enforce: White House, Republican or Democrat, Congress. This right to the Presidency 1) Amendment 40 to the Fishery Manage- my enthusiasm is always at an all-time of pardons and clemency is given in the ment Plan for the Reef Fish Resources of the high, particularly when it comes to fol- Constitution. The point here is that it Gulf of Mexico published in the Federal Reg- lowing the law. ister on April 22, 2015 or any other effort of is just another effort, this consistent the same substance, or The President does have the author- drumbeat about our President. 2) Red Snapper Management Measures pub- ity to pardon, but not to, as he has This will not be the law at the end of lished in the Federal Register on May 1, 2015 done here, zeroed in on a specific class the day when this bill is passed. I op- or any other effort of the same substance of individuals who broke the law, and pose it, and there is no President that that establishes an–4 annual catch limits or that is people who use drugs, sell is going to sign away their executive annual catch targets for Red Snapper that drugs, made profits from drugs, and authority. It would diminish the power would result in the commercial fishing for Red Snapper in the federal waters of the Gulf were duly found guilty and sentenced. of the Presidency. And perhaps for the of Mexico lasting longer than five times the This is just a way for this administra- majority if they were to gain this Pres- number of days recreational fishers are al- tion to bypass the drug laws that they idency again—and I am sure they will lowed to catch and retain at least two such don’t agree with. on some election—they wouldn’t want fish each day in such federal waters. This administration is known for to diminish the power of the Presi- Mr. AUSTIN SCOTT of Georgia (dur- that. If they don’t agree with some- dency. I think it is just ill-fated and it ing the reading). Mr. Chair, I ask unan- thing, they just try to bypass it, as is focused at a particular effort at this imous consent to dispense with the they have done numerous times with moment, but it does not represent a reading. Congress. But, fortunately, the United historical fact that a President has not The Acting CHAIR. Is there objection States Supreme Court has slapped this provided broad exemption or clemency to the request of the gentleman from administration down numerous times or pardons in our past. Georgia?

VerDate Sep 11 2014 09:16 Jun 03, 2015 Jkt 049060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.269 H02JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 2, 2015 CONGRESSIONAL RECORD — HOUSE H3755 There was no objection. Mr. FATTAH. Reclaiming my time, ENROLLED BILL SIGNED The Acting CHAIR. Pursuant to in spirit, I support this. I don’t know Karen L. Haas, Clerk of the House, House Resolution 287, the gentleman what the unintended consequences are. reported and found truly enrolled a bill from Georgia and a Member opposed So I would be prepared to accept it, as of the House of the following title, each will control 5 minutes. long as we can dig into it and make which was thereupon signed by the The Chair recognizes the gentleman sure there are no unintended cir- Speaker: from Georgia. cumstances. Mr. AUSTIN SCOTT of Georgia. Mr. I know this is a very parochial mat- H.R. 2048. An act to reform the authorities Chair, first I would like to thank the of the Federal Government to require the ter. I think you should be able to take production of certain business records, con- Parliamentarians for helping us work your kid out fishing. I don’t think that duct electronic surveillance, use pen reg- with this language. I would like to es- profit is the only motivator in the isters and trap and trace devices, and use pecially thank both the majority and world. I don’t know why it would be so other forms of information gathering for for- the minority staff for giving me the arbitrary a cut line. eign intelligence, counterterrorism, and courtesy of presenting this. I know it is At this point I would like to work criminal purposes, and for other purposes. late, and we certainly hoped to close by with the chairman on this. I would be f 2 a.m. prepared to accept it at this time. If we It is the third day of what has been find some major problem with it, we SENATE ENROLLED BILL SIGNED designated as the 10-day red snapper will jump up and down about it then. The Speaker announced his signature season for a man or woman who simply Mr. CULBERSON. Will the gen- to an enrolled bill of the Senate of the wants to take their child fishing in the tleman yield? following title: Gulf of Mexico. Mr. FATTAH. I yield to the gen- S. 802. An act to authorize the Secretary of b 0200 tleman from Texas. State and the Administrator of the United Mr. CULBERSON. I completely States Agency for International Develop- The commercial fishermen get to fish agree, and I join my ranking member ment to provide assistance to support the 365 days a year. The charter boat an- in accepting this amendment and rights of women and girls in developing glers get to fish 45 days a year. working with you. If there is some- countries, and for other purposes. What this amendment does is it says thing we didn’t spot or anticipate, we f that the National Fisheries Service will work it out. But I think the gen- cannot enforce a rule that was adopted tleman has got a good amendment, and ADJOURNMENT that is, quite honestly, probably going I would agree, I would recommend we Mr. CULBERSON. Mr. Speaker, I to court. And then it says that as they would accept it. move that the House do now adjourn. go forward and they pass the rules in Mr. AUSTIN SCOTT of Georgia. Mr. The motion was agreed to; accord- the future, the recreational fishermen Chairman, I would like to say that as a ingly (at 2 o’clock and 5 minutes a.m.), should receive at least 20 percent of the dad, honestly, I would like to say under its previous order, the House ad- number of days as the commercial fish- thank you for doing this. And cer- journed until today, June 3, 2015, at 10 erman does with regard to the red tainly, if there are unintended con- a.m. for morning-hour debate. snapper in the Gulf of Mexico. sequences, I would look forward to f That is effectively what it does. It working with you to resolve those un- still allows them to set the seasons. It intended consequences. EXECUTIVE COMMUNICATIONS, does have some restriction in that they Again, as a father of a son named ETC. just can’t take from the recreational Wells and a daughter named Carmen Under clause 2 of rule XIV, executive fishermen. They have to give the rec- and a lovely wife named Vivien, I just communications were taken from the reational not-for-hire and for-hire 20 want to say thank you. Speaker’s table and referred as follows: percent of the number of calendar days Mr. FATTAH. My wife is a fly fisher. that they give the commercial fisher- 1672. A letter from the Acting Director, De- We are not doing red snapper. But I un- fense Procurement and Acquisition Policy, men to fish for red snapper in the Gulf derstand the spirit of it, and we will OUSD (AT&L) DPAP/DARS, Department of of Mexico. take it at that, and I yield back the Defense, transmitting the Department’s in- With that, Mr. Chairman, I reserve balance of my time. terim rule — Defense Federal Acquisition the balance of my time. Mr. AUSTIN SCOTT of Georgia. I Regulation Supplement: Offset Costs Mr. FATTAH. Mr. Chairman, I rise in yield back the balance of my time. (DFARS Case 2015-D028) (RIN: 0750-AI59) re- opposition. The Acting CHAIR. The question is ceived June 1, 2015, pursuant to 5 U.S.C. The Acting CHAIR. The gentleman on the amendment offered by the gen- 801(a)(1)(A); to the Committee on Armed Services. from Pennsylvania is recognized for 5 tleman from Georgia (Mr. AUSTIN 1673. A letter from the Chair, Board of Gov- minutes. SCOTT). Mr. FATTAH. I yield to the gen- ernors of the Federal Reserve System, trans- The amendment was agreed to. mitting the twenty-fifth ‘‘Report to the Con- tleman from Georgia because I need to Mr. CULBERSON. Mr. Chairman, I gress on the Profitability of Credit Card Op- ask a question about this. move that the Committee do now rise. erations of Depository Institutions’’, pursu- You say that the commercial catch The motion was agreed to. ant to Sec. 8 of the Fair Credit and Charge limits for fishing days are 360 days a Accordingly, the Committee rose; Card Disclosure Act of 1988; to the Com- year? And I yield to the gentleman. and the Speaker pro tempore (Mr. mittee on Financial Services. Mr. AUSTIN SCOTT of Georgia. Yes, GRAVES of Louisiana) having assumed 1674. A letter from the Chairman and Presi- sir. They can fish year-round for red the chair, Mr. STIVERS, Acting Chair of dent, Export-Import Bank, transmitting a snapper. It is different for different the Committee of the Whole House on statement, pursuant to Sec. 2(b)(3) of the Ex- species. This is tailored specifically to port-Import Bank Act of 1945, as amended, the state of the Union, reported that on a transaction involving Emirates Airlines this species. that Committee, having had under con- of Dubai, United Arab Emirates; to the Com- Mr. FATTAH. Reclaiming my time, sideration the bill (H.R. 2578) making mittee on Financial Services. we are talking red snapper, right? I appropriations for the Departments of 1675. A letter from the Assistant Secretary yield to the gentleman. Commerce and Justice, Science, and for Legislation, Department of Health and Mr. AUSTIN SCOTT of Georgia. Yes, Related Agencies for the fiscal year Human Services, transmitting the ‘‘2014 An- sir. ending September 30, 2016, and for nual Report to the Congress on the Native Mr. FATTAH. But for the rec- other purposes, had come to no resolu- Hawaiian Revolving Loan Fund’’, pursuant to Sec. 803A of the Native American Pro- reational fisherman, taking your sons tion thereon. out to fish for the day, there is a limit grams Act of 1974, as amended; to the Com- of 10 days? LEAVE OF ABSENCE mittee on Education and the Workforce. Mr. AUSTIN SCOTT of Georgia. Yes, 1676. A letter from the General Counsel, By unanimous consent, leave of ab- Pension Benefit Guaranty Corporation, sir. This is the third day of the 10-day sence was granted to: transmitting the Corporation’s final rule — season for the Federal waters for the Mr. HUDSON (at the request of Mr. Benefits Payable in Terminated Single-Em- recreational fishermen in the Gulf of MCCARTHY) for today until 6:45 p.m. on ployer Plans; Interest Assumptions for Pay- Mexico. account of attending a funeral. ing Benefits received June 1, 2015, pursuant

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